Status of Ban on Driving and Texting

Last week the Maryland's House of Delegates voted to prohibit reading text messages while driving. Those that violate this proposed ban would be guilty of a misdemeanor and could face fines up to $500.00. Although last year lawmakers voted to prohibit the writing and sending of text messages while driving, the new law would also prevent drivers from reading text messages as well.

Local area's have already begun to tighten up on driving while using hand sets. As a matter of safety, cell phone usage in a motor vehicle should be limited. Conversing while driving takes attention away from the road and the potential hazards that exist. Hands Free devices could very well become a requirement in Maryland and the surrounding states. Currently using a hands free device is a requirement in the District of Columbia.

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

$5 Million Lawsuit Filed in Fatal Bicycle Accident

Mr. John Yates, a 67-year-old bicyclist, was riding his bicycle on Maryland Avenue in Baltimore, Maryland on August 4, 2009 when he was struck in the rear by a truck owned by Potts & Callahan. The collision caused the bike to get stuck under the wheels of the truck when the truck made a right hand turn onto Lafayette Avenue. Yates were pronounced dead at the scene. The driver of the truck failed to stop after the accident. The truck was found two days later in the Potts & Callahan service yard with a blood and hair still on the front tires. DNA testing confirmed that the truck was involved in this collision.

On March 3, 2010, the family of Yates filed a multi-million dollar lawsuit against Potts & Callahan for wrongful death. The lawsuit accuses the driver of the truck and Potts & Callahan of negligence. The dispute in this matter is whether or not Yates was in full compliance with Maryland law.

According to the law in Maryland, the operator of a bicycle must stay as close to the right side of the roadway as practicable except when turning left. There are exceptions to this rule, a bicyclist must use a bike lane or smooth shoulder whenever one is available and may not ride on a controlled road with a speed in excess of 50 miles per hour. It is important to note that the violation of any of these rules does not constitute negligence as a matter of law unless the violation is the proximate cause of the injury. If the bike rider was found to have contributed to accident, his estate is completely barred from any recovery.

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

Single Vehicle Accident Claims Life of Pasadena Man

On March 14, 2010, a 46-year-old Pasadena, Maryland man was killed as the result of a single vehicle accident. He lost control of his vehicle and slammed into a tree. The Anne Arundel County Police believe that the man may have been drag racing at the time of the collision. The accident occurred on Route 100 in Anne Arundel County. The man was trapped inside the vehicle and was pronounced dead at the scene.

The Maryland Motor Vehicle Code prohibits any person from driving a vehicle in a race on any highway or street that is used by the general public. A person who participates in a street or drag race can also be charged with negligent driving even if no one was injured. Numerous accidents are occurring across Maryland as a result of drag racing. In fact, recent accidents from drag racing have been reported in Anne Arundel, Baltimore, and Prince George's County. These accidents often result in the death of the driver and/or spectator. This new trend needs to stop.

If you, a family member, or someone you know has been involved in a motor vehicle accident as the result of a drag race or if you would like more information on car accidents, contact Portner & Shure for a free consultation.

Rear End Collision on US 15 Turns Fatal

On Sunday, March 14, 2010, there was a two-vehicle collision on Route 15 at Mountville Road in Jefferson, Maryland. A Dodge Grand Caravan was stopped at a traffic signal when they were struck in the rear by a Dodge Ram Pickup Truck. There were six passengers in the Caravan, all of whom were transported to various area hospitals for severe injuries. The two passengers of the pick up were taken to Frederick Memorial Hospital for treatment. One of the passengers of the Caravan was taken to Washington County Hospital in Hagerstown, Maryland but died before she could be transported to R. Adams Cowley Shock Trauma Center in Baltimore.

In Maryland, when motor vehicles are traveling in the same direction there are duties placed on all drivers. The driver of any motor vehicle has an obligation to use due care and caution when following another vehicle. The operator must have regard for speed and weather conditions and maintain a safe distance from the vehicle directly in front of them. Failure to pay full attention could result in a rear end collision.

