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/

Pedestrian Hit by Metro Transit Police Car in Prince George’s County, Maryland

           Early this morning, a Metro Transit Police officer hit a pedestrian with his car near the Branch Avenue Metro Station in Prince George’s County.  The police officer was not responding to an emergency and did not have any sirens or flashing lights displayed at the time of the incident. 

 

The pedestrian, a 33 year old woman, was “trying to cross a busy Temple Hills street.”  Unfortunately, she was seriously injured and is said to be in critical condition at the hospital.  The woman tried to cross the street without using a crosswalk or the walker traffic signal.

Police have not issued any citations in the accident and the Metro Transit Police officer involved in the crash has been placed on administrative duty while police continue their investigation.

Unfortunately, thousands of pedestrians are killed each year in accidents and actually the numbers have been increasing nationwide in recent years.  2010 data from the National Highway Traffic and Safety Administration (NHTSA) placed Maryland as the seventh most dangerous state for pedestrians with 1.75 fatalities per 100,000 residents.  However, the most recent statistics do not have Maryland ranked in the top ten for worst states for pedestrians.  According to the NHTSA, nearly 3 out of 4 pedestrian deaths occur in urban environments, at intersections, during the nighttime.

In a Maryland pedestrian accident case, it must be determined whether the pedestrian was lawfully crossing the street at the time of the crash.  In other words, was the pedestrian crossing the street against the signal, crossing outside the crosswalk, or texting while crossing, or was the pedestrian crossing with the “walk” signal and inside the crosswalk.  Because Maryland is contributory negligence states, if the victim pedestrian is negligent in any way, they cannot recover in a civil lawsuit.  Here, all evidence shows that the woman crossed the street outside of any crosswalk, which if found to be true, would prohibit her from being able to recover in this accident.

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

Two Dead in Maryland Motorcycle Accidents Yesterday

           Monday afternoon, a young man was killed after crashing his motorcycle into the side of a trash in Montgomery County.  The accident occurred during the afternoon rush hour at the intersection of Spencerville Road and Peach Orchard Road.  Early indications do not seem to show that the truck driver was at fault as it was driving east on Spencerville Road at the time of the accident.  The motorcycle then entered the road and crashed into the truck.  The motorcyclist sadly died at the scene.  The exact cause of the accident is still under investigation.

            Another motorcycle-involved accident also occurred Monday afternoon in Prince George’s County.  Fewer details are known about this deadly crash that occurred on Allentown road near the town of Friendly.  Police arrived on the scene to find a motorcycle involved in a crash and its driver unfortunately did not survive.  It did not appear as if any other cars were involved in the accident, but police are still investigating to try and understand exactly what happened.

Motorcyclists are most at risk for severe injury when involved in accidents on the road with other cars, trucks, or buses.  Automobiles have several safety features that prevent serious injury when accidents occur, such as seatbelts, airbags, and a windshield.  Motorcycles, on the other hand, offer no protection whatsoever for their riders when a crash occurs.  There are no seatbelts to restrain motorcyclists; there are no airbags to limit impact in a crash; and there is no windshield or any other similar device to prevent the rider from flipping over the handlebars of the motorcycle.  Motorcyclists musts wear helmets and other protective gear and clothing to limit injury as much as possible if involved in a crash.  Details from both accidents do not reveal whether the motorcyclists were wearing helmets or other protective gear.  Speed and treacherous weather conditions are often the causes of motorcycle crashes.  We do not know if speed was a factor in either of these accidents, but there were no weather problems yesterday with warm and sunny conditions during the afternoon.

If you or someone you love has been injured or killed in a Maryland motorcycle accident that is caused by the negligence or fault of another driver, please contact us to schedule an appointment at one of our office locations in Columbia and throughout Maryland for a free case evaluation.  Call our office today at (301) 854-9000 or visit us online to learn more about Maryland motorcycle accidents: http://www.portnerandshure.com/Auto-Accidents/Motorcycle-Accidents.shtml

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/

Catching Zzzzzzs Behind the Wheel, an Overlooked Phenomenon in Maryland

           While drunk driving and distracted driving get all the attention, drowsy driving is also becoming a major issue and could even be more dangerous.  According to research conducted by the AAA Foundation for Traffic Safety, more than one in five fatal crashes involve driver fatigue.  Drivers are educated on the effects of drunk driving and texting while driving, but rarely ever is drowsy driving discussed.  One reason for this could be because it is difficult to prove that an accident occurred because the driver fell asleep.  There is no blood alcohol to test, no field sobriety tests to conduct, and no phone records to check.

            The biggest problem with drowsy driving is that if a driver is tired, they will often power through it, thinking they will be able to stay awake.  Driving while fatigued is very dangerous and significantly impacts driving performance.  Research shows “on average you have to be out for two to four minutes to realize you were just asleep, whereas it only takes two or three seconds for something catastrophic to happen if you are asleep at the wheel.”  The AAA study found that even people who sleep six to seven hours a night are twice as likely to be involved in a crash compared to those who sleep eight or more hours.  The real danger zone is when a driver gets less than five hours of sleep.  Officials at the Center for Sleep and Circadian Neurobiology at the University of Pennsylvania School of Medicine note that driving performance begins to decline beyond 16 hours awake.  “When you get to 20 hours without sleep, you are performing as would somebody with a blood-alcohol limit [of 0.08 percent, the legal limit for driving under the influence in Maryland].”

            The age group most at risk for drowsy driving is those between 16-25 years old.  Teenagers are often sleep deprived because they are forced to balance school work, extracurricular activities, and part-time jobs.  Some research shows that half of all drowsy driving related crashes involve a teenager.

            Commercial drivers, such as tractor trailer drivers, are another at-risk group for fatigued driving due to long hours and very little time to rest.  Sleep deprivation is a leading cause of truck accidents, and sometimes, it is not only the fault of the driver, but also the truck company for forcing their drivers to work long hours without any break.

            Some states have passed fatigued-driving laws and some car manufacturers (BMW and Mercedes Benz) have started including technology in vehicles that detects a drowsy driver and tells them to stop and take a break.  “[Drowsy driving] is an issue that deserves the same level of attention…as alcohol, speeding and seat-belt use,” says Brian Tefft of the AAA Foundation.

            For more information on drowsy driving, check out the University of Maryland Medical Center’s website: http://umm.edu/programs/sleep/patients/drowsy-driving.  Interested parties can also visit www.drowsydriving.org for more information.

            If you or someone you love has been injured in an accident caused by the negligence of another driver, including truck drivers who have fallen asleep behind the wheel, please call us today at (301) 854-9000 to set up an appointment at one of our office locations located throughout Maryland for a free case evaluation or visit us online: http://www.portnerandshure.com/Auto-Accidents/Truck-Accidents/