What Should You Do After A Motorcycle Accident in Baltimore, Maryland?

Visit us at: www.portnerandshure.com

or call to speak with one of our experienced Maryland motorcycle accident attorneys at (301) 854-9000 for a free consultation.

Baltimore, Maryland is the largest city in Maryland, and the 26^th largest city in the United States with a population over 600,000.  With traffic being a major issue in the city, one must be wary of traffic accidents.  Motorcycle accidents are one of the most dangerous types of accidents because motorcyclists lack the same protection as cars and trucks.  Motorcycles do not have airbags, windshields or seatbelts to protect them in an accident.  After a motorcycle accident has occurred, it is important for you, as the rider, to follow these tips to protect your personal safety and to ensure your best chance at getting the compensation you deserve.

• 
  

  Escape Immediate Danger and Seek Medical Attention

  
  
  
  
  • 
    

    Nearly 62% of motorcycle accidents involve fuel leaks.  You must distance yourself from the motorcycle if there is a leak.  Further, make sure no one lights an open flame, including flares, near the scene of the accident if there is gasoline leaking.  If you are injured, you should be taken to a hospital for immediate care.  Common injuries resulting from a motorcycle accident include scrapes and bruises, broken arms and/or legs, and concussions.  It is important that a doctor examines your injuries to determine the severity.

    
    
  
  
  
  


• 
  

  Stay Calm and Remain Silent

  
  
  
  
  • 
    

    After any traumatic event, such as an accident, your body's adrenaline may cause you to act irrationally.  Remain calm by taking deep breaths and sitting down.  Do not talk to anyone because adrenaline sometimes causes people to speak without thinking, and it is important to avoid admitting fault.

    
    
  
  
  
  


• 
  

  Do Not Leave the Scene of the Accident

  
  
  
  
  • 
    

    Make sure you exchange information with all involved parties and wait for the police to arrive.  By leaving after the accident, you open yourself up to a hit and run felony charge.

    
    
  
  
  
  


• 
  

  Keep Records of All Documents Related to the Accident

  
  
  
  
  • 
    

    It is very important to keep a record of all expenses you incurred as a result of the accident.  Some common expenses include doctor's visits, repairs and lost wages from time missed at work.

    
    
  
  
  
  


• 
  

  Call the Police

  
  
  
  
  • 
    

    A police report is important because it will document the facts of the crash, the parties involved and record of any witnesses.  If police do not arrive at the scene, it is best to file a report later at the police station.

    
    
  
  
  
  


• 
  

  Seek Professional Legal Counsel

  
  

• 
  
  
  
  • Call an experienced motorcycle accident attorney to help you recover any benefits to which you may be entitled.  It is important to call a lawyer as soon as possible to assure that all evidence and witnesses do not disappear.   
  
  
  
  

If you or a family member has been injured or killed in an automobile accident, truck, bus, or motorcycle 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 at (301) 854-9000 or visit us on the web at www.portnerandshure.com

 

Ocean City, Maryland Personal Injury Attorney | Memorial Day Weekend Traffic Update

Heading to Ocean City, Maryland from the Washington D.C. metro area between 2:00 p.m. and 4:00 p.m. on Friday will add about three hours to the trip, according to travel data company Inrix. Inrix stated people who are headed south toward Richmond, Virginia from 2:00 p.m. to 4:00 p.m. on Friday will see their travel time double. According to AAA, 907,750 people plan to leave the region for Memorial Day weekend. Approximately 67,000 people will fly, with the remaining traveling by bus, rail, or boat.

According to the National Safety Council, it is estimated that 382 people will die in traffic crashes nationwide and 40,900 who survive crashes will end up in emergency rooms this Memorial holiday weekend. AAA Mid-Atlantic expects to come to the rescue of more than 30,000 stranded motorists.

The Maryland State Highway Administration suggests you use the free travel service hotline 5-1-1-, which monitors traffic conditions.

Portner & Shure wishes you a safe and happy Memorial Day weekend.

Spanish Speaking Criminal Defendants or Accident Victims in Maryland

Spanish speaking criminal defendants and accident victims should be aware that different rules seem to apply to them while they are in the legal system in many jurisdictions throughout Maryland. In counties like Howard County, Montgomery County and Prince George's County, in our experience, there is no difference in outcome because you speak Spanish in an accident case or a drunk driving case. However, if you go to some courthouses on the Eastern Shore and expect accident compensation, or a fair sentence, in our experience Spanish speaking clients results will vary, will be inconsistent, and may receive less money and a greater sentence.

As a result, we urge our Spanish speaking criminal clients to not accept plea deals in certain counties. Our results in certain criminal cases, in these counties with Spanish speaking defendants, are considerably better at sentencing, even when we have tried cases and lost, then when we have defendants plea guilty.

In accident cases a good Spanish interpreter, who has a nice presence seems to also make a difference. It is obvious that since the damages are being expressed through a Spanish interpreter, the way in which the interpreter appears and expresses herself makes a difference. Our firm is very familiar with certain court certified Spanish speaking interpreters who make a great presentation and help obtain excellent results for our Spanish speaking automobile accident clients throughout Maryland.

 

If you or a family member speaks Spanish and has been injured or killed in an automobile accident, truck, bus or motorcycle accident or have been charged with a crime and would like a free legal consultation or if you would like more information on car accidents and criminal defense, please feel free to contact our office or visit us on the web at http://www.yosoytuabogado.com.

