Pedestrian Fatally Hit By Driver Near Silver Spring, Maryland

           Yesterday morning, an 83 year old woman was driving down Randolph Road when she suddenly drove across three lanes of traffic.  As a result, she hit a utility pole and Maria Posadas as she was standing on a neighbor’s driveway.  Posadas died from her injuries, while the elderly driver only suffered minor injuries.  Montgomery County Police are still investigating what caused the 83 year old to swerve across three lanes and hit Posadas and a power pole.

            

           This accident brings up an interesting issue that many people worry about: how safe are elderly drivers on the roads?  Today, the population of licensed drivers over the age of 70 has increased 30% since 1997.  However, with more elderly drivers on the road, fatal crashes involving a driver 70 or older have decreased significantly since the peak in 1997.  Although many people believe that the elderly cause more accidents than any other age group, statistics actually show that is not true at all.  In fact, fatal crashes involving elderly drivers are much less than fatal crashes involving teen or middle-aged drivers.  Studies also show that requiring some sort of driver education for drivers when they reach a certain age has very little safety benefits.

            

            Pedestrian safety affects everyone at all times of the day.  Many pedestrian accident injuries and fatalities are caused by intoxication or inattentiveness (i.e. texting while walking) on the part of the pedestrian.  However, sometimes there are negligent drivers who run through a crosswalk filled with people, hit someone, and keep driving.  Out of all the fatal pedestrian-involved accidents in Maryland, about 70% of the time the pedestrian was at fault for the accident.  In this case, Posadas was not at fault because she was not crossing a street.  Instead, another driver veered off the road and hit her while she was standing in a residential driveway. 

If you or a family member has been injured or killed by a driver as a pedestrian 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 Silver Spring or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Silver Spring Doctor Who Broke Wrist in Hospital is Awarded $4.4 Million by Jury

             An incident dating back to November 2010, when Dr. Vikramaditya Reddy slipped and fell on a waxed floor at Holy Cross Hospital in Silver Spring.  According to Reddy’s attorneys, there were no signs visible that warned him of a slippery, just-waxed floor.  Reddy brought suit against Crothall Healthcare, Inc., the company responsible for training and supervising hospital employees in proper maintenance of the facility.  The largest part of the damage award is for future lost wages because as a result of the injuries sustained in the fall, Dr. Reddy can no longer perform the types of surgeries as part of his medical practice.  The award was calculated as follows: $3.7 million for future lost wages, $561,000 for past lost wages, $39,000 for past medical expenses, and $33,000 for noneconomic damages. 

The jury found that Crothall Healthcare failed in warning about the hazard of freshly waxed floors and the risk of injury associated with it.  Crothall Healthcare continued to deny any responsibility for causing the accident, but the jury found that because they were responsible for training hospital employees in proper facility maintenance they should be the ones held liable for the lack of warning signs for waxed floors.

Property owners have a responsibility to maintain safe premises for others who are on their property and a duty to warn visitors of potentially hazardous conditions.  When they fail to keep their property safe and fail to warn of unsafe conditions, such as a waxed floor, they can be held accountable for injuries that result.  In this case and in most cases just like it, the victim is often awarded significant damages as compensation for injuries.

If you or someone you love has been injured in a slip and fall or has died as a result of their injury suffered in a Maryland accident, and would like more information, please call us at (301) 854-9000 to schedule an appointment for a free case evaluation at our Silver Spring office or one of our many other offices located throughout Maryland, or visit us online at: http://www.portnerandshure.com/Personal-Injury/Premises-Liability.shtml

Children’s Train Ride Falls Over, Injures 20 in Prince George’s County, MD Park

           A popular toy train ride at Cosca Regional Park in Prince George’s County, Maryland overturned yesterday.  Twenty people, including children, are being treated for injuries.  Due to the high number of patients injured, the hospital is treating it as a high casualty incident.  Fortunately, most of the injuries are only minor and everyone is expected to survive.

            The ride uses a tractor that is designed to look like a train.  At the time of the accident, approximately thirty people were on board.  The train engine flipped over, but the passenger carts behind it did not.  However, when the front car flipped over, uncontrollable turbulence sent occupants tumbling down a hill. 

