Should I Get an Attorney After a Car Accident?

If you've been injured in an auto accident due to someone else's negligence, you may think that it is not a big deal and you can resolve any issues on your own. That is not always the case, however. You may think it is a straightforward process, but it can be quite complex. Dealing with insurance companies after an accident can be frustrating, and oftentimes, insurance companies will not make fair settlement offers when they know someone is not represented by an attorney. In fact, insurance adjusters will try to pay you as little as little as they can to make your case go away.

If you've been injured in a car accident, you absolutely need to get an attorney. Once you hire an attorney, the attorney will deal with the insurance company and work to get a top offer. Insurance companies tend to make higher offers when attorneys are involved than when people are unrepresented. When you have an attorney, they will work with you to strategically handle your medical expenses to maximize the amount you will actually get in your pocket after settlement. And most importantly, if the insurance company denies fault, our attorneys can file suit for you to have your case heard in court.

As you can see, there is quite a difference in handling an accident case without representation than handling a case with an attorney. If you've been injured in an accident, call the attorneys at Portner & Shure today for a free consultation to discuss your case: (301) 854-9000, (410) 995-1515.

Employee Spotlight October 2016

Join us in welcoming Alma to the Portner & Shure family. She recently joined us as a Spanish-speaking receptionist and legal assistant. Alma’s family is from El Salvador, however, she was born in Washington, D.C. Alma has three children, David, Joel, and Sarah. She also has a three year old Maltese/Yorkie mix named Baby. Outside of work, Alma loves to go hiking with her kids, watch movies, and listen to music. Alma is enjoying her time here at the firm so far and is excited to learn a lot. 

Portner & Shure Awarded Innovation in Client Services 2016 Award

Portner & Shure has been selected by Corporate America as winner of the Innovation in Client Services 2016 Award.  This award we are extremely proud of because our selection was dependent on our client testimonials and recommendations.  We strive to make sure our clients are extremely satisfied with the services we provide them.  With numerous 5.0 star reviews on Google+ and Facebook, our reputation speaks for itself.  We know that quick and easy communication is one of the most important things a client requests from their attorney.  Therefore, we pride ourselves on making sure there is effective and immediate communication with all of our clients so that no question goes unanswered.

Corporate America even acknowledges that Portner & Shure excels beyond its competitors in regards to business acumen, team approachability, and innovation when approaching client services.  As a successful Maryland, DC, and Virginia auto accident law firm, we are very proud to be recognized for an award based solely on outstanding client testimonials. Portner & Shure would not be the firm it is today, with over 25 years of service and $200 million recovered for injured accident clients, without the numerous positive client reviews we receive every day.

If you have been injured in an auto accident in Maryland, call us today for a free consultation. 

Maryland Auto Accident Attorney: Employee Spotlight April 2016

Join us in welcoming Meaghan, our newest workers’ compensation paralegal.  She was born and raised in Maryland, and currently lives in Baltimore with her boyfriend, 2 cats, and a dog.  Meaghan has a degree in criminal justice with a minor in psychology.  She is the founder of a nonprofit in Harford County, which serves the children in the community.  She is also an avid North Carolina Tar Heels fan, and enjoyed cheering them on in the NCAA tournament.  The Orioles and Ravens are also at the top of her list of favorite sports teams too.

Runaway Potatoes on 495 After Truck Overturns in Prince George’s County, Maryland

           Early this morning, a tractor trailer carrying thousands of potatoes overturned on the outer loop of the Capital Beltway in Prince George’s County.  The truck driver was injured in the accident that spilled the potatoes into the median of the highway.  Unfortunately, the driver needed to be flown to shock trauma in order to treat a significant arm injury.  This incident occurred just before the Pennsylvania Avenue exit in the Forestville area. 

            One lane was blocked during the morning rush hour creating a backup on the Capital Beltway.  Highway crews called in tractors to try and clean up the spill of potatoes and remove the overturned tractor trailer.  Police are investigating the cause of the crash and are considering the possibility that the driver fell asleep.  Drowsy driving is a serious problem, especially for truck drivers that are forced to drive through the night to meet deadlines.  To learn more about drowsy driving, take a look at our blog post on the topic.