It is also important to understand what benefits a passenger in a vehicle may have in the event of a motor vehicle collision. Passengers could be entitled to personal injury benefits, or even as in this case, death benefits. A claim for property damage and bodily injuries can be made against the "at fault party" and their insurance carrier. In the event that an accident occurs and the "at fault" party does not carry insurance it may still be possible to pursue a claim under your uninsured motorist coverage.

If you, a family member, or someone you know was involved in a rear end motor vehicle collision or if you would like more information on car accident claims, please contact Portner & Shure for a free consultation.

Montgomery County Man Killed in Car Crash

The Montgomery County police are investigating the cause of a fatal crash that occurred on Saturday, March 9, 2010, at the intersection of Washington Grove Lane and Mid-County Highway that took the life of Lenard Ostilio Pineda-Guardado.

The driver of the 1996 Ford Ranger that Mr. Pineda-Guardado was a passenger in, stated to the police that he had the green light when a 1998 Dodge Durango plowed into the passenger side of his vehicle causing his vehicle to flip and crash into another vehicle.

It is believed the 17 year old teenager operating the 1998 Dodge Durango with a provisional license, was speeding.  He had four other passengers in the vehicle with him, one of which, besides himself, had to be taken to Shady Grove Hospital in Rockville for their injuries.  A spokeswoman for the Maryland Vehicle Administration, commented to press that only direct family members can ride in a vehicle with a person with a provisional driver's license within the first five months of having it.  

Consequences are invoked on the provisional driver that is found guilty of a moving violation.  The first time they are required to complete a driver training course.  The second violation carries a 30 day suspension and the third violation could lead to a 180 day suspension and the license could be revoked.  Hearings are mandatory when an accident involves a fatality.  

If you, a family member, or someone you know has been involved in a car accident or you need additional information regarding car accidents or wrongful death claims, please cntact Portner & Shure for a free consultation.

$145 Million Wrongful Death Suit filed in Harford County, Maryland

The family of Dwight Jerome Madison, a 48 year old Navy veteran, filed a civil suit against Harford County and the Harford County Sheriff's office after Mr. Madison died as a result of being Tasered.  

The suit filed in the U.S. District Court in Baltimore alleges that Mr. Madison was assaulted by three correction officers and a civilian jail employee.  During the assault, Mr. Madison struck his head and became seriously injured nevertheless, the correction officers continued to "fire thousands of volts of electricity into Mr. Madison, causing his death."

Mr. Madison was initially taken to Upper Chesapeake Hospital in Harford County but later transferred to the Maryland Shock Trauma Center where he died on June 13th.  

The suit claims that the actions of the correction officers violated Mr. Madison's civil rights, directly causing his death.  

Recent studies indicate Tasers could potentially cause ventricular fibrillation.  During ventricular fibrillation, the heart goes into overdrive.  Instead of pumping blood in the normal sequence, the heart writhes uncontrollably, potentially causing sudden death.  Further, studies have shown that Tasers interrupt brain signals.  Tasing could cause the nerve cells in the brain to fire signals in a fast, rhythmic pattern, triggering a seizure, which could possibly lead to secondary injuries and potentially lethal outcomes such as suffocation.

If you, a family member, or someone you know has sustained injuries or wrongful death as the result the negligence of another person or persons, or you would like more information on wrongful death claims, please contact Portner & Shure for a free consultation..

Ice Patch May Have Caused Death of Prince George's County Police Officer

On February 27, 2010, a Prince George's County Police Officer was involved in a serious car accident when his vehicle struck a patch of ice and slid into a utility pole. Officer Thomas Jensen was transported to a nearby hospital where he was treated for his injuries. However, on March 9th, he died of those injuries.

All drivers have an obligation to drive 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. What happened in this situation was a tragedy and is a reminder to all of use to be mindful of the weather conditions as we travel. It is also yet another example of terrible injuries occurring at an impact speed that was not over fifty miles per hour.

If you, a family member, or someone you know has been involved in a motor vehicle accident involving the weather conditions or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.