Bus Accidents, Unlike Car Accidents,Often Occur Without Any Collision

Obviously, the chances for other accidents to occur on board a bus loaded with passengers is greater. Such was the case in a recent accident in Timonium in Baltimore County, Maryland. In this incident, the bus was transporting a special needs child home, from a Baltimore County School, Villa Maria at St. Vincent's School in Timonium, Maryland. After getting in a fight with one boy, the child then tried to leave the bus via the front door. Aides stopped him, there were two adult aides on the bus. However, neither was apparently able to stop this speedy six year old from then running to the back, opening the door and falling out of a moving bus. Negligence may rise here not from a collision, but from the aides inability to apparently supervise and care for the children. Seems to be a real hot issue since they were on notice that the special needs child was upset and tried to get off the moving bus via the front door.

If you have been involved in an automobile accident or bus 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.portnerandshure.com. 

Negligence on a School Bus

More facts have been revealed concerning the bus accident in Timonium, Maryland, in Baltimore County which we blogged on recently. In the blog, we questioned whether a 6 year old special needs child could have been stopped before he opened the back door of the bus and fell to his death. We raised the question as to whether the aides on the bus were negligent for failure to provide adequate supervision.

Interestingly, the school system fired the two aides who were on the bus transporting the student from his Baltimore County School to his home. Further, the bus drivers license was also disqualified.

All these actions may help in the future but certainly don't do a thing to rectify the apparent negligent care of the adults on the bus. First, they were on notice that the boy was already trying to get out of a moving bus (he had tried to get out the front). Second, he wasn't in a harness that the state mandated educated plan required him to have. The family is seeking answers. A lawsuit in the Baltimore County Circuit Court will ultimately provide them.

If you have been involved in an automobile accident or bus 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.portnerandshure.com. 

Passenger in An Automobile Accident: Who Pays for Your Damages?

Four vehicle crash kills man on Ordance Road in Anne Arundel County, Maryland. On December 9, 2010, William Gruber was travelling East on Ordance Road in Anne Arundel County, Maryland, when he slammed into the rear of a Monte Carlo causing a multi-vehicle chain reaction. Mr. Gruber's vehicle then spun out of control and across the roadway into the westbound traffic striking another vehicle. Mr. Gruber was pinned in his vehicle and pronounced dead at the scene by county firefighters. Preliminary investigation indicates that Gruber may have been under the influence of a controlled dangerous substance. Gruber's passenger, Donte Edward Taylor suffered serious injuries and was taken to Maryland Shock Trauma Center where he remains in serious condition. The State Highway Administration reports that this is the second fatal crash on that stretch of road in less than two years. While traffic can be heavy through that area it depends on the time of day. Lt. John McAndrew, an officer with the county olice department's traffic division said Ordance Road isn't a particularly dangerous road.

In the event that you are a passenger in a vehicle that is at fault for a collision, it is important to understand what rights may exist. Passengers in vehicles that are involved in car accidents can generally obtain a recovery from one of the vehicles involved. At times, this places the passenger in the uncomfortable situation of suing his own friend or relative, who was driving, for personal injuries. In most personal injury cases, this means going against that persons insurance carrier, not them personally. The distinction means that the passenger's bodily injury claim does not usually affect their friends or family members assets. It is important to understand that because the passenger may have a claim against the driver of the car he was in, he needs to be represented in all instances by a different attorney. At this time the police are still investigating the above motor vehicle accident. Once their investigation is complete, the State Highway Administration will conduct their own investigation into the crash. In the meantime, the passenger should obtain his own attorney, one different from the drivers.

If you, a family member, or someone you know has been involved in a car accident or you were a passenger in a motor vehicle involved in an automobile accident or would like more information on automobile accidents, please visit us on the web at www.portnerandshure.com, our Maryland car accident lawyers can provide a free legal consultation.

Accident in Maryland, Virginia, or Washington, D.C., Can You See an Acupuncturist?

Many of our Korean and Chinese speaking automobile accident clients prefer a doctor who speaks their native language. Many of these same personal injury clients prefer an acupuncture doctor over a chiropractor or an orthopaedist. The questions presented are what is appropriate medical care, and what is appropriate care in an accident case in Maryland, Virginia, or the District of Columbia.

Assuming the injury was not a bulging or herniated disc, our personal injury clients have treated with acupuncturists and have at the same time obtained great physical results from them, as well as great monetary results from insurance companies. Obtaining medical treatment from acupuncturists is a common occurrence in the Chinese community throughout Rockville, Silver Spring, and Gaithersburg, Maryland.

The world health organization recognizes acupuncture and traditional Chinese medicine to treat automobile accident injuries, including neck, back, shoulder, and knee injuries. Acupuncture itself is more than three thousand years old and works through the distribution of meridians. The meridians are passages through which blood is circulated. Needling the acupuncture points unblocks obstructions at the meridians and re-established blood flow and corrects imbalances. It is believed that needling stimulates the nervous system to release chemicals in the muscles, spinal cord and brain. In turn, the chemicals alter the pain experience or trigger the release of other chemicals which influence the bodies own internal regulating system. The improved biochemical balance results in stimulation of the bodies natural healing abilities.

Acupuncture treatment in Maryland, Virginia, and Washington, D.C., in all automobile accident cases should be prescribed by a medical doctor. Statutes in these jurisdictions are unclear as to whether a liability insurance carrier must pay for this treatment otherwise. Courts will allow the treatment for automobile accident injuries, but with no objection by the insurance carrier, if there is a prescription. Further, PIP and Med-Pay carriers will pay for Acupuncture without any hesitation in cases where its recommended by a medical doctor.

Acupuncturists can not prescribe medication. Often this care is done in conjunction with a medical doctor who can prescribe pain medication and muscle relaxers. Seeing a medical doctor as well as an acupuncturist is often a great combination.

Our personal injury law firm has tried in court and settled thousands of cases where automobile accident victims have used Chinese speaking Acupuncturists. In each case we have found that is the bills and treatment were reasonable and necessary, well documented and prescribed, than the treatment was paid for along with pain and suffering damages.

If you have been involved in an automobile 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.portnerandshure.com

Rear-end Collision in Montgomery County, Rockville, Maryland: Can You Prove Fault?

A Korean gentleman called our personal injury hotline this weekend and relayed the following facts, through one of our Korean auto accident interpreters. He stated he slowed and nearly stopped at a yellow light because the car stopped in front of him. The car drove away, and he was then hit twice from behind. He indicated that he believed he could not be at fault since he was rear-ended, wanted to make an injury claim, but was concerned since he was given a ticket at the scene. See a problem?

