Family Vacation Tip

It's the end of the summer so many families throughout Maryland, D.C., and Virginia, are headed out for one last hurrah. With families with young drivers, like mine, let me point out one thing. While your college age youngster may have been driving for years, unless he or she is 25 or over, they cannot rent a car from most rental agencies. Further, even if you are older than 25, may companies require that you have a driver's license for at least one year or two. One exception for folks under 25 is when they are part of a corporate or organization's discount program.

Exceptions to the general rule can be found in New York or Michigan, where state laws require agencies to rent to drivers ages 18 and up. Of course, you will pay dearly for the privilege. In other states, if there is an exception it will come at a hefty extra charge. Some rental car carriers also make an exception at age 21, they include Dollar, Enterprise and National, but exclude convertibles, SUV's. and expensive models.

Another exception to the general rule are US Government employees or military personnel. If they are on official business and traveling with orders often times surcharges are waived.

USAA has a partnership with Avis that allows members 21 and over to rent a car without paying a surcharge.

Before renting a car compare the exclusions and rates on the following rental car companies:

Alabama Car Rental               Illinois Car Rental                     Montana Car Rental                 Rhode Island Car Rental

Alaska Car Rental                  Indiana Car Rental                    Nebraska Car Rental                South Carolina Car Rental

Arizona Car Rental                 Iowa Car Rental                        Nevada Car Rental                   South Dakota Car Rental

Arkansas Car Rental              Kansas Car Rental                    New Hampshire Car Rental      Tennessee Car Rental

California Car Rental               Kentucky Car Rental                 New Jersey Car Rental            Texas Car Rental

Colorado Car Rental                Louisiana Car Rental                 New Mexico Car Rental           Utah Car Rental

Connecticut Car Rental           Maine Car Rental                      New York Car Rental               Vermont Car Rental

Delaware Car Rental               Maryland Car Rental                 North Carolina Car Rental         Virginia Car Rental

Washington DC Car Rental      Massachusetts Car Rental        North Dakota Car Rental          Washington Car Rental

Florida Car Rental                   Michigan Car Rental                 Ohio Car Rental                      West Virginia Car Rental

Georgia Car Rental                 Minnesota Car Rental                Oklahoma Car Rental              Wisconsin Car Rental

Hawaii Car Rental                   Mississippi Car Rental              Oregon Car Rental                   Wyoming Car Rental

Idaho Car Rental                     Missouri Car Rental                  Pennsylvania Car Rental

 

Does an insurance company use video surveillance in automobile accident cases in Maryland or Virginia?

Absolutely. In serious accident cases you need to be aware of the fact that if you are claiming a permanent injury the insurance carrier becomes more concerned about its exposure. If the adjuster has received medical reports where you claim such a disability the adjuster may hire an investigator to follow you and video your activities. This is often done on the day you have a scheduled doctors appointment with the insurance company's doctor for an evaluation. Amazingly, Maryland and Virginia personal injury lawyers will inform their client of the questions the doctor for the insurance carrier may ask, yet forget to tell them their activities for the day may be videoed. This certainly is a home run for an insurance carrier when a client is shown raking leaves on the same day she told the doctor she was basically confined to her bed (this happened to a well known Baltimore accident attorney).

Many insurance companies, like the Hartford are known to conduct video surveillance in injury cases where a permanency is claimed once a lawsuit if filed.

I inform all of the injury clients I meet in my Columbia, Maryland office, and tell all of the accident lawyers who work for the law firm in Maryland and Virginia, to instruct all accident clients, with respect to video surveillance in this fashion:

1. If you are not claiming a permanent injury odds are there will be no video surveillance;

2. If the insurance policy for the defendant driver is 25,000 or less video surveillance is not likely;

3. If you are seeking large permanent damage and are claiming you can no longer work, walk, drive, enjoy leisure activities or working outdoors, beware of video surveillance;

4. If you have a scheduled deposition, or any meeting with a doctor for the defendant, expect video surveillance.

Do Speed and Red Light Cameras Increase Accidents?

