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I will like to take this time to say what a wonderful job Pam Brown did on my case. I was involved in a car accident and my physcial therapist gave me the phone to this law office and Pam took my call and later on my case. She was very helpful every step of the way. I was happy with her service and how she handling my case. Natika Bartholomew

I was referred to Portner & Shure from a friend of mine and i'm glad he did. The firm is very professional. Mr. Shure came to my home and talked to me personally after a day of my accident. Not only that, their paralegal Sandy is very courteous and cheerful. She responded to all my questions in a timely manner and she constantly keeps me updated on my case (which I like). I would definitely use their firm again and would recommend them to any one. Mike Vu

Portner & Shure's services far exceeded my expectations. I would certainly recommend them to my friends, family, co-workers, etc. Their paralegal, Sandy went above and beyond for me. She always answered my questions and returned my calls promptly. I will certainly use them in the future if the need arises. Datherd Fraley

Dear Portner & Shure, P.A., I’m very pleased with the service I received from your law firm. Since the beginning, my questions and concerns were addressed immediately. My claim was settled in a timely manner. Also, I want to thank Sandy the Senior Claims Paralegal who made sure that all expenses were covered for my Personal Injury claim. I highly recommend this law firm for anyone who needs legal assistance. Thank you for handling my claim in an outstanding & professional manner. Sincerely, Rhonda B.

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COMMON DEFENSES IN AN AUTOMOBILE ACCIDENT CLAIM
In Maryland, Virginia, and the District of Columbia

by: Jonathan N. Portner
February 25, 2009

If you are involved in an automobile accident and believe the other party is at fault you should be aware of two common defenses that may be raised by the other driver or his/her insurance company. These defenses are known as contributory negligence and assumption of risk. You need to understand these particular defenses since, unlike other defenses, if the other driver is successful in asserting them your claim is completely barred.

Even in accidents where the other driver was negligent, or responsible for the accident and was the proximate cause of your injuries, you cannot recover at all if you contributed to the happening of the accident. Many states have abandoned the defense of contributory negligence. Unfortunately, this is not the case in Maryland, Virginia, and the District of Columbia. Contributory negligence occurs if you, in this instance the injured party, acted or failed to act in a manner consistent with the knowledge of the danger or injury that your conduct involved.

As an example, if you were involved in an accident that occurred because the other party ran a red light, in most states you would automatically be entitled to recover personal injury damages. However, if the accident also occurred because you were also, even slightly speeding, your bodily injury claim may in fact be barred in Maryland, Virginia, and the District of Columbia. Speeding is obviously a common issue raised to bar a persons injury recovery to show contributory negligence. Other allegations of contributory negligence include failure to pay proper attention, following too closely, and failure to follow road and traffic signs. In multiple car accidents, even though a person just taps a vehicle in front of them before they are hit violently from behind, that “first tap” maybe viewed as contributory negligence and lead to a denial of the automobile claim. Therefore, when evaluating whether your automobile accident claim you must make sure that you, the witnesses and the police officer, attribute no fault whatsoever to yourself. Even if you are partially to blame you may in fact be barred from a bodily injury recovery.

The second common defense often raised is assumption of risk. A plaintiff is said to have assumed the risk of injury when with full knowledge and understanding of the danger he exposes himself to that danger. Therefore, he voluntarily abandons his right to complain. In an automobile case this could occur for example if you were injured when racing another car, and/or speeding, running a red light or stop sign. If you were found to assume the risk, the defendant is not negligent because you abandoned your right to maintain an action. I have seen personal injury claims barred when a person knowingly gets into a car when the driver is intoxicated. The insurance company maintains in these cases that the injured passenger put himself in harms way by getting into the vehicle in the first place. Obviously assumption of risk and contributory negligence are just two common defenses raised. Many other defenses concerning treatment and damages will also be raised by a carrier to reduce the claim. These two defenses, however, are much worse because if successful they lead to a total denial of a personal injury claim. Therefore, be aware that after an accident you should consult a lawyer before giving a statement to the other driver’s insurance company. Adjusters are fact finders who are looking for reasons to deny or diminish a personal injury claim. If you say the wrong thing about speed or any other fact that could be construed as contributory negligence or assumption of risk, it is difficult to explain the facts differently later after the claim has been denied.

Recent Court decisions in this area of law illustrate the pitfalls of these defenses to the injured party. Instructive is the recent Maryland case of Allen v. Marriott Worldwide Corporation, et al., 183 Md. App. 460, 961 A.2d 1141 (2008). In this case a husband and wife checked into a Marriott Hotel in Montgomery County, Maryland. At the time they checked in the parking lot was icy. The next day when they checked out the injured persons wife went to the parking lot to retrieve the car. She then drove close to the hotel front entrance way and waited for her husband. Instead, of waiting for her to pull closer to the front entrance, her husband attempted to walk just a short distance to the car. The area appeared to be ice free. While doing so, however, he slipped and fell on a patch of “black ice”. The Court stated that he should have waited. Specifically it noted , that he voluntarily elected to go further out in the parking lot to save time. He was aware of the presence of ice and snow the day before, and was aware of the danger of melting and re-freezing. He was found to therefore have assumed the risk of getting injured, the claim was denied, and the case was dismissed.

The Virginia case of O’Neil v. Windshire-Copeland Associates, L.P., et al., 267 Va. 605, 595 S.E. 2d 281 (2004), is more tragic. Here the injured person became a quadriplegic when she fell backwards over a second-story balcony railing at an apartment complex in Newport News, Virginia. The building code required balcony railings to be 48 inches, and the railing in question was only 32 inches high. The Court found that the building owner was negligent for having a railing that did not conform to code. It also found that the building owners negligence was the proximate cause of the Plaintiff’s horrible bodily injuries. It was also determined that Mr. O’Neil had consumed alcohol prior to the incident. A Jury found that alcohol consumption may have contributed to the fall and denied the claim due to his contributory negligence. The Supreme Court of Virginia upheld the decision.

Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents. You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

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