Showing posts with label Motorcycle Accidents. Show all posts
Showing posts with label Motorcycle Accidents. Show all posts

Tuesday, October 14, 2014

What Should You Do After A Motorcycle Accident in Baltimore, Maryland?

Visit us at: www.portnerandshure.com


or call to speak with one of our experienced Maryland motorcycle accident attorneys at (301) 854-9000 for a free consultation.


Baltimore, Maryland is the largest city in Maryland, and the 26th largest city in the United States with a population over 600,000.  With traffic being a major issue in the city, one must be wary of traffic accidents.  Motorcycle accidents are one of the most dangerous types of accidents because motorcyclists lack the same protection as cars and trucks.  Motorcycles do not have airbags, windshields or seatbelts to protect them in an accident.  After a motorcycle accident has occurred, it is important for you, as the rider, to follow these tips to protect your personal safety and to ensure your best chance at getting the compensation you deserve.




  • Escape Immediate Danger and Seek Medical Attention




    • Nearly 62% of motorcycle accidents involve fuel leaks.  You must distance yourself from the motorcycle if there is a leak.  Further, make sure no one lights an open flame, including flares, near the scene of the accident if there is gasoline leaking.  If you are injured, you should be taken to a hospital for immediate care.  Common injuries resulting from a motorcycle accident include scrapes and bruises, broken arms and/or legs, and concussions.  It is important that a doctor examines your injuries to determine the severity.






  • Stay Calm and Remain Silent




    • After any traumatic event, such as an accident, your body's adrenaline may cause you to act irrationally.  Remain calm by taking deep breaths and sitting down.  Do not talk to anyone because adrenaline sometimes causes people to speak without thinking, and it is important to avoid admitting fault.






  • Do Not Leave the Scene of the Accident




    • Make sure you exchange information with all involved parties and wait for the police to arrive.  By leaving after the accident, you open yourself up to a hit and run felony charge.






  • Keep Records of All Documents Related to the Accident




    • It is very important to keep a record of all expenses you incurred as a result of the accident.  Some common expenses include doctor's visits, repairs and lost wages from time missed at work.






  • Call the Police




    • A police report is important because it will document the facts of the crash, the parties involved and record of any witnesses.  If police do not arrive at the scene, it is best to file a report later at the police station.






  • Seek Professional Legal Counsel







    • Call an experienced motorcycle accident attorney to help you recover any benefits to which you may be entitled.  It is important to call a lawyer as soon as possible to assure that all evidence and witnesses do not disappear.   




If you or a family member has been injured or killed in an automobile accident, truck, bus, or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com


 






Thursday, September 25, 2014

Korean Accident Lawyer Maryland

Visit us at www.koreanaccidentlaywer.com


or call us at (301) 854-9000 to speak with an experienced Korean car accident lawyer today for a free consultation.



3 Reasons Why Our Paralegals are some of the best


First, people often ask me if I'm upset that attorney Bob Katz hires my former employees. I know that currently three of my former staff members work for him. None of course quit to go there, and all left after being trained by Portner & Shure. I am not upset. Instead, I am proud that even our former employees are considered an asset to Bob Katz. In fact, one former Korean employee does his new case screening. Further, one of our former paralegals now services the Korean community for Mr. Katz.


Second, our paralegals are trained on a case management system known as Needles. Even Bob is aware of the training our employees are given on this system, and acknowledges that this system is the best way to manage personal injury cases.


Third, our current paralegals are trained on the colussus system. The colussus system is used by the insurance carriers to evaluate claims. Paralegals who understand how this system works understands how to value a case.


If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at www.koreanaccidentlawyer.com






Tuesday, June 17, 2014

Ellicott City Auto Accident Attorney | Motorcyclist Killed in Howard County

A motorcyclist was killed when his motorcycle crashed with a car in Ellicott City, Maryland Howard County police said.


Police say an officer saw the motorcyclist speeding in the westbound lane on U.S. 40 around 11:15 a.m. Tuesday. Authorities say the officer tried to stop the vehicle, but stopped following it to avoid a high-speed pursuit.