The cause of the accident is not known at this time and is still under investigation.  If the operators of the train ride were negligent in any way for causing the accident, it is possible for those injured to bring a personal injury claim against them.

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

 

Automated Cars: Cool Technology, but Who is Liable in a Car Accident?

          As cars become more technologically advanced, more and more questions arise in terms of accidents, liability, and safety on roadways.  Many new cars, trucks, and SUVs today come equipped with self-parking and braking capabilities.  Furthermore, several car manufacturers have built and are testing self-driving vehicles.  For example, Google-made cars have already taken the roads, as well as the first tractor-trailer approved to drive itself on Nevada highways that was created by Freightliner and Daimler. 

But, how safe are these automated cars and will they actually reduce the number of accidents?  The National Highway Traffic Safety Administration (NHTSA) seems to think so and strongly supports the new technology.  Tens of thousands of Americans die every year as a result of traffic accidents and over 2 million more people are injured.  The NHTSA believes that by reducing the role humans play in driving cars, accidents will greatly be reduced.  However, just because vehicles can operate on their own does not mean that an experienced driver will no longer be needed behind the wheel.  The best example used to refute that myth is an airplane pilot.  Airplanes are filled with technology that practically let them fly by themselves (i.e. autopilot), but pilots have some of the most extensive training and experience that allow them to be able to operate a plane in the event autopilot fails.  While most of the time technology works perfectly, it is far from perfect.

The biggest problems that we will face when most cars on the roads are automated will be driver engagement and who is liable in the event of an accident.  If the car is able to perform all aspects of driving on its own, why would the “driver” need to remain engaged with the road and the surroundings?  Distracted driving with texting and cell phone use will become even more rampant than today because people will not be required to actually “drive” and operate their vehicles.  To combat this potential problem, some car manufacturers such as Mercedes-Benz and Tesla have special sensors that force a “driver” to prove they are engaged with the car every so often.

As to the other problem of liability in this new world of self-driving cars, will car manufacturers start being held liable instead of the “drivers?”  While the number of human-caused accidents will likely decrease, the number of accidents caused by system errors will likely increase.  If an accident is caused because of a technological error in the car, can the car manufacturer be held liable in a personal injury suit?  That question remains to be seen.  It is certainly very interesting to think about and we will see what happens in the future as more and more self-driving vehicles are allowed on the roads.

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

Deadly Accident on I-695 in Baltimore County

           An Arnold woman was driving with one other passenger on the outerloop of I-695 last night when her Hyundai Elantra left the roadway on the right shoulder near the Baltimore National Pike exit just past I-70.  The driver crashed in to a parked State Highway CHART vehicle that was on the side of the highway helping a driver who had run out of gas.  Sadly, the passenger in the Hyundai died as a result of the crash and the driver was seriously injured.  Luckily, no other cars or people were injured in the accident.  Police officers closed the outerloop for several hours last night while they investigated the cause of the accident.  Weather was not a factor in the crash, but police continue to investigate why the Hyundai ran off the road.

            This accident is just another reminder of the dangers that can occur on the side of the road on highways.  Drivers can easily lose control of their vehicles and run off the road.  When that happens, anyone who is pulled over on the side of the road is in danger of being hit.  If you remain in your vehicle, you are protected much better than if you are standing outside of your vehicle.  Cars on a highway like I-695 are driving at speeds up to 80mph, and if any one of those drivers loses control of their vehicle, a person on the side of the road could easily be killed.  Many people think they are safe and out of harm’s way because they are on the side of the road, but these people would be wrong.  In fact, people on the side of the road are in more danger than drivers still on the highway, especially if they are outside their vehicle changing a tire or performing some other car maintenance.  Remember, if you are on the side of the road, use your hazard lights, pull as far away from the road as possible, and if you must be outside of your vehicle, wear bright-colored clothing that drivers can see.