The Korean gentleman was alone in the car at the time of the accident. When the police came the two cars that hit him stated he stopped for no reason. The police did not call for a Korean interpreter. Korean interpreters are available through the operator. However, the police certainly don't have as many interpreters on staff who speak Korean as they do Spanish. Therefore, the call was not easy, and was not made. Further, the Korean gentleman was alone at the time of the car accident and he failed to call or get someone to the scene who spoke English. With no witness, and no ability to explain himself, he received a ticket for the accident solely because he spoke Korean and no English. Clearing the matter up later will prove futile. The accident claim was lost at that moment.

Obviously, if you don't speak English you need to be prepared for this type of situation. Spanish interpreters are readily available in accident situations. However, we have seen this same situation repeat itself countless times in situations where our Chinese speaking clients have been involved in motor vehicle accidents where they sustain injuries throughout Maryland and Virginia.

If you have been involved in an automobile 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.portnerandshure.com. Further, if you need an interpreter who speaks Spanish, Chinese or Korean at the scene of an automobile accident, you may call our firm in Maryland at 301-854-9000 or 410-995-1515 and in Virginia at 703-916-1227.

6-year Old Student Dies After Jumping from Bus in Baltimore County, MD

Who should be responsible for the death of a 6-year old who jumps from a moving bus?  On Thursday, December 13, 2010, at approximately 3:00 p.m. a 6-year old special needs student was being transported from  the Villa Marie School in Timonium to his home in Baltimore City when a fight ensued between the 6-year old and another student. 

According to authorities, an aide attempted to break up the fight between the two students, when the 6-year old ran toward the back of the bus and jumped out.  The child was transported to Johns Hopkins in grave condition and succumbed to his injuries early Friday morning.



The 6-year old attended a non-public school in Baltimore County and was traveling on a bus contracted by City Schools to transport the student.  While authorities continue to investigate this tragic accident, questions remain unanswered for the family of this 6-year old. 

How do you compensate parents for this type of loss?  Special needs means just that and what was in place to prevent this unfortunate accident from happening?  How could a 6-year old just jump off the back of a moving bus?  These parents need answers and where should they look to get these answers?  They should contact a Maryland Personal Injury Attorney who is familiar with the laws in Baltimore County where this accident occurred.     

If you, a family member or someone you know has been involved in a bus accident or car accident or you need more information on bus or car accidents, please visit us on the web at http://www.portnerandshure.com or contact one of our Maryland Personal Injury Lawyers for a free consultation.

Carroll County Bicyclist Killed When Struck by Tractor Trailer

On Tuesday, August 24, 2010, Arthur John Martin, Jr., 51, a retired police officer, was riding his bicycle on Maryland 75 in Carroll County when he was struck by a tractor trailer.  The tractor trailer driver, Anthony Edward Woodie, 37, was operating his 1985 Peterbuilt on Shepherds Mill Road and was turning right on Maryland 75 when he failed to yield the right of way and struck Mr. Martin.  It was reported that Mr. Martin was thrown from his bicycle and then struck by the tractor-trailer.  He was pronounced dead at the scene.



The Maryland State Police crash team are still investigating this accident and charges are currently pending against the tractor trailer driver.  There is no evidence to suggest that alcohol or speed contributed to this accident. This is yet another example of why the question keeps being raised, "Whether motorists should share the roads with bicyclists?"  Clearly, a 25-pound bicycle is no match for a 10,000-pound truck.  Bicyclists should be lobbying for designated bike lanes for bicycle safety.  Recently, advocates for the League of American Bicyclists were at the Capitol expressing their excitement over the bike lane extending between the Capitol and the White House.  If they can have them in Washington, D.C., why not everywhere?

If you, a family member, or someone you know has been involved in a bicycle accident, truck accident or automobile accident, please contact one of our Maryland Accident Lawyers for a free consultation or visit us on the web at http://www.portnerandshure.com.

Harford County Bicyclist Driving Under the Influence

If a motorist is riding his vehicle on the public highways under the influence of alcohol and causes an accident, should he be arrested for  "driving under the influence"?  Should these same laws apply to an individual riding his bicycle on the public highways?  If motorists  are forced to share the roads with bicycles, then perhaps they should be held accountable for obeying the laws of the highways and the same penalties and consequences should apply.

In a recent Harford County accident, a 33 year old man was leaving a bar in Bel Air on his bicycle on Thursday, August 12, 2010, when he ran into a motor vehicle.  The bicyclist, Matthew Parker was flown to Maryland Shock Trauma for head injuries.  The injuries appeared not to be life-threatening.    

According to Bel Air Police Chief, Leo Matrangola, they suspect Mr. Parker was riding his bicycle under the influence of alcohol and charges are currently pending.  The question especially arises when the intoxicated bicyclist causes an injury to someone other than himself.  Bicyclists currently advocate for laws that provide safety for themselves.  However, due to their increasing numbers we should not ignore certain safety issues that now arise for the automobile driver.  Perhaps a law change should only apply to a bicyclist who causes an accident that leads to an injury of the automobile driver.

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please contact Portner & Shure for a free consultation with one of our Maryland personal injury lawyers.

Anne Arundel County Accident Injures 3 and Driver Dies

A family was resting on a bench from a bicycle ride on Sunday, August 8, 2010, when a car crashed into them near Russett Green West and Ridgemoor Drive in Laurel, Maryland in Anne Arundel County. The couple was sitting on the bench with their two twin boys when a car struck a light pole and then continued on to strike the bench where they were sitting.

The operator of the vehicle, 63 year old, Ms. Ramota Oluyemisi Koletowo was rushed to the hospital where she later died.  The 36 year old man was flown to Shock Trauma and his 38 year old wife was transported to Johns Hopkins Hospital and their 4 year old son was rushed to Johns Hopkins Pediatric with head injuries.  Their second child was not injured. Police are still investigating the crash to determine whether it was fatigue or a medical emergency that contributed to the fatal car accident as Ms. Koletowo was on her way home from working an overnight shift.



The family injured in this accident is entitled to certain benefits from the driver's insurance company, that will cover some of their medical expenses and/or lost wage claim, resulting from  this accident.  These benefits are known as Personal Injury Protection benefits.  They would also be entitled to make a claim for bodily injuries in addition to pain and suffering against the deceased driver.   However, it would need to be determined if the driver was experiencing a medical emergency and whether the driver had prior knowledge of this medical condition that could put them or others at risk.  It is important in these types of accident, that you obtain the help of an experienced  Maryland personal injury lawyer who has handled "sudden emergency defenses."        

If you, a family member or someone you know has been involved in a car accident or you need more information on car accidents or sudden emergency defenses, please contact Portner & Shure for a free consultation with one of our Maryland  personal injury lawyers.