Witnesses told police the driver sped through the red light at U.S. 40 and Normandy Drive and was running a red light at U.S. 40 and Rogers Avenue when he was struck by a 2001 Saturn sedan making a legal left turn on a green arrow from U.S. 40 onto Rogers Avenue.

The motorcyclist was pronounced dead at Howard County General Hospital. The driver of the car was taken to the hospital as a precaution but had no serious, physical injuries.


Motorcycle riders experience significantly higher rates of fatal injury as compared to motor vehicle occupants. In 2011, motorcycle riders were more than 30 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 5 times more likely to be injured. Motorcyclist fatalities have decreased in Maryland over the past five years, but still account for 16% of all traffic fatalities. According to the CDC, after reinstating their universal helmet law, Maryland saw motorcycle deaths drop by 37%. Maryland ranks #5 in the nation for lives saved and economic costs saved due to helmet use.


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Thursday, February 9, 2012

What Makes Portner & Shure Better than Other Personal Injury Attorneys in Howard County?


  1. Familiarity with Columbia and the surrounding area. We opened in Ellicott City eighteen years ago, and now have our main office in Columbia. Since that time we have settled or tried over 15,000 personal injury cases, many for Howard County clients. We know how to best handle a Howard County accident case just by shear experience. Our verdicts and settlements in Howard County reveal that we can recover fair compensation from every insurance carrier including Allstate, MAIF, and GEICO. Further, the Howard County criminal defense attorneys on staff here at Portner & Shure have been to court with thousands of criminal defendants and have obtained excellent results. I have lived in Ellicott City for over ten years and am active in the community. In addition, half of our staff resides in Columbia or Ellicott City. As a result, we know the tendencies of the citizens who make up juries in Howard County and we know the tendencies of most of the Howard County District Court and Circuit Court Judges. This knowledge is a great asset in Howard County personal injury jury and Howard County criminal cases.

  2. Does Portner & Shure do anything special to help represent the diverse make up of the residents of Howard County?Howard County has an extremely large and active Korean community. Our Korean Department allows our Howard County personal injury law firm to help Korean speaking accident victims and Korean speaking criminal defendants in Ellicott City and Columbia. In order to assist the Spanish speaking population, we currently have a Spanich department, including Elizabeth, Norma, Claudia, Will and Cynthia, to help with Spanish speaking automobile accident victims and Spanish speaking residents charged with DWI or other criminal offenses in Ellicott City and Columbia. Lastly, we have a Chinese department, consisting of Rosanna, Jane and Christine, to help Chinese speaking automobile accident victims and Chinese speaking criminal defendants in Columbia and Ellicott City.

  3. Why Portner & Shure in Howard County?


  • Our foreign departments allow our Howard County law firm to help the diverse population

  • Our Howard County attorneys are always available

  • We have a convenient, main office located in Columbia in Howard County

  • Our Howard County attorneys have experience in Howard County from working and living here for approximately eighteen years.

  • Our track record of great results

  • We are respected by every insurance company


Top Ten Defenses to Maryland Personal Injury Claims


  1. Liability - Many Maryland auto accident cases involve a dispute over who is at fault. In a simple rear end collision, liability is often accepted when the claim is filed. If the accident involves a lane change, sudden stop, multiple impacts or two different accounts of the accident with no police report or witness, the automobile insurance company often denies liability(almost always if the carrier is Geico or MAIF). These claims end up in court where an experienced personal injury attorney has the burden to prove, by a preponderance of the evidence, that the other driver was at fault. The term preponderance of the evidence means more likely than not. In other words, the fate of your accident recovery often depends on the experience of the trial lawyer you retained. A "Trial Lawyer" is someone you need to hire when you first call an attorney, not just a Maryland accident lawyer. Portner & Shure's attorneys are trial attorneys and our website reflects many of the injury awards we have received in court, not just by settling.

  2. Contributory Negligence - Maryland's contributory negligence doctrine is cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages. Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. Many Maryland accident attorneys do not understand how this rule works. As a result, you must hire an experienced injury lawyer who can overcome this rule.

