Recently in Automobile Accidents Category

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.

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.

The Virginia State Highway Safety office has complied some interesting accident statistics. They include:

• (rush hours, no surprise) There were nearly 7,000 car accidents that happened in the 4:00 p.m. to 5:59 p.m. time period

• Most fatal car accidents happened after rush hour and it was dark, between 9:00 p.m. and 9:59 p.m.

• The highest percentage of injury crashes took place between 5:00 p.m. and 5:59 p.m.

• Safest time and lowest number of injury collisions occurred between 4:00 p.m. and 4:59 p.m..

Most fatal accidents occur after rush hour when it gets dark, while the most accidents occur during rush hour. In the Virginia area, therefore, if you can avoid driving, or reduce your driving at rush hour times, statistically you reduce your chances of being in an accident.

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 Virginia 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 Virginia personal injury lawyer can bring what is called a survival action on behalf of the victim's estate. A survival action claims damages 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 Virginia, one must choose between a survival action and a wrongful death action. Virginia does not allow both claims to be pursued.

Virginia 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.

Virginia''s contributory negligence doctrine is more cut throat and can be a complete bar to an injured victim's recovery. Virginia 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.

In today's world, with so many people living throughout the United States with varying degrees of immigration status, the question is constantly asked: what rights does a person without legal status have. Despite the hundreds of thousands of laws, and cases that fill the legal libraries, this question still has no clear and definite answer.

In a Virginia or Maryland personal injury action, many victims are unable to work for extended periods of time. In some serious cases, a Plaintiff may never work again. If an injured person is still young, the future lost wage claim can amount to hundreds of thousands, if not millions of dollars. The question is, if that person is not a citizen, and has no legal status in this Country, can they make a claim for the past and future lost wages. The answer may depend on what state the claim is brought in and what the political orientation of the state is.

For instance, in Virginia, if a person without legal status is injured on the job, while they can have their medical bills paid for, they cannot claim their lost wages. The Virginia legislature has decided that if a person shouldn't have been able to work because of their immigration status, then to pay them for missing that work would not make sense. On the other hand, in Maryland, the legislature has made the opposite conclusion. The Workers Compensation law in Maryland allows a person without legal status, that has been injured on the job, to make a claim for the wages that they have lost as a result of their injury. Perhaps the reason for the differences is that Virginia is typically more conservative a state than Maryland, both socially and politically.

In some cases, however, there is no answer as the issue is one that the courts and the legislature have failed to address. While the Supreme Court of the United States has considered some specific issues involving the rights of illegal immigrants, they have not decided whether a victim in a personal injury lawsuit that has no legal status is allowed to claim past and future lost earnings. This issue is still left up to the individual states. While some states like Texas have specifically allowed future wages to be awarded, other states have flat out denied that right, or have chosen to require the victim to show what the lost wages would be in the country that they maintain citizenship. In the mid Atlantic region, this issue has not yet been resolved.

If the courts follow the analysis that has been used in the realm of Workers Compensation, it seems likely that while Virginia may disallow such claims, Maryland will permit them. This knowledge could make a difference in an attorney's decision of where to file a personal injury lawsuit, or the manner that the lawsuit is prosecuted and defended. Portner and Shure deals with complex issues like these on a regular basis. Our injury practice does not just involve "cookie cutter" claims and lawsuits. We are prepared to take on the tough issues, and make the arguments that give our clients the best chance for the greatest success.

If you or a family member has been injured or killed in an 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 or visit us on the web at www.portnerandshureaccidentlawyers.com.

A common misconception of plaintiffs in a personal injury action is that a claim can be made for punitive damages as a result of the car accident. The thought that a defendant driver can be punished for causing the accident is generally mistaken. In fact, in Maryland and Virginia, a defendant could be driving: using his cell phone, eating a Whopper with both hands, and reading a magazine, when he speeds into a school zone and strikes a school bus, and still not be responsible for punitive damages.

In almost all car accident cases, Maryland and Virginia follow the rule that in order to get punitive or exemplary damages, a defendant must intentionally cause an accident. It is not sufficient that the defendant be criminally negligent. There is, however, one significant exception. Unlike the Maryland courts, the Virginia laws make an exception for drunk drivers. While the common law is clouded as to the availability of punitive damages, the statutory law is not.

Gary Anthony Thorne was traveling northbound on Lee Highway, shortly after 4:00 p.m., Friday, May 21st ,when his SUV crossed over a median strip and six traffic lanes onto a bicycle path striking and killing a young teen, Abdel Ouahid Chadli.  The driver, Mr. Thorne who was to turn 32 the next day, also died at the scene, in Fairfax County, Virginia.

Mourning replaced the graduation celebration for Abdel Ouahid Chadli, a senior and wrestler at Fairfax High School.  The young man was the eldest of four boys who was a dedicated athlete and liked to work out at the gym and biked on the bike path for exercise on a regular basis.  Chadli had been accepted at George Mason University and had hoped to become a veterinarian.

A single vehicle accident claims the life of a 16 year old teenager after leaving the prom at King George High School.  At approximately 1:09 a.m. on Sunday, May 9, 2010, five teenagers were on their way to an after prom party when the driver of the vehicle ran off the right side of the roadway and struck a utility pole. The vehicle then overturned several times, ejecting three of the passengers and driver who were not wearing their seat belts. The accident occurred on Route 218 at the intersection of Caledon Road and Basil Road, in King George, Virginia.

Two of the teenagers were flown by helicopter to Mary Washington Hospital and the other three were transported by ambulance, all with serious injuries.  One teenager, 16 year old, Anthony L. Feather, a member of the King George High School football team,  later died at the hospital due to his injuries.  

A spokesperson for the Virginia State Police say speed is considered a factor in this crash, which still remains under investigation.

Some states accept the "safety belt defense".  Simply stated this means that if you were involved in a car accident, even if it was not your fault, and you were not wearing your seat belt and your injury was made worse as a result of not wearing the seat belt, the amount of damages you can collect may be reduced.  Many states restrict the number of persons who can drive as passengers with a new driver.  Statistics show that new drivers are more easily distracted.  Further, curfew driving restrictions are often placed on new drivers.  All of the above need to be explored in this case.  

If you, a family member or someone you know has been involved in a car accident or you need more information regarding an automobile accident, please contact the Virginia accident lawyers at Portner & Shure for a free consultation.

Multiple car accidents are common on Interstate 95. Due to the high rate of speed people are traveling, a one car collision often results in a chain reaction. Recently, the driver of a dump truck lost control of his vehicle and struck 12 other vehicles near the Prince William Parkway in Virginia. As a result of these collisions five individuals were taken to area hospitals for bodily injuries. The driver of the dump truck was charged with reckless driving. However, the Virginia State Police stated that the driver had suffered a medical emergency at the time he lost control of the vehicle.

The injured parties may be able to pursue a claim for property damage and personal injuries as a result of this automobile collision. 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. The insurance carrier will carefully evaluate these claims. You should have a Virginia accident lawyer to protect your interest in such a claim. Here, if the medical emergency defense is not properly countered, it could destroy a drivers claim.

If you, a family member, or someone you know have been injured in a multiple vehicle accident or if you would like more information on car accidents, truck accidents, or the "medical emergency defense", please contact the Virginia accident lawyers at Portner & Shure for a free legal consultation.