The Right to a Jury Trial in a Maryland Accident Case has Changed

Until now if you were involved in an accident and claimed damages of $10,000 or less, you and the insurance carrier were entitled to a judge trial and not a jury trial. Jury trials cost a great deal more. Doctors who charge thousands to appear need to be called. Years ago there was no dollar limit on jury trial requests. As a result, insurance company lawyers would request jury trials in small cases as a means to discourage attorneys from taking them. It was a strategic move to reduce personal injury claims. For example, if an automobile accident case that occurred in Columbia in Howard County was worth $5,000 and the doctor charged two thousand to appear, than the economics of a Howard County jury trial didn't make sense. It discouraged many attorneys from taking smaller claims.

As a result, plaintiff's lawyers fought hard to get legislation passed requiring at least a demand for $10,000 in damages before either side had a right to a jury trial. The change has enabled countless injured people to pursue automobile accident claims when their injuries were soft tissue and the damages they claimed were under $10,000. With the passage of time and higher medical costs many small claims can not be concluded for $10,000.

Rather than have these claims decided in the circuit court before a jury, the plaintiff's bar has been successful in getting the damage limit for a jury trial request raised to $15,000. These smaller claims now can be done quicker in the district court and with less cost. In the district court if your attorney files the proper papers, evidence of your medical bills and treatment is admissible without calling the physician at trial.

Road Rage: Cyclist vs. Motorist

Were public highways constructed for motor vehicles or bicycles?  Who has the right of way, the bicycle or the motor vehicle?  Many motorists believe that cyclists are endangering themselves since they are no match for tons of metal on wheels.  Many a debate has arisen when it comes to the rules of the road, who rules, cyclist or driver?   

Most people would be surprised to learn that legally bikes do have the right to ride their bikes on the roadways, in most jurisdictions.  In Maryland and D.C., those rights have been expanded where a 3 foot rule was passed by the Senate on May 20, 2010.



Many motorists feel that this bill is not fair.  Motorists have to pay for tags and insurance and obey the laws of the highways.  If cyclists have the right to the roadways, then they too should have to pay for insurance and tags and obey the traffic laws and be cited if they disobey those laws.  As simply stated by one motorist, "if we're going to level the playing field, then let's level it completely and equitably."  Why not construct bike paths for the safety of cyclists and leave the highways to the motorists?  

In a recent Harford County bicycle accident, 17 year old, Albert Wayne Glass was riding his bicycle on Sandpiper Court heading toward Willoughby Beach Road in Edgewood, Maryland.  According to the Harford County Sheriff's Office, Glass proceeded through a stop sign at the intersection of Albantowne Way and Willoughby Beach Road when he was struck by Timothy James Foster.  Mr. Foster was traveling east on Willoughby Beach Road through the intersection when he struck Mr. Glass.  Mr. Glass sustained serious bodily injuries and was flown by medevac to Shock Trauma, where he underwent emergency surgery to relieve massive blot clots on his brain.  Should Mr. Glass have been operating his bicycle on the highway in the same capacity as a motorist?  Could this accident have been avoided if the State Highway Administration approved a bill for Bicycle and Pedestrian Access?  While it appears several of these issues are before the legislature, the question the motorists and cyclists need to know is when will it be implemented and what should be done in the meantime?  

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please contact Portner & Shure for a free consultation with one of our Maryland personal injury lawyers.

Horrible Car Accident Leaves Driver in Terrible Condition While Others Sustained Minor Injuries

Injuries ranging from soft tissue injuries such as whiplash to the more serious injuries which involve broken bones, traumatic brain injuries or even fatalities can often result from a car accident. It is not uncommon for a person who leaves the scene of the accident to not experience pain or discomfort until a day or two following the accident.

An example of how different injuries can result from the same car accident is demonstrated by a May 22, 2010, automobile accident that occurred on Route 27 in Frederick County, Maryland. The driver of a Toyota Corolla was traveling on Gillis Falls Road while the driver of a Lexus LS 430 was traveling northbound on Route 27. The preliminary investigation done by the police shows the driver of the Corolla failed to yield to the right of way while trying to cross Route 27. When the two vehicles collided, the Corolla was forced into trees and the driver became trapped inside. Members of the Mount Airy Fire Department had to extricate the driver and he was transported to R Adams Cowley Shock Trauma Center in Baltimore by a Maryland State Police helicopter. The driver of the Lexus and her passenger were taken to Carroll Hospital where they were treated and released with only minor injuries.

This accident is still under investigation by police and they are seeking witnesses who may have seen this collision.

It is imperative that all the rules of the road are followed in order to prevent serious automobile collisions such as this. Traffic control devices are in place to help maintain the flow of traffic in an orderly fashion. Stop signs, yield signs and traffic signals should always be given proper attention. Failure to do so can result in very serious injuries as demonstrated in this scenario.

If you or someone you know has been injured in a car accident contact Portner & Shure for a free legal consultation. Our Maryland accident lawyers are available to provide answers to any questions you may have.

Fatal Single Vehicle Accident on Interstate 70

On May 24, 2010, during the morning rush hour there was a serious single vehicle accident on Interstate 70 in Howard County, Maryland. A box truck was traveling westbound when it left the roadway and struck several trees. The driver was pronounced dead at the scene and Interstate 70 was closed for several hours. The cause of the accident is still under investigation.

An accident re-constructionist was most likely called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

Many auto insurance policies that carry Personal Injury Protection also carry a specific Death Benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

However, in the event that the driver was working at the time of the accident his family may be entitled to additional benefits under workers' compensation. Since this individual was unfortunately killed in the course of his employment his spouse and/or children may be entitled to receive benefits based on what the employee was making at the time of the accident. Although there is a cap placed on these benefits, it is possible to also obtain a burial allowance in cases such as this.

If you have been injured as the result of an automobile accident or sustained a work related injury, please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.

Harford County Executive Candidate dies in Bel Air Accident

Churchville businessman and candidate for Harford County executive, Stephen M. Wright, died in a car accident on Thursday, May 20, 2010, just before 7:00 p.m.  Mr. Wright was operating his 2003 Jeep Grand Cherokee southbound on Wheel Road, when his vehicle left the road and struck a utility pole.

A spokesperson for the police advised that witnesses who checked on him immediately following the accident believe he was experiencing medical issues, which may have been the cause of the accident.. The police do not believe speed or alcohol contributed to the accident.  Instead, the report indicated that Mr. Wright may have experienced a medical emergency.

Paramedics from the Abingdon Volunteer Fire Company transported Mr. Wright  to Upper Chesapeake Medical Center where he was pronounced dead at the hospital around 8 p.m.

Mr. Wright was a longtime member of the Harford County Republican Central Committee and a conservative with ties to the Tea Party movement and was the first candidate to file in this year's county executive race.

Mr. Wright is survived by his wife, Krista and their three daughters, Meagan, McKenzie and Katie.

If it is determined that a medical emergency was the cause of this accident, Mr. Wright's family may be entitled to certain death benefits also referred to as survivor benefits, which could include accidental death benefits, continuation of lost earnings, periodic "pension" payments and replacement services payments.  In some states, reasonable funeral expenses are protected benefits and have to be paid even when the insurance policy's other benefits , such as medical expenses  have been paid to the policy limits.