  3. Low Property Damage - Some automobile accident claims, where liability is not disputed, don't settle. One of the main reasons these cases fail to settle is because insurance adjusters refuse to offer fair settlements in accidents where the property damage to the injured victim's vehicle amounts to less than $1,000. Insurance companies often argue, in these cases, that the medical treatment received by the injured party was not warranted considering the low impact and that the injuries suffered could not have resulted from a minor accident. The adjusters' low impact argument often fails in court. There are several arguments that can be made on behalf of a plaintiff by an experienced Maryland accident lawyer. First, large accidents with significant property damage can result in little or no injuries to those involved, while minor accidents often result in serious injuries. Second, especially in rear end collisions, the injured victim does not have a chance to brace for impact. Third, sometimes the types of vehicles involved can explain the extent of the property damage. Forth, the evaluation of the accident victim's injuries and treatment is done by medical professionals who, absent evidence to the contrary, give medical treatment that is fair and reasonable and medically necessary. In almost every district court in Maryland, Portner & Shure trial attorneys have prevailed in low impact accidents.

  4. Preexisting Injury or Underlying Condition - In many personal injury cases, the injured victim may have a preexisting injury or underlying condition. In these personal injury cases, insurance companies' attorneys will argue that the individual was already injured, experiencing symptoms before the accident and that the injury was not caused by the accident. When a plaintiff has a preexisting injury, an experienced Maryland accident attorney can use medical records to show that the plaintiff was fully recovered from the accident and released from treatment. Further, the personal injury attorney can argue that the plaintiff was asymptomatic before the current accident or that the preexisting injury was made worse by the accident. If the injured accident victim has a preexisting injury, such as a degenerative back condition, the fact that the condition was exacerbated or that there was a predisposition for an injury could explain why the accident resulted in significant injury. This argument is based off of the "Egg Shell Theory" which dictates that the condition of the victim prior to the accident does not mitigate the liability of the negligent party for the injuries resulting from the accident. In other words, "you take the victim as you find them".

  5. (a) Causally Related - Sometimes insurance companies and there lawyers will argue that the injuries are not causally related to the accident, and that there is no reasonable connection between the accident and the alleged injuries. For example, if an individual is involved in an automobile accident and claims that, as a result, he or she had an appendix removed there is a strong argument against that claim. However, if a person is involved in an accident, which leads to a panic attack and an overnight stay in a hospital, there is a strong argument to be made that the condition was caused or exacerbated because of another person's negligence. Again, the Maryland personal injury attorneys have to prove by, a preponderance of the evidence, that the injury was caused by the accident, which means that the injury was more likely than not caused by the accident.
  6. (b) Medically Necessary - This defense is often used when an injury victim pursues alternative healthcare such as acupuncture, acupressure and aquatic therapy. Insurance companies and there attorneys argue that this treatment is not legitimate. At trial, defense attorneys will often make a pretrial objection to any type of acupuncture treatment. The Maryland attorneys at Portner & Shure represent many Chinese, Korean and Vietnamese accident victims. Our Maryland accident attorneys defeat the objections of defense attorneys. Acupuncture is an ancient form of medicine and to argue that an injury victim does not have an option to be treated by an acupuncturists is rarely successful at trial. In Maryland accident cases that involve more serious injuries, defense attorneys often argue that invasive procedures such as surgery and epidural steroid injections are not medically necessary. This argument is easily overcome by the expert testimony of a treating physician.
  7. Assumption of the Risk - The concept of "assumption of the risk" is fairly basic. For example, bee keepers assume the risk of being stung and rock climbers assume the risk of falling to their death. Simply put, a person who engages in risky activities cannot complain when the result is injury or death. The legal concept of "assumption of the risk" is based on the same principle, but does require a more detailed explanation. In Maryland, a person assumes the risk if that individual voluntarily engages a particular action or inaction known to that person to be inherently dangerous. If that particular action or inaction leads to an accident which results in injury, there can be no claim of negligence. For example, if a person is having a particularly good time and decides to dance on top of the bar, that individual cannot claim negligence if he or she slips on a spilled drink and falls. Assumption of the risk is a favorite argument of defense lawyers in Maryland, however, it is seldom applicable in auto accident, malpractice and product liability cases. The assumption of the risk defense is often utilized successfully in Maryland slip and fall cases.

