Maryland Auto Accident Attorney | Maryland Cell Phone, Texting, and Driving Laws

Can I send a text message or talk on my handheld cell phone while driving in Maryland?

No. Maryland bans cell phone use while driving without a hands-free device. This means you cannot have the phone in your hands while driving. Instead, drivers must use a hands-free device, like a Bluetooth headset, if they wish to talk on their cell phone.

Can law enforcement officers pull me over for talking or texting on my cell phone?

Yes. In Maryland, the use of handheld cell phones (includes both talking and texting) while driving is a primary offense. This means law enforcement officers in Maryland have the authority to pull drivers over for talking and/or texting on a cell phone without using a hands-free device. The offense was previously a secondary offense, requiring officers to pull you over for something else before citing drivers for using their phones improperly.

What are the fines associated with getting pulled over while using a cell phone while driving in Maryland?

A first-time offender will be fined $83, including court costs. A second offense will cost $140 and increase to $160 for a third and subsequent offense. In addition, if the violation contributed to an accident, 3 points will also be assessed in addition to the fine.

What if I need to use my cell phone for an emergency?

Drivers can use their phones to call or text 911 in the event of an emergency. Maryland law continues to ban the use of cell phones while driving for school bus drivers, those under 18 and adults who hold learner's permits.

The Best Maryland Injury Lawyers Know Crosswalks: Do You?

Many Marylanders know that they are supposed to walk inside of a crosswalk when crossing an intersection. However, most do not know the potential consequences of failing to do so, and the many nuances in Maryland's laws, like the effect of contributory negligence on pedestrians and crosswalks. In fact, injury attorneys in Maryland are confronted with the harsh consequences of crosswalk accident cases every day. This piece addresses some tips on how to avoid being on the wrong side of Maryland's crosswalk laws.

In Maryland, a crosswalk exists where a sidewalk ends at the street. Therefore, there are two types of crosswalks. The first is a "marked crosswalk." The second, and less commonly known, is an "unmarked crosswalk." An unmarked crosswalk is defined under Maryland Law as: "that part of a roadway that is within the [continuation] or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any kind meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway." In other words, there does not have to be a marked path or a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches a street and ends, even if there is no sidewalk on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would have extended into the street. Therefore, in unmarked areas as these automobile accident victims have the right-of-way.

Pedestrians should also know that they may not cross an intersection diagonally, unless there is a crossing device that not only permits a pedestrian to cross the intersection diagonally but also signals the pedestrian to do so. Furthermore, a pedestrian is required by law to walk on the right half of a crosswalk. In the case of jay-walking pedestrians, Maryland places a high duty of care on the pedestrian. This means that a pedestrian who crosses a street without using a crosswalk has the responsibility of making sure that no car hits them. This is important because many people believe that the operators of vehicles have the responsibility not to hit pedestrians. Yet, it is pedestrians who have the responsibility of not being struck by a vehicle when crossing at a location other than a crosswalk. Therefore, pedestrian accidents that occur outside of a crosswalk often lead to no personal injury recovery for such automobile accident victims.

Maryland is one of the few states that requires its personal injury attorneys to confront the rule of contributory negligence. Under Maryland Contributory Negligence law, if a person injured by another is negligent leading up to the automobile accident that caused them harm, that person is completely prevented from recovering against the party that injured them in the collision. In the case of a pedestrian hit by a motor vehicle, this means that if a pedestrian fails to follow the proper rules of the road regarding pedestrian street-crossing, a pedestrian can be out of luck when he or she looks to the Maryland courts for justice in their personal injury claim.

Because of contributory negligence laws in Maryland, even the best and most experienced Maryland personal injury lawyers can do little to help a victim recover in an automobile accident case if he or she was negligent in crossing a street. Therefore, it is important to know that when crossing a street pedestrians should make sure to walk within crosswalks and obey traffic signals. By doing this, the right-of-way is on your side when you need an experienced Maryland Injury Attorney to fight for you.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, pedestrian accident, and would like a free legal consultation or if you would like more information on car accidents or personal injury, please feel free to contact our office or visit us on the web at www.portnerandshureaccidentlawyers.com.

 

State Trooper Ends Chase In Harford County, Maryland

On February 8, 2011, Federal Marshals issued a lookout for a silver Ford Taurus with Virginia tags in the Harford County area.  The operator of the vehicle, Brandon L. Pegram, 23, of Virginia was believed to be armed with a handgun and shotgun.  According to police officials, Pegram held his family hostage and threatened to harm any law enforcement officers who attempted to capture him. 

The vehicle was spotted by deputies at approximately 2:47 p.m. on Route 40 at Gateway Drive in Edgewood, Maryland.  The deputies attempted to initiate a stop when the vehicle fled the scene and traveled on Route 40 towards Baltimore County.  State Troopers from the Bel Air Barracks as well as Baltimore County officers joined in the pursuit.

Pegram attempted to ram civilian motorists and run down two deputies.  When he attempted to strike one of them a second time, causing the deputy to dive out of the way, a State Police Sergeant used his patrol vehicle to impact Pegram's vehicle.  The Trooper used a pit maneuver to force the suspect's vehicle to the side of the interstate and up against the guardrail.   The Trooper impacted Pegram's driver side door to prevent him from escaping on foot.

