Your Cell Phone Can Help or Hurt your Accident Case

If you are injured in an auto accident that wasn’t your fault, and the other driver was using their cell phone at the time, evidence of that driver’s phone use can be used to hold them and their insurance company accountable for all damages. However, if you are the injured plaintiff in the case and the defendant is able to produces evidence that you were using your cell phone at the time of the accident, you could be held contributory to the accident and will not be awarded any compensation. Most states have laws in place that forbid cell phone use while in the car. Don’t risk being held partially liable in an accident- put the cell phone down while driving. If you’ve been injured in a Maryland car accident, call Portner & Shure today.

Dashcams in Maryland

If you’ve ever been involved in an accident, you know there is always the possibility of liability being disputed between parties involved. Dashcams have become more and more popular as a means to protect oneself against false statements. If you choose to install a dashcam, here are a couple things you should know.  

One, it’s 100% legal to record public video of people, including police officers. If your dashcam is recording video outside of your vehicle, on the highway or in a parking lot for example, it doesn’t matter if the parties being recorded are aware of it.

Two, if your dashcam records audio inside of your vehicle, this is considered a private place and your passengers should be made aware of the recording. Otherwise you could be charged on the grounds of Maryland’s wiretapping laws.

If you’ve been injured in an accident you need a top rated attorney regardless of if you have a dashcam or not. Give Portner & Shure a call today.

Recent Case Results August 2018

A while back, one of our clients was injured in an accident where she was riding as a passenger on a golf cart, the driver was being reckless, flipped the cart, and caused her to fracture her femur.  After multiple surgeries, two years of physical therapy, and an accrued amount of $60,000.00 in medical expenses, it was time for her claim to be settled. Travelers insurance company was willing to offer $75,000.00 for our clients injury and medical expenses. Our attorneys did not see that figure as a fair settlement amount and continued to negotiate. By the end of our negotiations, we had doubled their offer and obtained a final recovery amount of $150,000.00. Our client was highly appreciative of the time Portner & Shure had dedicated to her case and very satisfied with her final result.

What Clients are Saying June 2018

Wonderful experience with Portner & Shure!
Especially Grace, she was such a good communicator with an understanding and warm heart. Due to her hard work and caring nature, we were comfortable throughout the process. Also, we really appreciate Jonathan Portner for bringing the best result. If anyone asks us to recommend a law firm, we would definitely recommend Portner & Shure!

This case was handled by Mr. Portner and our Paralegal, Mrs. Grace Chung, out of our Columbia, MD office.

Litigation News May 2018

A client sustained injuries in Baltimore City after a City truck, carrying a large tractor trailer, backed up into our client’s vehicle while he was stopped at a red traffic light. At trial, City argued that our client had ample time to back up once he saw the trick begin to back up. However, when one of our attorney’s, Ms. Molly Cross, cross examined the driver of the City truck, the testimony revealed that there were other people in his vehicle that could have helped, he required a special license to operate that vehicle, and was unable to see through his rear view mirror. A Baltimore City Judge agreed with our position that the Baltimore City Driver had a responsibility and in a case where they weren’t offering any recovery, $7,200.00 was awarded.

What Clients are Saying May 2018

My experiences with Ms Sauer and Portner and Shure were nothing short of professional. Everything was clearly explained and all communication was great!

This case was handled by our Paralegal, Ms. Jennifer Sauer out of our Frederick, MD office.

Beware of Nursing Home Negligence

New studies show that the number of nursing home injuries based on negligence, mistreatment and neglect increases every year. Check carefully the past incident reports and claims against any facility you plan to use for a family member. Beware that your grandparent’s health could take a rapid decline due to neglect. For example, the bed sore on your grandmother’s back that caused her to die from sepsis, may have been the result of a nursing home employee’s failure to move her body and do proper inspections.

Litigation News March 2018

This month in litigation news, our Attorney, Mr. Kevin Ruby, tried a case where liability was not being accepted and the defendant was a judge for the State of Maryland Court of Special Appeals. The case ended up in litigation because the defendant was stating our client had caused to the accident. Our firm tried several times to set a court date for our client, however other judges in the state would not hear the case due to conflict of interest, stating they knew the defendant and therefore, would not hear the case. It was not until we made a request to specifically set our client’s case to be heard before a visiting judge. That judge found in our clients favor, and ruled the defendant 100% at fault for the accident. This just proves that Portner & Shure is willing to litigate any case, no matter who may be involved.

What Happens When You’re the Victim of a Hit-and-Run?

