Friday, January 29, 2010

Million Dollar Verdict in Prince George's County Car Accident

In December of 2007 a college student from the University of Maryland was on his way to take a final exam when his vehicle was struck by a police officer. As a result of the collision the University of Maryland student was killed. The family of the decedent filed suit against the Prince George's County Police Department stating that it was negligent. Prince George's County argued that the student was contributory negligent. A civil jury found in favor of the decedent's family and awarded $4 Million dollars in damages.


It is important to note that Maryland recognizes contributory negligence. This means thatif you are found to be at least partially (or at least 1%) at fault, you cannot recover for your damages.


The award of compensation was later reduced to substantially due to the Local Government Tort Claims Act. This law states that the exposure of local government agencies are limited to $200,000 per individual claim or $500,000.00 for total claims for the same accident. Therefore,although the Court may have awarded compensation for the family of the decedent, the award was substantially reduced to the current rules and regulations.


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



Serious Single Vehicle Accident Kills Three in Prince George's County

In April 2009, there was a horrible accident that occurred in Laurel, Maryland, which claimed the lives of three people and injured a fourth. The single vehicle accident occurred near Muirkirk Road in Prince George's County, Maryland. The driver of the vehicle lost control of the vehicle struck a utility pole and fire hydrant.


In the event that a driver of a vehicle may be at fault for the accident, that fact does not prevent a passenger from pursuing a claim when bodily injuries are involved, or in this case a tragic death. A passenger, or the family of a passenger, may pursue a claim against the driver's insurance policy. Death benefit coverage can be paid in the event a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. In addition to death benefits, it is possible to also pursue personal injury protection benefits, which could aid a family in medical expenses and/or funeral costs. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.


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



Car Accident Involving Police Vehicle in Howard County

On January 20, 2010, an unmarked police vehicle was traveling eastbound along Route 108 in Columbia, Maryland. When the officer was making a left hand turn on Bendix Road he was hit by another vehicle traveling westbound on Route 108 in Howard County. The drivers of both vehicles were taken to Howard County General for injuries.


Although emergency vehicles have their own set of rules to which they adhere while driving, it is unclear in this situation as to what capacity the unmarked police cruiser was being used. 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..


If you, a family member, or someone you know has been injured in a motor vehicle accident that involves the use of an emergency vehicle or would like more information on car accidents, please contact Portner & Shure.



Wednesday, January 27, 2010

Two Serious Bus Accidents in Harford County, Maryland

Monday, January 18, 2010, a school bus was stopped at a red light on Route 40 in Edgewood, Maryland when a man drove his vehicle under the school bus. The man, 72 year old Theodros Dimitrios Xenakis of Forest Hill, Maryland had to be cut out of his vehicle and was flown to Maryland Shock Trauma in serious condition.


Tuesday, January 19, 2010, a second serious bus accident occurred at 2:00 p.m. when a Ford Expedition collided with a Harford County school bus near Harford Technical High School. The driver of the Ford Expedition also had to be cut out of his vehicle and was taken to Bayview Medical Center in Baltimore City for his injuries.


Thankfully in both accidents no children were injured. In the United States there are more than 450,000 school buses that transport our children to and from school. The safety of children is a daily concern for parents, teachers, daycare providers and anyone taking children into their care. Bus drivers assume the responsibility for children everyday ensuring their safe return to and from school.


If a child is injured in a school bus accident it can change their life as well as the lives of their parents in an instant. Parents should be aware that companies that provide public transportation vehicles can be held liable for the safety of their vehicles. It is important that you consult with an experienced bus accident injury lawyer if you or someone you know is injured in this type of accident. Portner & Shure has handled countless bus accident cases, including one where we sued Peter Pan Bus Company for the driver's negligence. The driver was overworked and in fact fell asleep at the wheel while driving on Interstate 95 in Harford County. The recovery against the bus company was $ 550,000.00.


If your child or someone you love has been injured in a bus accident, you should contact an experienced attorney. The attorneys at Portner & Shure have many years of experience representing bus accident victims in Maryland, Virginia and the District of Columbia.



Thursday, January 21, 2010

Negligent Driving Causes Death Of High School Student In Howard County

In November 2009 there was a tragic single vehicle accident that claimed the life of a popular River Hill High School football player in Howard County, Maryland. The driver of the vehicle, a good friend of the passenger, lost control of his pick up truck, and struck three decorative pillars before overturning. Steven Dankos was pronounced dead at the scene of the accident. The driver and additional passenger sustained injuries as well. The driver of the vehicle, David Erdman, was charged with driving under the influence, manslaughter by motor vehicle, and homicide by motor vehicle.


