Recent Case Result July 2015

           Recently, Portner & Shure settled an auto accident case where a drunk driver hit our client’s car at a red light, severely injuring her and sending her to the emergency room.  Our client’s vehicle was a total loss, valuing $15,900.  This accident occurred in Howard County, Maryland along Centennial Lane. 

Our client sustained serious injuries to her shoulder and rotator cuff, requiring a total of three surgeries.  The first surgery was not successful, and it was not until the third surgery was completed that our client was able to finally feel better.  Christine Airey, one of our most experienced personal injury paralegals at the firm, was able to settle the case for our client for $250,000.

Aggressive Drivers in Bel Air Will Be Focus of Maryland State Police this Week

            Maryland State Police will be on increased patrol looking for aggressive drivers during the July 9 through July 18 period.  In what is being called the “Smooth Operator” campaign, Maryland police will be on the lookout for aggressive drivers.  In Maryland, there are seven different driver behaviors that fall under aggressive driving, and in order to be cited for it, at least three of the behaviors must be observed by a police officer.  The seven behaviors include:

• ·         Speeding
• ·         Failing to obey traffic control devices
• ·         Overtaking and passing another vehicle
• ·         Following too closely
• ·         Passing on the right
• ·         Driving in the emergency lane
• ·         Failing to yield the right of way

A majority of accidents are caused by aggressive driving, especially speeding and tailgating.  Drivers must avoid these aggressive driving tactics or risk getting pulled over by a police officer or being involved in a serious accident.

            

            The Smooth Operator campaign is meant to encourage drivers to keep Maryland’s roads safe by avoiding distractions while you are driving, coming to a complete stop at stop signs and red lights, obeying posted speed limits, not following other cars too closely, and leaving with plenty of time to reach your destination.  Drivers in Bel Air should be extra cautious when driving this week because police will be on patrol looking for aggressive drivers.

            

            If you or a family member has been injured or killed in an accident that is 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 Bel Air or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Hit and Run Accident in Baltimore Early Sunday Morning

              A woman was hit by a speeding car on Harford Road near Glenmore Avenue and Old Harford Road in the northeastern part of Baltimore City.  The mother of three was run over and was “thrown halfway underneath the car and she was all curled up in a ball,” according to witnesses.  The hit and run accident occurred just after midnight early Sunday morning.

            

               The driver hit the mother, ran her over, and kept going.  Police are still trying to find the driver, but there were very few witnesses that could provide any information about the type of car, the driver, or the license plate number.  The vehicle was last seen on Christopher Avenue.  Police believe the vehicle is a “dark-colored boxy-type of four-door car, possibly a Honda Accord.”  The victim was not in a crosswalk at the time of the accident, but there was one nearby.  Local residents say that many people choose to cross the street where this woman was crossing in order to get to the 7-Eleven because the crosswalk is all the way at the end of the block.  Unfortunately, in Maryland when a pedestrian is struck by a car outside of a crosswalk, the pedestrian is contributorily negligent, and therefore, cannot collect any compensation for her injuries. 

            

             Speeding is also a problem in this area of Harford Road, and was likely one of the causes of this hit and run accident.  Oftentimes, alcohol is a contributing factor as well, especially when the accident occurs late at night.  The victim’s family is offering a $2,000 reward for information on the driver.  An updated status of the hit and run victim is not known at this time.

If you or a family member have been injured or killed in a pedestrian 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 Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Litigation News May 2015

              Just recently, Portner & Shure won a $19,513 verdict for our client who was injured in a car accident in Prince George’s County because of a red light dispute.  The Defendant claims that he had the green arrow, but our client alleges that the other driver only had a solid green light.  A solid green light compared to a green arrow means that the driver making a turn must yield to oncoming traffic before turning.  After bringing in a traffic light sequence expert, it was determined that based on the timing during the incident in question, our client’s allegation that there was a solid green light was correct.

May 2015 Case Result

              Recently, Portner & Shure settled a workers’ compensation case for $100,000 for its client who was injured in 2010 while working on a deck using a nail gun.  Our client suffered an eye injury when a nail bounced up, struck his safety goggles, and broke a piece of plastic that went into his eye.  Doctor examinations revealed a scratched cornea and eventually he needed surgery because his blurry vision was not improving.  After surgery, he was out of work for three months.  Doctors found our client to have 100% permanent loss of visual function in his left eye as a result of the accident.

