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.

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.

$5 Million Lawsuit Filed in Fatal Bicycle Accident

Mr. John Yates, a 67-year-old bicyclist, was riding his bicycle on Maryland Avenue in Baltimore, Maryland on August 4, 2009 when he was struck in the rear by a truck owned by Potts & Callahan. The collision caused the bike to get stuck under the wheels of the truck when the truck made a right hand turn onto Lafayette Avenue. Yates were pronounced dead at the scene. The driver of the truck failed to stop after the accident. The truck was found two days later in the Potts & Callahan service yard with a blood and hair still on the front tires. DNA testing confirmed that the truck was involved in this collision.

On March 3, 2010, the family of Yates filed a multi-million dollar lawsuit against Potts & Callahan for wrongful death. The lawsuit accuses the driver of the truck and Potts & Callahan of negligence. The dispute in this matter is whether or not Yates was in full compliance with Maryland law.

According to the law in Maryland, the operator of a bicycle must stay as close to the right side of the roadway as practicable except when turning left. There are exceptions to this rule, a bicyclist must use a bike lane or smooth shoulder whenever one is available and may not ride on a controlled road with a speed in excess of 50 miles per hour. It is important to note that the violation of any of these rules does not constitute negligence as a matter of law unless the violation is the proximate cause of the injury. If the bike rider was found to have contributed to accident, his estate is completely barred from any recovery.

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