  8. Subsequent Accident or Injury - If an accident victim is involved in a subsequent accident the insurance companies and their attorneys can argue that the subsequent accident superceded the prior accident. An experienced Maryland personal injury lawyer can overcome this defense by examining the medical records. If the plaintiff's complaints were resolved before the subsequent accident then the defense is without merit. In cases where the subsequent accident was minor and there was little to no treatment, the personal injury attorney can argue that the subsequent accident was merely a blip on the radar and did not impact the more serious injuries resulting from the prior accident.

  9. Gaps in Treatment - Too often Maryland accident victims wait several days before they are seen by a doctor, physical therapist or chiropractor. The longer the gap between the accident and the initial medical evaluation and treatment the stronger the argument that the accident victim did not require treatment. Defense attorneys like to argue that because an accident victim didn't immediately go to the hospital or doctor that the plaintiff's complaints lose credibility. Experienced Maryland personal injury attorneys should know that, in many cases, symptoms such as pain and stiffness do not manifest until a few days after the accident. Once an initial evaluation is done, gaps between treatment can be damaging to a personal injury claim. Most treatment plans follow a schedule prescribed by a medical professional designed to reach optimal recovery. Deviation from the treatment plan should be avoided. A defense attorney, who is presented with gaps ranging from a week to a month between treatment dates, has a very strong argument against the plaintiff's claims.

  10. Fair and Reasonable - This is a term based off of community standards. This argument is often used when an injury victim double treats with two chiropractors and neither of the chiropractors knows. Defense attorneys will argue that an injury victim over treated and that the length of treatment was too long. In some cases, an injury victim may get MRI's of parts of the body that weren't injured in the accident. Sometimes healthcare providers over charge or over treat. When this unfair practice occurs the healthcare provider actually comes under attack and those bills may be nullified by the court's determination. The basic rule to follow in order to avoid this defense is to treat until your injuries are resolved.

  11. Poor Witness - The insurance company will often contend the accident case is worthless because the plaintiff does not present well, or is a poor witness. In these instances the carrier must be pressed to give the exact reason for this contention. Often adequate trial preparation can overcome this issue. Further, the issue may be raised due to prejudice or language barriers. Some adjusters hear a foreign accent, whether Spanish, Chinese, Korean or Vietnamese, and immediately offer less. At Portner & Shure we have experience in Maryland courts litigating cases including Spanish, Korean, Chinese and Vietnamese speaking accident victims. Our Verdicts have never suffered because one of our plaintiffs is non-English speaking.


 


Howard County Automobile Accident Attorney

If you are involved in an automobile accident in Howard County, you need access to an attorney who knows the local courts and has considerable past personal injury experience. You need to be assured that when you hire your Howard County personal injury law firm, you are in competent, experienced and qualified hands. In your search for the right Howard County accident attorney, your research will have been a success if you call attorney, Jon Portner, Richard Shure, Kevin Ruby or Nick Parr at Portner & Shure.



The auto accident Team at Portner & Shure understands that the best auto accident case results aren't just earned in the courtroom. In order to succeed, a proper investigation must be conducted in the early stages of the process including a thorough case review and discovery. Our personal injury legal team has a desire to win and does not back down to the Howard County insurance defense attorneys, unlike some other personal injury law firms in Howard County. We prepare extensively for automobile accident cases and treat these cases with the utmost importance. A strong desire to win and exceptional preparation have enabled us to obtain an excellent track record in the Howard County District Court and the Howard County Circuit Court.


Our reputation in Howard County places us at or near the top among our peers in both settling and trying auto accident cases. A respectable personal injury litigation firm must excel at both. Combined Mr. Portner and Mr. Shure have negotiated and/or tried thousands of automobile accident cases throughout Maryland. Mr. Portner has considerable experience and a proven track record in Howard County District and Circuit Court.


In an attempt to be the best automobile accident attorneys in Howard County, the personal injury team at Portner & Shure constantly works to improve their knowledge in the personal injury arena and educates others. In this regard, Mr. Portner and Mr. Parr have researched and written numerous blogs concerning case values, tendencies of insurance companies, jurisdictional analysis, and litigation strategy.


