Johns Hopkins Bicycle Accident Leads to $10 Million Lawsuit

Recently the Baltimore area bicycling community has been united by tragedy on the campus of Johns Hopkins University. A 20 year old student at Johns Hopkins was riding his bicycle down University Parkway in Baltimore City this February when he was struck by an elderly motorist. The Johns Hopkins student is not expected to recover brain function and his family believes there is no hope for any meaningful recovery. The brain damage caused by the accident appears to be permanent. The brain injury resulted from a lack of oxygen due to the fact that the young bicyclists was pinned underneath the vehicle that struck him. The accident occurred when an 83 year-old woman made a right turn into a driveway. In addition to being run over and pinned beneath the automobile, the young man also suffered third and fourth degree burns on his face and torso along with bone fractures, cuts and bruises.

The Ellicott City family of the young man is left with the strong possibility that their son will never recover any cognitive function. On March 22^nd, the family sued the driver for $10 million dollars charging that she violated multiple traffic laws. One important detail that is essential to the ultimate outcome of the case is the fact that the injured bicyclist was riding in the bike lane. The family's lawyer says the lawsuit will serve to cover some of the astronomical medical expenses that insurance will not. The case has drawn a strong response from local bicycle advocates who, among other claims, consider the Baltimore Police Department's response inadequate. Their opinion that the response was inadequate is mainly due to the department's hesitation to charge the elderly woman.

The driver of the car was eventually charged with negligent driving and failure to yield the right-of-way to a bicyclist in a designated bike lane. In order for the woman to be charged with vehicular manslaughter, should the victim die, a finding of gross negligence is required. The State's Attorney said an investigation found no such evidence. The bicyclist's family was comfortable with the decision and has no desire to see the driver put in jail. Bicycle advocates were pleased that there was an investigation and traffic charges were filed.

If you or someone you know was injured in a bicycle accident contact the personal injury lawyers at Portner & Shure for a free consultation.

Road Workers, Construction Sites and Accidents: What Are the Rules?

Road workers throughout the United States are often struck during the course of their jobs. Additionally, they often cause other cars to strike each other because the work area is not properly designated or marked. Many of these automobile accidents often lead to tragedies. However, they can be avoided if the road workers are more familiar with, and follow safety procedures. In addition to State highway workers, companies that contract for road work are given copies of the safety rules.

A contractor was killed on Eastbound Rt. 50 when he was either deploying or retrieving traffic counting equipment. The employee was wearing reflective clothing. Safety rules require a spotter to assist the worker in these situations. No spotter was used. Further, State highway needs to be notified ahead of time before contractors begin work. They can often lend support. In this instance, they were not called. In addition, to aid drivers, and workers, the rules state the shoulder should be marked off with a tapered line of orange cones blocking off the crew's vehicle, along with a sign warning of shoulder work. Neither was done in this case.

In appears that the State Highway Administration rules for traffic work are routinely broken. As a result, serious accidents occur. If you are involved in any accident and believe it occurred due to the negligence of a highway worker call a Maryland accident attorney at Portner & Shure for a free consultation.

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!

Lawyers Refer Your Personal Injury Cases to Attorneys That Are Members of the Million Dollar Advocates Forum

Portner & Shure litigates large personal injury cases for lawyers who do not have the experience and/or resources to handle complex personal injury cases. Insurance companies now use the Colossus system when evaluating the amount they pay on claims. One factor in their equation is whether the law firm they are up against litigates cases. If your firm does not the claim will not be offered fair value.

At Portner & Shure we have injury lawyers who have litigated hundreds of jury trials and judge trials throughout most jurisdictions in Maryland and Virginia. In fact, Mr. Portner is a member of the Million Dollar Advocates Forum and Mr. Ruby has also obtained million dollar verdicts in injury cases.

