Litigation News August 2015

            Portner & Shure recently won $20,735 for a client injured in a Maryland car accident in Montgomery County.  Our client was hit at a red light and there was a dispute as to whether a lane change caused the crash.  We had an independent witness to the accident, yet the Defendant’s insurance carrier denied liability and never made a settlement offer.  Our client’s total medical costs were just over $6000.  Counsel for the Defendant refused to concede liability and just proceed on the damages only at trial.  The Court found the Defendant liable.  Our trial attorney in this case was Kevin Ruby. 

Automated Cars: Cool Technology, but Who is Liable in a Car Accident?

          As cars become more technologically advanced, more and more questions arise in terms of accidents, liability, and safety on roadways.  Many new cars, trucks, and SUVs today come equipped with self-parking and braking capabilities.  Furthermore, several car manufacturers have built and are testing self-driving vehicles.  For example, Google-made cars have already taken the roads, as well as the first tractor-trailer approved to drive itself on Nevada highways that was created by Freightliner and Daimler. 

But, how safe are these automated cars and will they actually reduce the number of accidents?  The National Highway Traffic Safety Administration (NHTSA) seems to think so and strongly supports the new technology.  Tens of thousands of Americans die every year as a result of traffic accidents and over 2 million more people are injured.  The NHTSA believes that by reducing the role humans play in driving cars, accidents will greatly be reduced.  However, just because vehicles can operate on their own does not mean that an experienced driver will no longer be needed behind the wheel.  The best example used to refute that myth is an airplane pilot.  Airplanes are filled with technology that practically let them fly by themselves (i.e. autopilot), but pilots have some of the most extensive training and experience that allow them to be able to operate a plane in the event autopilot fails.  While most of the time technology works perfectly, it is far from perfect.

The biggest problems that we will face when most cars on the roads are automated will be driver engagement and who is liable in the event of an accident.  If the car is able to perform all aspects of driving on its own, why would the “driver” need to remain engaged with the road and the surroundings?  Distracted driving with texting and cell phone use will become even more rampant than today because people will not be required to actually “drive” and operate their vehicles.  To combat this potential problem, some car manufacturers such as Mercedes-Benz and Tesla have special sensors that force a “driver” to prove they are engaged with the car every so often.

As to the other problem of liability in this new world of self-driving cars, will car manufacturers start being held liable instead of the “drivers?”  While the number of human-caused accidents will likely decrease, the number of accidents caused by system errors will likely increase.  If an accident is caused because of a technological error in the car, can the car manufacturer be held liable in a personal injury suit?  That question remains to be seen.  It is certainly very interesting to think about and we will see what happens in the future as more and more self-driving vehicles are allowed on the roads.

If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Silver Spring 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.

Fatal Accident on ICC Near Gaithersburg, First Since 2011

          Last week, a Montgomery County dump truck hauling gravel skidded out of control across the eastbound lanes of the Intercounty Connector (ICC Route 200) and overturned along the median.  A second vehicle was also involved in the crash, but the driver only suffered minor injuries.  Unfortunately, the truck driver lost his life in the crash after being pinned underneath the truck.  He had been a county employee with the Montgomery County Department of Transportation for over 15 years.  The horrific accident scene shows gravel spilled all over the westbound lanes of the ICC and the truck completely smashed and crushed into the median guardrail.  The cause of the accident is unknown at this time and police continue to investigate why and how the truck lost control.

            Maryland Transportation Authority officials say this is the first fatal accident on the ICC since November 2011 when the highway first opened.  The lack of deadly accidents can probably be attributed to the fact that it is a toll road and very few vehicles use the road.  Therefore, with very little traffic, the risk of accidents is much lower than on major highways and roadways.

            Trucks are always at a higher risk of having accidents that result in catastrophic damage and injuries because of their power and large size.  Large trucks, including dump trucks like the one involved in this accident, have extreme difficulty stopping suddenly and have large blind spots which make it tough for truck drivers to see other vehicles around them.  One possible cause of this accident is that the second vehicle was driving next to the dump truck in the truck driver’s blind spot, and the truck driver all of sudden sees the car next to him and starts to lose control of the truck as he tries to steer away from the car he thinks he is about to hit.  Another major cause of truck-involved accidents is distracted driving (i.e. texting while driving, talking on a cell phone while driving, playing with the radio while driving, or adjusting the navigation system while driving). 