You are always told to get the information from the driver that hit us in an accident, which includes their name, address, insurance information, and driver’s license information. But in a hit-and-run, you are left with no information and no one to call.

Actually, in situations where you are injured in an accident and have no information for the driver responsible, you do have another option to recover compensation

Your own car insurance policy includes something called uninsured motorist coverage. First, the accident should be reported to the police so it can be verified that there was an accident and the other driver had no insurance.

Second, when the responsible party’s information is unknown, you have the recourse available to set up an uninsured motorist claim, or UM claim to recover compensation for your injuries.

Complicated accidents like hit-and-runs require you to have an experienced attorney like those at Portner & Shure, to help you get the compensation you deserve.

What makes a vehicle a lemon?

·         Maryland lemon law provides protection to consumers of brand new vehicles who spend more time in the repair shop than on the road.

·         Maryland Lemon Law applies to defective new or leased cars, light trucks, and motorcycles.

·         To qualify under the protection your vehicle must be registered in Maryland, have less than 18,000 miles and owned less than 2 years.

·         A dealer or manufacturer is required to correct the defect after they have notice of the problem.

·         If the dealer or manufacturer is unable to fix the problem, you may be entitled to a refund or replacement vehicle if your car has one of the following defects:

1.      A brake or steering failure that was not corrected after the first repair attempt and causes it to fail Maryland’s safety inspection.

2.      Any one problem that substantially impairs the use and market value of the vehicle that was not corrected in FOUR attempts

3.      Any number of problems that substantially impairs the use and market value of the vehicle that have caused it to be out of service for a cumulative total of 30 or more days.

·         When your dealer sells you a lemon, let Portner & Shure help you make lemonade. 

Employee Spotlight December 2017

Join us in welcoming Melinda (Mel) Moss to our Frederick office.  Mel has been a Paralegal since 1992, with a strong and diverse legal background, with expertise in personal injury; medical malpractice; business law; employment and labor relations; as well as commercial litigation.  Mel recently relocated to her hometown of Frederick from Albany, New York, where she worked as a litigation paralegal for Conway & Kirby, PLLC, a major medical malpractice and personal injury firm. Outside of work, Melinda owns and operates MSquared Kennels where she breeds, trains and competes Australian Shepherd dogs in Agility and Obedience, as well as riding and re-training Retired Thoroughbred racehorses.

Employee Spotlight August 2017

        Join us in welcoming one of our newest legal assistants, Jake Tello, who currently works out of our Columbia office, soon to be fully out of Frederick. Jake was previously with a different firm handling workers compensation but felt the need to move on. He has now been with Portner & Shure since June and has quickly made himself acclimated. Although Jake grew up in Maryland, his parents are from Peru allowing him to pick up on the language, making him a perfect addition to our Spanish department.

                                                                                                                                    

What Clients are Saying August 2017

Immediately following my motor vehicle accident, I was left emotionally and physically injured and nervous about the future. There was so much to think about, so much to worry about and unsure of how to move forward and proceed with my life. It wasn’t until it was recommended by my Doctor that I reach out Portner and Shure that I felt like I was moving in the right direction. From the first interaction with Rachel Dawes at Portner & Shure, I felt like I had someone in my corner. She was kind, patient, positive, reassuring and genuine. I never had to worry about my case and IF I DID WORRY, Rachel was a text message away (a text message!!!). She was always quick to respond and every response was informative and clear. I am VERY happy to say that it’s been 4 months since my accident and saying “Good Bye” to Rachel was bittersweet as I have really relied on her in the past few months to assist with the rebuild of my life. Rachel embodies the culture, passion and professionalism that you want your paralegal to have as you navigate your way through a difficult time.

I highly recommend Portner and Shure!!

This case was handled by our Paralegal, Rachel Dawes, who works out of our Columbia, MD office. 

Recent Case Result August 2017

Recently, Portner & Shure settled a rear-end accident case for $80,000.00. Our client was stopped waiting to make a left turn, when all of a sudden, she was hit from behind by a dump truck. As a result of the force of the collision, our client slammed her head against her steering wheel and suffered serious head injuries. Our client’s vehicle sustained significant property damage. Our client sustained a concussion and had total medical bills over $20,000.00. After extensive negotiations with the liability insurance company, an offer of settlement of $80,000.00 was extended. Our client accepted and was extremely happy with the result in her case.

What Clients Are Saying September 2016

“The Portner & Shure Law Firm did an excellent job for me. They were quick, reliable, and efficient. I had a car accident in January 2016. They provided me with a rental car, paid all my medical bills, recommended excellent medical care, and provided me with an excellent settlement for the injuries I sustained to my neck and back. They always answer the phone and answer my questions. Plus they have personnel who spoke my native language of Spanish fluently. I highly recommend this law firm to friends and family.”