If you refer a case to our firm you can remain in the case and therefore still collect a fee. Very few personal injury attorneys have the experience our lawyers have in litigating wrongful death and catastrophic injury cases. In our experience, top value is often not given until we put our larger cases in suit. Hence, if you have a serious injury case, our advice is not the settle the case prior to litigation. In fact, if you add the additional compensation you obtain after placing a case in suit, and then for adding a well known litigation firm on the file, it really makes sense to refer the large injury cases to Portner & Shure. Therefore, if you are an attorney with a serious personal injury case, call or contact our law firm.

How to Find the Best Lawyer For a Personal Injury Case in Maryland or Virginia

If you asked me ten years ago how people find the best lawyer in Maryland or Virginia for personal injury cases I may have said that a lot of folks try the yellow pages. As a result, Portner & Shure placed advertisements on many of the covers of these phone books, and even had numerous full page advertisements. We still run these ads but hardly anyone calls from them.

The truth is people now find the best lawyers for serious personal injury cases in two different ways. First, by word of mouth from prior clients of personal injury law firms. We now post testimonials of our results on our website. We do not do it to brag, but to let the public know that our injury clients are satisfied with both the service and the results. Second, people now search the internet to find the best personal injury lawyers.

When searching on the internet for a good injury lawyer review the cite. Look at the testimonials, look at the trial and settlement awards received. Next, look at the organizations the attorneys belong to. For example, Mr. Portner as a result of his advocacy skills, is a member of the Million Dollar Advocates Forum. Fewer than 1% of U.S. lawyers are members. The internet is now a fun shopping tool and, if used correctly, a helpful tool when searching for a Maryland or Virginia personal injury lawyer.

When looking at injury lawyer cites, weed out the injury lawyers that don't post trial awards. Many of these firms don't litigate cases. An injury attorney cannot be as aggressive with an insurance company if he or she doesn't ever step in the court room. Furthermore, the insurance companies use the internet too. If you can figure out that an injury lawyer rarely or never goes to court, they certainly can. The carriers all keep track now of the tendencies of Maryland and Virginia personal injury attorneys.

Maryland Legal Blog Listing

Legal Blogs are used by the attorneys at Portner & Shure to update clients and prospective clients on the changes in the law, as well as to give insight into what transpires in the courthouses throughout the State of Maryland. Other firms seem to use blogs simply as a means to get their name on the internet, and provide no useful content. One such firm has several blogs that focus on the same subject but have slight variations in their titles. Their blogs kind of remind me of chicken. There are hundreds of different ways to prepare it but it is still chicken.

Our firm's blogs focus on specific practice areas and languages. Below is a list of our blogs:

Maryland Car Accident Blog

Maryland Criminal Lawyer

Maryland Work Injury Lawyer

Spanish Speaking Lawyer in Maryland

Chinese Accident Lawyer in Maryland

Korean Accident Lawyer in Maryland

Here are some others:

Maryland Accident Attorney Blog (Silverman | Thompson | Slutkin | White)

Maryland Accident Lawyers Blog (Saiontz & Kirk)

Maryland Car Accident Attorney Blog (Lebowitz & Mzhen)

Maryland Lawyer Blog (Miller and Zois)

Maryland Accident Lawyer Blog (Miller and Zois)

Maryland Auto Accident Lawyer Blog (Miller and Zois)

Maryland Injury Lawyer Blog (Miller and Zois)

Baltimore Injury Lawyer Blog (Miller and Zois)

Maryland Injury and Disability Law (Greenberg & Bederman)

Medical Malpractice & Patient Safety Blog (Patrick A. Malone)

Maryland Personal Injury Attorney (Steven H. Heisler)

Trucking Accident Lawyer Blog (Lebowitz & Mzhen)

Washington DC Injury Attorney Blog (Kenneth J. Annis & Associates)

Maryland DUI Lawyer Blog (Bruce M. Robinson)

Maryland Criminal Attorney Blog (Silverman | Thompson | Slutkin | White)

Maryland Nursing Home Lawyer (Dever & Feldstein)