            While it may be a little comical to see the pictures of potatoes all over the highway, we must remember that someone was seriously injured as a result of the accident.

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/  

Fatal Accident on ICC Near Gaithersburg, First Since 2011

          Last week, a Montgomery County dump truck hauling gravel skidded out of control across the eastbound lanes of the Intercounty Connector (ICC Route 200) and overturned along the median.  A second vehicle was also involved in the crash, but the driver only suffered minor injuries.  Unfortunately, the truck driver lost his life in the crash after being pinned underneath the truck.  He had been a county employee with the Montgomery County Department of Transportation for over 15 years.  The horrific accident scene shows gravel spilled all over the westbound lanes of the ICC and the truck completely smashed and crushed into the median guardrail.  The cause of the accident is unknown at this time and police continue to investigate why and how the truck lost control.

            Maryland Transportation Authority officials say this is the first fatal accident on the ICC since November 2011 when the highway first opened.  The lack of deadly accidents can probably be attributed to the fact that it is a toll road and very few vehicles use the road.  Therefore, with very little traffic, the risk of accidents is much lower than on major highways and roadways.

            Trucks are always at a higher risk of having accidents that result in catastrophic damage and injuries because of their power and large size.  Large trucks, including dump trucks like the one involved in this accident, have extreme difficulty stopping suddenly and have large blind spots which make it tough for truck drivers to see other vehicles around them.  One possible cause of this accident is that the second vehicle was driving next to the dump truck in the truck driver’s blind spot, and the truck driver all of sudden sees the car next to him and starts to lose control of the truck as he tries to steer away from the car he thinks he is about to hit.  Another major cause of truck-involved accidents is distracted driving (i.e. texting while driving, talking on a cell phone while driving, playing with the radio while driving, or adjusting the navigation system while driving). 

            Remember, if you are injured in a car, truck, or motorcycle accident, you should always remain calm and seek medical treatment as soon as possible for your injuries.  In addition, you should never admit liability, even if you are the one who caused the accident.

            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 Rockville or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Potholes Popping Up All Over Maryland and Vehicles Sustain Damage

          Just as warmer weather has made its way into Maryland and the bitter cold winter temperatures retreat, drivers will have to combat potholes on the roads.  The prolonged extreme cold temperatures that froze the state during February combined with excessive amounts of snow and ice are to blame for a bad pothole season.  Several water pipes have burst throughout Baltimore City leading to potholes as well.  The Maryland State Highway Administration (SHA) is “bracing for the worst,” expecting to find many potholes on Maryland’s roads.

            The SHA explained that potholes form “when water seeps into cracks in roads, then freezes and expands, pushing pavement upward.”  Vehicles driving over expanding pavement chips away parts of the road and when combined with plows running over them and the corrosive effects of salt brine used on roadways, potholes appear.

            In the first 9 days of March, AAA received 2,800 tire-related calls for roadside assistance, a significant increase from February.  The increased number of potholes on Maryland roads is likely to blame for the tire damage.  Officials are having a difficult time keeping up with repairing the potholes because of the large number across the state.  The SHA has a goal “to respond to potholes within two days.”  City residents can call 3-1-1 to report potholes to officials.  The City has already repaired 25,000 potholes this year and thousands more will be filled in the coming weeks.

            Driving over potholes can cause severe damage to your car, truck, or motorcycle.  Alignments can be thrown off, tires can be damaged, and rims can be bent.  Sometimes, structural damage to the vehicle can result.  Potholes are especially dangerous for motorcyclists because they can be thrown off their bike and severely injured.  Accidents can also result if a driver is trying to avoid a pothole and crashes into another vehicle.  Another possibility is that the pothole could cause a driver to lose control of their vehicle and get into an accident.

Cities and counties are expected to keep their roads safe.  When they fail to do that and their negligence leads to a car, truck, or motorcycle accident, victims may have a legal claim to seek compensation for injuries, losses, and damages.  It is important that if you are involved in a car, truck, or motorcycle accident that you hire an experienced attorney who can uncover all liable parties and fight for full compensation.

