Passenger in An Automobile Accident: Who Pays for Your Damages?

Four vehicle crash kills man on Ordance Road in Anne Arundel County, Maryland. On December 9, 2010, William Gruber was travelling East on Ordance Road in Anne Arundel County, Maryland, when he slammed into the rear of a Monte Carlo causing a multi-vehicle chain reaction. Mr. Gruber's vehicle then spun out of control and across the roadway into the westbound traffic striking another vehicle. Mr. Gruber was pinned in his vehicle and pronounced dead at the scene by county firefighters. Preliminary investigation indicates that Gruber may have been under the influence of a controlled dangerous substance. Gruber's passenger, Donte Edward Taylor suffered serious injuries and was taken to Maryland Shock Trauma Center where he remains in serious condition. The State Highway Administration reports that this is the second fatal crash on that stretch of road in less than two years. While traffic can be heavy through that area it depends on the time of day. Lt. John McAndrew, an officer with the county olice department's traffic division said Ordance Road isn't a particularly dangerous road.

In the event that you are a passenger in a vehicle that is at fault for a collision, it is important to understand what rights may exist. Passengers in vehicles that are involved in car accidents can generally obtain a recovery from one of the vehicles involved. At times, this places the passenger in the uncomfortable situation of suing his own friend or relative, who was driving, for personal injuries. In most personal injury cases, this means going against that persons insurance carrier, not them personally. The distinction means that the passenger's bodily injury claim does not usually affect their friends or family members assets. It is important to understand that because the passenger may have a claim against the driver of the car he was in, he needs to be represented in all instances by a different attorney. At this time the police are still investigating the above motor vehicle accident. Once their investigation is complete, the State Highway Administration will conduct their own investigation into the crash. In the meantime, the passenger should obtain his own attorney, one different from the drivers.

If you, a family member, or someone you know has been involved in a car accident or you were a passenger in a motor vehicle involved in an automobile accident or would like more information on automobile accidents, please visit us on the web at www.portnerandshure.com, our Maryland car accident lawyers can provide a free legal consultation.

Accident in Maryland, Virginia, or Washington, D.C., Can You See an Acupuncturist?

Many of our Korean and Chinese speaking automobile accident clients prefer a doctor who speaks their native language. Many of these same personal injury clients prefer an acupuncture doctor over a chiropractor or an orthopaedist. The questions presented are what is appropriate medical care, and what is appropriate care in an accident case in Maryland, Virginia, or the District of Columbia.

Assuming the injury was not a bulging or herniated disc, our personal injury clients have treated with acupuncturists and have at the same time obtained great physical results from them, as well as great monetary results from insurance companies. Obtaining medical treatment from acupuncturists is a common occurrence in the Chinese community throughout Rockville, Silver Spring, and Gaithersburg, Maryland.

The world health organization recognizes acupuncture and traditional Chinese medicine to treat automobile accident injuries, including neck, back, shoulder, and knee injuries. Acupuncture itself is more than three thousand years old and works through the distribution of meridians. The meridians are passages through which blood is circulated. Needling the acupuncture points unblocks obstructions at the meridians and re-established blood flow and corrects imbalances. It is believed that needling stimulates the nervous system to release chemicals in the muscles, spinal cord and brain. In turn, the chemicals alter the pain experience or trigger the release of other chemicals which influence the bodies own internal regulating system. The improved biochemical balance results in stimulation of the bodies natural healing abilities.

Acupuncture treatment in Maryland, Virginia, and Washington, D.C., in all automobile accident cases should be prescribed by a medical doctor. Statutes in these jurisdictions are unclear as to whether a liability insurance carrier must pay for this treatment otherwise. Courts will allow the treatment for automobile accident injuries, but with no objection by the insurance carrier, if there is a prescription. Further, PIP and Med-Pay carriers will pay for Acupuncture without any hesitation in cases where its recommended by a medical doctor.