This case was handled by our Paralegal, Norma Guevara, who works out of our Columbia, MD Office.

Settlement: Police Crash into ATV While Trying to Apprehend the Driver

          In March 2013, Michael Lewis was driving a four-wheel ATV on Karen Boulevard in Prince George’s County, Maryland at the same time that two police cruisers were driving in the opposite direction.  Lewis was driving the ATV on a public road without a helmet, and as a result, the police officers tried to pull him over.  During this attempt, one police car crossed over the double yellow line in the direct path of the ATV.  The first police car narrowly missed hitting the ATV, but the second police car crashed into the ATV.  Lewis sued Prince George’s County because he claimed the police used excessive force and that is the cause of his accident injuries.

            

         Trial for this case began on Monday, and Lewis’s attorneys argued that the police officers used a special tactic called “heading off,” which is only allowed to be used when attempting to stop a violent suspect.  Lewis was only breaking basic local traffic laws.  PG County officials claim the incident was a “miscalculation resulting in an accident.”  All 16 traffic citations were dismissed after the accident.

            

         Yesterday, Lewis and his attorneys accepted a settlement offer from PG County.  The amount of the settlement was not disclosed, but Lewis’s attorneys said their client was “fairly compensated for everything he has been put through.”  Because a settlement was reached, the trial does not continue and the County never has to accept any liability for the accident.  The uncertainty of trial likely prompted the County to try and settle the case out of court.

In personal injury cases similar to this one, where both sides cannot agree on a settlement before trial, there is still usually a high probability of a settlement being reached before trial is over.  Oftentimes, the party at fault in the accident does not want to risk having trial completed and leaving everything in the hands of a judge or jury.  In a settlement agreement, the at-fault party does not accept responsibility for the accident, but instead usually just offers to pay the injured party a sum of money.  Once a case gets to trial, attorneys fees start to increase rapidly and most clients do not want to rack up a large number of legal fees.

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

Fatal Maryland Car Accident Near Eastern Shore

          A deadly car accident in Calvert County, Maryland last week is now believed to have been caused by another driver blacking out or falling asleep behind the wheel.  A 46 year old woman died after another driver crossed over the center line from the southbound lane into the northbound lane.  As a result, the likely drowsy driver crashed head-on into the 46 year old, who also had two young children in the car with her.  The woman was flown to the hospital and later died, but fortunately the two children only suffered minor injuries.  Now that the investigation of the accident has almost been completed, police have determined that driver fatigue or a sudden medical emergency caused the accident.

            With record high numbers of over 33 million people driving across the country to their destination for Memorial Day Weekend and over 800,000 people travelling just from Maryland, many car accidents are bound to occur.  Let’s all avoid a deadly accident this weekend by wearing your seatbelt, only drive when sober, avoid distractions while driving, and obey the speed limit.  While distractions are the number one cause of deadly car accidents, drowsy driving is another problem that causes many accidents.  When people are driving long distances, as many do during long holiday weekends, there is always a risk of falling asleep behind the wheel.  If you are one of the millions driving to get away for the weekend, be cautious of other drivers and only drive if you feel well rested.

            If you or a family member has been injured or killed in an accident caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Ocean City or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland Lawmakers Propose Bill to Inform Consumers About Car Defects Sooner

         With news over the last few months of auto recalls due to defective airbags in millions of cars, Maryland lawmakers are trying to fix one of the biggest flaws in the auto industry: secrecy surrounding problems with cars.  The proposed law would “give dealers the protections they need to disclose critical safety information.”  As the system works now, car manufacturers collect information about problems and report them to the federal government.  This bill would make sure consumers know about problems when car makers know instead of years later when recalls are announced.  For example, the infamous maker of faulty airbags, Takata, has said they are willing to pay daily fines instead of revealing documents about the defective airbags.

            A 16 year old Marylander was killed in 2005 in a car accident, and seven years later, the same make and model car she was driving was recalled for problems with its ignition switch.  If this proposed bill was in place at the time, a life could have been saved because this information would have been released to car owners affected by the recall immediately instead of seven years later.  As we continue to move into a period of increased availability of information, it only makes sense for this proposed bill or a similar version to pass.

            Car dealerships receive internal service bulletins that they are not allowed to disclose to the public, and these usually include any problems before reaching recall status.  If this bill passes, dealerships would be able to inform consumers of these problems well before a serious injury or even death occurs.

