Not Paying Attention May Forfeit Your Right to Recovery

In Maryland, Virginia, and Washington DC, unlike some other states, you have to prove that you had no responsibility for being injured. If a Judge or Jury is able to look at the facts of how you were injured, and establish that something you were doing may have contributed to the accident, they may not find in your favor.

With the prevalence of handheld devices and the use of headphones on the rise, these items increase your chances of being injured while out for a walk or a bike ride because they diminish your senses to your surroundings.You may not hear that vehicle approaching you, or someone honking their horn, you may have also forfeit your right to recovery because you weren’t paying attention. If you’ve been involved in an accident as a pedestrian or a cyclist you need an experienced attorney to prove you had no contribution to your accident. 

Carroll County Bicyclist Killed When Struck by Tractor Trailer

On Tuesday, August 24, 2010, Arthur John Martin, Jr., 51, a retired police officer, was riding his bicycle on Maryland 75 in Carroll County when he was struck by a tractor trailer.  The tractor trailer driver, Anthony Edward Woodie, 37, was operating his 1985 Peterbuilt on Shepherds Mill Road and was turning right on Maryland 75 when he failed to yield the right of way and struck Mr. Martin.  It was reported that Mr. Martin was thrown from his bicycle and then struck by the tractor-trailer.  He was pronounced dead at the scene.



The Maryland State Police crash team are still investigating this accident and charges are currently pending against the tractor trailer driver.  There is no evidence to suggest that alcohol or speed contributed to this accident. This is yet another example of why the question keeps being raised, "Whether motorists should share the roads with bicyclists?"  Clearly, a 25-pound bicycle is no match for a 10,000-pound truck.  Bicyclists should be lobbying for designated bike lanes for bicycle safety.  Recently, advocates for the League of American Bicyclists were at the Capitol expressing their excitement over the bike lane extending between the Capitol and the White House.  If they can have them in Washington, D.C., why not everywhere?

If you, a family member, or someone you know has been involved in a bicycle accident, truck accident or automobile accident, please contact one of our Maryland Accident Lawyers for a free consultation or visit us on the web at http://www.portnerandshure.com.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.

Howard County Pedestrian Accident

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile while crossing a street. The key inquiry is such accidents are whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

Earlier this year an eighteen-year-old man from Columbia, Maryland was attempting to cross Little Patuxent Parkway between Vantage Point Road and Columbia Road when he was truck by an oncoming car. The police said that the young man was wearing dark clothes and was not in a cross walk when he was struck. He was transported to University of Maryland Shock Trauma where he presented with serious injuries.

If you, a family member, or someone you know has been injured as the result of being a pedestrian or if you would like more information on car accidents please contact Portner & Shure for a free consultation.

Single Vehicle Accident Causes Death of Fort Washington Woman

On February 4, 2010, a 79-year-old woman was killed when her husband suffered a medical condition while driving the couple's car and crashed into a tree in Clinton, Maryland. The driver of the vehicle lost control of the vehicle and hit the nearby tree. Both occupants of the vehicle were taken to a local hospital were the passenger was pronounced dead.

Many auto insurance policies that carry personal injury protection also carry a specific death benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

With respect to liability, if you are injured by a person who has a medical emergency several things may need to be proven. First, did this person have reason to believe that their medical condition could put themselves or others at risk. For example, if a person has a seizure and it causes an accident, did that person know of the seizure disorder prior to the collision. Additionally, if you were a passenger, did you know of the condition? If so, and you still went for a drive, your claim may be barred by the doctrine of "assumption of risk." Since several factors come into play in these cases, even you think you did nothing wrong, do not talk to an insurance adjuster without first consulting an attorney.

If you, a family member, or someone you know was injured in an accident as the result a medical condition or if you would like more information on car accidents, please contact Portner & Shure for a free consultation. 

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.