In the unfortunate event that Mr. Wright had collided with another vehicle and it was determined that he was experiencing a medical emergency, the other party would be barred from making a claim against his insurance company for their injuries, based on the sudden emergency defense.

If you, a family member or someone you know has been involved in an accident involving an emergency situation or you need more information on this type of motor vehicle accident, please contact Portner & Shure and speak with one of our experienced Maryland accident lawyers for a free consultation. 

Fatal Pedestrian Accident in Carroll County

In early May, a Finksburg, Maryland woman was killed when she was struck by a vehicle on Bethel Road in Carrol County. The woman was said to have been chasing after her dog who had run into the street. She was pronounced dead at the scene. The driver of the vehicle has not been charged with an offense.

In this unfortunate situation, the key inquiry is whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

If you or someone you know has been injured as the result of a pedestrian related car accident and would like a free legal consultation, please contact Portner & Shure. Maryland accident lawyers are here to answer any questions that you may have.

Drug Suspects Cause Car Accident That Results In Fatality

A few weeks ago, two undercover Baltimore City Police officers witnessed a drug transaction between two suspects on Gwynn Oak Avenue in Northwest Baltimore, Maryland. The suspects attempted to evade the police as they sped away from the scene. They struck a civilian vehicle that was being operated by an elderly couple. One of the victims was pronounced dead at the scene while the other was transported to Shock Trauma in serious condition.

After searching the vehicle, the suspects were discovered to be in possession of 38 grams of uncut heroin. They are facing serious drug charges fleeing and alluding charges. They need separate defense counsel, since the driver of the vehicle may face more serious charges and the possibility of vehicular manslaughter.

Although the family of the deceased could pursue a wrongful death claim against the drivers automobile insurance carrier it is highly likely that any claim for property damage or personal injuries would be denied since the vehicle was in the commission of a crime when the accident occurred. In other words, because the suspects were evading the police, the insurance carrier may no longer be responsible for any damages caused as a result thereof. However, an Uninsured Motorist Claim may be pursued to help the injured party with medical expenses or even helped the family of the deceased with burial costs. Further, the police department could have some responsibility for the accident if the investigation revealed they did not follow proper protocol.

If you, a family, member or someone you know has been involved in an automobile accident and sustained bodily injuries or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers are available to provide you with a free legal consultation.

Alcohol Is a Contributing Factor in Fatal Pedestrian Accident

Earlier this month, the driver of a GMC Sierra struck and killed a man who was attempted to cross Ridge Road in Pasadena, Maryland during the evening hours. The pedestrian was wearing dark clothing and was not in a crosswalk. The Anne Arundel County Police responded. The pedestrian was taken to Baltimore Washington Medical Center where he was pronounced dead a short time later. The police found evidence that suggested that the pedestrian may have been under the influence at the time of the accident.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry is such accidents are whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

In this matter, the family of the deceased may not have a valid claim against the driver of the vehicle. The pedestrian was possibly intoxicated, crossing outside of the crosswalk and was wearing dark clothing at night.

If you or someone you know has been involved in a pedestrian related car accident or if you would like more information on automobile collisions, please contact Portner & Shure. Our Maryland accident lawyers are available to provide you with a free legal consultation.

Motorcycle Accident Leads to Serious Injuries

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes since the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.

Earlier this month, a Hagerstown motorcyclist was seriously injured as the result of a collision between his bike and a Volkswagen Jetta while on US Route 40 in Frederick County, Maryland. The motorcyclist said that the driver of the Jetta pulled out in front of him. When the Jetta pulled out, the motorcyclist struck the driver side door causing his bike to overturn. The operator of the motorcycle was transported to R Adams Crowley Trauma Center in Baltimore after suffering head and leg injuries.

The accident is still under investigation. An accident re-constructionist can be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could help investigators to determine if the driver of Jetta failed to yield to the right of way.

If you, a family member, or someone you know has been involved in a motorcycle accident and would like a free legal consultation, or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland and Virginia accident attorneys are available to speak with you.

Police Vehicle Collides with Van: Rights of Emergency Vehicles

On April 30, 2010, at approximately 1:30 p.m. a Maryland State Trooper was involved in an automobile accident on US 15 in Frederick County, Maryland. The trooper was responding to a motorcycle collision that also occurred on US 15 wherein the motorcyclist was injured. The trooper was driving south in his patrol car with his emergency lights and sirens activated when he approached the intersection of Mountville Road. The driver of a Honda Odyssey entered the intersection as the patrol car approached. Although the trooper took evasive action in an effort to avoid colliding with the van, the patrol car struck the van. The trooper and his passenger were taken to Frederick Memorial Hospital. The van driver was not injured.

Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals, except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.

Moreover, accidents involving the failure to yield to the right of way, and stopping for appropriate traffic markers, are more common then most realize. When a person fails to yield to the right of way or crosses a lane of travel, they often cause a collision that is ultimately their fault. It is imperative to know and understand the rules of the road.

If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal consultation.

Pedestrian Killed: When Is a Pedestrian at Fault for an Accident?

At the beginning of the month a woman was killed while crossing Bel Air Road in Baltimore County, Maryland. The Baltimore County Police Department spokesperson indicated that the woman appeared to have been trying to outrun the vehicle to get to the other side of the road when she was struck. The woman was taken to Maryland Shock Trauma where she was pronounced dead. The driver of the vehicle immediately stopped and notified police of the accident.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of the vehicle, time of day (i.e. was it dark, lighting?), physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry in such accidents is whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street outside of a crosswalk that person has an obligation to use the greatest care to protect themselves from injury.

If you, a family member, or someone you know has been involved in a pedestrian related car accident, or if you would like more information on automobile accidents, please contact Portner & Shure for a free consultation. Our Maryland Accident Lawyers are available to provide you with a free legal consultation.

Fatal Pedestrian Accident

On Monday, April 26, 2010, there was a fatal accident on Interstate 95 in Cecil County, Maryland. The Maryland State Police said they believe that the victim, Lamar Stanford, was driving his car on Interstate 95 when he struck a guardrail. Police said that they believe Mr. Stanford exited his vehicle and attempted to cross Interstate 95 on foot when he was struck by another vehicle traveling northbound. He was pronounced dead at the scene. The driver of the vehicle who struck him suffered bodily injuries and was taken to Union Memorial Hospital.

The police further noted that they do not believe that there are any contributing factors from the driver of the vehicle who struck Stanford. Contributing factors such as speed or alcohol do not appear to be an issue here.

The key inquiry in any pedestrian related accidents is whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street, outside of a crosswalk, that person has an obligation to use the greatest care to protect themselves from injury.

