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.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.

Senate Votes to Increase the Minimum Auto Insurance Coverage

The State Senate voted 27 to 20 to increase the minimum amount of auto insurance coverage allowed by the state of Maryland. The state minimum was set at $20,000 and $40,000 and had been set without an increase since 1972. The current bill would increase this minimum to $50,000. The bill is currently on the desk of Governor Martin O'Malley to sign.

This bill faced widespread opposition by insurance carriers, the American Insurance Administration. The American Insurance Administration reported that two million car insurance policies in the state of Maryland carried only a minimum liability policy at the end of last year. The administration opposed the bill because it would cause an increase in insurance premiums of between 5 percent and 15 percent. They argued, an increase in premiums could also cause a drastic increase in uninsured motorist drivers. In other words, if people are unable to afford the insurance coverage they may be forced to not carry insurance at all.

The bill is meant to protect those involved in serious automobile accidents. Currently, if you are involved in a serious or fatal motor vehicle collision with an individual who has a minimal insurance policy, the most that you would be able to collect for your medical expenses, loss of income or pain and suffering is $20,000. With the increase of health costs, $20,000 doesn't go very far. In most of these cases, the injured party has medical expenses that exceed the amount of the policy. This bill would increase the minimal policy and assist those severely injured as the result of an automobile accident.

The bill was necessary and has been needed for sometime. Countless serious automobile accidents occur every year wherein the at fault driver has minimal insurance coverage. At least in the future more money will be available to pay for medical expenses, lost wages, and pain and suffering.

If you, a family member, or someone you know has been involved in a motor vehicle or truck accident, or if you would like more information on car accidents please contact Portner & Shure and speak with our Maryland accident lawyers for a free legal consultation.

Intersection of Hayward Road and US 15 Hot Location for Car Accidents

A large number of accidents in Frederick County, Maryland are attributed to the cross traffic at Hayward Road and US 15. The Maryland State Highway Administration has made this area a top priority in Frederick. They have recently installed signs, new pavement markings, as well as a fresh rumble strips along the road in an effort to deter speeding and to help with awareness of the potential cross traffic. The Frederick County Sheriff's Office is also expected to increase speed enforcement on the Hayward Road.

Although these changes will most likely not have an immediate effect on the traffic in that area but the State Highway Administration is hoping that the combination of engineering tactics and law enforcement will help to encourage drivers to be more cautious.

Drivers who speed or fail to yield to the right of way can cause some of the most severe automobile collisions. Not only to car accidents cause damage to property and bodily injuries, traffic citations can be issued for these offenses and carry hefty fines. Insurance carriers can increase your insurance rates and repeat offenders could lose their driving privileges.

If you, a family member, or someone you know has been involved in an automobile accident wherein speed was involved or if you would like more information on car accidents, please contact Portner & Shure. Our Maryland accident lawyers are available to provide a free legal consultation.

Repeat Impaired Driver Crashes with Retired Montgomery County District Court Judge Who Spared Him in 1998. Who Will Spare Him Now?

Eleven years after the Honorable Edwin Collier spared a repeat offender for driving under the influence for two DUI(s) within three months, he veered into the Judge's lane of travel and struck his vehicle head on.  Judge Collier and his wife, Ellen, were driving in Gaithersburg when the head on collision occurred.  Judge Collier suffered a broken leg and fractured ribs, and his wife, Ellen, suffered a compound leg fracture, fractured hip, fractured ribs and a neck injury.  It was determined that the repeat offender, Rene E. Fernandez who was tested after the accident, had more than two times the legal limit of alcohol in his system.



According to Montgomery County Circuit Court records, Mr. Fernandez was to plead guilty to one count of causing a life threatening injury, while intoxicated.  The remaining charges would be dropped according to a plea agreement.  The sentencing guidelines call for up to two years in prison. Mr. Fernandez is presently awaiting disposition from the Circuit Court for Montgomery County.

Judge Collier and his wife, Ellen were forced to move from their Bethesda home to a retirement community due to diminished mobility caused by Mr. Fernandez.

If you, a family member or someone you know has been involved in an automobile accident involving a drunk driver or you need more information on automobile accidents or drunk driving laws, please contact one of our experienced personal injury lawyers or DUI lawyers at Portner & Shure 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.  

Fatal Three Vehicle Car Accident in Severn

There was a deadly head on car collision that took place on April 7, 2010, in Anne Arundel County, Maryland. Anne Arundel County Police are currently investigating the cause of the collision. However, the preliminary evaluation has revealed that the driver of a Ford F-150 was traveling westbound on Donaldson when he crossed into oncoming traffic and struck a Ford Expedition head on. The collision caused the SUV to burst into flames.

When emergency response vehicles arrived on the scene, the SUV was engulfed in flames. The driver of the SUV and his passenger were pronounced dead at the scene. The driver of the pick up truck was rushed to Baltimore Washington Medical Center where he was later pronounced dead.

While the cause of this collision is under investigation at this time, witness statements and an accident re-constructionist could certainly assist in determining what happened. If the driver of the pick up truck is found to have been at fault for this accident, the families of those in the SUV could pursue a claim against his insurance carrier. They may be entitled to death benefits which could assist the family with burial costs.

Our Maryland accident attorneys have handled thousands of claims and are familiar with wrongful death claims. If this unfortunate event should happen to you or someone you know, please contact Portner & Shure for a free legal consultation.