Maryland Car Accident Blog

Ten Things You Need to Do for Your Automobile Accident Case After You Hire a Maryland Personal Injury Attorney

2012-01-06T20:49:55Z

Hiring the best Maryland or Virginia automobile accident attorney does not mean you no longer have any responsibility for your accident claim. In fact, at Portner & Shure we ask all of our Howard County accident clients to do these ten things in each claim. In our experience, the client who works closely with our office helps ensure a good medical result and greater recovery. Below is a list of what you should expect to be your responsibilities:

1. During the first two days after your Maryland or Virginia automobile accident if you are hurt you must seek medical attention. All insurance companies value claims based on what the medical documentation reveals. An indication that a person was truly hurt in a Maryland or Virginia automobile accident comes from medical documentation close in time to the accident.

]]> 2. Immediately give all insurance information for your insurance carrier and the liability carrier and health insurance to a Portner & Shure paralegal. Cease all communication with both carriers.

3. During the week after the Maryland or Virginia automobile accident, work closely with a Portner & Shure paralegal on all issues concerning your car repair, rental and/or total loss figures. Communicate closely with the paralegal on all issues concerning the storage cost. Cars should not be in storage for more than three to four days.

4. Within a week of the Maryland or Virginia automobile accident seek follow-up medical attention with a doctor who can get you better and is respected by the major automobile insurance carriers. Further medical attention can be obtained with an orthopaedic doctor, a chiropractor, a neurologist or an acupuncturist. Acupuncture presents a problem with billing unless the acupuncture is prescribed by a medical doctor. Unlike less experienced Maryland or Virginia injury attorneys, we do not allow our Chinese speaking accident clients to see an acupuncturist unless they are also seeing a medical doctor. Doing so drastically reduces the value of the claim.

5. Keep a diary on the computer or a notebook of events and problems that occur as a direct result of the Maryland or Virginia automobile accident. Anything at all that occurs to you, even if you think is insignificant, may be important but forgotten later if not recorded timely. Examples, your pain, what you can and cannot do, missed work or school, trouble sleeping, irritability, inability to exercise and weight gain. Missed trips or travel plans.

6. You will be provided with a list of all records and bills in your Maryland or Virginia automobile accident case by a Portner & Shure paralegal before a demand is sent to the insurance carrier. Review the following:

a. list of all medical providers to ensure no doctor reports are missing;

b. list of all medical bills to ensure no treatment expenses are missing;

c. lost wage statement

d. draft demand letter (in all large Maryland or Virginia personal injury cases, the client should review the demand. This way you can ensure that diary notes are included in the demand).

7. Negotiations. In each case approximately six weeks after the demand is sent to the insurance company, negotiations will occur. An attorney from the Portner & Shure personal injury team will obtain an offer from the carrier, work on bill reductions and then call you with two figures. One will be the offer from the carrier, the other is your net recovery. The accident lawyer has years of experience and will make a recommendation as to accepting the offer or filing a Maryland or Virginia lawsuit. However, the decision to accept, or sue, is completely yours. If you accept you will be forwarded a settlement memorandum to sign, showing a breakdown of all expenses, the offer and the net recovery for the Maryland or Virginia automobile accident claim.

8. If a lawsuit is filed in either the Maryland or Virginia Courts, your role will be more involved. However, the bulk of the work will be done behind the scenes by Portner & Shure's personal injury litigation team. This team has obtained several huge recoveries lately, landing Mr. Portner in the select Million Dollar Advocacy Forum. Only 1% of all United States lawyers are eligible to be members. Your role in the litigation will include the following:

a. verifying certain facts so the Maryland or Virginia Complaint filed is accurate;

b. answering written discovery;

c. possibly coming to our office to prepare for a deposition, and then attend the deposition;

d. possibly attending a settlement or mediation conference;

e. possibly coming to one of our Maryland or Virginia offices to prepare for a trial and then attending a trial.

9. Whether your accident case is one where suit is filed, or settled at the claims level, in the age of social media all clients now have an additional obligation. The obligation is to ensure that what you are telling our office and your doctors, is consistent with what is being shown or written about by you on Twitter and/or Facebook. Insurance adjusters and opposing attorneys now review these social media entries and pictures of people making automobile accident claims. Therefore, if you say you can't walk or get out of bed, Facebook photos should not show otherwise.