What Clients Are Saying May 2015

“After I came to the US, this was my first accident. I was very frustrated because my sons were hurt, and didn't know what to do, but after I spoke to Ms. Heather, everything was taken care of step by step, and my son's treatment was finished up and everything was settled. Thank you for your prompt reply and your explanations for all of my questions. I don't want to get into another accident, but if I or my friends get into an accident, I will definitely find Portner & Shure. Thank you.”

This case was handled by our Korean/Japanese Legal Assistant, Heather Jung.

Two Dead in Devastating Accident in Arnold

         Tuesday night, two vehicles were involved in a crash on northbound Ritchie Highway at College Parkway in Arnold, Maryland.  After investigating the accident scene, police officers determined that one of the vehicles, a Nissan Sentra, was on the southbound portion of Ritchie Highway with a red left turn arrow, but the driver proceeded to turn left towards College Parkway.  While making the illegal left turn, his vehicle was now in the direct path of an oncoming GMC Suburban truck that was driving down Ritchie Highway.  The truck crashed into the passenger side of the Nissan causing the car to overturn, and the truck pushed the car into a “traffic signal support pole.”  The driver of the Nissan was crushed in the crash and did not survive.  The driver in the GMC was ejected from his truck, possibly the result of not wearing a seatbelt, and taken to Maryland’s Shock Trauma Center.  Unfortunately, he did not survive either.

            The cause of the crash was determined to be the driver of the Nissan making an illegal left turn disobeying a red turn signal.  Police also believe alcohol on the part of the Nissan driver contributed to the crash, which would explain why he tried to turn on a red signal.

            Remember, if you are in an accident and are seriously injured follow these three steps protect your claim and maximize your potential recovery:

1)     Do Not Speak: It is important to understand that when the insurance company calls to speak with you, they are working against your claim. This means that the information that you give them is information that can be used against you. As a lay person, you may not realize what kind of information is harmful or helpful to your case. Because of this, it is essential that you find the help of an experienced Maryland personal injury attorney who can advise you. Your personal injury lawyer will speak to the insurance company for you so that you will not make the mistake of revealing too much information.  Not speaking to the insurance company is especially important for those who do not speak English fluently or speak English as a second language. The insurance company may take advantage of the language barrier to obtain information they can use against you.

2)     Focus on Treatment: It is very important that you seek medical treatment for your injuries.  When you are treating for your injuries, you must listen to the advice of your doctor. Do not attempt self-diagnosis or stop treatment before your doctor advises you discontinue treatment. Some clients make the mistake of ending their treatment process early and later discover that they are not fully recovered. By this time, it may be too late for those clients to make a claim for the treatment they subsequently receive. Do not make this mistake and risk your claim.  Instead, listen to the advice of your doctor.

3)     Do Not Rush: The settlement process takes time. Our experienced Maryland personal injury attorneys are skilled in negotiation. Oftentimes, this includes waiting out the insurance company to make them nervous. Because of this, it is important for clients to be patient and allow the attorney to obtain the most for your claim. 

            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 personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Annapolis or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Ford Recalls Over Half a Million Vehicles in the U.S.

            The recall is for steering issues mainly, but there are a smaller number of issues due to complications with other parts of the affected vehicles.  The largest group of cars affected includes Ford Fusion and Lincoln MKZ sedans from model years 2013-2015, as well as 2015 Ford Edge Crossover vehicles.  This group of cars is affected by potential steering issues where gear motor attachment bolts may break due to corrosion.  If this happens, manual steering would take over and it would be very difficult to steer, especially at slower speeds.  When this happens, the risk of an accident increases substantially.  Thankfully, no accidents or injuries have been reported as a result of this specific issue.  If you have an affected vehicle, take it to your Ford or Lincoln dealer and they will replace the bolts and steering gear at no cost to you.

            Other issues are affecting 2014 model year Ford Focus, Edge, Escape, and Transit Connect vehicles, as well as 2014-2015 Ford Fiesta cars.  These vehicles have a nickel plating issue that could cause the fuel pump to seize, which means the vehicle might not start or could stall while driving.  So far, there has been one such case where this has happened to a driver.  Again, dealers will take care of this issue by replacing the fuel delivery module. 

