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.

Car Accident Involving Police Vehicle in Howard County

On January 20, 2010, an unmarked police vehicle was traveling eastbound along Route 108 in Columbia, Maryland. When the officer was making a left hand turn on Bendix Road he was hit by another vehicle traveling westbound on Route 108 in Howard County. The drivers of both vehicles were taken to Howard County General for injuries.

Although emergency vehicles have their own set of rules to which they adhere while driving, it is unclear in this situation as to what capacity the unmarked police cruiser was being used. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals except in the even event that the police vehicle is not equipped with such signals..

If you, a family member, or someone you know has been injured in a motor vehicle accident that involves the use of an emergency vehicle or would like more information on car accidents, please contact Portner & Shure.

Motorcycle Accident Expert, Harry Hurt,Dies at 81

On December 2, 2009, Harry Hurt one of the world's foremost authorities on motorcycle crashes and cause, passed away. Hurt was the principal investigator of The Hurt Report, an in depth investigation of 900 motorcycle accidents in Los Angeles from 1976 to 1977. His groundbreaking research credited with saving countless lives, was published in 1981.

In 1975, The National Highway Traffic Safety Center, asked Hurt to develop an accident investigation methodology that would determine the causes of motorcycle crashes and injuries. The study concluded that speed was not a factor in most crashes; that helmets were very effective in preventing brain injuries and deaths; and that two-thirds of motorcycle crashes involved cars and two-thirds of those accidents occurred when a car driver failed to see the motorcycle and violated the cyclist's right-of-way.

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

Rollover Automobile Accident

The Supreme Court just let stand an $82.6 million dollar award to a woman who was paralyzed after her Ford Explorer rolled over. Ford challenged the portion of the award that was for punitive damages, $55 million. Ford argued that is should not be punished because its design of the vehicle met Federal Safety Standards. The Supreme Court agreed with a California State Appeals Court which had earlier rejected Ford's contention. If you or someone you know was injured in a rollover automobile accident contact Portner & Shure for a free consultation.