Maryland Criminal Defense Attorney | Impaired Driving Crashes

What happens if a drunk driver kills someone? Impaired driving is one of Maryland's highest priority traffic safety issues. If you are involved in an impaired driving accident, you could be charged with a number of different criminal offenses, including but limited to, manslaughter by vehicle in violation of Md. Crim. L. Code Ann. § 2-209, homicide by motor vehicle while under the influence of alcohol in violation of Md. Crim. L. Code Ann. § 2-503, homicide by motor vehicle while impaired by alcohol in violation of Md. Crim. L. Code Ann. § 2-504, driving a vehicle on a highway in excess of the posted miles per hours limit, and driving a motor vehicle in wanton and willful disregard for the safety of personal and property in violation of Md. Trans. Code Ann. § 21-901.1A. When faced with such high-stakes charges, it is important you enlist an assertive attorney from Portner & Shure to fight for you.

Maryland's definition of an impaired driving crash is at least one of the drivers involved in the crash was reported to be under the influence of alcohol and/or drugs. Impairment is determined through the driver condition, blood alcohol content, substance use and contributing factor fields on the crash report.

According to Maryland's 2014 Highway Safety Plan, over the past five years, an average of 8,216 impaired driving crashes has occurred annually on Maryland's roadways. On average, 185 people have lost their lives and 4,352 were injured each year. This loss of life represents approximately one-third of all of Maryland's traffic fatalities. The highest number of impaired driving crashes occurs among male drivers between the ages of 21 and 49. The highest concentration of impaired driving crashes is recorded in the Baltimore/Washington metropolitan area, which includes Baltimore City, central Maryland, and Washington D.C. 5 jurisdictions--Prince George's, Baltimore, Montgomery, and Anne Arundel counties and Baltimore City-account for more than 60 percent of all impaired driving crashes statewide.

Traffic related prosecutions, particularly DUIs and DUI-fatalities, are among the most complicated cases to handle. The highly experienced attorneys at Portner & Shure can begin working on your vehicular homicide case immediately to ensure your rights are protected. The committed attorneys will work tirelessly to build a strong defense and find weaknesses in the prosecution's case. 

Johns Hopkins Bicycle Accident Leads to $10 Million Lawsuit

Recently the Baltimore area bicycling community has been united by tragedy on the campus of Johns Hopkins University. A 20 year old student at Johns Hopkins was riding his bicycle down University Parkway in Baltimore City this February when he was struck by an elderly motorist. The Johns Hopkins student is not expected to recover brain function and his family believes there is no hope for any meaningful recovery. The brain damage caused by the accident appears to be permanent. The brain injury resulted from a lack of oxygen due to the fact that the young bicyclists was pinned underneath the vehicle that struck him. The accident occurred when an 83 year-old woman made a right turn into a driveway. In addition to being run over and pinned beneath the automobile, the young man also suffered third and fourth degree burns on his face and torso along with bone fractures, cuts and bruises.

The Ellicott City family of the young man is left with the strong possibility that their son will never recover any cognitive function. On March 22^nd, the family sued the driver for $10 million dollars charging that she violated multiple traffic laws. One important detail that is essential to the ultimate outcome of the case is the fact that the injured bicyclist was riding in the bike lane. The family's lawyer says the lawsuit will serve to cover some of the astronomical medical expenses that insurance will not. The case has drawn a strong response from local bicycle advocates who, among other claims, consider the Baltimore Police Department's response inadequate. Their opinion that the response was inadequate is mainly due to the department's hesitation to charge the elderly woman.

The driver of the car was eventually charged with negligent driving and failure to yield the right-of-way to a bicyclist in a designated bike lane. In order for the woman to be charged with vehicular manslaughter, should the victim die, a finding of gross negligence is required. The State's Attorney said an investigation found no such evidence. The bicyclist's family was comfortable with the decision and has no desire to see the driver put in jail. Bicycle advocates were pleased that there was an investigation and traffic charges were filed.

If you or someone you know was injured in a bicycle accident contact the personal injury lawyers at Portner & Shure for a free consultation.

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.

Minor Accident in Prince George's County Becomes Fatality

A minor car accident for two men ends in tragedy in Prince George's County, Maryland. The accident occurred in Adelphi on February 1, 2010, at the intersection of Riggs Road and Forest Dale Drive. The men had pulled their respective vehicles onto the shoulder of Riggs Road to exchange insurance information. While exchanging information, a third car being driven by a Beltsville woman struck both men and their parked vehicles. Both men were pronounced dead at the scene.

The woman driving the 2005 Cadillac SUV was arrested at the scene and it is believed that she will be charged with vehicular manslaughter. Sources close to the investigation confirm alcohol was a major factor in this tragic accident.

This was a senseless tragedy that could have been avoided. The families of these victims are entitled to recover for their losses. They have the right to make a claim against the drunk driver's insurance for wrongful death, in addition to personal injury protection benefits from that driver's policy since they were not in their vehicles at the time of the accident. There might also be death benefits available to them. It is important to have an attorney who is familiar with tort claims and will aggressively pursue all available benefits for the family of the deceased. Portner & Shure has handled hundreds of claims of this magnitude with excellent results.

If you, a family member, or someone you know has been injured or died 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.