            2015 Lincoln MKZ sedans are also affected by parking lamps being too bright for regulations and negatively affecting the vision of oncoming drivers.  Software in the vehicle contributes to this problem and dealers will fix the software to lower the intensity and brightness of the lights.  The last issue affects 2015 Ford F-150 trucks.  There is a potential that the underbody heat shield could lead to a fire.  So far, no incidents have been reported due to the bright lights or the fire hazard for trucks.

            Vehicle recalls are very serious because of the increased risk of accidents and injuries.  It is important for car owners to get these recall issues repaired as soon as possible for their own safety and the safety of others on the road.  If injury occurs as a result of the defective parts in your vehicle, 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. At Portner & Shure, we have handled these cases for over twenty years for Maryland and Virginia injury victims. 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 to schedule an appointment at one of our many office locations for your free case evaluation at (301) 854-9000 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

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/  

UPDATE: Maryland Court of Appeals Upholds Cap on Damages in PG County Police Brutality Case

           Back in January, the Espina family challenged Maryland’s cap on damages when suing a local government employee.  Manuel Espina was fatally shot by a Prince George’s County police officer in 2008, and as a result, a jury found that the officer acted with malice and awarded the family $11.5 million in damages.  However, with the cap in place, that award was only limited to $400,000.  This case had been closely watched as the Court of Appeals heard arguments and made its decision.  Although Maryland’s Court of Appeals had upheld the cap on damages several times before, some thought this might be the case that would change the Court’s pattern of upholding the damages cap.  Unfortunately for the Espina family, the Court of Appeals upheld the cap on damages in a 7-0 decision.

            The County argued that doing away with the cap would subject the County to use taxpayer money in making payouts.  That would take away substantial amounts of money from projects that would improve the County’s infrastructure.  On the other hand, the Espina family’s attorneys argued that keeping the cap on damages would never deter local governments from combatting police brutality and it would not stop officers from repeated misconduct either.

            With the Court’s ruling yesterday, Maryland victims suing a local county or city government will still be subjected to a cap on the amount of damages they can recover.

            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 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 Legislators Increasing Penalties for Drunk Drivers

            In February, a bill was introduced to combat aggressive drunk driving in Maryland.  Last week, Maryland’s Senate overwhelmingly passed this legislation (46-0) that would allow a victim injured in a drunk driving accident to recover punitive damages from the drunk driver.  A hearing on the bill is expected on April 1^st in Maryland’s House.  If the House passes the legislation too, the bill would then go to the Governor for final approval.

            Drunk driving accidents that result in death or serious injury occur far too often in Maryland and throughout the rest of the country.  Although strict laws are in place with harsh penalties for breaking them, it is still not enough as innocent people are killed every day by drunk driver.  Current laws certainly have not led to any decrease in the number of drunk drivers on the road in Maryland.  With this potential new law, not only would drunk drivers have to face possible jail time and/or fines, they could also be liable for paying punitive damages to injured accident victims.  Punitive damages are completely subjective and not based on any specific numbers.  They are meant to punish the defendant for his/her reckless behavior so that it does not happen again.  With current drunk driving laws in place, most offenders do not seem to be deterred from driving drunk again.  But, if they are required to pay hundreds of thousands of dollars to victims or their families, drivers might think twice about getting behind the wheel drunk again.

            Normally, in all other personal injury cases, punitive damages are rarely awarded because it must be proved that the defendant had “actual malice” or “specific intent” to harm the victim.  Obtaining punitive damages under this new drunk driving bill would be much easier and could be applied just by the fact that the defendant operated a car while intoxicated and injured another person.

            Track the progress of this bill (SB 605) as it makes its way through the House.  Here are two websites that will keep you updated on this bill:

https://legiscan.com/MD/bill/SB605/2015

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=flrvotepage&tab=subject3&id=sb0605%2cs-0404&stab=02&ys=2015RS

If you or someone you love has been injured or killed in a Maryland accident caused by a drunk driver 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/Car-Accidents/Fatal-Car-Accidents.shtml .  Portner & Shure has several conveniently located satellite offices throughout the state of Maryland for our clients to meet with some of our experienced attorneys and paralegals.

Terrible Traffic Congestion on I-95 in Baltimore to Last 8 Months

Construction on I-95 from Caton Avenue to the Fort McHenry Tunnel will begin March 29 and last until Thanksgiving.  Over the 8 month period, drivers should expect very heavy traffic congestion with several lane shifts and lane closures.  Last year, the same construction project led to “13 shifts in traffic patterns” and “caused major headaches for commuters.”  Maryland Transportation Authority (MdTA) officials are warning that “this year will be far worse—with 29 such shifts scheduled.”  Officials expect the problems to be so severe that MdTA officials asked employers “to allow workers to change their hours to avoid peak travel periods, which are from 7 a.m. to 9 a.m. and from 4 p.m. to 7 p.m.”