Drunk driving is one of the most preventable forms of negligent driving but yet there are thousands of people killed every year because of a drunk driver. Drinking causes reflexes and senses to become impaired, teenagers seem to be less aware of this fact. Statistics through the country show that accident involving drunken drivers occur far more frequently with teenagers then any other age group. To make matters worse, while the families are all left with a terrible loss, and may have no interest in criminal charges, it is not their choice. The Howard County Police will review the incident and will proceed with charges regardless.


If you, a family member, or someone you know has been injured in a motor vehicle accident due to the negligence of another party or you would like more information on car accidents, please contact Portner & Shure for a free consultation.



Alcohol May Have Contributed to Single Vehicle Accident in Howard County

On Friday, January 15, 2010, at approximately 3:20 a.m., there was a serious single car accident on Broken Land Parkway in Howard County, Maryland near Stevens Forest Road. The causes of the accident were not clear. However, it is suspected that alcohol was involved. One of the passengers was transported to the University of Maryland Medical Center in Baltimore City for serious injuries. The driver was taken to Howard General Hospital for minor injuries while another passenger was evaluated by paramedics at the scene and released.


Although the driver of a vehicle may be at fault for the accident, that fact does not prevent a passenger from pursuing a claim when bodily injuries are involved. A passenger has the opportunity to pursue a claim against the driver's insurance policy. However, if the passenger got into the vehicle knowing that the driver was intoxicated the insurance carrier may deny the claim. Under these circumstances the carrier will argue that the passenger assumed the risk of an injury and therefore cannot recover. Clearly, this is yet another reason not to drive with someone who has been drinking.


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



Wednesday, January 20, 2010

Pedestrian Accidents a Major Concern in Montgomery County

Pedestrian accidents are a major concern in Montgomery County, Maryland. Statistically there have been more pedestrian accidents in Montgomery County than homicides, making pedestrian accidents one of the top three causes of death in the county. The general consensus believes there are as many careless walkers as careless drivers that have caused hundreds of pedestrian-involved accidents in Montgomery County. Typically more pedestrian accidents occur in the winter months when it becomes dark around 4:30 to 5:00 p.m. and motorists cannot see the pedestrians.


According to an article in the Washington Post, approximately 22% of Maryland pedestrian accidents occur in parking lots and present a significant danger, especially to senior citizens. The county spends over $30 million a year on pedestrian safety. County Executive Isiah Leggett is planning on launching a campaign to focus on parking lot safety. It would appear that traffic engineers need to design dedicated paths throughout parking lots away from the cars for the safety of the pedestrians and to decrease the rise in these types of accidents.



In Maryland, if a pedestrian is struck by a car and is injured, he has the right to make a claim against the driver of that vehicle, and is also entitled to make a claim for personal injury protection benefits (no fault benefits) against that driver's policy. The pedestrian should also be aware that if they too own a car and have personal injury protection benefits greater than the vehicle that struck them, they can also make a claim with their own company for the excess benefits. Naturally the issue that is raised as a defense in most Maryland pedestrian accidents is contributory negligence, which would bar the pedestrian from recovery.


Knowing the laws of contributory negligence, that many presume is unfair and outdated, can make the difference in winning your case. Portner & Shure has handled hundreds of pedestrian accidents and has been successful overcoming the issue of contributory negligence. It is also important to have a firm, like ours, that is in the Montgomery County courthouse on a weekly basis, trying cases and is familiar with the practices of the defense attorneys defending these claims.


If you, a family member, or someone you know was a pedestrian struck by a car, truck, motorcycle or any type of motor vehicle and would like more information on pedestrian accidents, please contact Portner & Shure for a free consultation.


Friday, January 15, 2010

Motor Vehicle Accident Shuts Down Route 270

On January 15, 2010, the morning commute of drivers on Route 270 in Frederick County came to a complete halt. At approximately 8:00 a.m., Mr. Robert Riley began to slow his vehicle due to the heavy traffic on Route 270 near Buckeystown Pike. Mr. Riley was driving his truck when he was struck in the rear. The operator of the vehicle that struck Mr. Riley was flown to R. Adams Cowley Shock Trauma Center in Baltimore, Maryland with serious but non-life threatening injuries. Mr. Riley was transported by ambulance to Frederick Memorial Hospital with minor injuries.


