What Is Contributory Negligence in a Maryland Automobile Accident Case?

Maryland is one of five states that uses contributory negligence instead of comparative negligence. The majority of states use the doctrine of comparative negligence which means, when both the victim and the defendant contributed to an accident by failing to exercise a reasonable degree of care and caution, each party's degree of liability is apportioned. The total amount that an accident victim is awarded is lessened in direct relation to his or her own negligence. For instance, if a jury found that an accident victim was entitled to $1,000,000.00 in damages but found that the victim was 20% at fault, the jury award would be $800,000.00.

Maryland's contributory negligence doctrine is more cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages.

Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. When the defendant is negligent and the victim is contributorily negligent, the Plaintiff can still recover damages if there is a showing that something new or sequential affords the defendant a fresh opportunity to avert the consequences of his original negligence.

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.

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.

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.

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.

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.

$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.

Hazardous Road Conditions in Harford County Contribute to Accident.

The first of the major snow storms to hit Maryland had just started to fall on Friday, February 5, 2010, when a 2002 Chevrolet Ventura being operated by Carrie Ann Brown drifted to the right and struck a 1987 Mack dump truck. The dump truck, which was under contract with the Maryland State Highway Administration and being operated by Robert Singleton, Jr. of Forest Hill, was parked on the shoulder of the road on standby for the pending snow storm. The accident occurred on Paradise Road in Aberdeen near the I-95 overpass.

The driver of the Chevrolet and her 15 year old daughter were both taken to Bayview Hospital in Baltimore City in serious condition. Brown's two other children were also transported to nearby medical facilities for less serious injuries. Hazardous road conditions were believed to be the cause of the accident.

As the record snow fall for Maryland continues to grow, so does hazardous and icy road conditions that are the cause of the growing number of accidents over the last couple of weeks. In situations when an accident is due to poor road and/or weather conditions it can be hard to prove negligence, unless the person who caused the accident was not driving in accordance with the proper precaution for the poor weather conditions. What constitutes proper precaution is normally common sense. It is important to seek the advice of an attorney to assist you with accidents that occur in hazardous weather conditions, since different rules do apply.

If you, a family member or someone you know has been injured in an automobile accident that was the result of icy or snow covered roads or any other weather or poor road conditions you can contact Portner & Shure for a free consultation.