Minor accidents often turn into serious when people leave their vehicles after the impact and walk on, or stay too close to the roadway. Respect the fact that drivers often are not paying attention. This fact leads to fender benders. It can lead to death if you are a person walking on or near a roadway.

If you, a family member, or someone you know has been injured as the result of a pedestrian related accident, or if you would like more information on automobile collisions, please contact Portner & Shure for a free legal consultation. Our Maryland personal injury lawyers are available to assist you.

Low Speed Police Chase in Frederick County

On April 27, 2010, at approximately 2:45 p.m. a 22-year-old Keedysville woman was charged with fleeing and eluding and driving while impaired by drugs. The Frederick County Police Department saw a car slowly weaving on North East Street. Local traffic was steering around the vehicle in an effort to avoid colliding with the vehicle. After a short pursuit, the police officer apprehended the woman when he noted that she had an odor of PCP on her breathe. After further investigation, the driver was placed under arrest.

It goes without saying that situations involving alcohol or drugs have a greater potential of turning fatal. Driving while impaired is a very serious offense. Not only is a driver putting them at risk but they are putting innocent individuals in danger. Although this incident came to closure with no property or bodily injuries reported, this is not always the case. Most alcohol and drug related offense's end in automobile collision, personal injuries, property damage, or even fatalities.

The driver can be required to submit to a blood test to determine the quantity of PCP in her body. This test must be done within 4 hours of the arrest.

If you, a family member, or someone you know has been involved in an automobile related accident or if you are seeking a criminal defense attorney, feel free to contact us for a free legal consultation. You can contact Portner & Shure for a free consultation. Our Maryland and Virginia accident lawyers are available to speak with you.

New Speed Cameras in Baltimore County Used to Help Deter Speeders

In February, Baltimore County began sending out warnings to area motorists who were caught on camera while traveling 12 miles per hour over the speed limit. Cameras were placed in two school zones to help deter speeding and to help promote safety. However, effective this week, speed tickets will be given out to those who are caught on camera speeding. Fines of $40 will be issued but no points will be assessed.

The Baltimore County Police Department said that later in the year they will install another 13 locations. Those locations are determined by county officials. Under the current state law, violators must receive notice for a minimum of the first 30 days that the cameras are operational.

Hopefully, these cameras will make drivers more aware of the speeds at which they are traveling. If you, a family member, or someone you know has been involved in an automobile accident wherein someone was speeding or if you would like a free legal consultation, please contact Portner & Shure for a free consultation.

Harford County Jury Awards $3.5 Million in Medical Malpractice Claim

On May 13, 2010, after 12 days of testimony, a Harford County jury awarded Victoria B. Little of Belcamp, Maryland more than $3.5 million in damages against Dr. Mark Gonze and Dr. Roger Schneider of Vascular Surgery Associates, LLC in Bel Air, Maryland.

Ms. Little, a longtime resident of Harford County presented to Upper Chesapeake Medical Center for an aortobifemoral bypass due to blockage in her aorta.  The procedure, if done properly would have bypassed the blockage and restored blood flow to her legs.  Instead, Ms. Little during the procedure lost over 5,100 milliliters of blood, which is more than her total blood volume in her body.  As a result she suffered a prolonged period of low blood pressure and loss of oxygen to her tissues and organs, that led to a spinal cord injury.  Due to the negligence of both doctors, Ms. Little is now confined to a wheelchair and will never be able to walk again.  

The Honorable Stephen M. Waldron, who presided over the two week trial, indicated he has not heard of a bigger award in Harford County, Maryland.  Unfortunately, Maryland puts caps on pain and suffering and it is estimated that the maximum amount Ms. Little will receive is $680,000.00.

If you, a family member, or someone you know has sustained a serious and permanent injury as the result of medical negligence, please contact Portner & Shure and speak with one of our Maryland medical malpractice lawyers for a free consultation.  

Pedestrian Killed Crossing Route 40 in Harford County

The Aberdeen Police crash team is investigating an accident that occurred Friday, April 2, 2010.  Michael R. Patton, 49, of Aberdeen was struck and killed by a man from Edgewood operating a 2002 International truck in the eastbound lanes of Pulaski Highway near Carol Avenue, in Harford County.  The identity of the man operating the truck has not yet been released and a spokesperson for the police department indicated they are not sure if charges will be filed.

The accident occurred in a fairly dark location of the roadway.  The crash team when investigating these types of accident has to look at environmental issues, lighting and those types of things that could make it safer for pedestrians.   Pedestrians should also use crosswalks, whenever possible and look both ways before crossing a highway.  

Regardless, of whether it was pedestrian error or the driver's fault that the accident occurred, the pedestrian is entitled to benefits from that driver's policy.  Specifically, his family would be entitled to Personal Injury Protection benefits to cover funeral expenses up to the limit of coverage available under that driver's policy.  In the event the pedestrian also owned a motor vehicle and carried Personal Injury Protection benefits in excess of the driver who struck him, than his family could also look to his policy to cover additional expenses. The family of the deceased may also bring a wrongful death claim.  

If you, a family member, or someone you know has been injured in a pedestrian accident or any other type of automobile accident or you need more information on automobile accidents and Personal Injury Protection benefits, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.

Senate Votes to Increase the Minimum Auto Insurance Coverage

The State Senate voted 27 to 20 to increase the minimum amount of auto insurance coverage allowed by the state of Maryland. The state minimum was set at $20,000 and $40,000 and had been set without an increase since 1972. The current bill would increase this minimum to $50,000. The bill is currently on the desk of Governor Martin O'Malley to sign.

This bill faced widespread opposition by insurance carriers, the American Insurance Administration. The American Insurance Administration reported that two million car insurance policies in the state of Maryland carried only a minimum liability policy at the end of last year. The administration opposed the bill because it would cause an increase in insurance premiums of between 5 percent and 15 percent. They argued, an increase in premiums could also cause a drastic increase in uninsured motorist drivers. In other words, if people are unable to afford the insurance coverage they may be forced to not carry insurance at all.

The bill is meant to protect those involved in serious automobile accidents. Currently, if you are involved in a serious or fatal motor vehicle collision with an individual who has a minimal insurance policy, the most that you would be able to collect for your medical expenses, loss of income or pain and suffering is $20,000. With the increase of health costs, $20,000 doesn't go very far. In most of these cases, the injured party has medical expenses that exceed the amount of the policy. This bill would increase the minimal policy and assist those severely injured as the result of an automobile accident.

The bill was necessary and has been needed for sometime. Countless serious automobile accidents occur every year wherein the at fault driver has minimal insurance coverage. At least in the future more money will be available to pay for medical expenses, lost wages, and pain and suffering.

If you, a family member, or someone you know has been involved in a motor vehicle or truck accident, or if you would like more information on car accidents please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.