The passion of that our automobile accident trial team displays in and out of the courtroom, as well as our advocacy experience and belief in our clients, has enabled us to convince judges, juries, and even insurance companies' attorneys to see the case from our prospective. Call Portner & Shure for your Howard County automobile accident representation, and experience our winning team's passion, experience and talent. Portner & Shure handles Howard County automobile accident cases throughout the county including, Columbia, Ellicott City, Clarksville, Fulton, Laurel, Glenelg, Jessup, and Sykesville.


Wednesday, October 5, 2011

What Is the Difference in Maryland Between a Survival and a Wrongful Death Action?

When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Maryland wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Maryland personal injury lawyer can also bring what is called a survival action on behalf of the victim's estate. A survival action claims recovery for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death.



In a wrongful death action in Maryland, the amount immediate family members can recover is determined by the emotional and financial harm they experienced as a result of their loss. In a wrongful death case the estate of the decedent is not involved and the family members of the victim are acting entirely on their own behalf. In a survival action in Maryland, the amount the decedent's estate can recover is determined by the harm to the actual victim. The representative of the estate brings the lawsuit on behalf of the decedent.


The Maryland personal injury attorneys and Maryland wrongful death lawyers at Portner & Shure are experienced in handling these types of lawsuits. Our attorneys balance professionalism, aggressiveness and compassion when we represent client's who have lost a loved one.


Monday, May 9, 2011

Family Settles for $1.1 Million in Motorcycle Crash Death

On May 25, 2010, Maryland native Harry Singleton was killed while riding his Harley-Davidson just outside of Salisbury on the Eastern Shore. The accident occurred when a truck owned by Pennsylvania based Continental Laundry Systems stopped at a stop sign and then proceeded through the intersection without seeing the motorcyclist. Witnesses were able to help establish who was at fault and recount details of the motorcycle/truck accident.


Originally, the lawyers representing the deceased and his family demanded $2.2 for economic and non-economic damages from Continental Laundry's insurer. These damages did not include a claim for pain and suffering because evidence showed the motorcyclist was killed on impact. Ultimately, the case settled without having to go to court. If the case had to be taken to court lawyers would have filed a wrongful death claim on behalf of the deceased's family.


Several factors may have helped both sides reach a settlement without having to go to court such as the presence of multiple witnesses, a perfect bill of health for the deceased prior to the accident, decreased demand and surviving family members, including a wife, son and daughter, and four grandchildren.



91 -Year-Old Anne Arundel County Man Killed in Scooter Crash

Baltimore and the surrounding area seems to have no regard for crosswalks. Maybe the color needs to be changed from white to bright red. Recently the Baltimore Metropolitan Area has suffered a rash of pedestrian, bicyclists and motorcyclists accidents. Three students have been injured at or near the Johns Hopkins campus, most notably a bicyclists who probably will never regain the majority of his cognitive functions. The family of that young man has filed a $10 million lawsuit. The biker was in a bike lane. It is unclear whether the two students struck this weekend were in a crosswalk. What is clear is that the man killed in Brooklyn Park last week was within a clearly marked crosswalk.



If a pedestrian suffers injuries or is killed because they are struck by a vehicle, their recovery for resulting injuries may depend on whether they were crossing in a crosswalk, especially if a crosswalk exists at the scene of the accident. Maryland law regarding pedestrians requires that a person crossing where there is a clearly marked crosswalk must cross within that crosswalk. If the pedestrian fails to do so, their claim may be unsuccessful because of contributory negligence, which is a common defense to tort claims in Maryland.


This elderly man, who was riding a mobility scooter, crossed completely within the crosswalk. Through no fault of his own, the man was struck by a Toyota Tundra and was pronounced dead after being taken to Maryland Shock Trauma. As a result of his death, the deceased man's family may have a wrongful death lawsuit against the driver.


