Why You Shouldn't Accept Any Settlement for Your Auto Accident Case Without Consulting with an Attorney

When you've been involved in a motor vehicle accident, it's not at all uncommon for the other driver's insurance company to make you an offer very soon after the accident, and before you retain an attorney.  Frequently, the insurance company will offer an amount to pay medical bills you incur within a month of the accident plus a modest amount for your pain and suffering.  The offers generally range from $500 to $2,000.  In the first few days after the accident, the figure being offered may seem like a great deal, but accepting a settlement without consulting with an attorney first is simply a huge mistake for several reasons.

If you accept a settlement before you know the full extent of your injuries and expenses, you will seriously short change yourself and may end up having to pay medical expenses out of your own pocket.  The insurance companies make these offers solely in hopes that they can get out of the case for much less than their actual exposure. 

An attorney can help you coordinate your treatment with medical providers that won't insist on payment up front.  This way you can afford to wait to settle until you know the true value of the case.  An attorney can also help you assess the value of your case to ensure that you are getting a fair settlement.  In almost every case, an attorney can get you a much bigger settlement than what you can get on your own, enough to cover any attorneys' fees and still put a good sum in your pocket.

If the insurance company is making you an early offer or seems overly eager to close your case and send you a check – just say no.  In all instances, this is a huge red flag and you should have an attorney review your case immediately.  

Fatal Single Vehicle Accident on Interstate 70

On May 24, 2010, during the morning rush hour there was a serious single vehicle accident on Interstate 70 in Howard County, Maryland. A box truck was traveling westbound when it left the roadway and struck several trees. The driver was pronounced dead at the scene and Interstate 70 was closed for several hours. The cause of the accident is still under investigation.

An accident re-constructionist was most likely called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

Many auto insurance policies that carry Personal Injury Protection also carry a specific Death Benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

However, in the event that the driver was working at the time of the accident his family may be entitled to additional benefits under workers' compensation. Since this individual was unfortunately killed in the course of his employment his spouse and/or children may be entitled to receive benefits based on what the employee was making at the time of the accident. Although there is a cap placed on these benefits, it is possible to also obtain a burial allowance in cases such as this.

If you have been injured as the result of an automobile accident or sustained a work related injury, please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.

Motorcycle Accident Leads to Serious Injuries

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes since the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.

Earlier this month, a Hagerstown motorcyclist was seriously injured as the result of a collision between his bike and a Volkswagen Jetta while on US Route 40 in Frederick County, Maryland. The motorcyclist said that the driver of the Jetta pulled out in front of him. When the Jetta pulled out, the motorcyclist struck the driver side door causing his bike to overturn. The operator of the motorcycle was transported to R Adams Crowley Trauma Center in Baltimore after suffering head and leg injuries.

The accident is still under investigation. An accident re-constructionist can be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could help investigators to determine if the driver of Jetta failed to yield to the right of way.

If you, a family member, or someone you know has been involved in a motorcycle accident and would like a free legal consultation, or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland and Virginia accident attorneys are available to speak with you.

Pedestrian Killed: When Is a Pedestrian at Fault for an Accident?

At the beginning of the month a woman was killed while crossing Bel Air Road in Baltimore County, Maryland. The Baltimore County Police Department spokesperson indicated that the woman appeared to have been trying to outrun the vehicle to get to the other side of the road when she was struck. The woman was taken to Maryland Shock Trauma where she was pronounced dead. The driver of the vehicle immediately stopped and notified police of the accident.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of the vehicle, time of day (i.e. was it dark, lighting?), physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry in such accidents is whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

If you, a family member, or someone you know has been involved in a pedestrian related car accident, or if you would like more information on automobile accidents, please contact Portner & Shure for a free consultation. Our Maryland Accident Lawyers are available to provide you with a free legal consultation.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.

Pedestrian dies in Montgomery County Automobile Accident

On April 2, 2010, at approximately 5:54 p.m., Shu Bing Huang had just exited a bus at Veirs Mill Road and Randolph Road when she was struck by a motorist who jumped the curb striking her and then proceeded on to strike another vehicle.  Ms. Huang was pronounced dead at the scene.  The driver of the vehicle, 79 year old Thomas McCargo Rankin is alleging he does not know what caused him to lose control of his vehicle.  The Huang family has retained the law firm of Portner & Shure.  

