Deck in Columbia, MD Townhome Community Collapses, Injuring 5 People

             Last night, a Columbia townhome deck collapsed with several people on it.  Five people were injured in the accident when the wooden deck completely detached from the back of the home.  Pictures of the scene show the entire deck intact with patio furniture scattered about.  The five people injured luckily did not suffer life-threatening injuries.  The cause of the collapse is still under investigation.

            

            Last month, a report was released identifying a staggering number of deck and balcony collapses since 2003.  The deadly balcony collapse in Berkeley last month triggered a closer look at this deadly phenomenon.  Approximately 6,500 people have been injured in these deck collapses nationwide since 2003, with 29 of these people dying from their injuries.  Experts say one reason for these collapses is due to the vulnerability of these structures to dry rot.  If dry rot is left untreated, these decks and balconies become weak, which then increases the risk that the structure’s support can fail and lead to a collapse.  Dry rot of wood occurs when water gets into a poorly ventilated area of the wood and is never repaired.

             

            The deck involved in this Columbia collapse is made of wood, which brings the possibility of dry rot as a cause of the accident.  Liability in this type of case could fall on the builder of the townhomes or the property management company if either party failed to regularly inspect the decks, especially if other instances of decks collapsing exist and neither party rectified the problem.

If you or someone you love has been injured in an accident caused by the negligence of another person or a failure to maintain safe premises please call us today at (301) 854-9000 to set up an appointment at one of our office locations located in Columbia or throughout the rest of Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Personal-Injury/Premises-Liability.shtml

Construction Worker Killed in Work Zone on I-95 in Prince George’s County, MD

            Early this morning, a construction worker was killed on I-95 North near the Intercounty Connector (ICC Route 200) after a tractor trailer plowed into two construction work trucks.  The work trucks hit the worker, Randy Jury, severely injuring him.  After being transported to the hospital, Jury was pronounced dead.  The tractor trailer driver suffered injuries in the crash as well, but the extent of his injuries is not known.  The exact cause of the crash is still under investigation.

            

           Deadly accidents in construction zones are a very serious problem, especially along I-95 in Maryland where several major construction projects are ongoing.  Although construction workers on the side of highways appear safe standing behind concrete barriers, sometimes it is only cones that stand between the worker and speeding vehicles.  Numerous road work signs alert drivers to be cautious and slow down when driving through construction zones.  Oftentimes, speed cameras are set up in works zones to catch drivers disobeying the speed limit, however, some drivers disregard the warnings and continue to drive fast and recklessly through these work zones.  Construction workers on the side of the highways should be able to feel safe while they do their job, and should never have to worry about watching out for cars crashing into them.  But unfortunately these types of tragic accidents happen every day. 

            

          Construction zones and work zones on highways usually bring new traffic patterns, including numerous lane shifts and closures.  Drivers must be even more cautious and aware of where they are going in order to avoid accidents involving other vehicles or construction workers.  For example, the construction project on I-95 in Baltimore will require weekly changes to traffic patterns, which will likely lead to confusion on the part of drivers as to how to exit the highway.  Stay alert, drive slow, and be safe when driving through work zones on the highway.

If you or a family member have been injured or killed in a work zone accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Employee Spotlight May 2015

           Heather Jung, our Bilingual Korean/Japanese Paralegal, has been working with injured Korean and Japanese clients at Portner & Shure for almost one year now.  Heather was born in South Korea and moved to the United States in 1998 not knowing any English.  Before coming to Portner & Shure, Heather graduated from the honors program at the University of Maryland, College Park. 

Heather has worked tirelessly during her time at Portner & Shure to help clients recover favorable settlements for their injuries and property damage.  Recently, Heather settled numerous cases with excellent results.  More importantly, in 2015, she leads the firm in obtaining the most Five Star reviews from happy satisfied clients.  Clients have noted Heather’s attention to detail, professionalism, and prompt communication throughout the difficult and lengthy claims process.  Google awards the firm with Five Star reviews and Heather deserves credit for helping the firm obtain them.

When Heather is not at work, she enjoys reading and translating, drawing, and exercising.

Seatbelt Safety: Deadly Teen Accident in Howard County

          With prom and graduation season in full swing, the worst has happened for a Howard County family: losing their 18 year old son.  Garrett Bonin of Howard High School was about to wrap up his senior year with prom one night away and graduation just weeks away.  Sadly, Garrett did not survive from a car crash Friday night as his car overturned on Old Frederick Road while driving home from a friend’s house.  Police say speed was a factor in the accident, as well as the lack of using a seatbelt.  Normally, Police in these types of single-car accidents expect alcohol to be a factor, but that was not the case here.