10. If English is your second language you can not use this as an excuse to not perform all of the above.

In fact, if you speak Spanish, Chinese or Korean and had a Maryland or Virginia automobile accident, we will ask that you do the following:

1. Meet directly with one of our Spanish, Chinese, or Korean speaking staff members;

2. In person or the telephone discuss with one of our Spanish speaking, Chinese speaking (Mandarin or Cantonese), or Korean speaking Paralegals, the following:

a. all facts concerning the Maryland or Virginia automobile accident;

b. all facts concerning your injuries and damage to your car;

3. Communicate with our office on a monthly basis and specifically speak to a Spanish, Chinese, or Korean speaking staff member with respect to any concerns and the status of your treatment for the Maryland or Virginia automobile accident.

Common Mistakes Made by Young Maryland Drivers

2012-01-06T20:37:49Z

Maryland and Virginia teenage drivers are four times at greater risks for automobile accidents than older adults. Reasons include, inexperience dealing with emergency situations, distracted driving and the desire to show off. Below are some interesting findings and a further reason to have your teenager sign our Young Driver Contract.

Being distracted

Cell phones, CDs, food and text messaging, pose serious distractions to all drivers. Recent studies, however, with respect to teenage driving are revealing in this regard. First, one study done by State Farm Insurance reported 89% of teens noted they saw other teens driving and talking on their cell phones. Further, many have admitted during the same, and more than half said they observed their peers using ipods or text messaging while driving.

Any form of distraction increases the likelihood of a Maryland or Virginia car accident. In fact, a recent study of drivers in the Maryland and Virginia area concluded that distracted driving contributed to 80% of all collisions.

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Taking risks

Risks include ignoring traffic signals, or school zone signs and changing lanes without checking blind spots. Teenage brains are predisposed to more risk taking. Recent studies have revealed that when confronted with risky choices, teenage brains exhibit twice as much activity in the impulse area.

Speeding

Recent studies reveal that teenagers in the Maryland and Virginia area drive faster than all other drivers in the area as a whole. Speeding is the cause of one-third of the fatal motor vehicle accidents in the Maryland and Virginia area. This total is 50% more than the total for crashes for those 20 to 40 years old.

Overcrowding the car

A crowded car for a teenager results in more aggressive driving. A NIH study found that when accompanied by male passengers in the front seat, teens of both genders speed more and leave shorter following distances. The same trend exists for teenage girls driving with other girls. Worse yet, another study found that with two passengers Maryland and Virginia 16 year old drivers were at nearly twice the risk of having a fatal accident, and with three or more passengers the risk was nearly triple.

Driving under the influence

Recent studies reveal that approximately 40% of Maryland and Virginia high school seniors have drank alcohol in the last month. More problematic, however, is because teens take more chances after drinking, more than half of those in fatal accident were found to have not been wearing seatbelts.

Following too closely/Driving unbuckled

At 60 mph a typical car needs between 120 and 140 feet to stop. In fact, 60 mph translates to 88 feet per second. A recent study of teen drivers revealed that teenagers left less following distance behind the car ahead than other drivers. Worse, another study by NHTSA reported that approximately one quarter of drivers 16 to 24 do not wear seatbelts.

Inability to handle emergencies / driving drowsy

Knowing how to avoid an accident comes with driving experience. Young drivers make mistakes because they don't know how to apply the brakes correctly in certain situations, or are not aware of how to handle the car when it goes into a skid.

Drowsiness affects the kids who burn the candle at both ends, also known as "over achievers". It is a known fact that sleep deprivation contributes to thousands of automobile accidents in Maryland and Virginia each year.

How Some Law Changes Could Reduce Fatal Automobile Accidents in Maryland

2011-12-19T19:40:03Z

Hundreds of lives could be saved in both Maryland, D.C., and Virginia, over the next five years if the legislature passed more phased-in driving privileges for teens. Across the nation, and in the Maryland and Virginia area, motor-vehicle crashes are the leading cause of death for teens. In fact, per each mile driven, drivers ages 16-19 are four times more likely to be involved in an automobile accident.