With these new traffic patterns coming, including numerous lane shifts and closures, drivers must be even more cautious and aware of where they are going in order to avoid accidents.  The construction project will require weekly changes to traffic patterns, which will likely lead to confusion on the part of drivers as to how to exit the highway.  Last year, several drivers were confused by the new traffic patterns and a multitude of accidents and massive traffic jams ensued.  Drivers who use I-95 for their commute everyday will remember last August when new traffic patterns arose and the electronic message boards told drivers the incorrect instructions about how to proceed.  That problem led to what some called “the worst I’ve seen it due to road construction.”

To help drivers through this difficult period, the MdTA will post updates to traffic patterns on Twitter with the hashtag #i95bmore and messages will be posted on the electronic message boards.

Two of those 29 traffic pattern shifts will begin one week from March 29, and MdTA officials expect it to have “particularly large effects on traffic.”  On the Northbound side, “lanes are to be split—three to the left and one to the right—from Hanover Street to Key Highway.”  Therefore, all drivers who need to exit onto any of those streets must be in the far right lane.  On the Southbound side, “lanes will be split—two to the left and two to the right—from Key Highway to south of the I-395 on-ramp.”  And again, if you must exit onto one of those streets, you must be in the far right lane.

While this will be a frustrating time for many drivers trying to get to and from work, everyone needs to remain calm and drive safely so as not to put other drivers at risk or construction workers at risk.

If you or someone you love has been injured in a car 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/Car-Accidents/

Legislation Introduced to Triple Maryland’s Cap on Non-Economic Damages

           As expected, attorneys representing plaintiffs applauded the proposed legislation, which would triple Maryland’s statutory cap on non-economic damages in civil cases for “catastrophic” injuries.  On the other side, defense attorneys condemned the bill, saying “the higher potential recovery will come at the cost of patient care and higher consumer costs.

            There is a difference between economic and non-economic damages in a medical malpractice case.  Economic damages are easily quantified and calculated using precise values for things such as physical damage, lost wages, and medical bills.  Conversely, non-economic damages include pain and suffering, emotional distress, and other intangible injuries, all things that are not easily quantified and are completely subjective.  Some examples of injuries that would fall under this proposed legislation include: “death, severe paralysis, severe brain or closed-head injury, amputation of arm, leg, hand, or foot, blindness, loss of reproductive organs, and major burns.”

            Similar legislation was introduced in Maryland’s General Assembly last year, but it failed to pass.  The current cap in Maryland for non-economic damages is $755,000 for medical malpractice cases, and close to $950,000 for all wrongful death medical malpractice cases.

            The current law in Maryland for pain and suffering awards makes no distinction between victims suffering significant temporary injuries attributed to another’s negligence and victims enduring severe permanent injuries.  If the proposed bill were to pass, there would be “fair compensation for the most catastrophically injured Marylanders.”  In addition, if the cap were to increase for the most severe injuries, it would cause medical practitioners to act even more cautious which makes all Marylanders safer with fewer catastrophic injuries.  Hospital systems in Maryland equate this tripling of the cap on damages to punitive damages.  If Maryland hospitals are forced to pay these extremely high awards, they would not have the funds or the ability to take appropriate care of patients.

            In addition to this proposed bill, another bill was also introduced that would lower the current non-economic damages cap, instead of tripling it.  Hospital systems strongly favor this version of the bill, while plaintiff attorneys strongly oppose it.  Just think, if you were to lose your eyesight as a result of a hospital’s negligence, the most you could recover in non-economic damages for pain and suffering and the like would, at most, be $755,000.  That certainly does not seem like a fair amount for someone who is now blind to be able to live off of for the rest of their life.  And any sort of decrease would negatively affect the victim.