If you or a family member has been injured or killed in a Maryland automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at: http://www.portnerandshure.com/Auto-Accidents/Motorcycle-Accidents.shtml

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/

Hyundai Recalls 263,000 Elantras for Power Steering Issue

Hyundai Motor America just announced a recall for Elantra midsize sedans in the United States and Canada.  Affected cars include model years 2008 to 2010 for the Elantra sedans and model years 2009 to 2010 for the Elantra Touring hatchbacks.  205,000 of the affected Elantras are in the United States. 

            The recall is the result of a power steering issue that can occur if a sensor detects a “discrepancy” in steering input.  The power-assisted steering would then be disabled and manual steering would take over.  While injury will not result directly from this issue, the increased difficulty of steering the car if manual steering takes over raises the risk of a crash, especially at low speeds.

            Although the loss of power steering “has not been considered an official safety defect in the U.S.,” the auto industry has increasingly reported similar problems as a safety recall, as Hyundai did here.  No injuries have been reported at this time.  Hyundai will notify dealers and car owners with affected vehicles of the problem and has agreed to repair all vehicles free of charge.

            Hyundai Elantras are consistently one of the top ten best-selling cars in the United States.  Therefore, it is important for Elantra owners to be aware of the potential steering issue and get it fixed before encountering a problem.

            If you have purchased a car that has recently been recalled, take it to the dealer to get fixed.  Further, if injury does occur, 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 for a free case evaluation at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

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/

New Report Lists 9 Vehicle Models with 0 Highway Deaths

         The number of deaths occurring in automobile accidents on highways has decreased significantly in the last several years.  The Insurance Institute of Highway Safety (IIHS) just published their report for the 2011 model-year of cars.  A “record total” of nine models sold in 2011 have had a death rate of zero, meaning nobody died in a crash while in those vehicles.  The main reasons for fewer car accident deaths are due to improved vehicle design and safety technology that prevents or minimizes the severity of accidents.  These nine vehicles include:

·         Audi A4 4WD

·         Kia Sorento 2WD

·         Honda Odyssey

·         Lexus RX350 4WD

·         Suburu Legacy 4WD

·         Mercedes Benz GL-Class 4WD

·         Toyota Highlander Hybrid 4WD

·         Toyota Sequioa 4WD

·         Volvo XC90 4WD

    The IIHS predicted that if automakers had not drastically improved vehicle safety over the last several years, there would have been “7,700 more fatalities in just the year 2012.”  Another reason that can be attributed to fewer highway accident deaths is the implementation of a new “small offset crash test.”  This test replicates “what happens when two cars clip one another going in opposite directions.”  Some of the new safety technology built into cars such as lane departure warnings, blind spot detection systems, and forward collision warning are working to prevent serious deadly accidents.  In fact, Volvo has said their goal is to have zero deaths in all of their vehicles by 2020.

            Some of the worst vehicles for accident deaths include the Kia Rio, with 149 deaths per million registered vehicle miles, and the Nissan Versa, with 130 deaths per million registered vehicle miles.  A majority of the vehicles with the most death are compact and subcompact cars.

If you or a family member has been injured or killed in an automobile accident, contact Portner & Shure for a free legal consultation or if you would like more information on car accidents at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/  

Maryland’s Cap on Damages Challenged by Maryland Family

           In 2008, Manuel Espina was shot by a Prince George’s County police officer and his family sued the county because the officer was a local government employee.  Maryland has a law from the 1980s that limits the amount of money people can receive when suing a local government employee to $200,000 per plaintiff or $500,000 for claims connected to a single incident.  The Espina family is asking Maryland’s highest court to strike down the law because their damage award of $11.5 million was cut down to $400,000.

            Other localities in Maryland, not surprisingly, have taken the side of Prince George’s County, arguing that “ruling in favor of the family could force local governments to pay out millions more when officers are sued for civil rights violations.”  The family’s attorneys and many civil rights groups believe that having a cap on damages will never deter local governments from combatting police brutality.  Groups such as the American Civil Liberties Union, the Public Justice Center, and the Caucus of African American Leaders all filed briefs supporting the Espina family.  They believe “that larger penalties are necessary to ensure justice in police brutality cases” and “the cap doesn’t deter officers from repeated misconduct—especially if they escape criminal charges over the accusations.”  The police officer involved here was not prosecuted in the killing and a police trial board acquitted him of administrative charges.