            There is never a good time to lose a child in an accident, but it is even more devastating when it happens so close to major life events: high school prom and high school graduation.  This tragedy might have been avoided if a seatbelt was being worn.  Drivers are constantly reminded about wearing seatbelts in the car and the life-saving benefits of using them.  Not only is it required by law, but it should be second-nature to get in the car and put your seatbelt on.  Again, we want to remind teenage drivers, as well as all other drivers on the road to use your seatbelt in the car.  There have been several accidents over the last few weeks where drivers or passengers in the car have been killed in a crash because they were not wearing their seatbelt.  Tragedies such as this one can easily be avoided with something as simple as wearing a seatbelt.  No family should have to go through losing a son, daughter, brother, or sister so close to a milestone in life just because a seatbelt was not being worn.

            For Garrett’s family and friends, this is such a devastating loss.  Garrett’s sister, Elise, plans to accept his diploma at graduation in his honor.

            Please, let’s avoid another deadly teen accident where a seatbelt is not used.  Parents, remind your teen drivers to use a seatbelt in the car.  Seatbelts can save lives.  Data from Maryland shows that around 91% of all drivers wear a seatbelt.  Compare that to only 78% in Virginia.  These statistics should be much closer to 100% because seatbelts have been proven to reduce the risk of serious injury in an accident by half.

If you or someone you love has been injured in a car, truck, or bus accident or has died as a result of their injury suffered in a Maryland crash due to the negligence or fault of another driver, please call us at (301) 854-9000 to schedule an appointment for a free case evaluation in our Columbia office or one of our other offices located throughout Maryland, or visit us online to learn more about car accidents at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml  

Ford Recalls Over Half a Million Vehicles in the U.S.

            The recall is for steering issues mainly, but there are a smaller number of issues due to complications with other parts of the affected vehicles.  The largest group of cars affected includes Ford Fusion and Lincoln MKZ sedans from model years 2013-2015, as well as 2015 Ford Edge Crossover vehicles.  This group of cars is affected by potential steering issues where gear motor attachment bolts may break due to corrosion.  If this happens, manual steering would take over and it would be very difficult to steer, especially at slower speeds.  When this happens, the risk of an accident increases substantially.  Thankfully, no accidents or injuries have been reported as a result of this specific issue.  If you have an affected vehicle, take it to your Ford or Lincoln dealer and they will replace the bolts and steering gear at no cost to you.

            Other issues are affecting 2014 model year Ford Focus, Edge, Escape, and Transit Connect vehicles, as well as 2014-2015 Ford Fiesta cars.  These vehicles have a nickel plating issue that could cause the fuel pump to seize, which means the vehicle might not start or could stall while driving.  So far, there has been one such case where this has happened to a driver.  Again, dealers will take care of this issue by replacing the fuel delivery module. 

            2015 Lincoln MKZ sedans are also affected by parking lamps being too bright for regulations and negatively affecting the vision of oncoming drivers.  Software in the vehicle contributes to this problem and dealers will fix the software to lower the intensity and brightness of the lights.  The last issue affects 2015 Ford F-150 trucks.  There is a potential that the underbody heat shield could lead to a fire.  So far, no incidents have been reported due to the bright lights or the fire hazard for trucks.

            Vehicle recalls are very serious because of the increased risk of accidents and injuries.  It is important for car owners to get these recall issues repaired as soon as possible for their own safety and the safety of others on the road.  If injury occurs as a result of the defective parts in your vehicle, you may be entitled to several legal remedies, including:

• Economic damages: you may be able to recoup lost value of the car's resale value. You may also be able to recover for loss of use of the car
• Personal injury recovery: if the defective automobile resulted in physical injuries to you, you may be able to recover for the costs associated with the injury
• Class action: If the recall has affected enough numbers of consumers, a class action lawsuit might be an available option
• Manufacturer reimbursement: Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall.

  Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses. At Portner & Shure, we have handled these cases for over twenty years for Maryland and Virginia injury victims. We have the experience and technical resources to analyze your auto accident case, answer your questions, and pursue the compensation you deserve.  Call us today to schedule an appointment at one of our many office locations for your free case evaluation at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

Maryland & Virginia Traffic Cutters Cause Accidents

          We have all done it before, we see other drivers do it all the time as well, and it frustrates everyone who is stuck sitting in traffic.  Some refer to the move as “dive-bombing” because a driver will get in an exit only lane or on the shoulder and then cut back over to get ahead of the traffic.  Cars will “dive” in and out of traffic in an aggressive, and often illegal, manner.  If a driver takes the exit only lane all the way to the end and cuts back over across double white lines, it is illegal and the driver can be ticketed.  The biggest issue with this maneuver is the safety implication.  When cars are “pulling out of heavy traffic, speeding up, and then cutting back into the lane,” the risk of an accident increases substantially.  Stop and go traffic is already dangerous enough with sudden stops and starts, but when drivers are suddenly cutting over from exit lanes or shoulders, an accident is almost guaranteed to occur.  This dangerous maneuver also creates a problem for those drivers who are actually trying to exit, but the car in front of them is blocking the lane because they tried to sneak ahead of the traffic and cannot back over.

            Commuters in Maryland and Virginia have voiced their disapproval and anger over these moves, saying it is “unsafe and unfair.”  However, there are some who are defending the maneuver as a “good move because drivers are spreading out and using all available asphalt.  Traffic engineers argue that it is effective for drivers to use all parts of the roadway in terms of alleviating traffic.  As a result, highway officials are allowing drivers onto the shoulders during peak travel times to “expand” the highway without physically making any changes to the road.  For example, Maryland started opening up the shoulders on route 29 to bus traffic at peak travel periods, and Virginia did the same move on I-66 inside the Capital Beltway.  Green arrows will illuminate over the shoulders when it is legal to drive on them.  The use of shoulders on the inner loop of I-66 will be coming later this spring.  In addition, areas of I-95 in Maryland and I-66 in Virginia are increasing the length of merge lanes to help with traffic, but as a result, these lanes will have a more drastic cut off for drivers to get over.

            While there will always be drivers throughout Maryland and Virginia that use this maneuver to get ahead in heavy traffic, other drivers should be reminded to be extra cautious when driving in traffic.  Not only do drivers need to watch for sudden stops by cars ahead of them, they also need to be on the lookout for cars to their left and right who might look like they are exiting, but will suddenly cut in front of them.

If you or a family member has been injured or killed in an accident caused by a traffic cutter in Maryland and would like to consult an experienced personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

 

 

April 2015 Case Result

Recently, Portner & Shure recovered $115,000 for its client in a workers’ compensation case.  Our client was working on a jobsite when another person operating a skit steer used for paving backed up into his right leg.  The machine ran over our client’s foot and leg, eventually leading to an amputation below the knee of the right leg.  The accident occurred in Gaithersburg, Maryland, but our client’s employer was a Virginia company.  After extensive negotiations and several medical examinations being conducted, our attorneys were able to settle the case for $115,000.

Deadly Accident on I-695 in Baltimore County

           An Arnold woman was driving with one other passenger on the outerloop of I-695 last night when her Hyundai Elantra left the roadway on the right shoulder near the Baltimore National Pike exit just past I-70.  The driver crashed in to a parked State Highway CHART vehicle that was on the side of the highway helping a driver who had run out of gas.  Sadly, the passenger in the Hyundai died as a result of the crash and the driver was seriously injured.  Luckily, no other cars or people were injured in the accident.  Police officers closed the outerloop for several hours last night while they investigated the cause of the accident.  Weather was not a factor in the crash, but police continue to investigate why the Hyundai ran off the road.

            This accident is just another reminder of the dangers that can occur on the side of the road on highways.  Drivers can easily lose control of their vehicles and run off the road.  When that happens, anyone who is pulled over on the side of the road is in danger of being hit.  If you remain in your vehicle, you are protected much better than if you are standing outside of your vehicle.  Cars on a highway like I-695 are driving at speeds up to 80mph, and if any one of those drivers loses control of their vehicle, a person on the side of the road could easily be killed.  Many people think they are safe and out of harm’s way because they are on the side of the road, but these people would be wrong.  In fact, people on the side of the road are in more danger than drivers still on the highway, especially if they are outside their vehicle changing a tire or performing some other car maintenance.  Remember, if you are on the side of the road, use your hazard lights, pull as far away from the road as possible, and if you must be outside of your vehicle, wear bright-colored clothing that drivers can see.

If you or a family member has been injured or killed in a pedestrian accident on the side of the road and would like to consult an experienced personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Towson or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland’s Civil Suit Damages Cap Increase Will Take Effect October 1, 2015

           Late last night, the legislative session for Maryland in 2015 ended.  One of the more newsworthy bills to pass in both the Senate and House is the Local Government Tort Claims Act, which increases the civil damages cap from $200,000 to $300,000 for harmed individuals and an increase in the total amount of damages in a single lawsuit from $500,000 to $600,000.  Assuming Governor Hogan signs off on approval of the bill, this new law will take effect October 1, 2015.