            Remember, if you are injured in a car, truck, or motorcycle accident, you should always remain calm and seek medical treatment as soon as possible for your injuries.  In addition, you should never admit liability, even if you are the one who caused the accident.

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

Seatbelt Safety: Fatal 3-Car Accident in Columbia, Maryland

         Wednesday afternoon, a three-car accident occurred on Cedar Lane, just north of Harriett Tubman Lane.  Howard County police said a Jeep Liberty crossed into oncoming traffic on Cedar Lane and hit a Toyota Tacoma.  Then in a chain reaction, the Toyota was hit by a Mazda 3 sedan.  The driver of the Jeep tragically lost his life in the accident as he was ejected from the car as a result of not wearing his seatbelt.  The driver of the Jeep, Ethan Kirshenbaum, was a third-year law student at the University of Baltimore and about to graduate next month.

            The drivers and passengers in the two other cars involved in the crash were either treated at the scene or at the hospital, and all are in stable condition.  All of the people in the two other cars were wearing their seatbelt.

            Just this week, two people have died in car accidents in Maryland and Virginia because they were not wearing a seatbelt.  One of the easiest safety mechanisms to use in a car, the seatbelt could have saved two lives.  Use of a seatbelt in a car is also required by law in all fifty states.  Nationally, just under 90% of people wear a seatbelt in the car.  According to the National Highway Traffic Safety Administration, wearing a seatbelt can reduce the risk of serious injury and death in a car accident by half.  In 2012, about 55% of teens aged 13-20 that died in car crashes were not wearing a seatbelt.  In addition, those aged between 18 and 34 are less likely to wear a seatbelt than those over 35.  The best thing to do in order to increase seat belt use is for police to get stricter with enforcing seat belt laws.

If you or a family member has been injured or killed in an accident caused by the negligence or fault of another driver 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 in Columbia or throughout Maryland or visit us online at http://www.portnerandshure.com/Auto-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/

Terrible Traffic Congestion on I-95 in Baltimore to Last 8 Months

Construction on I-95 from Caton Avenue to the Fort McHenry Tunnel will begin March 29 and last until Thanksgiving.  Over the 8 month period, drivers should expect very heavy traffic congestion with several lane shifts and lane closures.  Last year, the same construction project led to “13 shifts in traffic patterns” and “caused major headaches for commuters.”  Maryland Transportation Authority (MdTA) officials are warning that “this year will be far worse—with 29 such shifts scheduled.”  Officials expect the problems to be so severe that MdTA officials asked employers “to allow workers to change their hours to avoid peak travel periods, which are from 7 a.m. to 9 a.m. and from 4 p.m. to 7 p.m.”

With these new traffic patterns coming, including numerous lane shifts and closures, drivers must be even more cautious and aware of where they are going in order to avoid accidents.  The construction project 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.  Last year, several drivers were confused by the new traffic patterns and a multitude of accidents and massive traffic jams ensued.  Drivers who use I-95 for their commute everyday will remember last August when new traffic patterns arose and the electronic message boards told drivers the incorrect instructions about how to proceed.  That problem led to what some called “the worst I’ve seen it due to road construction.”

To help drivers through this difficult period, the MdTA will post updates to traffic patterns on Twitter with the hashtag #i95bmore and messages will be posted on the electronic message boards.

Two of those 29 traffic pattern shifts will begin one week from March 29, and MdTA officials expect it to have “particularly large effects on traffic.”  On the Northbound side, “lanes are to be split—three to the left and one to the right—from Hanover Street to Key Highway.”  Therefore, all drivers who need to exit onto any of those streets must be in the far right lane.  On the Southbound side, “lanes will be split—two to the left and two to the right—from Key Highway to south of the I-395 on-ramp.”  And again, if you must exit onto one of those streets, you must be in the far right lane.

While this will be a frustrating time for many drivers trying to get to and from work, everyone needs to remain calm and drive safely so as not to put other drivers at risk or construction workers at risk.

If you or someone you love has been injured in a car accident or has died as a result of their injury suffered in a Maryland crash, 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/