            In Baltimore, the cap has saved taxpayers millions of dollars because since 2011, there have been 102 civil suits alleging police brutality and other misconduct, and yet $5.7 million has still been paid out.  Baltimore City, for example, has argued that “the cap is needed to protect budgets and predict exposure for insurance purposes.”    So while local governments are worrying about their budgets, families of victims of police brutality or other misconduct are limited to a few hundred thousand dollars in damages for their loss, even when juries return multi-million dollar damage awards.  The cap has been challenged and upheld numerous times.  It will certainly be interesting to see if the Maryland Court of Appeals holds its ground and upholds the cap, or if this case is ripe for overturning it.

5 Virginia Family Members Killed in Truck Accident

            While driving on Route 50 early Saturday morning in Wye Mills, Queen Anne’s County, Maryland, a family of 5 from Virginia was involved in an accident with a tractor-trailer.  State police said the truck was carrying a 22-ton load and “collided with the car at about 1:15am at Routes 50 and 213.”  Police believe that the tractor-trailer then rolled over the car with the Virginia family, killing everyone inside.  The truck driver was flown to Maryland Shock Trauma in Baltimore.  Police are still investigating the cause of this crash, but do not believe alcohol was involved.

            Truck accidents are common on highways because of increased traffic on the roadways.  This accident occurred on a lesser travelled highway and at a time when few cars are on the road.  Since the cause of the accident is still unknown, it is difficult to determine who was at fault.  In order to obtain large settlements or verdicts in truck accidents, it is necessary that you hire an attorney who knows and fully understands federal and state trucking regulations. The experienced attorneys at Portner & Shure have handled countless commercial truck accident cases resulting in large recoveries.

Some of the most serious truck accidents involve an override collision or an underride collision. An override collision involves a truck driving over an automobile. This type of accident usually occurs when a smaller car follows too closely behind a truck and drives under the truck when it suddenly stops. An underride collision involves a vehicle travelling under the truck where the roof of the car is crushed or stripped.  This accident does not appear to fit in to either of these categories of truck accidents, however, one of the following causes could explain why this accident happened.

Common causes of trucking accidents include:

·         A truck driver’s lack of training

·         Overloaded or oversized trucks

·         Dangerous driving conditions (rain, snow, ice, or fog)

·         Speeding, aggressive or reckless driving

·         Driver fatigue

·         Illegal maneuvers

If you or a family member has been injured or killed in a truck accident, contact Portner & Shure for a free legal consultation or if you would like more information on truck accidents at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Auto-Accidents/Truck-Accidents/ 

Dog Attacks and Kills its Owner in Frederick, Maryland

A Frederick, Maryland man, Eugene W. Smith, was taking down his Christmas tree, when all of a sudden his 84-pound pit bull started attacking him.  Mr. Smith rescued the dog back in May and the dog had been living with him, his son, and his son’s fiancé ever since.  When officers arrived to the house, they subdued the dog and Mr. Smith was taken to the hospital.  Unfortunately, the injuries sustained from the attack were too severe and he passed away.  Frederick County animal control officers removed the dog from the home and euthanized it.  In this case, it does not appear that anyone was necessarily at fault, and it was just a very unfortunate situation.

However, if you are the victim of a dog bite in Maryland, you may be entitled to compensation from parties that you may not readily realize. In order to ensure that you are being fully compensated, it is important to contact an experienced dog bite attorney. Below are four potential parties who may be liable for your dog bite:

·         A dog owner is responsible for a dog bite attack if the owner kept a dog which he knew to be dangerous or had previously bitten someone. This rule is known as the “one free bite” rule.

·         A dog keeper is responsible for a dog bite if they had prior knowledge that the dog had previously bit someone, or if the dog keeper knew the dog to be a dangerous dog.

·         A landlord, one who has the right to control the dog’s presence on the premises of where the bite occurred, may be held liable for the injuries of a dog bite if the landlord knew that the dog was a dangerous dog.

·         Landlords of a commercial property, such as a shopping center, may be held liable for a dog bite. If you are on commercial property, the land owner has a duty of reasonable care to keep the premises safe and to protect you from dangerous situation.

If you or a family member have been injured by a dog bite or attack, contact Portner & Shure for a free legal consultation or if you would like more information on dog bites and attacks at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Personal-Injury/Dog-Bites/