Intersection of Hayward Road and US 15 Hot Location for Car Accidents

A large number of accidents in Frederick County, Maryland are attributed to the cross traffic at Hayward Road and US 15. The Maryland State Highway Administration has made this area a top priority in Frederick. They have recently installed signs, new pavement markings, as well as a fresh rumble strips along the road in an effort to deter speeding and to help with awareness of the potential cross traffic. The Frederick County Sheriff's Office is also expected to increase speed enforcement on the Hayward Road.

Although these changes will most likely not have an immediate effect on the traffic in that area but the State Highway Administration is hoping that the combination of engineering tactics and law enforcement will help to encourage drivers to be more cautious.

Drivers who speed or fail to yield to the right of way can cause some of the most severe automobile collisions. Not only to car accidents cause damage to property and bodily injuries, traffic citations can be issued for these offenses and carry hefty fines. Insurance carriers can increase your insurance rates and repeat offenders could lose their driving privileges.

If you, a family member, or someone you know has been involved in an automobile accident wherein speed was involved or if you would like more information on car accidents, please contact Portner & Shure. Our Maryland accident lawyers are available to provide a free legal consultation.

Repeat Impaired Driver Crashes with Retired Montgomery County District Court Judge Who Spared Him in 1998. Who Will Spare Him Now?

Eleven years after the Honorable Edwin Collier spared a repeat offender for driving under the influence for two DUI(s) within three months, he veered into the Judge's lane of travel and struck his vehicle head on.  Judge Collier and his wife, Ellen, were driving in Gaithersburg when the head on collision occurred.  Judge Collier suffered a broken leg and fractured ribs, and his wife, Ellen, suffered a compound leg fracture, fractured hip, fractured ribs and a neck injury.  It was determined that the repeat offender, Rene E. Fernandez who was tested after the accident, had more than two times the legal limit of alcohol in his system.



According to Montgomery County Circuit Court records, Mr. Fernandez was to plead guilty to one count of causing a life threatening injury, while intoxicated.  The remaining charges would be dropped according to a plea agreement.  The sentencing guidelines call for up to two years in prison. Mr. Fernandez is presently awaiting disposition from the Circuit Court for Montgomery County.

Judge Collier and his wife, Ellen were forced to move from their Bethesda home to a retirement community due to diminished mobility caused by Mr. Fernandez.

If you, a family member or someone you know has been involved in an automobile accident involving a drunk driver or you need more information on automobile accidents or drunk driving laws, please contact one of our experienced personal injury lawyers or DUI lawyers at Portner & Shure for a free consultation.  

Pedestrian dies in Montgomery County Automobile Accident

On April 2, 2010, at approximately 5:54 p.m., Shu Bing Huang had just exited a bus at Veirs Mill Road and Randolph Road when she was struck by a motorist who jumped the curb striking her and then proceeded on to strike another vehicle.  Ms. Huang was pronounced dead at the scene.  The driver of the vehicle, 79 year old Thomas McCargo Rankin is alleging he does not know what caused him to lose control of his vehicle.  The Huang family has retained the law firm of Portner & Shure.  

An accident reconstruction is currently being conducted which can take anywhere between 6 to 8 weeks to complete.  The reconstruction unit will determine the approximate impact speed and the possible causes of this tragic automobile accident.  

In some states once a person reaches a certain age they are required to take their driver's test again to ensure they are still capable of operating a motor vehicle in a safe manner so as not to endanger the life of another individual.  This should be a law in all states to ensure the safety of other pedestrians and motorists on the highways.  Some other states have even gone further and once an individual reaches 80 years of age they are no longer permitted to drive.  

If you, a family member or someone you know has been involved in an automobile accident or you would like more information on automobile accidents, pedestrian accidents or medical emergency defenses, please contact Portner & Shure for a free consultation.  

Fatal Three Vehicle Car Accident in Severn

There was a deadly head on car collision that took place on April 7, 2010, in Anne Arundel County, Maryland. Anne Arundel County Police are currently investigating the cause of the collision. However, the preliminary evaluation has revealed that the driver of a Ford F-150 was traveling westbound on Donaldson when he crossed into oncoming traffic and struck a Ford Expedition head on. The collision caused the SUV to burst into flames.

When emergency response vehicles arrived on the scene, the SUV was engulfed in flames. The driver of the SUV and his passenger were pronounced dead at the scene. The driver of the pick up truck was rushed to Baltimore Washington Medical Center where he was later pronounced dead.

While the cause of this collision is under investigation at this time, witness statements and an accident re-constructionist could certainly assist in determining what happened. If the driver of the pick up truck is found to have been at fault for this accident, the families of those in the SUV could pursue a claim against his insurance carrier. They may be entitled to death benefits which could assist the family with burial costs.

Our Maryland accident attorneys have handled thousands of claims and are familiar with wrongful death claims. If this unfortunate event should happen to you or someone you know, please contact Portner & Shure for a free legal consultation.

Car Accident with Unmarked Police Vehicle

On April 8, 2010, a woman crashed her motor vehicle into an unmarked police car in Ellicott City, Maryland. The woman collided with the police cruiser when the police officer was making a left hand turn onto Court House Drive and sustained bodily injuries to her arm. Paramedics arrived on the scene and transported her to an area hospital. The police cruiser was not operating in an emergency capacity. Sirens and lights were not being used at the time of this collision. Further investigation into this accident is underway.

Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.

If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal consultation.

Montgomery County Police Officer dies in Single Vehicle Accident: Maryland Workers Compensation Applies

On April 4, 2010 at 2:20 a.m., Officer Hector Ayala was traveling west on Randolph Road in response to a call from another Officer needing assistance at the scene of a fight.  Officer Ayala was killed in route when his vehicle ran off the road and struck a tree.  If this accident were not tragic enough, Officer Ayala leaves behind a wife who is pregnant with triplets and a 14 month old son.  

Working the midnight shift, Officer Ayala, who was fluent in Spanish, was invaluable to the Wheaton district.  Many residents only speak Spanish, and therefore, he was often called on by other officers to help interpret.  

Little information is being released about the accident as police continue to investigate.  There could be any number of reasons this accident occurred, whether speed, in an attempt to assist a fellow officer, being cut off by another motorist, debris in the roadway, medical emergency, etc.  In this instance, if the accident was the officer's fault, his wife would be entitled to make a workers' compensation claim.  Further, if it was determined another motorist or circumstances other than the officer's negligence was the proximate cause of this accident than his survivors would be entitled to other benefits.  

Workers compensation applies because the officer was working in the course of his employment at the time of the accident.  Since he died the code requires that he have dependents to obtain a recovery.  In this case, he had a wife and several children.  Next, in addition to workers compensation, the family may be able to make a third party claim against the other driver, if it was determined another driver caused this accident.

It is important to always contact a personal injury attorney who is experienced in dealing with these types of claims to assist you and ensure you receive each benefit you are entitled to.