This accident is an example of the various injuries that can be caused by such a serious collision. Traffic accidents can result in injuries ranging from minor sprains to more serious injuries such as internal bleeding, broken bones or even traumatic brain injuries. Car accidents that occur at a higher rate of speed have a greater potential of leaving a person with permanent injuries.


As a general rule, the driver of a motor vehicle may not follow another vehicle closer then what is reasonable. The operator of the vehicle must maintain a reasonable speed for the driving and traffic conditions. There are specific laws surrounding what is considered to be "reasonable" based on the circumstances of the situation.


If you, a family member, or someone you know has been injured in a motor vehicle accident where you were rearended, or if you would like more information on car accidents, please contact Porter & Shure.


 



Single Vehicle Accident Claims Life of Frederick County Man

The Frederick News Post reported a single vehicle car accident on January 9, 2010, which resulted in the death of a Walkersville man. Donovan C. Phillips of Walkersville was driving his 2005 Kia Optima on Maryland Route 26 just east of Monocacy Boulevard when Mr. Phillips had a medical emergency and lost control of his vehicle. He crossed a median into the eastbound lanes before hitting a fire hydrant and finally coming to rest on the shoulder of Route 26. Mr. Phillips was pronounced dead upon his arrival at Frederick Memorial Hospital.


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. With respect to liability, if you are injured by a person who has a medical emergency several things may need to be proven. First, did this person have reason to believe that their medical condition could put themselves or others at risk. For example, if a person has a seizure and it causes an accident, did that person know of the seizure disorder prior to the collision.


If you, a family member, or someone you know has been injured in a motor vehicle accident due to the medical condition of another person, or if you would like more information on car accidents, please contact Portner & Shure.



Poor Road Conditions and Automobile Accidents

Poor weather conditions can result in single or multi-vehicle accidents. The most recent snow storm is a perfect example of how weather can impair a person's ability to drive. Poor weather and, as a result, road conditions contribute to thousands of accidents in the Maryland, Virginia and Washington, D.C. areas every year.


Over the past few weeks, automobile accidents in Frederick County, Maryland has been on the rise. On December 31, 2009, a sports utility vehicle slid into a Frederick County Fire and Rescue vehicle that was traveling in the opposite direction near Point of Rocks. The fire truck was responding to a single vehicle accident on Route 464. The passengers of the SUV and fire truck had to be taken to Frederick Memorial Hospital for medical attention. The icy road conditions were reported as being the cause of this accident. Unfortunately, when road conditions case an accident negligence maybe impossible to prove.


Regardless of the type of vehicle that a person may operate, car accidents can happen to anyone at anytime. Traffic accidents can result in injuries ranging from minor bruising and sprains to more serious injuries such as internal bleeding, fractures or even traumatic brain injuries. Head-on collisions and other motor vehicle accidents that occur at a higher rate of speed have the potential of leaving a person with permanent injuries.


If you, a family member, or someone you know has been injured in a motor vehicle accident due to poor road conditions, or you would like more information on car accidents, please contact Portner & Shure.


 



Motor Vehicle Triple Fatality in Harford County

A Harford County jury indicted a Darlington man for three counts of vehicular manslaughter and DUI/DWI . The indictment of Travis Gray was the result of a fatal car accident that occurred on November 14, 2009, on Route 543 in Harford County, Maryland. It was determined by the Maryland State Police Crash Team that Mr. Gray was operating his vehicle northbound on Route 543 when he crossed over the double lines and hit a 1998 Ford Truck head-on. All occupants of the Ford Truck were killed and were residents of Street, Maryland.


While an indictment was not handed down until December 15, 2009, is due to the extensive investigation of the Maryland State Police Crash Team. They are required to do a thorough investigation and inspection of the vehicles from the brakes to the headlights as well as analyze the road to determine speeds and directions of the vehicles involved. It is important that these steps are done accurately to ensure the conviction of the guilty driver.


Statistically, almost every half hour a car accident occurs as the result of a drunk driver. Often too many times this accident could have been prevented. The key to stopping this is intervention, tougher laws, and harsher sentences. Its too late once the drunk driver gets behind the wheel of his vehicle. What can you do to prevent another death or accident as the result of drunk driving? It can be as simple as taking the person's keys, or finding them an alternate ride. Everyone should be aware that penalties including increased jail time are now used by the Harford County Courts and courts throughout Maryland as a deterrent.


If you, a family member, or someone you know has been injured in a car accident involving drunk drivers or you would like more information on car accidents, please contact Portner & Shure.