            If you or a family member is the victim of an injury caused by medical malpractice in Maryland, an experienced attorney from Portner & Shure can help you get the compensation you are entitled.  If you would like a free legal consultation or if you would like more information on medical malpractice please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Medical-Malpractice/

 

Portner & Shure March 2015 Litigation News

           Associate Attorney, Christina Ruhl won a verdict of over $12,650.00 against State Farm in Anne Arundel County District Court.  The defense had disputed both liability and damages.  The Defendant claimed that the Plaintiff had pulled out from a stop sign and made a left turn in front of him, causing the collision.  The Plaintiff, on the other hand, claimed that he had stopped at a stop sign, which was set far back from the travel lanes of the cross street.  Intending to make a left turn, Plaintiff then inched forward to get a better view, but never into the thru lanes of the cross street.  The Defendant, who was traveling at a high rate of speed swerved to the right, incorrectly thinking the Plaintiff might pull out in front of him.  The Defendant struck Plaintiff where he was stopped and spun his vehicle almost 180 degrees into the intersection. 

Ms. Ruhl used the physical evidence at the scene to prove that the Plaintiff never entered the path of the Defendant, and that Defendant’s swerving had caused the accident.  The physical evidence included skid marks, the final resting locations of the vehicles, and other physical damage to the scene.  After proving liability, Ms. Ruhl argued for her client’s medical bills, lost wages, and pain and suffering.  Plaintiff recovered the full amount of his medical bills plus pain and suffering damages of $7,500 and lost wages of approximately $3,700, for a total verdict of over $12,650.00. 

Portner & Shure Employee Spotlight March 2015

           This month, we honor Sarah Sadler, Portner & Shure’s Operations Manager, as she has reached a major milestone: 20 years in the Portner & Shure family.  Sarah has been an integral part in helping this firm recover over $175 million in awards for accident victims over the years.  She also works directly with the heads of different departments including marketing, social media, and paralegals to make sure all aspects of the firm run smoothly.  Most importantly, Sarah has helped keep the firm at the top by staying up-to-date with top-of-the-line technology as the legal industry continues to change and evolve.  Portner & Shure is one of the few firms in Maryland and Virginia that uses Needles, an advanced case management system that keeps track of every offer made by insurance carriers.  Further, Sarah makes sure that the firm has a large presence on the Internet with Facebook, Twitter, YouTube, LinkedIn, Blogger, Avvo, and Google+.  She is also responsible for making sure every client is extremely satisfied with our services rendered, and is the main reason our firm has numerous 5-star reviews.

            When Sarah is not doing work for Portner & Shure, which is rare, she enjoys spending time with her husband, Stu, and two children, Alexandra and Jessica.  She also loves cheering on the Orioles and Ravens.  Finally, Sarah adores her dogs, especially her German Sheppard, Cooper, who you have probably seen on our Facebook page, if you have “liked” us.

            Portner & Shure certainly would not be one of the top personal injury firms in Maryland and Virginia without the hard work and dedication that Sarah has poured into the firm.  Thank you Sarah!

 

Maryland Could Soon See 70mph Speed Limit

         Yesterday, Maryland lawmakers overwhelmingly voted in favor of increasing the maximum speed on interstate highways to 70mph.  The next step is sending the bill to Governor Hogan and await his approval or disapproval.  Even if he signs the bill into law, it does not mean that the 65mph speed limits will be required to increase to 70mph.  The Maryland Department of Transportation has said increasing speed limits will still be determined on a case by case basis, even if this bill becomes law.  The Western Maryland delegate who sponsored the bill would like to see the speed limit increased on Maryland’s highways because it would save travel time that “adds up over time.”

            If the bill becomes law, Maryland would be the 23^rd state with a top speed limit of 70mph, but just the 5^th in the highly-populated northeast (Maine, New Hampshire, Pennsylvania, and Virginia).  This increase would still be far below the nation’s top speed limit of 80mph in four western states.

            Opponents of increased speeds “equate higher speeds with more deaths.”  While speeding has been proven to be a leading cause of car accident deaths, distracted driving still leads the way, with drunk driving not far behind.

            Maryland’s current top speed limit is 65mph, but even that is used on few highways throughout the state including Interstates 95, 70, 97, portions of 83, and U.S. 50, among a few others.  State transportation officials calculate appropriate speed limits “by relying on how fast 85 percent of traffic moves under normal conditions, as well as taking road conditions and past accidents into account.”  Further, AAA officials say that “70mph is not too high for certain parts of the state.”  “While we (AAA) consistently advocate for ways to decrease traffic congestion and increase motorist mobility, which increasing speed limits often does, our primary concern remains the overall traffic safety of motorists on our roadways.”

