Tragic Baltimore City Automobile Accident Leaves Two Dead

As a Baltimore City resident, I am stunned by the recent accident in Fells Point which resulted in two fatalities. The authorities believe that speeding was the cause and that is the main reason for my astonishment. Fells Point is rife with many problems including drunk bar patrons and crime, but that seems to come with the territory. What doesn't come with the territory is speeding and fatal car accidents. Such incidents are typically saved for I-95 or the Beltway. It is relatively impossible to speed on the streets of Fells Point. Fells Point has traffic lights, cross walks and stop signs at every intersection, and half of the streets are cobblestone. Not to mention the almost constant pedestrian traffic common to Baltimore City neighborhoods with an abundance of bars, restaurants and shops.

What I am getting at is that in order for someone to speed in Fells Point that person would really have to try hard. I understand speeding on I-95 or 695. Maybe a driver is just keeping up with the pace of traffic or there is no one else on the road, but speeding in a crowded city neighborhood, that act seems intentional and reckless. This accident occurred on Bank Street at 10:30p.m. on a Thursday. Thursday is a popular night for college students (and those who still act like they are in college) and there is no doubt that Fells Point was crowded with cars an pedestrians which makes this driver's conduct so alarming.

The preliminary investigation, based on witness accounts, reveals that the driver of a Dodge Durango, who was killed in the accident, was at fault and was most likely speeding. Also killed was a passenger in the other vehicle, an 18 year old Stevenson University student. The 18 year old died in her boyfriend's arms. The boyfriend, who was the driver of the other vehicle, will have to live with the memory of this tragedy for the rest of his life, not to mention the injuries he suffered as a result of the impact. The at fault driver in this case had a history of speeding and was convicted of driving 30mph over the posted speed limit in June 2010 (most likely the speed was reduced) and had a pending charge of driving 57mph in a 30-mph zone. A Maryland wrongful death lawyer could help the family of the young lady who was killed pursue a wrongful death lawsuit against the negligent driver, and a Maryland accident attorney could help the young man who survived the crash pursue a Maryland personal injury claim. The personal injury attorneys at Portner & Shure are experienced and skilled in both wrongful death claims and automobile accident injury claims.

What Is the Difference in Maryland Between a Survival and a Wrongful Death Action?

When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Maryland wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Maryland personal injury lawyer can also bring what is called a survival action on behalf of the victim's estate. A survival action claims recovery for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death.

In a wrongful death action in Maryland, the amount immediate family members can recover is determined by the emotional and financial harm they experienced as a result of their loss. In a wrongful death case the estate of the decedent is not involved and the family members of the victim are acting entirely on their own behalf. In a survival action in Maryland, the amount the decedent's estate can recover is determined by the harm to the actual victim. The representative of the estate brings the lawsuit on behalf of the decedent.

The Maryland personal injury attorneys and Maryland wrongful death lawyers at Portner & Shure are experienced in handling these types of lawsuits. Our attorneys balance professionalism, aggressiveness and compassion when we represent client's who have lost a loved one.

What Is Contributory Negligence in a Maryland Automobile Accident Case?

Maryland is one of five states that uses contributory negligence instead of comparative negligence. The majority of states use the doctrine of comparative negligence which means, when both the victim and the defendant contributed to an accident by failing to exercise a reasonable degree of care and caution, each party's degree of liability is apportioned. The total amount that an accident victim is awarded is lessened in direct relation to his or her own negligence. For instance, if a jury found that an accident victim was entitled to $1,000,000.00 in damages but found that the victim was 20% at fault, the jury award would be $800,000.00.

Maryland's contributory negligence doctrine is more cut throat and can be a complete bar to an injured victim's recovery. Maryland personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages.

Maryland personal injury lawyers have been struggling against the doctrine of contributory negligence since it was adopted by the Maryland Court of Appeals in 1847. In 1868, accident victims received some reprieve when the Court of Appeals adopted the last clear chance doctrine. The last clear chance doctrine allows recovery by an accident victim, who would other wise be barred from recovery due to contributory negligence, if the defendant had the last chance to avoid the accident. When the defendant is negligent and the victim is contributorily negligent, the Plaintiff can still recover damages if there is a showing that something new or sequential affords the defendant a fresh opportunity to avert the consequences of his original negligence.

New Texting Law in Force in Maryland

Starting October 1, 2011, reading a text message or an email from behind the wheel will cost a driver up to $500 in fines. Maryland's new law, barring the reading of texts while driving, clarifies the existing texting while driving rules. Up until this point, drivers were barred from writing text messages while driving but were allowed to read them. Law enforcement authorities have already commented that police officers will begin enforcing the law immediately.

