Not Paying Attention May Forfeit Your Right to Recovery

In Maryland, Virginia, and Washington DC, unlike some other states, you have to prove that you had no responsibility for being injured. If a Judge or Jury is able to look at the facts of how you were injured, and establish that something you were doing may have contributed to the accident, they may not find in your favor.

With the prevalence of handheld devices and the use of headphones on the rise, these items increase your chances of being injured while out for a walk or a bike ride because they diminish your senses to your surroundings.You may not hear that vehicle approaching you, or someone honking their horn, you may have also forfeit your right to recovery because you weren’t paying attention. If you’ve been involved in an accident as a pedestrian or a cyclist you need an experienced attorney to prove you had no contribution to your accident. 

Peak Season at the Beach is Here, Pedestrians and Drivers Beware

With July 4th quickly approaching, drivers and pedestrians should be reminded to take extra precautions as the holiday weekend approaches. Traffic will substantially increase at the beach in the upcoming weekends as summer officially kicks off.

Pedestrian-involved accidents along Coastal Highway in Ocean City have long been a problem. Police have done a lot over the years to make it safer for pedestrians to cross the busy highway. If you are trying to cross the road, you should always remember to wait to cross until you have the signal, always stay in the designated crosswalk, and look both ways because you can never assume a driver is paying attention and sees you crossing the road. Drivers along Coastal Highway can be reckless sometimes, especially at night when drunk drivers hit the roads.

Stay safe this 4th of July and all summer long down at the beach. If you or a loved one is injured in a pedestrian accident, call the experienced local attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Fatal Pedestrian Accidents are Rising Dangerously

A new study has been released, which shows that the number of fatal pedestrian accidents has risen dramatically over the last two years. The numbers released in the study are very surprising considering all the advances made in vehicle safety. Since 2014, the number of fatal pedestrian accidents has risen 22%. In 2015, pedestrian fatalities numbered 5,376 and in 2016, it was projected that there were 5,997 pedestrian fatalities occurred.

What's behind this recent spike in pedestrian-involved fatal accidents? Distracted drivers are a major cause of the dramatic increase in fatal pedestrian accidents. Cars may have become safer with more and more features installed to prevent accidents, but they cannot provide much help if the driver is not even paying attention to the road ahead. Distracted driving is a major cause of countless accidents on the road. Drivers using their cell phone to text, talk to someone, get directions, or even take pictures are all resulting in accidents, especially pedestrians. These accidents are not just occurring in big cities, but also happening more in rural areas. Pedestrians cannot just assume that because they have the walking signal that a driver will automatically give them the right of way because that driver may not even be paying attention.

Next time you cross the street, look both ways and beware of distracted drivers. You may see them, but drivers may not see you because their head is buried looking down at their cell phone. Stay safe as you cross the street, and always remember to cross with the signal and stay inside the crosswalk.

If you or a loved one has been injured or killed in a pedestrian accident, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Fatal Pedestrian Accident in Carroll County

In early May, a Finksburg, Maryland woman was killed when she was struck by a vehicle on Bethel Road in Carrol County. The woman was said to have been chasing after her dog who had run into the street. She was pronounced dead at the scene. The driver of the vehicle has not been charged with an offense.

In this unfortunate situation, the key inquiry 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.

If you or someone you know has been injured as the result of a pedestrian related car accident and would like a free legal consultation, please contact Portner & Shure. Maryland accident lawyers are here to answer any questions that you may have.

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.

Pedestrian Killed: When Is a Pedestrian at Fault for an Accident?

At the beginning of the month a woman was killed while crossing Bel Air Road in Baltimore County, Maryland. The Baltimore County Police Department spokesperson indicated that the woman appeared to have been trying to outrun the vehicle to get to the other side of the road when she was struck. The woman was taken to Maryland Shock Trauma where she was pronounced dead. The driver of the vehicle immediately stopped and notified police of the accident.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of the vehicle, time of day (i.e. was it dark, lighting?), physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry in such 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.

If you, a family member, or someone you know has been involved in a pedestrian related car accident, or if you would like more information on automobile accidents, please contact Portner & Shure for a free consultation. Our Maryland Accident Lawyers are available to provide you with 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.

Pedestrian Killed Crossing Route 40 in Harford County

The Aberdeen Police crash team is investigating an accident that occurred Friday, April 2, 2010.  Michael R. Patton, 49, of Aberdeen was struck and killed by a man from Edgewood operating a 2002 International truck in the eastbound lanes of Pulaski Highway near Carol Avenue, in Harford County.  The identity of the man operating the truck has not yet been released and a spokesperson for the police department indicated they are not sure if charges will be filed.

The accident occurred in a fairly dark location of the roadway.  The crash team when investigating these types of accident has to look at environmental issues, lighting and those types of things that could make it safer for pedestrians.   Pedestrians should also use crosswalks, whenever possible and look both ways before crossing a highway.  

Regardless, of whether it was pedestrian error or the driver's fault that the accident occurred, the pedestrian is entitled to benefits from that driver's policy.  Specifically, his family would be entitled to Personal Injury Protection benefits to cover funeral expenses up to the limit of coverage available under that driver's policy.  In the event the pedestrian also owned a motor vehicle and carried Personal Injury Protection benefits in excess of the driver who struck him, than his family could also look to his policy to cover additional expenses. The family of the deceased may also bring a wrongful death claim.  

If you, a family member, or someone you know has been injured in a pedestrian accident or any other type of automobile accident or you need more information on automobile accidents and Personal Injury Protection benefits, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation.