            Opponents of the bill worry about this being a federal issue instead of a state issue.  Everyone agrees though, consumers deserve to know about problems with their vehicles at the same time manufacturers learn of them; not several years later when it is too late.  Far too many car accident deaths are attributed to defective parts.  They could have been prevented if more information was readily made available to consumers when problems first arose.

If you have purchased a car that has recently been recalled, take it to the dealer to get fixed.  Further, you may be entitled to several legal remedies, including:

• Economic damages: you may be able to recoup lost value of the car's resale value. You may also be able to recover for loss of use of the car
• Personal injury recovery: if the defective automobile resulted in physical injuries to you, you may be able to recover for the costs associated with the injury
• Class action: If the recall has affected enough numbers of consumers, a class action lawsuit might be an available option
• Manufacturer reimbursement: Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall.

Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses. From SUV rollovers to fuel fed fires and faulty door latches, there are a variety of vehicle safety defects that can lead to severe injuries in a car crash. At Portner & Shure, we have handled these cases for over twenty years. We have the experience and technical resources to analyze your auto accident case, answer your questions, and pursue the compensation you deserve.  Call us today for a free case evaluation at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

 

Teenager Killed in Head-On Collision with School Bus

           Early this morning, a 17 year old girl lost her life after crashing head on in to a Frederick County school bus just beginning its route on Old Middletown Road in Frederick.  The 17 year old, Claire Knight, was driving in a SUV going north and the school bus, with only one student on board, was traveling south when the two vehicles collided.  Damage to both the SUV and the school bus is catastrophic, and unfortunately Claire Knight did not survive the crash.  The bus driver only sustained minor injuries and the single student was left unharmed.  There are no indications of the cause of the accident and who, if anyone, was at fault.

            Bus accidents happen far too often, with adults and children losing their lives as a result.  When you suffer injuries or the loss of a loved one in a bus crash, it is important that you talk to an experienced and knowledgeable personal injury attorney to have your case evaluated.  If the cause of the crash is due to the negligence or some other fault of the other driver, you may be eligible to recover for your injuries.  For those who have lost a family member in a bus accident in Maryland, an attorney can file a wrongful death lawsuit so you can be compensated.

An experienced Maryland bus accident attorney will take the time to investigate the cause of the crash and knows what to look for in order to maximize the recovery in a given case.  Common causes of bus accidents include: bus driver negligence, bus driver fatigue, failure to stop at a stop sign or traffic light, improper bus maintenance, and dangerous weather conditions.  Determining fault in a bus accident whether it is a school bus, public transportation bus, or privately chartered bus all depends on the cause of the accident.

If you or someone you love has been injured in a bus accident or has died as a result of their injury suffered in a Maryland crash, and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Bus-Accidents.shtml

Maximizing Recovery for Truck Accident Victims in Silver Spring, Maryland

           Injuries resulting from truck accidents can be devastating.  However, many times injured victims are unable to recover enough money to cover the damages.  It is obvious to look to the negligence of the truck driver and motor carrier as the cause of the accident, but the shipper of the load cannot be forgotten as another possible liable party.  Motor carriers of nonhazardous materials are required to carry only $750,000 in single limit coverage, however, many times injuries sustained in a truck accident far exceed that amount.  Therefore, it is important to seek recovery from all who are involved including the truck driver, the motor carrier, and the shipper of the load.  Keep in mind though, that the shipper will not always be liable in a truck accident, but should always be considered.

            The shipper is the company that hires the motor carrier to haul its goods.  One way to impose liability against a shipper is for negligent selection, which means that an employer can be subject to liability for its failure to exercise reasonable care in selecting a competent and careful contractor.  When liability is being brought against a shipper, courts will look to the type of shipper that was used.  As a result, courts will place a higher duty on a more experienced and prevalent shipper with frequent shipments and large shipments to choose a safe and competent motor carrier to haul its goods.

            Once it is proven that the shipper has a high duty of care to hire competent carriers, it needs to be proven that the carrier was incompetent.  Then, once incompetence has been proven, it must be established that the shipper knew or should have known of the incompetence.  Finally, in order to prevail under negligent selection, it must be proven that the deficient characteristics that rendered the carrier incompetent proximately caused the accident.  This means that if it is established that the carrier has a history of failing to properly maintain its fleet of vehicles and the cause of the accident is due to the driver falling asleep behind the wheel, there is no proximate cause between the incompetence and the cause of the accident.

If you or someone you love has been injured in a tractor trailer accident or sustained an injury as a result of a truck accident in Silver Spring, and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Truck-Accidents/