            The Insurance Institute for Highway Safety contends that “any increase in speed makes crashes more likely and more damaging.”  Although it “gets people to their destinations a little faster…, it doesn’t come without a cost.”  As is the case with everything in life, there are costs and benefits.  As Maryland drivers know, people speed on every roadway, especially on I-95, I-695, and I-83, with no regard whatsoever for the posted speed limit.  A 5mph increase will likely not make a huge difference because the same fast drivers will continue to drive fast and the “slow” drivers will continue to drive within the speed limit.  More must be done to combat distracted driving (i.e. texting while driving) and drunk driving in order to lower the number of driving deaths, which are more significant problems and leading causes of car accident deaths than speeding.

            If you or someone you love has been injured in a car 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/Car-Accidents/

4 Things to Know About Leading Up to Trial in a Maryland Personal Injury Case

           While a majority of our personal injury cases are settled out of court, sometimes a deal cannot be reached between the attorney and the insurance company, or the settlement offer is too low and the attorney recommends and the client agrees to go to trial.  Most clients do not know what litigation or going to trial means.  Below, we discuss 4 steps to help better understand what to expect during this process.

1.      Filing a Complaint and Answer

First, you will meet with your lawyer to discuss what happened, including injuries, medical treatment, and damages sought.  Next, your lawyer files a complaint in the appropriate court.  As in every case, there is a plaintiff and a defendant.  In your situation, you are the plaintiff because you are bringing the suit.  The defendant will then file an answer to your complaint, and generally, the defendant’s attorney files a general denial to the allegations.

2.      Conducting Discovery and Filing Motions

Discovery consists of collecting information about the accident and the injuries.  The three most common forms of discovery include: interrogatories (questions that must be answered), document requests (requesting documents, such as medical records and police reports), and depositions (parties to the suit and witnesses give testimony that is video recorded at the lawyer’s office).  Oftentimes, motions will be made by both sides to ask the court to make a ruling on some issue of concern to that party.  For example, lawyers will make a motion to exclude certain evidence if it was collected illegally and is harmful to their client’s case.

3.      Settlement and Mediation

Once discovery is over and all motions are made, the two sides will work to try and negotiate a settlement.  However, sometimes the Court will order both parties to try and resolve the case before a neutral third party, known as a mediator.

4.      Trial

If a settlement or mediated agreement cannot be reached, the case will go to trial.  Before trial, your lawyer will prepare you for testifying in Court.  If the amount sued for is $30,000 or less, it will likely be a quick trial in district court in front of a judge.  If the amount sued for is greater than $30,000, the trial will be in front of a 6-person jury in circuit court.

           If you or a family member has been injured in a car, truck, or motorcycle accident in Maryland and would like a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Auto-Accidents/

Bridge Concrete Falls on Car, Prompts Inspections of Aging Bridges in Maryland

          A “chunk of concrete” fell on a Prince George’s County woman’s car as she drove under the I-495 overpass in Morningside, damaging her hood and windshield.  As a result, Maryland’s Department of Transportation ordered immediate inspections of 27 “aging, state-owned bridges.”  All of these bridges were constructed before 1969 and run over other roads, which makes falling debris a risk.  While inspections will occur over the next few months, actual repairs might not be made for several years.  DOT officials are making these inspections because they do not want drivers to worry about driving on or under Maryland bridges.

            Statistics show that approximately 3% of the 2,903 bridges maintained by the State Highway Administration and Maryland Transportation Authority are “structurally deficient.”  In other words, these bridges are “safe for travel, but in need of significant rehabilitation or replacement.”  Maryland does not have as many “structurally deficient” bridges as most other states, such as Pennsylvania with 23% of the state’s 22,660 bridges.

            In the last decade, there have been several major bridge collapses and structural failures.  The average United States bridge is around 42 years old.  Maryland has received a “B-” on their bridge grade, which is just above the “C+” grade for the country as a whole.

            In addition to the “structurally deficient” bridges, Maryland also has 1,085 bridges or 20.5% of all bridge that are “functionally obsolete or no longer meet current standards for bridge construction.”

            Some of the bridges on the list to be inspected include: Mount Carmel Road over I-83, I-83 over Padonia road, Route 151 over Patapsco and Back River Railroad, I-695 inner loop at Benson Avenue and U.S. 1, Crosby Road over I-695, Tridelphia Road over Route 32, Route 195 over Sligo Creek Parkway.

            If you have suffered an injury as a result of falling bridge debris or structural bridge failure in Maryland, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Personal-Injury/