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.

Malfunctioning Traffic Light Contributes to Accident in Harford County, Maryland

There is concern among Harford County residents whether a traffic light may have contributed to an accident on January 4, 2010, at the intersection of Perry Avenue and Willoughby Beach Road in Edgewood. One resident who lives on Willoughby Beach Road stated that the traffic light controlling that intersection had been flashing yellow since before Christmas. The normal light sequence prior to this was the light cycled from solid green to yellow to solid red. At approximately 9:18 a.m. on January 4, 2010, a 2004 Nissan Sentra being operated by Jihan Alia Tiffany Hughes, slowly exited the school parking lot on Perry Avenue. When Ms. Hughes entered the intersection she struck Adam William Tammaro, who was operating his 1990 Chevy Camaro east on Willoughby Beach Road causing his vehicle to careen into a third vehicle. The third vehicle was stopped westbound on Willoughby Beach Road waiting to turn left onto Perry Avenue. Ms. Hughes indicated she stopped as she entered the intersection as the light was flashing red and she could not see around the State Highway vehicle that was working on the light. Mr. Tammaro was transported to Upper Chesapeake Hospital in Bel Air with complaints of back pain.

The State Highway Administration received a call around 8:00 a.m. that morning and had someone at the location within an hour to work on the lights. The State Highway Administration worker indicated a replacement part was needed to fix the malfunctioning lights. He stated that when a traffic light malfunctions it automatically switches to flashing yellow.

Malfunctioning traffic lights have contributed to hundreds of accidents. Governmental entities have a duty to the public to periodically inspect traffic control signals and make the necessary repairs immediately upon being notified of the malfunction. Governmental agencies may be held liable for the road conditions, including that of malfunctioning lights; however, there are sovereign immunity issues that have to be considered. That is why it is important to seek the advice of an experienced personal injury attorney.

Motorists need to use caution at intersections controlled by flashing red and yellow lights and abide by the motor vehicle laws. Maryland Transportation Code Section 21-204 sets forth the actions required by the driver.

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