I don't drive to Towson often and when I do I usually use I-83 (sounds like a commercial for the most uninteresting man in the world). I heard about the speed camera in place around Liberty Road but I had not experienced it first hand until yesterday. Seeing it in action has inspired me. Let me start by stating that, as a Maryland criminal defense attorney, I have a general disdain for red light cameras and speed cameras. I think that they are unsafe and lower the standard of proof needed by the state to convict a defendant for a traffic violation. The speed camera at Liberty Road further supports my opinion. On its best day the I-695 corridor at Liberty Road is an area where traffic slows. More often than not, that section of road is a bottleneck causing epic rush hour traffic jams. Now there is construction going on at the exit for Liberty Road (slower speed in a construction zone is probably the rational for placing a mobile speed camera there). So we have a stretch of road notorious for traffic jams. Now add construction and a speed camera. This combination creates rush hour traffic jams in the middle of the day. The pace of traffic suddenly slows by 20mph because drivers don't want to get a ticket. The sudden decrease in speed and congestion creates dangerous driving conditions. Portner & Shure handles auto accident cases throughout Baltimore County and recently we have been contacted by numerous clients injured in rear end collisions at this very location.

What is the real motivation behind the mobile speed cameras and red light cameras? Is it safety? Does it decrease accidents caused by drinking and driving. Money? I think that there would be less accidents and congestion at the Liberty Road exit if the mobile speed camera was removed. The speed camera's flashing lights surprise people. I would not be surprised at all if the flashing lights from a speed camera caused apprehension in drivers and resulted in accidents. Ironically, that is exactly what one would expect to happen with young drivers. Percentage wise, younger drivers are involved in more serious accidents than experienced drivers. Red light cameras can have the same effect. Imagine if a driver was traveling on a road with a 35mph speed limit at an intersection he or she knows has a red light camera. What happens if, as this driver approaches the intersection, the light suddenly turns yellow? In most instances the driver would proceed through the yellow light and doing so would be both safe and lawful. However, the apprehension associated with getting a red light ticket may cause the driver to come to a sudden stop. This reaction is unsafe to other drivers and could lead to an automobile accident. I am not the only one with this opinion. Many people are opponents of speed cameras and red light cameras. Unfortunately, the State of Maryland needs revenue and the cameras provide it.

Maryland Is 15th Most Deadly for Pedestrians

A national study released this week by the advocacy group Transportation for America ranks Maryland as the 15^th most dangerous for pedestrians out of the 50 states and the District of Columbia. Baltimore also earned distinction by being recognized as the 32^nd most dangerous metropolitan area for walkers out of the 52 considered by the most recent version of the report 'Dangerous by Design." I was surprised, frankly, that Baltimore wasn't ranked higher considering the city's dubious high scores in murders, drug addiction, teenage pregnancy and STD's. I should know better. Baltimore never disappoints unless you are an O's fan. The report actually singles Baltimore out as an example of a city where pedestrian deaths have increased during the past decade. From 2000 to 2009, a period when total traffic deaths decreased by six percent, pedestrian deaths increased from 43 in 2000 to 62 in 2009.

Florida is actually the most dangerous state for pedestrian accidents, scoring a 182.8 on the index, while Maryland scored 76.4. Jeesh, you better look both ways before crossing the street in Florida; Orlando, Tampa, Jacksonville and Miami were the four most dangerous areas. In contrast, Vermont, the safest state, scored 11.2. In comparison to other countries, the United States is almost twice as dangerous as Australia. Experts believe the reason for the dangerous conditions are road designs which focus on maximum vehicle speed as opposed to pedestrian safety.

1,057 pedestrians died on Maryland roads from 2000 to 2009. 481 of those deaths occurred in Baltimore City. It is not surprising that in an earlier study Maryland was noted for having one of the lowest rates of spending for pedestrian safety projects in the United States. If you or someone you know has been injured or killed in a pedestrian accident contact the Maryland pedestrian injury lawyers and wrongful death attorneys at Portner & Shure.