Maryland Medical Malpractice Lawyer Blog ( Andrew G. Slutkin)

Baltimore Criminal Defense Attorney Blog (Law offices of Todd K. Mohink)

Maryland Criminal Lawyer Blog (Law Offices of Richard P. Arnold)

Maryland Lawyer Blog

Maryland Personal Injury lawyer Blog

Baltimore Criminal Law Attorneys Blog (Law Offices of James E. Crawford, Jr. & Associates)

Maryland Personal Injury Lawyer (Price Benowitz)

Maryland Law Blog (Alpert Schreyer)

Maryland Injury Lawyers Blog (Goldberg, Finnegan & Mester, LLC)

Maryland Injury Attorney Blog (Jeff Butschky)

Maryland Injury Attorneys Blog (Brassel Law Group)

Maryland Nursing Home Lawyer Blog (Lebowitz & Mzhen)

Maryland Accident Law Blog (Lebowitz & Mzhen)

Maryland Malpractice Lawyer (Alan J. Belsky)

Maryland Criminal Defense Lawyer Blog

Maryland Law Blogger (Raymond McKenzie)

Maryland DUI Defense Lawyer Blog (James Guillory)

Maryland DUI Lawyer (Price Benowitz LLP)

Maryland DUI Attorney Blog (Silverman | Thompson | Slutkin | White)

Maryland Criminal, Traffic and Injury Blog (David R. Waranch)

Maryland Personal Injury Blog (John R. Foran)

Maryland Injury Blog (Foran & Foran)

Maryland Law (J. Cannan)

Maryland Malpractice Lawyer Blog (Dever & Feldstein)

Maryland Lawyer Blog (Carey & Associates)

Maryland Injury Lawyers (Maryland Injury Lawyers)

Maryland Lawyer Online (Alan J. Belsky)

　

Department of Justice Seeks to Protect People Who Speak Korean, Chinese and/or Spanish

A few months ago the Department of Justice's civil rights division advised the nation's courts to have interpreters available for free at all criminal and civil proceedings and beyond the courtroom, including detention facilities, anger management classes and parol offices. The letter also cited several specific failures. One important instruction from the DOJ was that any court that receives federal funding is subject to Title VI of the Civil Rights Act, which requires access for all individuals regardless of their national origin. This requirement also includes offering services to limited proficiency speakers.

Too often people who speak Spanish, Korean and/or Chinese face clerks who are unaware of available services or indifferent to the needs of those who speak limited English. Many times outdated versions of translated forms are used. In some cases, Spanish, Korean and/or Chinese people are told they must pay for interpreters. In rare cases, people who can't speak English are treated rudely by court personnel. The Maryland Access to Justice Commission, a state body made up of judges and other officials formed in 2008, is investigating language barriers in Maryland's courts and issuing recommendations on how to improve communication. Maryland courts tend to do a good job providing Spanish interpreters at formal hearings, however, there are many procedures and nuances in our courts where no interpreter is available especially for Korean and Chinese people. Basically, there is no type of mechanism to deal with people who don't speak English who come to the courthouse.

This deficiency results from a lack of resources. The state judiciary branch has gone three years without new positions, raises or cost-of-living adjustments to salaries. Under the current budget restraints, hiring and training additional bilingual or Spanish, Korean and Chinese staff is difficult. However, misuse of existing resources, such as CTS Language Link, a telephone translation service also exists and must be addressed. Regardless of the shortcoming of the judiciary branch, non English speaking residents of this county enjoy equal protection of the U.S. Constitution and are entitled to every procedural safeguard the court offers. More importantly, these residents must be thoroughly informed of their rights at almost every step of the judicial process. If you have limited English skills and were charged with a crime or injured in an accident contact one of our multilingual Maryland and Virginia law firm. Our staff speaks Spanish, Mandarin, Cantonese, Vietnamese and Korean. Our Maryland lawyers and Virginia attorneys will protect your rights.