Police in Maryland have issued 587 warnings and 379 traffic citations for texting while driving and 4,021 warnings and 5,227 traffic citations to drivers talking on cell phones since the initial ban was put in place two years ago. The law still provides an exception for drivers who are texting emergency operators or using phone GPS systems.

Drivers who are ticketed can still choose to pay a $70 fine an accept guilt, which would add a point to their license; if the texting leads to an accident, accepting guilt would mean paying a $110 fine and three points on the license. If a driver chooses to contest the ticket in court, that individual runs the risk of being found guilty of a misdemeanor and having to pay up to a $500 fine. If you were involved in an accident that resulted from the other driver texting while driving contact the Maryland personal injury attorneys at Portner & Shure.

Baltimore Area Drivers Are the Worst in the Country

No wonder our Maryland personal injury law firm is so busy. We have hundreds automobile accident victims call us each month. Where do they all come from? Well a recent study may shed some light on why my desk is surrounded by Maryland automobile accident case files. Allstate Insurance released its annual "America's Best Driver" report ranking the largest U.S. cities based on the number of auto accidents. For the second year in a row Baltimore City held the same rank, 192 out of 193. 193 being the worst.

In contrast, America's safest driving city is Fort Collins, Colorado, with drivers averaging around fourteen years between automobile accidents. In Fort Collins, drivers are 28 percent less likely to be involved in an automobile accident than the national average. In Baltimore, drivers are almost 89 percent more likely to be involved in an automobile accident than the national average. Baltimore drivers average about five years between car accidents.

So the obvious question is where are the worst drivers? Our neighbors to the south boast that title. Washington, D.C. has the worst drivers in the country. Lucky for Portner & Shure we also practice in Washington, D.C.; our experienced Baltimore car accident lawyers and Washington, D.C. auto accident attorneys are like roofers in Southern Florida during hurricane season. There is no shortage of clients who need help because they have been injured by a negligent driver. Our responsibility as Baltimore auto accident lawyers and Washington, D.C. accident injury attorneys is to protect our clients' rights against the insurance companies who, to often, take advantage of the innocent victim.

Who should you buy your automobile insurance from?

Shop the rates. Every automobile insurance company must file with the Maryland Insurance Administration their underwriting standards and rates.

Automobile insurance companies in Maryland may use numerous factors to determine their risk and to set rates based upon the risk. Factors that are considered include: geographic location, age of driver, education of driver, type of job, distance of normal commute, and credit rating. Factors are placed in separate boxes and rates are set by which box a person matches up with. The carriers do, however, weigh risks differently, and therefore, a persons rates may depend on their particular insurance company.

Factors that may not be considered are a persons race or nationality. In other words, Korean or Chinese speaking Maryland clients can not be forced to pay more in premiums.

Insurance companies are allowed to base future rates on an insured's traffic record and history of at fault accidents.

Since each automobile insurance company uses different factors and weighs the risks differently, you should shop around to determine the best rates for yourself. One carrier for example may charge more based on the type of care you drive, while another due to the inexperience of the driver.

Service does not generally vary from insurance carrier to insurance carrier. It does vary from adjuster to adjuster, but that is just a matter of luck. Therefore, base your decision on what the policy costs, not what the carrier says about its overall service.

Beware of the Friendly Insurance Adjuster: Especially in Maryland

As Maryland personal injury attorneys our law firm deals with insurance adjusters on a daily basis. Our Maryland auto accident attorneys are constantly negotiating settlements or in court fighting against the insurance companies on behalf of our clients. As a result, we have seen every trick in the book. One of the most common tricks is when an adjuster offers an injured individual a check shortly after the accident in exchange for a release. More often than not the check will be for substantially less than the actual value of the case. In Maryland once the release is signed there is no opportunity for the injured individual to rescind. In contrast, in Virginia, there is a 72 hour period to rescind.

Like a sheep in wolf's clothing the insurance adjuster's wonderful customer service and eagerness to offer money masks the actual intent. The insurance adjuster's job, by nature, requires them to settle cases for the lowest possible amount. It is all about the bottom line. If adjusters can keep their company's cost down by offering settlements that do not reflect the actual value of the case they will most likely do so. Every day our law firm answers calls from people who have accepted offers and signed releases for amounts significantly lower than what their case is actually worth. Unfortunately, in Maryland, once the settlement is accepted and the release is signed our Maryland accident injury attorneys can't pursue the case. Ultimately, the failure to consult an experienced Maryland personal injury attorney could cost someone injured in an accident thousands of dollars. This consequence is exactly why speaking to a Maryland personal injury lawyer or Maryland auto accident attorney is essential to achieving maximum recovery for injuries suffered as a result of someone else's negligence.