After resisting arrest Pegram was taken into custody with minor injuries.  He is facing charges of robbery, felony assault, kidnapping, first and second degree assault, vehicle theft, reckless endangerment, malicious destruction of property, and numerous traffic violations. 

Fortunately, innocent motorists were not injured in this accident.  Not to say, that the State Trooper who was forced to ram his patrol car into the suspect's vehicle did not sustain injuries.  In the event he did sustain injuries he would be entitled to make a claim for workers compensation as he was in the course of his employment when this accident occurred.  Workers compensation benefits an individual for an accidental injury at work.

In the event the suspect had endangered the lives of the other motorists or caused them bodily injuries they would have claims for personal injuries. Unfortunately, their claims would be known as uninsured motorist claims as they would not be able to make a claim against the owner of the vehicle the suspect was driving, as the vehicle was stolen.  Instead, the injured parties would be entitled to make a claim under their own automobile insurance for uninsured benefits.

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

Plea Reached In Triple Fatality In Harford County, Maryland

More facts have come to light in a triple fatality accident that occurred in Harford County, Maryland, involving a drunk driver, which we blogged on a little over a year ago. In the blog, we questioned what steps could be taken to avoid this tragic accident. Naturally, the most logical would have been to take away the drunk driver's keys. Or in this particular case, stop serving the individual more alcohol and ensure that he does not get behind a wheel of a motor vehicle.

Travis Nelson Gray of Darlington entered a plea of guilty to three charges of negligent homicide while under the influence before his trial was scheduled to start in the Circuit Court for Harford County. On November 14, 2009, Gray was operating his 2002 Ford F250 north on Route 543 when he crossed into the lane for southbound traffic and collided head-on with a 1998 Ford F150 truck. Two of the occupants of the pickup truck, James Bielanski and his wife, Pamela Bielanski of Street, Maryland were pronounced dead on the scene. The other passenger, William Arbogast also of Street, Maryland was transported to Maryland Shock Trauma and died the next day.

Deputy State's Attorney H. Scott Lewis stated during the plea hearing that Gray's eyes were bloodshot at the scene and he stated that he had 3 or 4 beers, but refused to say where. Later police obtained Gray's bar tab from the Old School Tavern in Dublin, Maryland, which in effect resulted in Gray admitting that he had consumed alcoholic beverages at the tavern before the accident. The Maryland legal blood alcohol limit is .08. At the time of the accident Gray's blood alcohol limit was .27.

Thus, in going to back to imposing tougher laws and harsher sentences, should Old School Tavern be responsible to the victims in this fatal accident? Should a reasonable person be able to tell when an individual has had to much to drink? Interestingly enough, last June, the Harford County Liquor Board fined the tavern $6,000.00 and issued two seven day suspensions for three violations that occurred the same morning as the triple-fatal accident. However, this does not answer the question whether they too should be jointly liable for the wrongful deaths of these three victims.

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 visit us on the web at http://www.portnerandshureaccidentlawyers.com.

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.

Single Vehicle Accident Causes Death of Fort Washington Woman

On February 4, 2010, a 79-year-old woman was killed when her husband suffered a medical condition while driving the couple's car and crashed into a tree in Clinton, Maryland. The driver of the vehicle lost control of the vehicle and hit the nearby tree. Both occupants of the vehicle were taken to a local hospital were the passenger was pronounced dead.

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. Additionally, if you were a passenger, did you know of the condition? If so, and you still went for a drive, your claim may be barred by the doctrine of "assumption of risk." Since several factors come into play in these cases, even you think you did nothing wrong, do not talk to an insurance adjuster without first consulting an attorney.

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

Routine Police Stop Turns Into Hot Pursuit Causing Fatality

Routine police stops occur every day. However, on January 29, 2010, the Maryland State Police pulled over Mr. Tyrone Butler for speeding. In the vehicle with Mr. Butler was his friend, Francis Chase, Jr. Mr. Butler was found to be driving on a suspended license at which time the responding trooper called for backup. Once the additional officers arrived on the scene, the officers approached Mr. Butlers pick up truck. Mr. Butler attempted to flee the scene and led the police on a 2 ½ mile chase on Route 235 in Hollywood, Maryland. The pursuit turned deadly when Mr. Butler turned abruptly onto Vista Road and into a private driveway at which time he crashed into two trees before the vehicle came to rest. Mr. Butler was flown to Prince George's County Shock Trauma with non-life threatening injuries. Mr. Chase, however, was pronounced dead at the scene.

This is an example of an accident that was caused by one person's poor judgement. The family of Mr. Chase may pursue a claim against Mr. Butlers' insurance carrier for death benefits to assist with the costs of burial or other costs arising from this accident as well as a wrongful death claim. However, it is unlikely that he had any insurance since he was driving on a suspended license. Hence, the recovery, if any, will have to be under Mr. Chases' own uninsured motorist policy. Mr. Butler could also face civil and criminal charges as a result of his actions. Charges such as vehicular manslaughter could be filed by the State of Maryland.

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