If you, a family member or someone you know has been involved in an automobile accident or you would like more information regarding automobile accidents, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation. 

Motorcycle Accidents Are Among the Deadliest Forms of Accidents in the Nation

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes has the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.

On the morning on April 5, 2010, the driver of a motorcycle attempted to make a left-hand turn near the intersection of Route 75 and New Market Road in New Market, Maryland. At the same time the driver of a Mercedes was driving straight through the intersection. The operator of the motorcycle failed to yield to the right of way and struck the Mercedes. As a result of the collision the motorcycle driver suffered severe head injuries and was pronounced dead at the scene. The driver of the Mercedes suffered only minor cuts.

It is imperative that all the rules of the road are followed in order to prevent tragic accidents such as this. Traffic control devices are in place to help maintain the flow of traffic in an orderly fashion. Stop signs and traffic signals should always be given proper attention.

If you, a family member, or someone you know was involved in a car or motorcycle accident wherein a party failed to yield to the right of way or if you would like more information on motor vehicle accidents, please contact Portner & Shure for a free legal consultation with our Maryland accident lawyers.

Hit and Run Accident Results in 10-year Sentence

In February of 2009, Thomas Rouleau was killed as a result of an automobile accident that occurred at McDaniel College in Carroll County Maryland. The 19-year-old student and four of his friends where struck by a pick up truck near the college campus. The passengers in the vehicle with Mr. Rouleau sustained bodily injuries. Charges were pressed against the driver of the pick up and a Carroll County Circuit Court judge ruled in March 2010 that he was guilty of negligent manslaughter.

Whenever any collision occurs with an automobile, it is a crime to flee the scene of an accident. Criminal charges can be filed against you as they were in this case and there are severe penalties associated with charges of this nature. The guilty finding will most likely be admissible in any civil lawsuit that stems from the automobile accident.

In the event that the "at fault" party is located, if they are proven to the cause of the accident, then claims for property damage, bodily injuries, lost wages and pain and suffering can be brought against them. However, in most hit and run collisions, the "at fault" party often does not have auto insurance. In this situation a claim can still be pursued against your uninsured motorist coverage. In these cases, your automobile insurance rates will not rise.

Our Maryland automobile accident attorneys have experience with dealing with uninsured motorist claims. If you would like a free legal consultation or if you would like more information on car accidents, please contact Portner & Shure.

Three Car Automobile Crash Turns Fatal Near BWI Airport

Multiple car collisions are incredibly common and it is sometimes difficult to determine who is actually at fault. In order to pursue a claim for property damage or bodily injuries liability must first be determined. There are a number of factors that are considered by the insurance carriers before they will assume liability for any collision and a thorough investigation will be done on their behalf.

Yesterday there was a three vehicle collision on Aviation Boulevard between Amtrak Way and Stoney Run Road in Anne Arundel County, Maryland near BWI Marshall Airport. The driver of a Jeep Wrangler was believed to have veered into oncoming traffic striking an Izusu truck then struck an unoccupied BWI Shuttle bus. The Maryland Transportation authority responded to the scene. The driver of the Jeep was pronounced dead at the scene. The driver of the shuttle bus was transported to Maryland Shock Trauma where he treated and released while the driver of the truck was not injured. The accident is still under investigation. The police do not believe that alcohol was involved.

Our Maryland accident lawyers can assist with expediting the investigation process in situations such as this. Our staff has handled thousands of claims ranging from simple rear end collisions to fatal motor vehicle accidents. The insurance carriers are well versed in collecting information that will provide them reason to deny an insurance claim. Defenses such as contribulatory negligence are often used by the insurance company. In these situations if a driver is just one percent at fault the entire claim will be denied.

If you have been involved in an automobile accident and would like a free legal consultation or if you would like more information on car accidents please feel free to contact Portner & Shure for a free consultation.

Teen Killed in Motorcycle Accident: Wear a Helmet!

Motorcycle drivers are involved in many of the most deadly and serious accidents in the nation. In the state of Maryland a driver of a motorcycle must possess a special class drivers license. In addition, motorcycle drivers are also held to the same standards as any other driver on the road. However, due to the obvious exposure that the motorcycle provides its driver, the risk of injuries while driving is much greater and both state and national accident statistics continue to prove this point. In Maryland all operators of motorcycles are required to wear a helmet and protective eye wear.

Recently a Lexington Park teenager was killed after his motorcycle crashed into a tree in Calvert County, Maryland. The teenager was operating a Yamaha YZ80, which is considered a type of motorcycle based on the Maryland definition. He was driving off road when he approached a hill and lost control of his bike and crashed. The responding police indicated that the teen was ejected from the bike before the bike came to rest on top of him.

Authorities immediately noted that the teen was not wearing any of the regulated safety gear as mandated by the State of Maryland. The teenager was transported to a local hospital where is was pronounced dead later that same night. No one will know if this teenager would have survived if he had been using a helmet. However, national statistics, as well as our injury law firms past accident cases, reveal that the survival rate goes up exponentially for those who wear a helmet.

If you or someone you know has been involved in a motorcycle accident or if you would like more information on car accident, please contact Portner & Shure for a free consultation.

Alcohol Suspected in Serious Automobile Head on Collision

At approximately 2:45 a.m. on March 18, 2010, a driver of a Ford F-150 is suspected of being intoxicated, he sped on Route 100 in Anne Arundel County, Maryland while traveling in the wrong direction. The driver struck a Toyota Camry head on. The driver of the pick up truck and his passenger were transported to Maryland Shock Trauma where they were reported as being in serious condition. The occupant of the Toyota Camry was rushed via medevac helicopter to the same hospital. The operator of the Camry has to be cut out of his vehicle by firefighters.

The accident remains under investigation and charges are still pending. The police however did issue a statement saying that "driver error, excessive speed and alcohol were contributing factors" in this accident. As a result of the collision Route 100 near Arundel Mills Mall just south of BWI Marshal Airport was temporarily closed.

Charges such as driving under the influence, reckless driving, or speeding have significant impact on your driving record. Repeated charges can result in the suspension or loss of your driving privileges in addition to hefty fines and penalties. It may also become difficult to get car insurance if you have charges such as these on your driving record.

The driver of the Camry could file a claim against the "at fault" party in this accident for property damage in addition to the bodily injuries he sustained as a result of this collision. Unfortunately in Maryland he may not be entitled to punitive damages by is entitled to recover for his pain and suffering as a result of his injuries.

If you, a family member, or someone you know has been injured in a motor vehicle collision or if you would like more information on car accidents, please contact Portner & Shure for a free consultation. 

Using a Cell phone While Driving? You May Soon be Required to Use a Handsfree Device.

On March 24, 2010, the Senate voted and approved a bill that will require all Maryland drivers to use a handsfree device if they will to use their cell phone while driving. Drivers will only be permitted to use their hands to turn on and off their phone and will not be allowed to hold their phones during a conversation. Violators could receive a citation of $40.00. The bill has not become law as of yet, but based on recent reports it appears that it will pass. The intent of course is to reduce a known distraction that causes automobile accidents.