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

The Right to a Jury Trial in a Maryland Accident Case has Changed

Until now if you were involved in an accident and claimed damages of $10,000 or less, you and the insurance carrier were entitled to a judge trial and not a jury trial. Jury trials cost a great deal more. Doctors who charge thousands to appear need to be called. Years ago there was no dollar limit on jury trial requests. As a result, insurance company lawyers would request jury trials in small cases as a means to discourage attorneys from taking them. It was a strategic move to reduce personal injury claims. For example, if an automobile accident case that occurred in Columbia in Howard County was worth $5,000 and the doctor charged two thousand to appear, than the economics of a Howard County jury trial didn't make sense. It discouraged many attorneys from taking smaller claims.

As a result, plaintiff's lawyers fought hard to get legislation passed requiring at least a demand for $10,000 in damages before either side had a right to a jury trial. The change has enabled countless injured people to pursue automobile accident claims when their injuries were soft tissue and the damages they claimed were under $10,000. With the passage of time and higher medical costs many small claims can not be concluded for $10,000.

Rather than have these claims decided in the circuit court before a jury, the plaintiff's bar has been successful in getting the damage limit for a jury trial request raised to $15,000. These smaller claims now can be done quicker in the district court and with less cost. In the district court if your attorney files the proper papers, evidence of your medical bills and treatment is admissible without calling the physician at trial.

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.

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.

Montgomery County Police Officer dies in Single Vehicle Accident: Maryland Workers Compensation Applies

On April 4, 2010 at 2:20 a.m., Officer Hector Ayala was traveling west on Randolph Road in response to a call from another Officer needing assistance at the scene of a fight.  Officer Ayala was killed in route when his vehicle ran off the road and struck a tree.  If this accident were not tragic enough, Officer Ayala leaves behind a wife who is pregnant with triplets and a 14 month old son.  

Working the midnight shift, Officer Ayala, who was fluent in Spanish, was invaluable to the Wheaton district.  Many residents only speak Spanish, and therefore, he was often called on by other officers to help interpret.  

Little information is being released about the accident as police continue to investigate.  There could be any number of reasons this accident occurred, whether speed, in an attempt to assist a fellow officer, being cut off by another motorist, debris in the roadway, medical emergency, etc.  In this instance, if the accident was the officer's fault, his wife would be entitled to make a workers' compensation claim.  Further, if it was determined another motorist or circumstances other than the officer's negligence was the proximate cause of this accident than his survivors would be entitled to other benefits.  

Workers compensation applies because the officer was working in the course of his employment at the time of the accident.  Since he died the code requires that he have dependents to obtain a recovery.  In this case, he had a wife and several children.  Next, in addition to workers compensation, the family may be able to make a third party claim against the other driver, if it was determined another driver caused this accident.

It is important to always contact a personal injury attorney who is experienced in dealing with these types of claims to assist you and ensure you receive each benefit you are entitled to.

If you, a family member or someone you know has been involved in an automobile accident or you would like more information regarding automobile accidents, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation. 

Tractor Trailer Driver Loses Control of Vehicle

Operators of commercial vehicles are required by law to carry a license specific to the size of the tractor trailer that is being driven. For example, a "Class A" license is required for operators of a vehicle with a weight in excess of 25,000 pounds. An operator of these larger vehicles has an obligation to use the appropriate standard of care when maneuvering such a vehicle. All drivers must be careful when sharing the road with these vehicles as the shear weight and size could make even the slightest of accidents deadly.

An example of how important it is to have experienced drivers behind the wheel of these large vehicles came in the form of an accident that occurred earlier this week on Interstate 70 in Frederick County, Maryland. A tractor trailer driver lost control of his vehicle when he struck another tractor trailer before crossing the road and striking the guardrail located in the median of the highway. Although no injuries were reported, the accident did cause clean up crews from the Maryland Department of Environment and Frederick County Hazmat units to clean up a fuel leak. This clean up required the lanes of Interstate 70 to be limited to one lane for a period of three hours.

If you, a family member, or someone you know was involved in a truck accident with a tractor trailer or if you would like more information on motor vehicle accidents, please contact Portner & Shure for a free consultation.

Howard County Pedestrian Accident

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile while crossing a street. The key inquiry is such accidents are 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.

Earlier this year an eighteen-year-old man from Columbia, Maryland was attempting to cross Little Patuxent Parkway between Vantage Point Road and Columbia Road when he was truck by an oncoming car. The police said that the young man was wearing dark clothes and was not in a cross walk when he was struck. He was transported to University of Maryland Shock Trauma where he presented with serious injuries.

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

Car Accident Linked to Cell Phone Use

It has been confirmed that talking on a cellular phone while driving can be a major distraction. Teenagers and less experienced drivers are at an even greater risk for causing an accident. The law in Maryland is that drivers younger than 18 with a provisional drivers license or learner's permit are prohibited from using any cell phone while driving. Texting was previously banned in Maryland for all drivers.

Recently a 17-year-old driver caused a serious car accident while talking on his cell phone. The teenager was merging onto Interstate 70 in Frederick County, Maryland when he allegedly rear-ended another vehicle. The responding officer noted that the teenager did not realize that there was highway construction in the area that had caused the traffic to slow down. The driver of the rear-ended vehicle was flown to Washington County Hospital while the teen only sustained minor injuries. The juvenile was charged with negligent driving.

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