]]> Experts have noted that graduated driver licensing (GDL) programs for teens reduce the death and accident tolls significantly. In fact, they have identified several components that constitute a strong GDL. Amazingly, only two states, New York and Delaware have programs with all seven.

The seven components are as follows:

1. A minimum age of 16 for a learner's permit (Maryland now has);

2. Six months of supervised driving before unsupervised driving;

3. A minimum of 30 hours supervised during learner's stage (Maryland now has a supervised hour requirement);

4. A minimum age of 16 ½ for intermediate licensing (Maryland now has);

5. Intermediate night-driving restriction beginning at 10p.m. (Maryland now has a night driving privilege);

6. No more than one non-family member passenger for intermediate license holders (Maryland now has);

7. A minimum age of 17 for a full license.

The last restriction could place undue hardship on many working families in Maryland and Virginia who rely on their teenagers to help with car pool. As a result, while it saves lives, it seems unlikely to become law in our area.

Five Social Media Tips for Maryland Injury or DWI/DUI Clients

2011-12-19T18:12:03Z

Thousands of Portner & Shure's personal injury and criminal clients, in both Maryland and Virginia, log onto social media sites every day to chronicle their personal and professional lives. These sites create a virtual gold mine of potential legal liability and discoverable information that may have a devastating impact on the outcome of both a Maryland or Virginia accident, or criminal case. One of the first lawsuits to be filed over social medica activity involved country singer, Courtney Love, who was sued by her former designer for defamation concerning alleged damaging statements posted by Love on her Twitter account. Love's supposed damaging tweets were "published" to her 40,000 Twitter followers, and set the stage for the world's first well-known social media suit.

]]> 1. Social media content may be used in the courtroom, or by insurance adjusters in matters involving personal injuries, including Maryland and Virginia automobile accidents, workers' compensation and medical malpractice cases. Social media users often post information about vacations, participating in sports or other activities. These posts may be inconsistent with claimed injuries. Information and comments posted by Maryland or Virginia accident injury victims on Facebook, Twitter or blogs, may be admissible at deposition or trial and could destroy or dramatically reduce the value of a Maryland or Virginia injury case. Five years ago a personal injury client at Portner & Shure would be warned that insurance companies may hire an investigator to follow them and video their daily activities. While this practice is now decreasing, the use of adjusters reviewing Facebook or Twitter posts in a Maryland and Virginia in a personal injury case is now on the rise. Be advised that everything a personal injury client is putting on Facebook or Twitter may be reviewed by an insurance adjuster to reduce the value of a Maryland or Virginia automobile accident, workers' compensation or medical malpractice claim. Below are some examples to take into consideration:

a. In one case a woman was claiming that because of her back injuries, suffered in a Maryland car accident, she could no longer walk. An adjuster reviewed her blog posts. In the blogs she described taking belly dancing classes for years. She in fact even posted photo's of her dancing at monthly performances. The photos and blog posts were later shown to her treating physician. The doctor testified that he was:

unaware of the woman's belly dancing classes
unaware that she had been doing belly dancing monthly performances
unable to state she was not physically capable of employment

b. A second time Maryland DUI client recently wondered why he was facing a probation revocation after boasting on Facebook that he just went to a concert and smoked marijuana.

c. The Workers' Compensation Commission recently stopped a clients benefits after an adjuster learned he was making money selling personal items on Craigslist.

2. Under current Maryland or Virginia rules it is not unfair or unethical for a defense attorney or insurance adjuster to collect evidence from your Facebook or Twitter posts. Ethical rules are slowly developing with respect to the boundaries of investigators using social media to destroy or limit Maryland and Virginia automobile accident, workers' compensation or medical malpractice claims. In fact, no hard and fast rules have yet emerged. As a result, you cannot claim foul or unfair, once the damaging information passes into the hands of unwanted persons. At this stage, defense attorneys, insurance defense paralegals, and investigators maybe using "friend requests" to gain access to online information of Portner & Shure automobile accident clients.