            This is certainly a step in the right direction for injured victims, but still is not enough to fully compensate those suffering severe, debilitating injuries where medical costs can easily exceed one million dollars over the span of one’s life.  With a cap at $600,000, injured victims will likely not be able to afford necessary medical care for the entirety of their lives.  Prior to the official passage of the bill yesterday, Maryland Senator Bobby Zirkin made comments last week expressing his disappointment in the very small increase in the damages cap.  Senator Zirkin said, “The $300,000 limit…would not even cover the medical expenses of many individuals harmed through the negligence of a government agent such as a police officer.”

            As a Maryland personal injury law firm that has represented numerous clients in cases involving civil damages over the last twenty-five years, we are happy to see legislators recognize the need to increase the cap, but also agree with Senator Zirkin in that the increase is not enough.  Oftentimes, our injured clients have suffered catastrophic injuries and require expensive medical care and treatment for the rest of their lives.  A maximum of $600,000 in a single lawsuit will not cover these expenses.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment at one of our office locations in Columbia or throughout Maryland to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

 

Maryland Senate Considers Bill that Doubles Civil Suit Damages Cap

          Maryland’s civil suit damages cap has been a hot topic recently after Maryland’s Court of Appeals ruled that the lower court in Espina v. Jackson correctly reduced the jury’s award of $11.5 million to $400,000 ($200,000 for wrongful death and $200,000 for injuries suffered).  A new bill that would double the cap that local governments would pay to plaintiffs in civil suits ($200,000 increased to $500,000 for individual claims and $500,000 increased to $1 million for total awards from a single case).  House Bill 113, the House version of the bill, passed last month.  This week, the Senate Judicial Proceedings Committee backed the bill and it could go to a vote before this year’s session is over.

            Proponents of the bill make the same argument that Espina’s attorneys made in the Court of Appeals: “the current law is outdated and those who have been wronged by the government should receive a proper remedy.”  Those opposing the bill argue that by increasing the cap, local government budgets could be “strained” by “frivolous lawsuits.”  It is interesting to note that the current cap has been in place for 27 years without a single increase.

            Espina and her attorney testified in favor of House Bill 113 in a recent Senate Committee hearing.  When the cap was initially created in the 1980s, the purpose was to make sure cities were not being bankrupted in “suits involving civil rights.”  Today, society has changed since the 1980s, and victims of police brutality and other incidents involving state employees deserve adequate compensation and offenders need to be held more accountable for their actions.

            With the Court of Appeals’ holding coming out just weeks ago upholding Maryland’s cap on damages in civil suits, it appears more difficult for this bill or any similar bill to pass in this year’s session.  But, it will still be interesting to see what, if anything, happens with House Bill 113 or the Senate version of the bill.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment at one of our office locations throughout Maryland to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

Deadly Head-On Collision with Trash Truck in Beltsville, Maryland

         Early this morning, a Chevrolet Impala crashed head-on into a trash truck on Edmonston Road near Old Baltimore Pike.  The driver of the car and one of the passengers unfortunately did not survive from the injuries sustained, while another passenger suffered critical injuries and two others suffered non-life threatening injuries.  The truck driver also sustained critical injuries in the crash, but they are not believed to be life-threatening.

            This accident, like most accidents involving trucks, shows the terrible damage that can occur as a result of the size and power of large trucks.  Initial reports appear to show that the accident occurred as a result of the car crossing over the double yellow lines.  It is still unknown what exactly caused the driver of the car to cross over the lines into oncoming traffic and if the truck driver is at fault in any way.

Truck accidents, including those involving trash trucks, often result in devastating injuries and catastrophic damage, but truck accident cases are often complicated and require attorneys who have many years of experience representing clients injured in truck accidents.  The size and weight of trash trucks and other large commercial vehicles make them very dangerous when on the road.  Truck accidents often involve several other cars, thereby making it very important for someone involved in a truck accident to hire an experienced attorney.  Injuries resulting from truck accidents can be devastating and many times injured victims are unable to recover enough money to cover their damages. 

If you or someone you love has been injured in a trash truck accident or sustained an injury as a result of any type of truck accident in Maryland, and would like more information, please call us at (301) 854-9000 to schedule an appointment at our Greenbelt office or one of our other office locations throughout Maryland.  You can also visit us online at: http://www.portnerandshure.com/Auto-Accidents/Truck-Accidents/

Maryland Road Work Season is Upon Us and Drivers Need to be More Cautious

           As warmer weather arrives in Maryland, the State Highway Administration will ramp up numerous road work projects across the state.  Although a recent report on accident deaths in Maryland showed significant improvement in 2014 compared to 2013, fatalities in work zones actually increased.  In the last 5 years, more than 3,600 people have been injured in work zone accidents.  After the extreme weather Maryland faced, several roadways, bridges, and overpasses did not fare well.  Pot holes and faded lane markings are the biggest issues plaguing drivers right now.