Pedestrian dies in Montgomery County Automobile Accident

On April 2, 2010, at approximately 5:54 p.m., Shu Bing Huang had just exited a bus at Veirs Mill Road and Randolph Road when she was struck by a motorist who jumped the curb striking her and then proceeded on to strike another vehicle.  Ms. Huang was pronounced dead at the scene.  The driver of the vehicle, 79 year old Thomas McCargo Rankin is alleging he does not know what caused him to lose control of his vehicle.  The Huang family has retained the law firm of Portner & Shure.  

An accident reconstruction is currently being conducted which can take anywhere between 6 to 8 weeks to complete.  The reconstruction unit will determine the approximate impact speed and the possible causes of this tragic automobile accident.  

In some states once a person reaches a certain age they are required to take their driver's test again to ensure they are still capable of operating a motor vehicle in a safe manner so as not to endanger the life of another individual.  This should be a law in all states to ensure the safety of other pedestrians and motorists on the highways.  Some other states have even gone further and once an individual reaches 80 years of age they are no longer permitted to drive.  

If you, a family member or someone you know has been involved in an automobile accident or you would like more information on automobile accidents, pedestrian accidents or medical emergency defenses, please contact Portner & Shure for a free consultation.  

Hit and Run Accident Results in 10-year Sentence

In February of 2009, Thomas Rouleau was killed as a result of an automobile accident that occurred at McDaniel College in Carroll County Maryland. The 19-year-old student and four of his friends where struck by a pick up truck near the college campus. The passengers in the vehicle with Mr. Rouleau sustained bodily injuries. Charges were pressed against the driver of the pick up and a Carroll County Circuit Court judge ruled in March 2010 that he was guilty of negligent manslaughter.

Whenever any collision occurs with an automobile, it is a crime to flee the scene of an accident. Criminal charges can be filed against you as they were in this case and there are severe penalties associated with charges of this nature. The guilty finding will most likely be admissible in any civil lawsuit that stems from the automobile accident.

In the event that the "at fault" party is located, if they are proven to the cause of the accident, then claims for property damage, bodily injuries, lost wages and pain and suffering can be brought against them. However, in most hit and run collisions, the "at fault" party often does not have auto insurance. In this situation a claim can still be pursued against your uninsured motorist coverage. In these cases, your automobile insurance rates will not rise.

Our Maryland automobile accident attorneys have experience with dealing with uninsured motorist claims. If you would like a free legal consultation or if you would like more information on car accidents, please contact Portner & Shure.

Howard County Pedestrian Accident

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile while crossing a street. 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.

Earlier this year an eighteen-year-old man from Columbia, Maryland was attempting to cross Little Patuxent Parkway between Vantage Point Road and Columbia Road when he was truck by an oncoming car. The police said that the young man was wearing dark clothes and was not in a cross walk when he was struck. He was transported to University of Maryland Shock Trauma where he presented with serious injuries.

If you, a family member, or someone you know has been injured as the result of being a pedestrian or if you would like more information on car accidents please contact Portner & Shure for a free consultation.

Accident Reconstructionist Called in Fatal Pedestrian Accident

Early Thursday morning a pedestrian crossing Branch Avenue in Prince George's County was struck by a vehicle and killed. The driver of the vehicle remained on the scene to assist the police officers with the investigation. Branch Avenue was closed in both directions while an accident reconstructionist was summoned.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of vehicle, time of day, physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

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

Pedestrian Accidents a Major Concern in Montgomery County

Pedestrian accidents are a major concern in Montgomery County, Maryland. Statistically there have been more pedestrian accidents in Montgomery County than homicides, making pedestrian accidents one of the top three causes of death in the county. The general consensus believes there are as many careless walkers as careless drivers that have caused hundreds of pedestrian-involved accidents in Montgomery County. Typically more pedestrian accidents occur in the winter months when it becomes dark around 4:30 to 5:00 p.m. and motorists cannot see the pedestrians.

According to an article in the Washington Post, approximately 22% of Maryland pedestrian accidents occur in parking lots and present a significant danger, especially to senior citizens. The county spends over $30 million a year on pedestrian safety. County Executive Isiah Leggett is planning on launching a campaign to focus on parking lot safety. It would appear that traffic engineers need to design dedicated paths throughout parking lots away from the cars for the safety of the pedestrians and to decrease the rise in these types of accidents.

In Maryland, if a pedestrian is struck by a car and is injured, he has the right to make a claim against the driver of that vehicle, and is also entitled to make a claim for personal injury protection benefits (no fault benefits) against that driver's policy. The pedestrian should also be aware that if they too own a car and have personal injury protection benefits greater than the vehicle that struck them, they can also make a claim with their own company for the excess benefits. Naturally the issue that is raised as a defense in most Maryland pedestrian accidents is contributory negligence, which would bar the pedestrian from recovery.

Knowing the laws of contributory negligence, that many presume is unfair and outdated, can make the difference in winning your case. Portner & Shure has handled hundreds of pedestrian accidents and has been successful overcoming the issue of contributory negligence. It is also important to have a firm, like ours, that is in the Montgomery County courthouse on a weekly basis, trying cases and is familiar with the practices of the defense attorneys defending these claims.

If you, a family member, or someone you know was a pedestrian struck by a car, truck, motorcycle or any type of motor vehicle and would like more information on pedestrian accidents, please contact Portner & Shure for a free consultation.