3. Social media can be used to attack the need for medical treatment, or the actual testimony of your doctor in a Maryland or Virginia automobile accident, workers' compensation or medical malpractice case. The activities you talk about on Facebook or Twitter, i.e. running, working out, raking leaves, skiing, cannot in anyway be consistent with what you are telling your doctor you cannot perform. In the event that they are, and this is discovered after the course of medical treatment, all the medical bills and treatment may be called into question.

4. At trial credibility (believability) of an accident victim or DUI defendant is at issue. In other words, the outcome often hinges on whether the jury believes this one persons account of what occurred. Social media posts can destroy a plaintiffs credibility. Credibility will cause irreparable damage, if evidence of activities is not inconsistent with the claims made to a medical doctor.

5. In light of the above, we suggest you make sure the following changes while using Facebook or Twitter if you have an active Maryland or Virginia injury case.

a. Check the privacy settings on your accounts and make sure you only share information with people you trust. Never accept a friend request or invitation from someone you don't know;

b. Assume the insurance company and defense lawyers have access to everything you post. Avoid talking about, mentioning, or referring to your case in anyway so that nothing can be used against you in court;

c. Don't put any photos or videos of yourself on Facebook, even if they are from before the accident occurred. Ask your friends to avoid putting any pictures or videos of you on Facebook, and even if they do, request that they be removed or untag yourself right away;

d. Don't engage in any conversations about your injury case in online forums, blogs, chat rooms, message boards or even email;

e. If you are a Maryland or Virginia Chinese speaking, Korean speaking or Spanish speaking automobile accident victim, these rules also apply to you. Insurance companies are using interpreters to go through Facebook, Twitter and blog posts.

Maryland Trucking Company Declared "Imminent Hazard to the Public"

2011-12-02T17:07:34Z

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) declared Maryland-based trucking company, Gunthers Transport, LLC, an imminent hazard to public health and ordered the trucking company to immediately cease all transportation services. FMCSA issued an imminent hazard out-of-service order against Gunthers following an exhaustive review of the company's operations, which found multiple hours-of-service and vehicle maintenance violations. "Safety is our number-one priority," said U.S. Transportation Secretary Ray LaHood. "Commercial truck companies that recklessly disregard federal safety regulations will be shut down and removed from our roadways."

]]> Gunthers was immediately shut down after FMCSA safety investigators found patterns of hours-of-service and vehicle maintenance violations that substantially increased the likelihood of serious injury or death to the motoring public. FMCSA discovered that the company allowed its drivers to falsify their hours-of-service records and exceed the 11-hour limit for daily driving. In addition, Gunthers did not require its drivers to perform pre-trip vehicle safety inspections, operated trucks that were in such poor condition they were likely to break down and posed a high crash risk based on its on-road performance record. One Western Maryland man, injured 17 years ago as a result of truck accident involving Gunthers' tractor trailer, was left crippled suffering from severe brain damage. The Western Maryland man, who is now 49 years old and living in a nursing home, won a lawsuit where a jury awarded him $13 million for his care. He has not seen a penny of that money because Gunthers declared bankruptcy and reformed under another name.

There is a new proposal for trucking regulations that involves decreasing the amount of consecutive hours that a trucker can drive from 11 to 10. Lobbyist from both sides have been arguing their case in Washington, D.C., including a Maryland man who lost his wife as a result of a truck accident. In addition to the loss of his wife, both of the Maryland man's sons were seriously injured as a result of the truck accident. Somehow the argument has become a partisan issue. Republican lawmakers and pro-trucking lobbyists argue that a reduction of the hours from 11 to 10 could cost the trucking industry millions of dollars during an already difficult economic time. The families of those who have lost loved ones, as a result of a tractor trailer accident, argue that the issue is not a Democrat/Republican issue but an issue of public safety.

Hand-Held Cell Phone Use by Drivers of Buses and Large Trucks Banned

2011-12-02T16:44:26Z

U.S. Transportation Secretary announced a rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicle. This new rule is certainly news to me. I would have thought that this rule was in affect for some time. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest effort by the U.S. Department of Transportation to end distracted driving. Personally, the fact that the rule was not in affect until now is alarming. When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds the consequences can be deadly. This rule will save lives by helping truckers stay focused on safety at all times.