If you or a family member has been injured or killed in a pedestrian accident on the side of the road 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 Towson or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Riverdale, Maryland Police Looking to Catch Distracted Drivers

           Drivers in Riverdale, Langley Park, and Fort Washington should be on the lookout for increased police patrols in the coming weeks.  April is Distracted Driving Awareness Month, and as a result, Maryland police officers are trying to catch drivers who are using their cell phones while driving.  Officers will not hesitate to pull drivers over if they look like they are not paying full attention to the road while behind the wheel. 

            For the past week, police have been targeting drivers near the toll facilities in the state.  The Maryland Transportation Authority considers distracted driving as “any activity that could divert a person’s attention away from the primary task of driving.”  This includes using a handheld cell phone to make a phone call, text, or use any other application.

            If police catch you for a first offense, the fine is $83.  However, if you are caught for a third time, the fine is $160.  Additionally, if a crash occurs, points may be added to your driver’s license.  The strictest penalty is imposed when a distracted driver causes a serious or fatal accident ($5,000 fine and up to one year in prison).  According to Maryland’s MVA, “Distracted driving is involved in 58 percent of total crashes and half of all fatal crashes statewide.”  Studies also show that a driver is three times more likely to be involved in a crash wen reaching for a phone and looking for a number.  Texting while driving doubles the likelihood of being in an accident.

            Your phone calls and text messages can wait, but your life and the lives of others cannot.  Far too many people are killed in accidents every year caused by distracted drivers using cell phones and not paying attention to the road. 

If you or someone you love has been injured in a distracted driving car, truck, or bus 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 to schedule an appointment for a free case evaluation at our Silver Spring office or one of our other Maryland offices, or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml  

Maryland’s Civil Suit Damages Cap Increase Will Take Effect October 1, 2015

           Late last night, the legislative session for Maryland in 2015 ended.  One of the more newsworthy bills to pass in both the Senate and House is the Local Government Tort Claims Act, which increases the civil damages cap from $200,000 to $300,000 for harmed individuals and an increase in the total amount of damages in a single lawsuit from $500,000 to $600,000.  Assuming Governor Hogan signs off on approval of the bill, this new law will take effect October 1, 2015.

            This is certainly a step in the right direction for injured victims, but still is not enough to fully compensate those suffering severe, debilitating injuries where medical costs can easily exceed one million dollars over the span of one’s life.  With a cap at $600,000, injured victims will likely not be able to afford necessary medical care for the entirety of their lives.  Prior to the official passage of the bill yesterday, Maryland Senator Bobby Zirkin made comments last week expressing his disappointment in the very small increase in the damages cap.  Senator Zirkin said, “The $300,000 limit…would not even cover the medical expenses of many individuals harmed through the negligence of a government agent such as a police officer.”

            As a Maryland personal injury law firm that has represented numerous clients in cases involving civil damages over the last twenty-five years, we are happy to see legislators recognize the need to increase the cap, but also agree with Senator Zirkin in that the increase is not enough.  Oftentimes, our injured clients have suffered catastrophic injuries and require expensive medical care and treatment for the rest of their lives.  A maximum of $600,000 in a single lawsuit will not cover these expenses.

            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 at one of our office locations in Columbia or throughout Maryland 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 Senate Considers Bill that Doubles Civil Suit Damages Cap

          Maryland’s civil suit damages cap has been a hot topic recently after Maryland’s Court of Appeals ruled that the lower court in Espina v. Jackson correctly reduced the jury’s award of $11.5 million to $400,000 ($200,000 for wrongful death and $200,000 for injuries suffered).  A new bill that would double the cap that local governments would pay to plaintiffs in civil suits ($200,000 increased to $500,000 for individual claims and $500,000 increased to $1 million for total awards from a single case).  House Bill 113, the House version of the bill, passed last month.  This week, the Senate Judicial Proceedings Committee backed the bill and it could go to a vote before this year’s session is over.

            Proponents of the bill make the same argument that Espina’s attorneys made in the Court of Appeals: “the current law is outdated and those who have been wronged by the government should receive a proper remedy.”  Those opposing the bill argue that by increasing the cap, local government budgets could be “strained” by “frivolous lawsuits.”  It is interesting to note that the current cap has been in place for 27 years without a single increase.

