"Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said Transportation Secretary Ray LaHood. "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely."
As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.
]]> "This final rule is the culmination of the most extensive and transparent public outreach effort in our agency's history," said FMCSA Administrator Anne S. Ferro. "With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer."FMCSA's new HOS final rule reduces by 12 hours the maximum number of hours a Maryland or Virginia truck driver can work within a week. Under the old rule, Maryland and Virginia truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's work week to 70 hours.
In addition, Maryland and Virginia truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.
The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.
The rule requires Maryland and Virginia truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule's "34-hour restart" provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.
Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Maryland and Virginia trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense. Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.
A Maryland or Virginia truck driver or company who violates this rule is negligent. Driver fatigue is often the cause of serious truck accidents which result in severe injuries. If you or someone you know has been injured in a truck accident or tractor trailer crash in Maryland or Virginia contact the Maryland truck accident attorneys and Virginia tractor trailer lawyers at Portner & Shure.
]]>Our reputation in Howard County places us at or near the top among our peers in both settling and trying auto accident cases. A respectable personal injury litigation firm must excel at both. Combined Mr. Portner and Mr. Shure have negotiated and/or tried thousands of automobile accident cases throughout Maryland. Mr. Portner has considerable experience and a proven track record in Howard County District and Circuit Court.
In an attempt to be the best automobile accident attorneys in Howard County, the personal injury team at Portner & Shure constantly works to improve their knowledge in the personal injury arena and educates others. In this regard, Mr. Portner and Mr. Parr have researched and written numerous blogs concerning case values, tendencies of insurance companies, jurisdictional analysis, and litigation strategy.
The passion of that our automobile accident trial team displays in and out of the courtroom, as well as our advocacy experience and belief in our clients, has enabled us to convince judges, juries, and even insurance companies' attorneys to see the case from our prospective. Call Portner & Shure for your Howard County automobile accident representation, and experience our winning team's passion, experience and talent. Portner & Shure handles Howard County automobile accident cases throughout the county including, Columbia, Ellicott City, Clarksville, Fulton, Laurel, Glenelg, Jessup, and Sykesville.
]]>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.
]]>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.
]]>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.
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.
]]>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.
]]>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:
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.
]]>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.
]]>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.
]]>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.
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]]> 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
]]>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.
]]>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.]]>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.
]]>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. ]]>