]]> The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver's commercial driver's license (CDL) after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. Approximately four million commercial drivers would be affected by this final rule.

While driver distraction studies have produced mixed results, FMCSA research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a bus crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a truck crash or other safety-critical event. Nearly 5474 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research. Many of the largest truck and bus companies, such as UPS, Covenant Transport, Wal-Mart, Peter Pan and Greyhound already have company policies in place banning their drivers from using hand-held phones. If you our someone you know has been injured as the result of a truck accident contact our Maryland truck accident lawyers and Virginia tractor trailer accident attorneys.

Some Maryland Roads Are More Dangerous Than Others

2011-11-03T19:52:22Z

Mountain Road in Anne Arundel County, also known as State Road 177, has seen many sad memorials in recent years. At least twenty people, many very young, have died in automobile accidents along the 11-mile stretch since the early 1990's. At least fourteen have died in car accidents along the road in just the last decade. The road basically causes the loss of one life a year.

It is simply a once-pastoral suburban byway that now experiences a heavy traffic load. For many residents of Pasadena, there is no alternative route. The State Highway Administration (SHA) acknowledges that the road has an unusual configuration. Not surprisingly, most of the accident victims have been Pasadena residents.

]]> Some things on the road clearly stand out. First, near Fairwood Court, and just east of a sharp curve, there is a building that sits no more than twelve feet from the westbound travel lane.

State Highway Administration figures show that parts of Rt. 177 carry 26,530 vehicles per day. Nevertheless, for much of its length Mountain Road is just a two lane road with a scary reverse lane in the middle designed to relieve peak-hour congestion. Shoulders are limited and countless fixed objects are just a few feet from the edge of the pavement. Including, buildings, trees and utility poles. There is little room for driver error on Mountain Road.

As if things weren't bad enough, SHA figures show there were at least 107 fatal and non-fatal crashes related to drunk driving on the road from 2001 to 2010. In fact, Mountain Road has the highest rate of drunk driving arrests and crashes in Anne Arundel County.

Without more land for expansion and a lot of money, there is no real solution

Uninsured or Underinsured Motorist Coverage in Maryland

2011-10-31T13:33:58Z

A large number of Maryland drivers are uninsured. Too often these individuals cause automobile accidents that result in injuries to the other driver. Fortunately, in Maryland, the injured victim can pursue an uninsured/underinsured automobile accident insurance claim. This type of claim is available in two situations:

1. Uninsured motorist - the negligent driver has no auto insurance coverage

2. Underinsured motorist - the negligent driver has insufficient liability insurance limits that cannot cover the injured victim's damages, and the negligent driver's policy limits are lower than the limits of the victims uninsured/underinsured motorist coverage

Maryland unisured/underinsured motorist coverage is insurance coverage that covers your auto accident just as your liability insurance would provide compensation for an individual who you might injure as a result of careless driving. In Maryland, unisured/underinsured coverage usually extends to family members living in the household of the insured and passengers.

Tragic Baltimore City Automobile Accident Leaves Two Dead

2011-10-31T13:24:23Z

As a Baltimore City resident, I am stunned by the recent accident in Fells Point which resulted in two fatalities. The authorities believe that speeding was the cause and that is the main reason for my astonishment. Fells Point is rife with many problems including drunk bar patrons and crime, but that seems to come with the territory. What doesn't come with the territory is speeding and fatal car accidents. Such incidents are typically saved for I-95 or the Beltway. It is relatively impossible to speed on the streets of Fells Point. Fells Point has traffic lights, cross walks and stop signs at every intersection, and half of the streets are cobblestone. Not to mention the almost constant pedestrian traffic common to Baltimore City neighborhoods with an abundance of bars, restaurants and shops.

What I am getting at is that in order for someone to speed in Fells Point that person would really have to try hard. I understand speeding on I-95 or 695. Maybe a driver is just keeping up with the pace of traffic or there is no one else on the road, but speeding in a crowded city neighborhood, that act seems intentional and reckless. This accident occurred on Bank Street at 10:30p.m. on a Thursday. Thursday is a popular night for college students (and those who still act like they are in college) and there is no doubt that Fells Point was crowded with cars an pedestrians which makes this driver's conduct so alarming.