Acupuncturists can not prescribe medication. Often this care is done in conjunction with a medical doctor who can prescribe pain medication and muscle relaxers. Seeing a medical doctor as well as an acupuncturist is often a great combination.

Our personal injury law firm has tried in court and settled thousands of cases where automobile accident victims have used Chinese speaking Acupuncturists. In each case we have found that is the bills and treatment were reasonable and necessary, well documented and prescribed, than the treatment was paid for along with pain and suffering damages.

If you have been involved in an automobile 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 or visit us on the web at www.portnerandshure.com

Rear-end Collision in Montgomery County, Rockville, Maryland: Can You Prove Fault?

A Korean gentleman called our personal injury hotline this weekend and relayed the following facts, through one of our Korean auto accident interpreters. He stated he slowed and nearly stopped at a yellow light because the car stopped in front of him. The car drove away, and he was then hit twice from behind. He indicated that he believed he could not be at fault since he was rear-ended, wanted to make an injury claim, but was concerned since he was given a ticket at the scene. See a problem?

The Korean gentleman was alone in the car at the time of the accident. When the police came the two cars that hit him stated he stopped for no reason. The police did not call for a Korean interpreter. Korean interpreters are available through the operator. However, the police certainly don't have as many interpreters on staff who speak Korean as they do Spanish. Therefore, the call was not easy, and was not made. Further, the Korean gentleman was alone at the time of the car accident and he failed to call or get someone to the scene who spoke English. With no witness, and no ability to explain himself, he received a ticket for the accident solely because he spoke Korean and no English. Clearing the matter up later will prove futile. The accident claim was lost at that moment.

Obviously, if you don't speak English you need to be prepared for this type of situation. Spanish interpreters are readily available in accident situations. However, we have seen this same situation repeat itself countless times in situations where our Chinese speaking clients have been involved in motor vehicle accidents where they sustain injuries throughout Maryland and Virginia.

If you have been involved in an automobile 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 or visit us on the web at www.portnerandshure.com. Further, if you need an interpreter who speaks Spanish, Chinese or Korean at the scene of an automobile accident, you may call our firm in Maryland at 301-854-9000 or 410-995-1515 and in Virginia at 703-916-1227.

6-year Old Student Dies After Jumping from Bus in Baltimore County, MD

Who should be responsible for the death of a 6-year old who jumps from a moving bus?  On Thursday, December 13, 2010, at approximately 3:00 p.m. a 6-year old special needs student was being transported from  the Villa Marie School in Timonium to his home in Baltimore City when a fight ensued between the 6-year old and another student. 

According to authorities, an aide attempted to break up the fight between the two students, when the 6-year old ran toward the back of the bus and jumped out.  The child was transported to Johns Hopkins in grave condition and succumbed to his injuries early Friday morning.



The 6-year old attended a non-public school in Baltimore County and was traveling on a bus contracted by City Schools to transport the student.  While authorities continue to investigate this tragic accident, questions remain unanswered for the family of this 6-year old. 

How do you compensate parents for this type of loss?  Special needs means just that and what was in place to prevent this unfortunate accident from happening?  How could a 6-year old just jump off the back of a moving bus?  These parents need answers and where should they look to get these answers?  They should contact a Maryland Personal Injury Attorney who is familiar with the laws in Baltimore County where this accident occurred.     

If you, a family member or someone you know has been involved in a bus accident or car accident or you need more information on bus or car accidents, please visit us on the web at http://www.portnerandshure.com or contact one of our Maryland Personal Injury Lawyers for a free consultation.

Carroll County Bicyclist Killed When Struck by Tractor Trailer

On Tuesday, August 24, 2010, Arthur John Martin, Jr., 51, a retired police officer, was riding his bicycle on Maryland 75 in Carroll County when he was struck by a tractor trailer.  The tractor trailer driver, Anthony Edward Woodie, 37, was operating his 1985 Peterbuilt on Shepherds Mill Road and was turning right on Maryland 75 when he failed to yield the right of way and struck Mr. Martin.  It was reported that Mr. Martin was thrown from his bicycle and then struck by the tractor-trailer.  He was pronounced dead at the scene.



