Maryland Legislators Increasing Penalties for Drunk Drivers

            In February, a bill was introduced to combat aggressive drunk driving in Maryland.  Last week, Maryland’s Senate overwhelmingly passed this legislation (46-0) that would allow a victim injured in a drunk driving accident to recover punitive damages from the drunk driver.  A hearing on the bill is expected on April 1^st in Maryland’s House.  If the House passes the legislation too, the bill would then go to the Governor for final approval.

            Drunk driving accidents that result in death or serious injury occur far too often in Maryland and throughout the rest of the country.  Although strict laws are in place with harsh penalties for breaking them, it is still not enough as innocent people are killed every day by drunk driver.  Current laws certainly have not led to any decrease in the number of drunk drivers on the road in Maryland.  With this potential new law, not only would drunk drivers have to face possible jail time and/or fines, they could also be liable for paying punitive damages to injured accident victims.  Punitive damages are completely subjective and not based on any specific numbers.  They are meant to punish the defendant for his/her reckless behavior so that it does not happen again.  With current drunk driving laws in place, most offenders do not seem to be deterred from driving drunk again.  But, if they are required to pay hundreds of thousands of dollars to victims or their families, drivers might think twice about getting behind the wheel drunk again.

            Normally, in all other personal injury cases, punitive damages are rarely awarded because it must be proved that the defendant had “actual malice” or “specific intent” to harm the victim.  Obtaining punitive damages under this new drunk driving bill would be much easier and could be applied just by the fact that the defendant operated a car while intoxicated and injured another person.

            Track the progress of this bill (SB 605) as it makes its way through the House.  Here are two websites that will keep you updated on this bill:

https://legiscan.com/MD/bill/SB605/2015

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=flrvotepage&tab=subject3&id=sb0605%2cs-0404&stab=02&ys=2015RS

If you or someone you love has been injured or killed in a Maryland accident caused by a drunk driver and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml .  Portner & Shure has several conveniently located satellite offices throughout the state of Maryland for our clients to meet with some of our experienced attorneys and paralegals.

Fewest Traffic Deaths in Maryland in 66 Years

             Last year, 442 people died in accidents on Maryland roadways.  That number is a huge improvement from the record number of 872 deaths reported in 1968.  The number of deaths in 2014 is lower by 24 deaths compared to 2013.

            The significant increase in driver distractions (i.e. talking on cell phones and texting), while still causing accidents, are not at the extreme levels seen in previous years.  Maryland Transportation Authority officials also announced that traffic fatalities linked to drunk driving decreased by 19 between 2013 and 2014 to a total of 133 deaths.  However, one statistic is still startling: someone is killed every 66 hours in Maryland because of impaired driving.

            The state of Maryland still continues to work toward achieving its goal of zero traffic deaths, and although 442 deaths is still a long way from zero, tremendous progress continues to be made.  Maryland Transportation Secretary Pete Rahn is pleased with the improvement being made, “especially when you consider the millions more cars we have on the road today.”  Rahn credits emergency responders and stricter laws against drunk driving and aggressive driving for the decline in deaths.  Transportation officials will continue to focus on the “four E’s” of highway safety: engineering, enforcement, education, and emergency response. 

One area of improvement is seat belt usage.  While laws have been in place requiring seat belts to be worn in cars for several years, 8 percent of Maryland drivers do not abide by the law.  In 2014, 37.5 percent of the deaths involved drivers or passengers not wearing seatbelts.

Some other interesting statistics from the 2014 data show that a majority of the traffic deaths occurred in Prince George’s County and Baltimore County, while the fewest occurred in Howard and Carroll Counties.  Also included in the total fatalities number is 100 pedestrian deaths and 66 motorcycle accident deaths (the only major statistic to increase from 2013).

If you or someone you love has been injured in a car, truck, or bus accident or has died as a result of their injury suffered in a Maryland crash, and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml  

Silver Spring Transit Center to Finally be Completed in May

           Montgomery County’s public transportation is a popular choice, and in some cases an only option, for many Silver Spring residents.  Work on a proposed Silver Spring Transit Center began in 2008 with an expected completion date in 2010.  This new state-of-the-art transit center would service metro lines, MARC commuter trains, taxis, and buses, and would increase bus ridership by 7%.  However, the project ran into some serious problems with construction and design flaws.  The project is now four years behind schedule and $50 million over budget.  Although this new transit center will feature three floors and an organized layout for the various forms of transportation, it is still possible that with increased traffic there will be bus accidents.  Bus accidents often result in serious injuries because there are no seatbelts and buses can easily roll over in high impact crashes.

            The experienced attorneys at Portner & Shure have handled several bus accident cases, including school buses, public buses, and privately chartered buses.  Each type of bus accident has its own challenges, which is why it is crucial that you hire attorneys experienced in the area of bus accidents.  Common causes of bus accidents include: bus driver negligence, bus driver fatigue, failure to stop at a stop sign or traffic light, improper bus maintenance, and dangerous weather conditions.

            In addition, with the construction and design flaws of the new transit center, it is possible that someone could get injured if something is not properly repaired before the building opens.  Portner & Shure also specializes in personal injury cases where another party is at fault or negligent.  In these types of circumstances, our top-rated Silver Spring accident attorneys will investigate to determine if another party is at fault.  If the injury is due to a construction defect, your attorney must determine if the construction company knew of the defect and chose not to fix it, or if they just were not aware of the problem.  You likely have a stronger case if it can be proven that the construction company had knowledge of the defect and refused to repair it. 

            If you or a family member have been injured in a bus accident in Silver Spring, Maryland and would like a free legal consultation or if you would like more information on bus accidents please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Auto-Accidents/Bus-Accidents.shtml

Montgomery County Prosecutors Not Charging Silver Spring Woman Who Killed 13 year old Girl

           Esperanza Vasquez, a 33 year old Silver Spring resident, was learning how to drive in the Eastern Middle School parking lot last July.  Vasquez did not have a valid driver’s license or learner’s permit when she was driving and her car jumped a curb and proceeded down a grassy hill.  Her car hit two bystanders, killing 13 year old Deborah Reyes Casasola and injuring the other woman.  The 13 year old girl was at school watching a soccer game when Vasquez’s car came down the hill and struck her.

            The Montgomery County State’s Attorney’s Office said they did not file criminal charges against Vasquez because her “actions didn’t rise to the level of criminal negligence.”  The State’s Attorney’s Office continued, “moving forward with a motor vehicle manslaughter prosecution would not have been the proper course of action in this case.”  Vasquez will still face traffic charges for negligent driving and driving without a license.  Casasola’s father said in response to hearing this, “She had the right for the law to protect her…the law protected the criminal, not the victim.”

If you or a loved one has been injured in a car accident or are hit by a car due to the fault of another driver, act now. The insurance companies are already on the case, and your lawyer should be too. Contact us today for a free initial consultation or to learn more about personal injuries and car accidents at (301) 854-9000 or online at http://www.portnerandshure.com/Personal-Injury/ .  While we practice throughout the region, we have in depth knowledge of the different nuances, likes and dislikes, of both prospective jurors and Judges, for cases in Silver Spring, Maryland.  Are you worried that language is an issue?  Our support staff includes paralegals fluent in Spanish, Mandarin Chinese, Cantonese, Korean and Vietnamese.