]]> The preliminary investigation, based on witness accounts, reveals that the driver of a Dodge Durango, who was killed in the accident, was at fault and was most likely speeding. Also killed was a passenger in the other vehicle, an 18 year old Stevenson University student. The 18 year old died in her boyfriend's arms. The boyfriend, who was the driver of the other vehicle, will have to live with the memory of this tragedy for the rest of his life, not to mention the injuries he suffered as a result of the impact. The at fault driver in this case had a history of speeding and was convicted of driving 30mph over the posted speed limit in June 2010 (most likely the speed was reduced) and had a pending charge of driving 57mph in a 30-mph zone. A Maryland wrongful death lawyer could help the family of the young lady who was killed pursue a wrongful death lawsuit against the negligent driver, and a Maryland accident attorney could help the young man who survived the crash pursue a Maryland personal injury claim. The personal injury attorneys at Portner & Shure are experienced and skilled in both wrongful death claims and automobile accident injury claims.

What Is the Difference in Maryland Between a Survival and a Wrongful Death Action?

2011-10-05T16:31:00Z

When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Maryland wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Maryland personal injury lawyer can also bring what is called a survival action on behalf of the victim's estate. A survival action claims recovery for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death.

]]> In a wrongful death action in Maryland, the amount immediate family members can recover is determined by the emotional and financial harm they experienced as a result of their loss. In a wrongful death case the estate of the decedent is not involved and the family members of the victim are acting entirely on their own behalf. In a survival action in Maryland, the amount the decedent's estate can recover is determined by the harm to the actual victim. The representative of the estate brings the lawsuit on behalf of the decedent.

The Maryland personal injury attorneys and Maryland wrongful death lawyers at Portner & Shure are experienced in handling these types of lawsuits. Our attorneys balance professionalism, aggressiveness and compassion when we represent client's who have lost a loved one.

What Is Contributory Negligence in a Maryland Automobile Accident Case?

2011-10-05T15:45:05Z

Maryland is one of five states that uses contributory negligence instead of comparative negligence. The majority of states use the doctrine of comparative negligence which means, when both the victim and the defendant contributed to an accident by failing to exercise a reasonable degree of care and caution, each party's degree of liability is apportioned. The total amount that an accident victim is awarded is lessened in direct relation to his or her own negligence. For instance, if a jury found that an accident victim was entitled to $1,000,000.00 in damages but found that the victim was 20% at fault, the jury award would be $800,000.00.

Maryland's contributory negligence doctrine is more cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages.

]]> Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. When the defendant is negligent and the victim is contributorily negligent, the Plaintiff can still recover damages if there is a showing that something new or sequential affords the defendant a fresh opportunity to avert the consequences of his original negligence.

New Texting Law in Force in Maryland

2011-10-05T15:35:26Z

Starting October 1, 2011, reading a text message or an email from behind the wheel will cost a driver up to $500 in fines. Maryland's new law, barring the reading of texts while driving, clarifies the existing texting while driving rules. Up until this point, drivers were barred from writing text messages while driving but were allowed to read them. Law enforcement authorities have already commented that police officers will begin enforcing the law immediately.

Police in Maryland have issued 587 warnings and 379 traffic citations for texting while driving and 4,021 warnings and 5,227 traffic citations to drivers talking on cell phones since the initial ban was put in place two years ago. The law still provides an exception for drivers who are texting emergency operators or using phone GPS systems.

Drivers who are ticketed can still choose to pay a $70 fine an accept guilt, which would add a point to their license; if the texting leads to an accident, accepting guilt would mean paying a $110 fine and three points on the license. If a driver chooses to contest the ticket in court, that individual runs the risk of being found guilty of a misdemeanor and having to pay up to a $500 fine. If you were involved in an accident that resulted from the other driver texting while driving contact the Maryland personal injury attorneys at Portner & Shure.

How Much Should My Attorney's Contingency Fee Be?