An accident reconstruction is currently being conducted which can take anywhere between 6 to 8 weeks to complete.  The reconstruction unit will determine the approximate impact speed and the possible causes of this tragic automobile accident.  

In some states once a person reaches a certain age they are required to take their driver's test again to ensure they are still capable of operating a motor vehicle in a safe manner so as not to endanger the life of another individual.  This should be a law in all states to ensure the safety of other pedestrians and motorists on the highways.  Some other states have even gone further and once an individual reaches 80 years of age they are no longer permitted to drive.  

If you, a family member or someone you know has been involved in an automobile accident or you would like more information on automobile accidents, pedestrian accidents or medical emergency defenses, please contact Portner & Shure for a free consultation.  

Fatal Three Vehicle Car Accident in Severn

There was a deadly head on car collision that took place on April 7, 2010, in Anne Arundel County, Maryland. Anne Arundel County Police are currently investigating the cause of the collision. However, the preliminary evaluation has revealed that the driver of a Ford F-150 was traveling westbound on Donaldson when he crossed into oncoming traffic and struck a Ford Expedition head on. The collision caused the SUV to burst into flames.

When emergency response vehicles arrived on the scene, the SUV was engulfed in flames. The driver of the SUV and his passenger were pronounced dead at the scene. The driver of the pick up truck was rushed to Baltimore Washington Medical Center where he was later pronounced dead.

While the cause of this collision is under investigation at this time, witness statements and an accident re-constructionist could certainly assist in determining what happened. If the driver of the pick up truck is found to have been at fault for this accident, the families of those in the SUV could pursue a claim against his insurance carrier. They may be entitled to death benefits which could assist the family with burial costs.

Our Maryland accident attorneys have handled thousands of claims and are familiar with wrongful death claims. If this unfortunate event should happen to you or someone you know, please contact Portner & Shure for a free legal consultation.

Single Vehicle Car Accident Claims Another Life

Single vehicle accidents resulting in personal injuries are often caused by speed or reckless automobile driving. However, weather conditions can also play an important role in these traffic accidents. The recent rain storms have caused flooding in some areas and left roadways very slippery.

A recent single vehicle accident claimed the life of a 21-year-old woman. She was driving her Lexus on Snowden River Parkway in Columbia, Maryland when she swerved to avoid a collision with another vehicle. As a result of her swerving, she struck a tree and was pronounced dead at the scene by paramedics.

An accident re-constructionist could be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at the time of the cars impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident either lost control of her vehicle, or was cut off by another driver, or if her vehicle was not working properly.

In some cases, even if the other driver leaves the scene, fault could be attributed to that driver if a proper investigation is conducted. Our personal injury lawyers have been involved in several lawsuits that hinged on a thorough accident reconstruction.

If you, a family member, or someone you know has been involved in automobile accident where someone was injured or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.

1 dead, 2 injured in Montgomery County Car Accident

Police are still investigating a crash that occurred Thursday, February 11, 2010, leaving one person dead and sending two others to local hospitals. The accident happened around 8:00 p.m. at West Montgomery Avenue and Hurley Avenue in Rockville. The two car collision resulted in three individuals being trapped and another being pronounced dead at the scene. The roads surrounding the crash were closed for several hours for police to determine the cause of the accident.

In accidents of this magnitude the Police Department will impound both vehicles in order to do an accident reconstruction. When two cars are at an intersection, both vehicles need to be examined for damage and contact match points established. The analysis will reveal precisely how the vehicles made contact and help establish the angle that existed between the two cars at the time of the collision. This angle and the separation angles can be used to determine the speed of each car at impact. Often in accidents such as this, an attorney can assist you with the investigation and employ traffic crash investigation experts trained in accident reconstruction to determine fault.

If you, your family member or someone you know has been involved in a car accident or you need more information on car accidents and accident reconstruction, please contact Portner & Shure for a free consultation.,

Accident Reconstructionist Called in Fatal Pedestrian Accident

Early Thursday morning a pedestrian crossing Branch Avenue in Prince George's County was struck by a vehicle and killed. The driver of the vehicle remained on the scene to assist the police officers with the investigation. Branch Avenue was closed in both directions while an accident reconstructionist was summoned.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of vehicle, time of day, physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

If you, a family member, or someone you know has been injured as a pedestrian or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.