The Maryland State Police crash team are still investigating this accident and charges are currently pending against the tractor trailer driver.  There is no evidence to suggest that alcohol or speed contributed to this accident. This is yet another example of why the question keeps being raised, "Whether motorists should share the roads with bicyclists?"  Clearly, a 25-pound bicycle is no match for a 10,000-pound truck.  Bicyclists should be lobbying for designated bike lanes for bicycle safety.  Recently, advocates for the League of American Bicyclists were at the Capitol expressing their excitement over the bike lane extending between the Capitol and the White House.  If they can have them in Washington, D.C., why not everywhere?

If you, a family member, or someone you know has been involved in a bicycle accident, truck accident or automobile accident, please contact one of our Maryland Accident Lawyers for a free consultation or visit us on the web at http://www.portnerandshure.com.

Harford County Bicyclist Driving Under the Influence

If a motorist is riding his vehicle on the public highways under the influence of alcohol and causes an accident, should he be arrested for  "driving under the influence"?  Should these same laws apply to an individual riding his bicycle on the public highways?  If motorists  are forced to share the roads with bicycles, then perhaps they should be held accountable for obeying the laws of the highways and the same penalties and consequences should apply.

In a recent Harford County accident, a 33 year old man was leaving a bar in Bel Air on his bicycle on Thursday, August 12, 2010, when he ran into a motor vehicle.  The bicyclist, Matthew Parker was flown to Maryland Shock Trauma for head injuries.  The injuries appeared not to be life-threatening.    

According to Bel Air Police Chief, Leo Matrangola, they suspect Mr. Parker was riding his bicycle under the influence of alcohol and charges are currently pending.  The question especially arises when the intoxicated bicyclist causes an injury to someone other than himself.  Bicyclists currently advocate for laws that provide safety for themselves.  However, due to their increasing numbers we should not ignore certain safety issues that now arise for the automobile driver.  Perhaps a law change should only apply to a bicyclist who causes an accident that leads to an injury of the automobile driver.

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please contact Portner & Shure for a free consultation with one of our Maryland personal injury lawyers.

Anne Arundel County Accident Injures 3 and Driver Dies

A family was resting on a bench from a bicycle ride on Sunday, August 8, 2010, when a car crashed into them near Russett Green West and Ridgemoor Drive in Laurel, Maryland in Anne Arundel County. The couple was sitting on the bench with their two twin boys when a car struck a light pole and then continued on to strike the bench where they were sitting.

The operator of the vehicle, 63 year old, Ms. Ramota Oluyemisi Koletowo was rushed to the hospital where she later died.  The 36 year old man was flown to Shock Trauma and his 38 year old wife was transported to Johns Hopkins Hospital and their 4 year old son was rushed to Johns Hopkins Pediatric with head injuries.  Their second child was not injured. Police are still investigating the crash to determine whether it was fatigue or a medical emergency that contributed to the fatal car accident as Ms. Koletowo was on her way home from working an overnight shift.



The family injured in this accident is entitled to certain benefits from the driver's insurance company, that will cover some of their medical expenses and/or lost wage claim, resulting from  this accident.  These benefits are known as Personal Injury Protection benefits.  They would also be entitled to make a claim for bodily injuries in addition to pain and suffering against the deceased driver.   However, it would need to be determined if the driver was experiencing a medical emergency and whether the driver had prior knowledge of this medical condition that could put them or others at risk.  It is important in these types of accident, that you obtain the help of an experienced  Maryland personal injury lawyer who has handled "sudden emergency defenses."        

If you, a family member or someone you know has been involved in a car accident or you need more information on car accidents or sudden emergency defenses, please contact Portner & Shure for a free consultation with one of our Maryland  personal injury lawyers.