What's All This PIP About?

                In Maryland it is mandatory for all drivers to carry car insurance by a state recognized provider. In order to protect yourself and others, it is required that your policy covers a minimum of 15K for property damage, 30K for bodily injuries, and at least 60K for the coverage of two or more individuals. While one is forming an insurance plan, Maryland offers something called PIP, this stands for personal injury protection. Now what exactly does PIP do? Personal injury protection covers medical bills for any injuries you may have obtained during an accident. Coverage includes other expenses you’ve had to endure in wake of your injuries, and wages that have been lost. There are benefits to having PIP for such a low cost.

The policy plan has also been referred to as “no fault insurance”, meaning it does not matter who caused the accident, in order to receive compensation. Additionally, PIP holders have the potential to recover twice for their damages.  In cases where the other driver is at fault, you are able to recover wages and medical expenses from both their insurance company, along with your own insurance carrier. If you were interested in adding PIP to your plan, Maryland has a minimum requirement amount of 2.5K. Adding PIP to your plan is generally only a few extra dollars a month. However, it is wildly beneficial to invest a little extra into your PIP package; the more you invest, the more you receive.

If you or a family member have been injured or killed in a Maryland car, truck, or motorcycle accident and would like to consult an experienced personal injury attorney for free, contact our office 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/

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.