Wednesday, April 13, 2011

Mother Sues Baltimore City and Police Officer for $40-million

Cavalier and reckless police officers pose a serious threat to the safety of citizens. Simply because a person possesses a badge and a gun does not give that person the right to place citizens in danger for no reason. When a police officer is reckless the consequences can be disastrous. Last year a twenty-seven year old motorcyclist was killed during a high-speed police chase. Wednesday the mother of the motorcyclist filed a $40-million lawsuit against Baltimore City and the officer who struck her son. The lawsuit alleges that the police officer ignored orders and lied about how the crash occurred. I live in Baltimore City and appreciate the police officers and understand that their job is both indispensable and dangerous. With that being said I cannot overlook what I have witnessed with my own eyes. Some police officers think they are above the law, impervious to the rules and regulations that all of us must follow. Of course police officers are placed in situations where they must engage in activities that are otherwise prohibited. When confronted with extraordinary circumstances police officers still must follow specific codes of conduct. Further, when a police officer is not engaged in some type of pursuit or off duty placing others in danger is unacceptable.



In this case, Baltimore Officer Timothy Everett Beall was "told to end the chase" and that he acknowledged that command turning "off his lights and siren". Despite this command the officer continued to follow the motorcyclist onto an interstate 695 exit ramp. He proceeded to ram into the back of the motorcycle while distracted by his telephone and radio communications. Beall told investigators that the motorcyclist "crashed out in front of him" and that the police cruiser never collided with the bike. Maryland State Police Sgt. John McGee concluded that the officer's account of the collision could not have occurred in that manner because it would defy the laws of physics. Now the deceased mother hired William H. "Billy" Murphy Jr. and filed, among others, a wrongful death claim asserting that the death of her son was not caused by any reckless conduct on his part but was caused solely by the negligent actions of the officer.


On a less tragic and more personal note, I have observed a few Baltimore City and Maryland State Police Officers acting as if they are above the law. While traveling down Eastern Avenue, a car stopped in front of me and began making a u-turn across a double yellow line. I honked my horn (this was apparently an egregious act on my part as if horns were not meant to be used like a sofa with a plastic cover, actually I think if a horn is used correctly it can contribute to highway safety but that is a topic for another day). The driver proceeded to stop his car sideways in the middle of Eastern Avenue, blocking traffic, and pointed to a police shirt he had hanging in the back seat. He looked at me as if to say, "see this buddy...I do what I want". That was not the reaction he got from me. He then got out of his car, pulled out his badge and showed it to me. I told him I didn't care and that what he did was illegal. He then proceeded to tell me that technically what he did was legal because there was a break in the line. All I can tell you is that if an everyday citizen did what he did that person would be pulled over and given a ticket. This next anecdote is trivial but I am on a role; I went to the gym yesterday and it was packed. As I was looking for a parking spot I noticed a State Trooper cruiser parked in a spot where it clearly said "Do Not Park". In the words of CC, Key, TJ, Coach, and Boomer, Come On Man!


Thursday, March 3, 2011

Motorcyclist Killed in Parking Lot Crash in Howard County

motorcycle.jpgThis past Tuesday a motorcyclist was killed when he struck the back of a pickup truck in Jessup in Howard County. Police believe that a mechanical malfunction might have caused the motorcyclist to lose control. The motorcyclist hit a curb and then the truck in the parking lot of Frank's Seafood in Jessup, Maryland. The motorcycle involved was a KTM SMR 525 Enduro. The motorcyclist was pronounced dead at the scene. The driver of the pickup truck was not injured. The motorcyclist was, unfortunately, not wearing his helmet. If the accident did occur as a result of a mechanical defect then the motorcyclist's estate can recover damages under a strict liability theory and the motorcyclist's family would have an extremely strong wrongful death claim. However, a strong argument could be made against a wrongful death claim because not wearing a helmet is intervening negligence. Damages recovered in either suit would be limited because the motorcyclist had a duty to mitigate damages by wearing a helmet as required by Maryland law. Also, under a theory of strict liability the negligent party is only responsible for foreseeable damages. A motorcyclist's failure to wear a helmet is not foreseeable. With all this being said motorcyclists are extremely vulnerable to injury or even death as a result of an accident. If you or someone you know was injured in a motorcycle accident contact Portner & Shure's Maryland motorcycle accident lawyers.



Saturday, May 22, 2010

Motorcycle Accident Leads to Serious Injuries

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes since the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.