If you, a family member, or someone you know has been injured as the result of an automobile accident or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.

Driver Intentionally Hits Four People With Car

In early March, the driver of a vehicle intentionally hit four people in Chillum, Maryland with his vehicle. Two of the victims sustained injuries after being struck on University Parkway. The Prince George's County Police are unsure of the reason behind this assault but indicated that this appeared to be a domestic matter. Although the driver was taken into custody after the assault, the details of the charges pending against him were not made available.

An intentional tort is defined as "a tort in which the actor is expressly or impliedly judged to have possessed intent or purpose to injure." This situation is a perfect example of an intentional tort. If the driver willingly got behind the wheel of a car and struck a crowd of people in an effort to hurt or injure anyone then his actions can be classified as an intentional tort.

Assuming the automobile insurance carrier covers this intentional act, the injured individuals in this situation could pursue a claim for bodily injuries against the driver of the vehicle.. The drivers' insurance carrier could be responsible for medical expenses, lost wages, pain and suffering or even mental distress. Problems may still occur with the amount of automobile coverage available since at least two people were hurt. In cases were multiple people are injured a Maryland automobile accident attorney must quickly determine all possible personal injury coverages.

If you, a family member, or someone you know was injured in a car accident or if you would like more information on automobile accident, please contact Portner & Shure for a free consultation.

Single Vehicle Car Accident Claims Another Life

Single vehicle accidents resulting in personal injuries are often caused by speed or reckless automobile driving. However, weather conditions can also play an important role in these traffic accidents. The recent rain storms have caused flooding in some areas and left roadways very slippery.

A recent single vehicle accident claimed the life of a 21-year-old woman. She was driving her Lexus on Snowden River Parkway in Columbia, Maryland when she swerved to avoid a collision with another vehicle. As a result of her swerving, she struck a tree and was pronounced dead at the scene by paramedics.

An accident re-constructionist could be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at the time of the cars impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident either lost control of her vehicle, or was cut off by another driver, or if her vehicle was not working properly.

In some cases, even if the other driver leaves the scene, fault could be attributed to that driver if a proper investigation is conducted. Our personal injury lawyers have been involved in several lawsuits that hinged on a thorough accident reconstruction.

If you, a family member, or someone you know has been involved in automobile accident where someone was injured or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.

Accident in Carroll County Causes Fatality

In March of 2010, there was a fatal car accident in Westminster, Maryland when two vehicles collided. The driver of a Toyota Camry was traveling on Route 140 in Carroll County when the driver of a pick up truck ran a red light at the intersection of Route 140 and Bethel Road. A passenger in the Toyota was injured and transported to Maryland Shock Trauma while the driver was pronounced dead at the scene.

Automobile accidents resulting in injuries wherein individuals fail to yield to the right of way are very common. Traffic signals and stop signs are put in place to help direct and control traffic. They however, cannot stop human error. Failure to pay full attention and adhere to these signals will result in citations or worse, a serious even, as in this case, a fatal car accident.

Assuming that the driver of the pick up truck did in fact run a red light he could be found liable for this car collision and be forced for pay for any property damage and bodily injury claim for those who were injured. A wrongful death claim could also be brought against his insurance carrier by the family members of the deceased. In the event that the driver did not have insurance coverage a claim can be made under the drivers Uninsured Motorist Coverage. In all automobile cases resulting in fatality asset searches of the defendant must be conducted. In the event the defendant has sufficient assets, he often should be sued since most automobile accident insurance policies do not provide adequate death benefits. The accident attorneys at Portner & Shure carefully determine all available assets in all cases where the injury value exceeds the policy. If you are unsure of what benefits you are entitled to in a case resulting in a death, call one of our Maryland accident lawyers.

Rollover Crash Injures 4 People: Is the Driver Responsible for the Car Accident?

In late March, a vehicle traveling on Interstate 70 in Frederick County, Maryland lost control and rolled over several times. In the vehicle were four people. All the individuals in the vehicle were transported to a local hospital for observations. Although the cause of the accident is unclear, the Maryland State Police noted that there was a steady rain falling at the time of the accident which could have attributed to the cause of the accident.

All automobile drivers need to be cautious when driving in adverse weather conditions to avoid automobile accidents. Failure to do so could be deadly or lead to serious bodily injuries. Remember that in heavy rain, a driver still maintains an obligation to drive his car at a reasonable and prudent speed with is consistent with the current weather conditions. In other words, if a driver is traveling at the posted speed limit, he or she can still be found negligent of exceeding a safe speed if the weather conditions are hazardous.

If you have been involved in an automobile accident and are not sure of your legal rights, you may contact Portner & Shure for a free legal consultation.

Montgomery Car Accident Kills Man and Injures 2 Others

Police are investigating a car accident that occurred, Sunday, March 14, 2010, near the intersection of Route 28 and White's Ferry Road in Boyds.  Michael Stoos of Sandy Spring, died when his vehicle crossed the double yellow line into oncoming traffic and crashed into a white box truck traveling in the opposite direction. The truck driver and the passenger in his vehicle were hospitalized with non-life threatening injuries. The Montgomery County police are looking for any witnesses to this accident to come forward.  

While the cause of this accident is still being investigated, there could be any number of reasons for the driver to cross over the double yellow line.  If it determined that a medical emergency was the cause of this accident, the truck driver and passenger could be precluded from making a claim against the deceased's policy of insurance.  It is important to consult with an attorney in this type of situation as there is a "sudden emergency defense".  An attorney can help you investigate and determine if there was a true medical emergency and whether the driver could still be held accountable for his actions, in the unlikelihood he had a seizure and was not taking his medication.  This defense falls apart if the driver was on notice that a problem could occur while driving. 

If you, a family member or someone you know has been involved in an accident involving an emergency situation or you need more information on this type of motor vehicle accident, please contact Portner & Shure for a free consultation.

Maryland Judge to Stand Trial for Drunk Driving

A Washington County Circuit Court Judge is scheduled to stand trial for allegedly driving under the influence. He is accused of operating his sports-utility vehicle while intoxicated and sideswiping another vehicle in Hagerstown, Maryland. The driver of the other vehicle was treated for minor injuries. The Hagerstown Police Department indicated that the Judge has a blood-alcohol level of .18 percent. This is more than twice the legal limit.

This is an example of how a person in a position of power can also be punished in accordance with the laws of the state. The individual he struck could make a claim against his insurance carrier for his or her bodily injuries. Had this accident occurred in Virginia the injured person would be entitled to punitive damages in addition to any bodily injury recovery.

If you, a family member, or someone you know was involved in an automobile accident as the result of a person being intoxicated or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.