Maryland Personal Injury Attorney | Statute of Limitations in a Personal Injury Lawsuit in Maryland

So you've been involved in an auto collision and sustained injuries but you don't have the time to schedule a doctor's appointment and handle the situation. Or maybe you have the time but you're overwhelmed because there seems to be a mountain of paperwork to read and your medical bills are getting uncomfortably high. Perhaps you've been meaning to consult an attorney but between your career and real life, you can't seem to make time. These are common situations for our clients who have been involved in auto collisions. However, it is important to understand that by delaying, you could be legally unable to file a claim and receive damages, even if you were the victim.

"Statutes of limitations" are laws that set time limits on how long you have to file a civil or criminal lawsuit. These time limits depend on the legal claim or crime involved in the case, and vary from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule, the time period begins to run on the date your claim arises or "accrues," like the day of the car accident.

The statute of limitations that applies to most tort cases in Maryland is MD Cts. & Jud. Proc. § 5-101, which provides that "a civil action at law shall be filed within three years from the date it "accrues" unless another provision of the Code provides a different period of time within which an action shall be commenced." Deciding when a cause of action accrues is often a matter of complex legal interpretation. It is a good idea to consult a lawyer to help you figure out when your cause of action accrued. Remember, once the statute of limitations has expired or "run," you can no longer file a lawsuit.

Plea Reached In Triple Fatality In Harford County, Maryland

More facts have come to light in a triple fatality accident that occurred in Harford County, Maryland, involving a drunk driver, which we blogged on a little over a year ago. In the blog, we questioned what steps could be taken to avoid this tragic accident. Naturally, the most logical would have been to take away the drunk driver's keys. Or in this particular case, stop serving the individual more alcohol and ensure that he does not get behind a wheel of a motor vehicle.

Travis Nelson Gray of Darlington entered a plea of guilty to three charges of negligent homicide while under the influence before his trial was scheduled to start in the Circuit Court for Harford County. On November 14, 2009, Gray was operating his 2002 Ford F250 north on Route 543 when he crossed into the lane for southbound traffic and collided head-on with a 1998 Ford F150 truck. Two of the occupants of the pickup truck, James Bielanski and his wife, Pamela Bielanski of Street, Maryland were pronounced dead on the scene. The other passenger, William Arbogast also of Street, Maryland was transported to Maryland Shock Trauma and died the next day.

Deputy State's Attorney H. Scott Lewis stated during the plea hearing that Gray's eyes were bloodshot at the scene and he stated that he had 3 or 4 beers, but refused to say where. Later police obtained Gray's bar tab from the Old School Tavern in Dublin, Maryland, which in effect resulted in Gray admitting that he had consumed alcoholic beverages at the tavern before the accident. The Maryland legal blood alcohol limit is .08. At the time of the accident Gray's blood alcohol limit was .27.

Thus, in going to back to imposing tougher laws and harsher sentences, should Old School Tavern be responsible to the victims in this fatal accident? Should a reasonable person be able to tell when an individual has had to much to drink? Interestingly enough, last June, the Harford County Liquor Board fined the tavern $6,000.00 and issued two seven day suspensions for three violations that occurred the same morning as the triple-fatal accident. However, this does not answer the question whether they too should be jointly liable for the wrongful deaths of these three victims.

If you, a family member, or someone you know has been injured in a car accident involving drunk drivers or you would like more information on car accidents, please visit us on the web at http://www.portnerandshureaccidentlawyers.com.

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

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.

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.

Road Rage: Cyclist vs. Motorist

Were public highways constructed for motor vehicles or bicycles?  Who has the right of way, the bicycle or the motor vehicle?  Many motorists believe that cyclists are endangering themselves since they are no match for tons of metal on wheels.  Many a debate has arisen when it comes to the rules of the road, who rules, cyclist or driver?   

Most people would be surprised to learn that legally bikes do have the right to ride their bikes on the roadways, in most jurisdictions.  In Maryland and D.C., those rights have been expanded where a 3 foot rule was passed by the Senate on May 20, 2010.



Many motorists feel that this bill is not fair.  Motorists have to pay for tags and insurance and obey the laws of the highways.  If cyclists have the right to the roadways, then they too should have to pay for insurance and tags and obey the traffic laws and be cited if they disobey those laws.  As simply stated by one motorist, "if we're going to level the playing field, then let's level it completely and equitably."  Why not construct bike paths for the safety of cyclists and leave the highways to the motorists?  

In a recent Harford County bicycle accident, 17 year old, Albert Wayne Glass was riding his bicycle on Sandpiper Court heading toward Willoughby Beach Road in Edgewood, Maryland.  According to the Harford County Sheriff's Office, Glass proceeded through a stop sign at the intersection of Albantowne Way and Willoughby Beach Road when he was struck by Timothy James Foster.  Mr. Foster was traveling east on Willoughby Beach Road through the intersection when he struck Mr. Glass.  Mr. Glass sustained serious bodily injuries and was flown by medevac to Shock Trauma, where he underwent emergency surgery to relieve massive blot clots on his brain.  Should Mr. Glass have been operating his bicycle on the highway in the same capacity as a motorist?  Could this accident have been avoided if the State Highway Administration approved a bill for Bicycle and Pedestrian Access?  While it appears several of these issues are before the legislature, the question the motorists and cyclists need to know is when will it be implemented and what should be done in the meantime?  