Earlier this month, a Hagerstown motorcyclist was seriously injured as the result of a collision between his bike and a Volkswagen Jetta while on US Route 40 in Frederick County, Maryland. The motorcyclist said that the driver of the Jetta pulled out in front of him. When the Jetta pulled out, the motorcyclist struck the driver side door causing his bike to overturn. The operator of the motorcycle was transported to R Adams Crowley Trauma Center in Baltimore after suffering head and leg injuries.


The accident is still under investigation. An accident re-constructionist can be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could help investigators to determine if the driver of Jetta failed to yield to the right of way.


If you, a family member, or someone you know has been involved in a motorcycle accident and would like a free legal consultation, or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland and Virginia accident attorneys are available to speak with you.



Thursday, April 8, 2010

Motorcycle Accidents Are Among the Deadliest Forms of Accidents in the Nation

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes has the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.


On the morning on April 5, 2010, the driver of a motorcycle attempted to make a left-hand turn near the intersection of Route 75 and New Market Road in New Market, Maryland. At the same time the driver of a Mercedes was driving straight through the intersection. The operator of the motorcycle failed to yield to the right of way and struck the Mercedes. As a result of the collision the motorcycle driver suffered severe head injuries and was pronounced dead at the scene. The driver of the Mercedes suffered only minor cuts.



It is imperative that all the rules of the road are followed in order to prevent tragic accidents such as this. Traffic control devices are in place to help maintain the flow of traffic in an orderly fashion. Stop signs and traffic signals should always be given proper attention.


If you, a family member, or someone you know was involved in a car or motorcycle accident wherein a party failed to yield to the right of way or if you would like more information on motor vehicle accidents, please contact Portner & Shure for a free legal consultation with our Maryland accident lawyers.


Tuesday, April 6, 2010

Teen Killed in Motorcycle Accident: Wear a Helmet!

Motorcycle drivers are involved in many of the most deadly and serious accidents in the nation. In the state of Maryland a driver of a motorcycle must possess a special class drivers license. In addition, motorcycle drivers are also held to the same standards as any other driver on the road. However, due to the obvious exposure that the motorcycle provides its driver, the risk of injuries while driving is much greater and both state and national accident statistics continue to prove this point. In Maryland all operators of motorcycles are required to wear a helmet and protective eye wear.



Recently a Lexington Park teenager was killed after his motorcycle crashed into a tree in Calvert County, Maryland. The teenager was operating a Yamaha YZ80, which is considered a type of motorcycle based on the Maryland definition. He was driving off road when he approached a hill and lost control of his bike and crashed. The responding police indicated that the teen was ejected from the bike before the bike came to rest on top of him.


Authorities immediately noted that the teen was not wearing any of the regulated safety gear as mandated by the State of Maryland. The teenager was transported to a local hospital where is was pronounced dead later that same night. No one will know if this teenager would have survived if he had been using a helmet. However, national statistics, as well as our injury law firms past accident cases, reveal that the survival rate goes up exponentially for those who wear a helmet.


If you or someone you know has been involved in a motorcycle accident or if you would like more information on car accident, please contact Portner & Shure for a free consultation.


Friday, December 4, 2009

Motorcycle Accident Expert, Harry Hurt,Dies at 81

On December 2, 2009, Harry Hurt one of the world's foremost authorities on motorcycle crashes and cause, passed away. Hurt was the principal investigator of The Hurt Report, an in depth investigation of 900 motorcycle accidents in Los Angeles from 1976 to 1977. His groundbreaking research credited with saving countless lives, was published in 1981.


In 1975, The National Highway Traffic Safety Center, asked Hurt to develop an accident investigation methodology that would determine the causes of motorcycle crashes and injuries. The study concluded that speed was not a factor in most crashes; that helmets were very effective in preventing brain injuries and deaths; and that two-thirds of motorcycle crashes involved cars and two-thirds of those accidents occurred when a car driver failed to see the motorcycle and violated the cyclist's right-of-way.


If you, a family member, or someone you know has been injured in a motorcycle accident or you would like more information on motorcycle accidents, please contact Portner & Shure