Using a Cell phone While Driving? You May Soon be Required to Use a Handsfree Device.

On March 24, 2010, the Senate voted and approved a bill that will require all Maryland drivers to use a handsfree device if they will to use their cell phone while driving. Drivers will only be permitted to use their hands to turn on and off their phone and will not be allowed to hold their phones during a conversation. Violators could receive a citation of $40.00. The bill has not become law as of yet, but based on recent reports it appears that it will pass. The intent of course is to reduce a known distraction that causes automobile accidents.

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

Driver Intentionally Hits Four People With Car

In early March, the driver of a vehicle intentionally hit four people in Chillum, Maryland with his vehicle. Two of the victims sustained injuries after being struck on University Parkway. The Prince George's County Police are unsure of the reason behind this assault but indicated that this appeared to be a domestic matter. Although the driver was taken into custody after the assault, the details of the charges pending against him were not made available.

An intentional tort is defined as "a tort in which the actor is expressly or impliedly judged to have possessed intent or purpose to injure." This situation is a perfect example of an intentional tort. If the driver willingly got behind the wheel of a car and struck a crowd of people in an effort to hurt or injure anyone then his actions can be classified as an intentional tort.

Assuming the automobile insurance carrier covers this intentional act, the injured individuals in this situation could pursue a claim for bodily injuries against the driver of the vehicle.. The drivers' insurance carrier could be responsible for medical expenses, lost wages, pain and suffering or even mental distress. Problems may still occur with the amount of automobile coverage available since at least two people were hurt. In cases were multiple people are injured a Maryland automobile accident attorney must quickly determine all possible personal injury coverages.

If you, a family member, or someone you know was injured in a car accident or if you would like more information on automobile accident, please contact Portner & Shure for a free consultation.

Single Vehicle Car Accident Claims Another Life

Single vehicle accidents resulting in personal injuries are often caused by speed or reckless automobile driving. However, weather conditions can also play an important role in these traffic accidents. The recent rain storms have caused flooding in some areas and left roadways very slippery.

A recent single vehicle accident claimed the life of a 21-year-old woman. She was driving her Lexus on Snowden River Parkway in Columbia, Maryland when she swerved to avoid a collision with another vehicle. As a result of her swerving, she struck a tree and was pronounced dead at the scene by paramedics.

An accident re-constructionist could be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at the time of the cars impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident either lost control of her vehicle, or was cut off by another driver, or if her vehicle was not working properly.

In some cases, even if the other driver leaves the scene, fault could be attributed to that driver if a proper investigation is conducted. Our personal injury lawyers have been involved in several lawsuits that hinged on a thorough accident reconstruction.

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

Accident in Carroll County Causes Fatality

In March of 2010, there was a fatal car accident in Westminster, Maryland when two vehicles collided. The driver of a Toyota Camry was traveling on Route 140 in Carroll County when the driver of a pick up truck ran a red light at the intersection of Route 140 and Bethel Road. A passenger in the Toyota was injured and transported to Maryland Shock Trauma while the driver was pronounced dead at the scene.

Automobile accidents resulting in injuries wherein individuals fail to yield to the right of way are very common. Traffic signals and stop signs are put in place to help direct and control traffic. They however, cannot stop human error. Failure to pay full attention and adhere to these signals will result in citations or worse, a serious even, as in this case, a fatal car accident.

Assuming that the driver of the pick up truck did in fact run a red light he could be found liable for this car collision and be forced for pay for any property damage and bodily injury claim for those who were injured. A wrongful death claim could also be brought against his insurance carrier by the family members of the deceased. In the event that the driver did not have insurance coverage a claim can be made under the drivers Uninsured Motorist Coverage. In all automobile cases resulting in fatality asset searches of the defendant must be conducted. In the event the defendant has sufficient assets, he often should be sued since most automobile accident insurance policies do not provide adequate death benefits. The accident attorneys at Portner & Shure carefully determine all available assets in all cases where the injury value exceeds the policy. If you are unsure of what benefits you are entitled to in a case resulting in a death, call one of our Maryland accident lawyers.

Rollover Crash Injures 4 People: Is the Driver Responsible for the Car Accident?

In late March, a vehicle traveling on Interstate 70 in Frederick County, Maryland lost control and rolled over several times. In the vehicle were four people. All the individuals in the vehicle were transported to a local hospital for observations. Although the cause of the accident is unclear, the Maryland State Police noted that there was a steady rain falling at the time of the accident which could have attributed to the cause of the accident.

All automobile drivers need to be cautious when driving in adverse weather conditions to avoid automobile accidents. Failure to do so could be deadly or lead to serious bodily injuries. Remember that in heavy rain, a driver still maintains an obligation to drive his car at a reasonable and prudent speed with is consistent with the current weather conditions. In other words, if a driver is traveling at the posted speed limit, he or she can still be found negligent of exceeding a safe speed if the weather conditions are hazardous.

If you have been involved in an automobile accident and are not sure of your legal rights, you may contact Portner & Shure for a free legal consultation.

Montgomery Car Accident Kills Man and Injures 2 Others

Police are investigating a car accident that occurred, Sunday, March 14, 2010, near the intersection of Route 28 and White's Ferry Road in Boyds.  Michael Stoos of Sandy Spring, died when his vehicle crossed the double yellow line into oncoming traffic and crashed into a white box truck traveling in the opposite direction. The truck driver and the passenger in his vehicle were hospitalized with non-life threatening injuries. The Montgomery County police are looking for any witnesses to this accident to come forward.  

While the cause of this accident is still being investigated, there could be any number of reasons for the driver to cross over the double yellow line.  If it determined that a medical emergency was the cause of this accident, the truck driver and passenger could be precluded from making a claim against the deceased's policy of insurance.  It is important to consult with an attorney in this type of situation as there is a "sudden emergency defense".  An attorney can help you investigate and determine if there was a true medical emergency and whether the driver could still be held accountable for his actions, in the unlikelihood he had a seizure and was not taking his medication.  This defense falls apart if the driver was on notice that a problem could occur while driving. 

If you, a family member or someone you know has been involved in an accident involving an emergency situation or you need more information on this type of motor vehicle accident, please contact Portner & Shure for a free consultation.

Maryland Judge to Stand Trial for Drunk Driving

A Washington County Circuit Court Judge is scheduled to stand trial for allegedly driving under the influence. He is accused of operating his sports-utility vehicle while intoxicated and sideswiping another vehicle in Hagerstown, Maryland. The driver of the other vehicle was treated for minor injuries. The Hagerstown Police Department indicated that the Judge has a blood-alcohol level of .18 percent. This is more than twice the legal limit.

This is an example of how a person in a position of power can also be punished in accordance with the laws of the state. The individual he struck could make a claim against his insurance carrier for his or her bodily injuries. Had this accident occurred in Virginia the injured person would be entitled to punitive damages in addition to any bodily injury recovery.

If you, a family member, or someone you know was involved in an automobile accident as the result of a person being intoxicated or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.