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.

Malfunctioning Traffic Light Contributes to Accident in Harford County, Maryland

There is concern among Harford County residents whether a traffic light may have contributed to an accident on January 4, 2010, at the intersection of Perry Avenue and Willoughby Beach Road in Edgewood. One resident who lives on Willoughby Beach Road stated that the traffic light controlling that intersection had been flashing yellow since before Christmas. The normal light sequence prior to this was the light cycled from solid green to yellow to solid red. At approximately 9:18 a.m. on January 4, 2010, a 2004 Nissan Sentra being operated by Jihan Alia Tiffany Hughes, slowly exited the school parking lot on Perry Avenue. When Ms. Hughes entered the intersection she struck Adam William Tammaro, who was operating his 1990 Chevy Camaro east on Willoughby Beach Road causing his vehicle to careen into a third vehicle. The third vehicle was stopped westbound on Willoughby Beach Road waiting to turn left onto Perry Avenue. Ms. Hughes indicated she stopped as she entered the intersection as the light was flashing red and she could not see around the State Highway vehicle that was working on the light. Mr. Tammaro was transported to Upper Chesapeake Hospital in Bel Air with complaints of back pain.

The State Highway Administration received a call around 8:00 a.m. that morning and had someone at the location within an hour to work on the lights. The State Highway Administration worker indicated a replacement part was needed to fix the malfunctioning lights. He stated that when a traffic light malfunctions it automatically switches to flashing yellow.

Malfunctioning traffic lights have contributed to hundreds of accidents. Governmental entities have a duty to the public to periodically inspect traffic control signals and make the necessary repairs immediately upon being notified of the malfunction. Governmental agencies may be held liable for the road conditions, including that of malfunctioning lights; however, there are sovereign immunity issues that have to be considered. That is why it is important to seek the advice of an experienced personal injury attorney.

Motorists need to use caution at intersections controlled by flashing red and yellow lights and abide by the motor vehicle laws. Maryland Transportation Code Section 21-204 sets forth the actions required by the driver.

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

 

Do Not Talk to Insurance Companies Without Seeking Advice of an Attorney First

February 1, 2009, at approximately 12:30 p.m. a Montgomery County high school student was killed when the driver of the vehicle he was in lost control of the car on Veirs Mill Road in Rockville. The 17 year old passenger, Thiago Andrade of Rockville was thrown from the 2003 Toyota Camry and pronounced dead at the scene. Another passenger in the vehicle was critically injured. The driver was trapped behind the wheel of the vehicle until an emergency crew arrived on the scene.

While Montgomery County police are still investigating the accident that had Veirs Mill Road closed for several hours it is alleged that the driver was speeding. Witnesses saw the car traveling eastbound on Veirs Mill Road and just before it reached Robindale Drive the car went down a grassy embankment and hit a tree, causing the car to split in half. Both sections of the vehicle continued in different directions down the hill, landing in the Rock Creek apartment complex, damaging one other vehicle.

The passengers in this vehicle, and/or their family have the right to make a claim for their bodily injuries or wrongful death against the driver's insurance. Depending on the driver's policy and their own household coverage, they may have the right to other benefits and should seek the advice of an attorney to ensure full compensation for said injuries or wrongful death benefits. Under no circumstances should they speak to the insurance carrier before consulting an attorney. Even passengers can jeopardize their rights by talking to an insurance adjuster. For example, if the driver of the vehicle was drinking and the passengers know this, their claim could arguably be barred by the doctrine of "assumption of risk."

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

Motor Vehicle Accident Shuts Down Route 270

On January 15, 2010, the morning commute of drivers on Route 270 in Frederick County came to a complete halt. At approximately 8:00 a.m., Mr. Robert Riley began to slow his vehicle due to the heavy traffic on Route 270 near Buckeystown Pike. Mr. Riley was driving his truck when he was struck in the rear. The operator of the vehicle that struck Mr. Riley was flown to R. Adams Cowley Shock Trauma Center in Baltimore, Maryland with serious but non-life threatening injuries. Mr. Riley was transported by ambulance to Frederick Memorial Hospital with minor injuries.

This accident is an example of the various injuries that can be caused by such a serious collision. Traffic accidents can result in injuries ranging from minor sprains to more serious injuries such as internal bleeding, broken bones or even traumatic brain injuries. Car accidents that occur at a higher rate of speed have a greater potential of leaving a person with permanent injuries.

As a general rule, the driver of a motor vehicle may not follow another vehicle closer then what is reasonable. The operator of the vehicle must maintain a reasonable speed for the driving and traffic conditions. There are specific laws surrounding what is considered to be "reasonable" based on the circumstances of the situation.

If you, a family member, or someone you know has been injured in a motor vehicle accident where you were rearended, or if you would like more information on car accidents, please contact Porter & Shure.