            Espina and her attorney testified in favor of House Bill 113 in a recent Senate Committee hearing.  When the cap was initially created in the 1980s, the purpose was to make sure cities were not being bankrupted in “suits involving civil rights.”  Today, society has changed since the 1980s, and victims of police brutality and other incidents involving state employees deserve adequate compensation and offenders need to be held more accountable for their actions.

            With the Court of Appeals’ holding coming out just weeks ago upholding Maryland’s cap on damages in civil suits, it appears more difficult for this bill or any similar bill to pass in this year’s session.  But, it will still be interesting to see what, if anything, happens with House Bill 113 or the Senate version of the bill.

            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 at one of our office locations throughout Maryland 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/

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 Workers’ Compensation Benefits

Here we outline the differences between temporary and permanent benefits, as well as total and partial disability benefits under the Maryland Workers’ Compensation Act:

1.      Temporary Total Disability Benefits

If an employee’s injury results in the person being completely disabled for all work purposes, the employee may receive temporary total disability benefits.  If this period of disability or “healing” is fourteen days or less, the benefit payments are not allowed for the first three days (except for payments for hospital, nursing, or other medical services).  If the “healing” period is longer than fourteen days, then the compensation is allowed to be paid immediately.

 

2.      Temporary Partial Disability Benefits

These benefits are intended to replace, in part, some of the income being lost during the period of not working.  These benefits may be paid to an employee who is not totally disabled during the recovery period and is still able to perform some work duties at a lower wage.  The employer or its insurer pays the covered employee compensation equaling half of the difference between average weekly wage of employee before injury and the average wage after injury while temporarily disabled.  The average Maryland weekly wage is calculated every year by the Department of Labor, Licensing, and Regulation.  Benefits to covered employees can never be less than $50 per week.

3.      Permanent Total Disability Benefits

In Maryland, the loss of any of the following is considered a permanent total disability: both arms, both eyes, both feet, both hands, both legs.  In addition, the loss of any two of the following constitute a permanent total disability: an arm, eye, foot, hand, or leg.

4.      Permanent Partial Disability Benefits

Injuries that result in a permanent impairment, but are not as severe as to leave a worker totally disabled, are covered by permanent partial disability benefits.  Benefit payments for permanent partial disability continue for a certain period of time that is determined by which part of the body is injured.  For example, the loss of a vital body part such as the thumb will result in longer payout periods than the loss of a pinky finger.  Once the period is over, no more payments are made.

If you or someone you love has sustained a work injury in Silver Spring, Maryland, or would like more information on workers compensation, please call us at (301) 854-9000 for a free consultation or visit us online at: http://www.portnerandshure.com/Workers-Compensation/Permanent-Total-Disability.shtml  

Silver Spring Workers’ Compensation Attorney

According to the Maryland Workers’ Compensation Commission Annual Report for 2014, which covers injured employees from the Silver Spring area, the top four industries accounting for the most workers’ compensation claims are policemen and security, truckers, colleges or schools (including daycare centers), and hospitals.  In addition, the most prevalent injuries included those to the lower back, shoulders, and knees.  Further, the report showed that 41 people died as a result of their workplace injuries, which is up almost 14% from 2013, but down substantially from three years ago when 57 people died.

Portner & Shure attorneys have represented clients in workers’ compensation cases for more than 20 years.  In addition, our attorneys have extensive experience dealing with insurance companies, employers and the government with respect to obtaining injury benefits.  When you are in an accident at work, you are entitled to workers’ compensation benefits whether you, another employee or your employer is at fault.  Maryland law specifically states that workers’ compensation only covers “accidental personal injury arising out of and in the course of employment.”  If you are in an accident while on the job, you must notify your employer of the problem and seek medical attention if necessary.  In addition, the Maryland Workers’ Compensation Commission may have to be notified of the injury.

If you or a family member has been injured as a result of an injury at work and would like a free legal consultation, or if you would like more information on workers' compensation, please feel free to contact one of our top rated Silver Spring workers' compensation lawyers at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Workers-Compensation/