Car Accident with Unmarked Police Vehicle

On April 8, 2010, a woman crashed her motor vehicle into an unmarked police car in Ellicott City, Maryland. The woman collided with the police cruiser when the police officer was making a left hand turn onto Court House Drive and sustained bodily injuries to her arm. Paramedics arrived on the scene and transported her to an area hospital. The police cruiser was not operating in an emergency capacity. Sirens and lights were not being used at the time of this collision. Further investigation into this accident is underway.

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.

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.

Montgomery County Police Officer dies in Single Vehicle Accident: Maryland Workers Compensation Applies

On April 4, 2010 at 2:20 a.m., Officer Hector Ayala was traveling west on Randolph Road in response to a call from another Officer needing assistance at the scene of a fight.  Officer Ayala was killed in route when his vehicle ran off the road and struck a tree.  If this accident were not tragic enough, Officer Ayala leaves behind a wife who is pregnant with triplets and a 14 month old son.  

Working the midnight shift, Officer Ayala, who was fluent in Spanish, was invaluable to the Wheaton district.  Many residents only speak Spanish, and therefore, he was often called on by other officers to help interpret.  

Little information is being released about the accident as police continue to investigate.  There could be any number of reasons this accident occurred, whether speed, in an attempt to assist a fellow officer, being cut off by another motorist, debris in the roadway, medical emergency, etc.  In this instance, if the accident was the officer's fault, his wife would be entitled to make a workers' compensation claim.  Further, if it was determined another motorist or circumstances other than the officer's negligence was the proximate cause of this accident than his survivors would be entitled to other benefits.  

Workers compensation applies because the officer was working in the course of his employment at the time of the accident.  Since he died the code requires that he have dependents to obtain a recovery.  In this case, he had a wife and several children.  Next, in addition to workers compensation, the family may be able to make a third party claim against the other driver, if it was determined another driver caused this accident.

It is important to always contact a personal injury attorney who is experienced in dealing with these types of claims to assist you and ensure you receive each benefit you are entitled to.

If you, a family member or someone you know has been involved in an automobile accident or you would like more information regarding automobile accidents, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation. 

Motorcycle Accidents Are Among the Deadliest Forms of Accidents in the Nation

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes has the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.

On the morning on April 5, 2010, the driver of a motorcycle attempted to make a left-hand turn near the intersection of Route 75 and New Market Road in New Market, Maryland. At the same time the driver of a Mercedes was driving straight through the intersection. The operator of the motorcycle failed to yield to the right of way and struck the Mercedes. As a result of the collision the motorcycle driver suffered severe head injuries and was pronounced dead at the scene. The driver of the Mercedes suffered only minor cuts.

It is imperative that all the rules of the road are followed in order to prevent tragic accidents such as this. Traffic control devices are in place to help maintain the flow of traffic in an orderly fashion. Stop signs and traffic signals should always be given proper attention.

If you, a family member, or someone you know was involved in a car or motorcycle accident wherein a party failed to yield to the right of way or if you would like more information on motor vehicle accidents, please contact Portner & Shure for a free legal consultation with our Maryland accident lawyers.

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.

Three Car Automobile Crash Turns Fatal Near BWI Airport

Multiple car collisions are incredibly common and it is sometimes difficult to determine who is actually at fault. In order to pursue a claim for property damage or bodily injuries liability must first be determined. There are a number of factors that are considered by the insurance carriers before they will assume liability for any collision and a thorough investigation will be done on their behalf.

Yesterday there was a three vehicle collision on Aviation Boulevard between Amtrak Way and Stoney Run Road in Anne Arundel County, Maryland near BWI Marshall Airport. The driver of a Jeep Wrangler was believed to have veered into oncoming traffic striking an Izusu truck then struck an unoccupied BWI Shuttle bus. The Maryland Transportation authority responded to the scene. The driver of the Jeep was pronounced dead at the scene. The driver of the shuttle bus was transported to Maryland Shock Trauma where he treated and released while the driver of the truck was not injured. The accident is still under investigation. The police do not believe that alcohol was involved.

Our Maryland accident lawyers can assist with expediting the investigation process in situations such as this. Our staff has handled thousands of claims ranging from simple rear end collisions to fatal motor vehicle accidents. The insurance carriers are well versed in collecting information that will provide them reason to deny an insurance claim. Defenses such as contribulatory negligence are often used by the insurance company. In these situations if a driver is just one percent at fault the entire claim will be denied.

If you have been involved in an automobile accident and would like a free legal consultation or if you would like more information on car accidents please feel free to contact Portner & Shure for a free consultation.

Teen Killed in Motorcycle Accident: Wear a Helmet!

Motorcycle drivers are involved in many of the most deadly and serious accidents in the nation. In the state of Maryland a driver of a motorcycle must possess a special class drivers license. In addition, motorcycle drivers are also held to the same standards as any other driver on the road. However, due to the obvious exposure that the motorcycle provides its driver, the risk of injuries while driving is much greater and both state and national accident statistics continue to prove this point. In Maryland all operators of motorcycles are required to wear a helmet and protective eye wear.

Recently a Lexington Park teenager was killed after his motorcycle crashed into a tree in Calvert County, Maryland. The teenager was operating a Yamaha YZ80, which is considered a type of motorcycle based on the Maryland definition. He was driving off road when he approached a hill and lost control of his bike and crashed. The responding police indicated that the teen was ejected from the bike before the bike came to rest on top of him.

Authorities immediately noted that the teen was not wearing any of the regulated safety gear as mandated by the State of Maryland. The teenager was transported to a local hospital where is was pronounced dead later that same night. No one will know if this teenager would have survived if he had been using a helmet. However, national statistics, as well as our injury law firms past accident cases, reveal that the survival rate goes up exponentially for those who wear a helmet.

If you or someone you know has been involved in a motorcycle accident or if you would like more information on car accident, please contact Portner & Shure for a free consultation.

Alcohol Suspected in Serious Automobile Head on Collision

At approximately 2:45 a.m. on March 18, 2010, a driver of a Ford F-150 is suspected of being intoxicated, he sped on Route 100 in Anne Arundel County, Maryland while traveling in the wrong direction. The driver struck a Toyota Camry head on. The driver of the pick up truck and his passenger were transported to Maryland Shock Trauma where they were reported as being in serious condition. The occupant of the Toyota Camry was rushed via medevac helicopter to the same hospital. The operator of the Camry has to be cut out of his vehicle by firefighters.

The accident remains under investigation and charges are still pending. The police however did issue a statement saying that "driver error, excessive speed and alcohol were contributing factors" in this accident. As a result of the collision Route 100 near Arundel Mills Mall just south of BWI Marshal Airport was temporarily closed.

Charges such as driving under the influence, reckless driving, or speeding have significant impact on your driving record. Repeated charges can result in the suspension or loss of your driving privileges in addition to hefty fines and penalties. It may also become difficult to get car insurance if you have charges such as these on your driving record.

The driver of the Camry could file a claim against the "at fault" party in this accident for property damage in addition to the bodily injuries he sustained as a result of this collision. Unfortunately in Maryland he may not be entitled to punitive damages by is entitled to recover for his pain and suffering as a result of his injuries.

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