            Several road work projects have begun throughout Maryland, including I-95 in Baltimore, which will continue until Thanksgiving.  With road work comes new traffic patterns.  Other major projects include the Georgia Avenue-Randolph Road intersection, sections of I-495, Rockville Pike at West Cedar Lane, and the intersection Old Georgetown Road and West Cedar Lane/Oakmont Avenue.  Maryland drivers must pay careful attention when driving through these areas because they are now unfamiliar with the new traffic patterns.  All it takes is one distraction to lead to a work zone accident that could injure or kill a construction worker.  Speed is another factor that contributes to work zone crashes, especially for smaller road work projects where workers are much closer to passing cars.  These smaller projects offer very limited protection for work crews, unlike the large-scale projects which have concrete barriers to protect work crews from passing cars.

          
            If you or someone you love has been injured or killed in a work zone accident caused by the negligence of another driver, please call us today at (301) 854-9000 to set up an appointment in Columbia or at one of our other office locations located throughout Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Personal-Injury/

Maryland Legislators Increasing Penalties for Drunk Drivers

            In February, a bill was introduced to combat aggressive drunk driving in Maryland.  Last week, Maryland’s Senate overwhelmingly passed this legislation (46-0) that would allow a victim injured in a drunk driving accident to recover punitive damages from the drunk driver.  A hearing on the bill is expected on April 1^st in Maryland’s House.  If the House passes the legislation too, the bill would then go to the Governor for final approval.

            Drunk driving accidents that result in death or serious injury occur far too often in Maryland and throughout the rest of the country.  Although strict laws are in place with harsh penalties for breaking them, it is still not enough as innocent people are killed every day by drunk driver.  Current laws certainly have not led to any decrease in the number of drunk drivers on the road in Maryland.  With this potential new law, not only would drunk drivers have to face possible jail time and/or fines, they could also be liable for paying punitive damages to injured accident victims.  Punitive damages are completely subjective and not based on any specific numbers.  They are meant to punish the defendant for his/her reckless behavior so that it does not happen again.  With current drunk driving laws in place, most offenders do not seem to be deterred from driving drunk again.  But, if they are required to pay hundreds of thousands of dollars to victims or their families, drivers might think twice about getting behind the wheel drunk again.

            Normally, in all other personal injury cases, punitive damages are rarely awarded because it must be proved that the defendant had “actual malice” or “specific intent” to harm the victim.  Obtaining punitive damages under this new drunk driving bill would be much easier and could be applied just by the fact that the defendant operated a car while intoxicated and injured another person.

            Track the progress of this bill (SB 605) as it makes its way through the House.  Here are two websites that will keep you updated on this bill:

https://legiscan.com/MD/bill/SB605/2015

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=flrvotepage&tab=subject3&id=sb0605%2cs-0404&stab=02&ys=2015RS

If you or someone you love has been injured or killed in a Maryland accident caused by a drunk driver and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml .  Portner & Shure has several conveniently located satellite offices throughout the state of Maryland for our clients to meet with some of our experienced attorneys and paralegals.

Portner & Shure March 2015 Case Result

 
           Portner & Shure attorney Kevin Ruby, with assistance from one of our senior claims paralegals, Pam Brown, recently won an award of more than $395,000 for our client’s spouse in a Maryland workers’ compensation dependency claim case.  The decedent’s wife was not working at the time of the accident and was solely dependent on her husband’s income.  Almost two years ago, on a rainy day, the decedent stepped out of his car at his place of employment and put his hood on to avoid getting wet.  Sadly, he was run over and killed by a co-worker in the parking lot. 

 

The damages awarded in this case were very complicated because there was the award determined by the Workers’ Compensation Commission (WCC) and a wrongful death claim arising from the co-worker running the decedent over with his car.  The WCC required a hearing to determine whether decedent’s wife was dependent on his income by hearing testimony from her and examining the couple’s financial records.  Ultimately, the WCC determined she was a dependent and awarded a weekly payment of $721 over a 144-month period to decedent’s spouse based on the decedent’s income before death.  However, she is only entitled to these payments up until what would have been the decedent’s 70th birthday, which is eleven years from now, or 127 months.