2011-09-26T16:22:41Z

Most Maryland auto accident injury attorneys are paid through contingency fees. A contingency fee basically means that the client does not pay anything to the attorney unless there is a settlement with the insurance company or judgment from the court. When there is a settlement or judgment a Maryland accident attorney is typically entitled to a percentage of that total settlement or judgement amount. When an injured person is considering hiring a Maryland accident injury lawyer, he or she should read the fee agreement very carefully. Before signing the fee agreement be sure to check what percentage of the settlement the attorney is charging as a fee.

Some Maryland auto accident injury attorneys will charge fees that are too high. If the Maryland auto accident attorney's fee agreement includes a fee of more than 33% for a case that settles that Maryland accident injury lawyer is a rip off artist. Most Maryland accident injury cases settle and a fair Maryland auto accident attorney, like the lawyers at Portner & Shure, charge a 33% fee for a case that settles.

Usually, a Maryland auto accident lawyer's fee agreement will have a different fee for a case that goes into litigation. When a case goes into litigation that means that the case did not settle because of a disputed issue. Common issues insurance companies dispute are low property damage, liability and reasonableness of medical treatment. A case that is put into litigation will be decided by a judge or jury. Litigation requires much more work including pleadings, discovery, trial preparation, travel and trial. The additional work often increases the attorney fee to 40% of the total judgement. If your Maryland accident lawyer is charging you more than a 40% fee for a case in litigation or more than a 33% fee for a case that settles, that attorney is ripping you off. The Maryland accident attorneys at Portner & Shure are both fair and experienced. If you or someone you know has been injured in an automobile accident contact the Maryland accident attorneys at Portner & Shure.

Baltimore Area Drivers Are the Worst in the Country

2011-09-19T12:31:15Z

No wonder our Maryland personal injury law firm is so busy. We have hundreds automobile accident victims call us each month. Where do they all come from? Well a recent study may shed some light on why my desk is surrounded by Maryland automobile accident case files. Allstate Insurance released its annual "America's Best Driver" report ranking the largest U.S. cities based on the number of auto accidents. For the second year in a row Baltimore City held the same rank, 192 out of 193. 193 being the worst.

]]> In contrast, America's safest driving city is Fort Collins, Colorado, with drivers averaging around fourteen years between automobile accidents. In Fort Collins, drivers are 28 percent less likely to be involved in an automobile accident than the national average. In Baltimore, drivers are almost 89 percent more likely to be involved in an automobile accident than the national average. Baltimore drivers average about five years between car accidents.

So the obvious question is where are the worst drivers? Our neighbors to the south boast that title. Washington, D.C. has the worst drivers in the country. Lucky for Portner & Shure we also practice in Washington, D.C.; our experienced Baltimore car accident lawyers and Washington, D.C. auto accident attorneys are like roofers in Southern Florida during hurricane season. There is no shortage of clients who need help because they have been injured by a negligent driver. Our responsibility as Baltimore auto accident lawyers and Washington, D.C. accident injury attorneys is to protect our clients' rights against the insurance companies who, to often, take advantage of the innocent victim.

Who should you buy your automobile insurance from?

2011-08-31T18:27:27Z

Shop the rates. Every automobile insurance company must file with the Maryland Insurance Administration their underwriting standards and rates.

Automobile insurance companies in Maryland may use numerous factors to determine their risk and to set rates based upon the risk. Factors that are considered include: geographic location, age of driver, education of driver, type of job, distance of normal commute, and credit rating. Factors are placed in separate boxes and rates are set by which box a person matches up with. The carriers do, however, weigh risks differently, and therefore, a persons rates may depend on their particular insurance company.

Factors that may not be considered are a persons race or nationality. In other words, Korean or Chinese speaking Maryland clients can not be forced to pay more in premiums.

Insurance companies are allowed to base future rates on an insured's traffic record and history of at fault accidents.

Since each automobile insurance company uses different factors and weighs the risks differently, you should shop around to determine the best rates for yourself. One carrier for example may charge more based on the type of care you drive, while another due to the inexperience of the driver.

Service does not generally vary from insurance carrier to insurance carrier. It does vary from adjuster to adjuster, but that is just a matter of luck. Therefore, base your decision on what the policy costs, not what the carrier says about its overall service.