Family Settles for $1.1 Million in Motorcycle Crash Death

On May 25, 2010, Maryland native Harry Singleton was killed while riding his Harley-Davidson just outside of Salisbury on the Eastern Shore. The accident occurred when a truck owned by Pennsylvania based Continental Laundry Systems stopped at a stop sign and then proceeded through the intersection without seeing the motorcyclist. Witnesses were able to help establish who was at fault and recount details of the motorcycle/truck accident.

Originally, the lawyers representing the deceased and his family demanded $2.2 for economic and non-economic damages from Continental Laundry's insurer. These damages did not include a claim for pain and suffering because evidence showed the motorcyclist was killed on impact. Ultimately, the case settled without having to go to court. If the case had to be taken to court lawyers would have filed a wrongful death claim on behalf of the deceased's family.

Several factors may have helped both sides reach a settlement without having to go to court such as the presence of multiple witnesses, a perfect bill of health for the deceased prior to the accident, decreased demand and surviving family members, including a wife, son and daughter, and four grandchildren.

91 -Year-Old Anne Arundel County Man Killed in Scooter Crash

Baltimore and the surrounding area seems to have no regard for crosswalks. Maybe the color needs to be changed from white to bright red. Recently the Baltimore Metropolitan Area has suffered a rash of pedestrian, bicyclists and motorcyclists accidents. Three students have been injured at or near the Johns Hopkins campus, most notably a bicyclists who probably will never regain the majority of his cognitive functions. The family of that young man has filed a $10 million lawsuit. The biker was in a bike lane. It is unclear whether the two students struck this weekend were in a crosswalk. What is clear is that the man killed in Brooklyn Park last week was within a clearly marked crosswalk.

If a pedestrian suffers injuries or is killed because they are struck by a vehicle, their recovery for resulting injuries may depend on whether they were crossing in a crosswalk, especially if a crosswalk exists at the scene of the accident. Maryland law regarding pedestrians requires that a person crossing where there is a clearly marked crosswalk must cross within that crosswalk. If the pedestrian fails to do so, their claim may be unsuccessful because of contributory negligence, which is a common defense to tort claims in Maryland.

This elderly man, who was riding a mobility scooter, crossed completely within the crosswalk. Through no fault of his own, the man was struck by a Toyota Tundra and was pronounced dead after being taken to Maryland Shock Trauma. As a result of his death, the deceased man's family may have a wrongful death lawsuit against the driver.

A Number of Fatal Bicycle Accidents Fuels New Driver-Negligence Bill

Bicycle accidents, laws, protests, trails are all Michael Dresser seems to write about. This guy and Mike Preston are my two least favorite Baltimore Sun journalist but I read their articles the most. Mike Dresser recently wrote an article about the creation of a new class of misdemeanor offense tailored specifically to protect bike riders and pedestrians. My last blog discussed the recent tragedy involving a Johns Hopkins student who was struck by a car while riding his bike and left in a coma. The General Assembly's approval of this new law comes on the heels of that incident. In fact, bicyclists' groups, energized by a series of fatal crashes involving motor vehicles and bikes and the recent Johns Hopkins accident, rode from Baltimore to Annapolis in support of the new law on April 6^th. One of the organizers of the ride was a woman whose husband was killed while bicycling in Baltimore County one year ago.

The new law creates an offense of manslaughter by criminal negligence that is more serious than a traffic offense but with a lesser penalty than vehicular manslaughter. The new law gives prosecutors an alternative for prosecuting drivers who kill people as a result of serious negligence. Manslaughter by criminal negligence will carry up to three years in jail and a $5000 fine. The law was also created because courts were interpreting felony manslaughter so narrowly that it was only applied in instances of drunk driving or drag racing. The new charge will require a "gross deviation from the standard of care that would be exercised by a reasonable" motorist. An example of the type of conduct covered by this new law could be a fatal crash in which the driver had been speeding 20 mph over the speed limit while crossing double yellow lines and passing a school bus.

If you or someone you know has been involved in a bicycle or pedestrian accident contact the Maryland personal injury lawyers at Portner & Shure for a free consultation.