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.

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.

Johns Hopkins Bicycle Accident Leads to $10 Million Lawsuit

Recently the Baltimore area bicycling community has been united by tragedy on the campus of Johns Hopkins University. A 20 year old student at Johns Hopkins was riding his bicycle down University Parkway in Baltimore City this February when he was struck by an elderly motorist. The Johns Hopkins student is not expected to recover brain function and his family believes there is no hope for any meaningful recovery. The brain damage caused by the accident appears to be permanent. The brain injury resulted from a lack of oxygen due to the fact that the young bicyclists was pinned underneath the vehicle that struck him. The accident occurred when an 83 year-old woman made a right turn into a driveway. In addition to being run over and pinned beneath the automobile, the young man also suffered third and fourth degree burns on his face and torso along with bone fractures, cuts and bruises.

The Ellicott City family of the young man is left with the strong possibility that their son will never recover any cognitive function. On March 22^nd, the family sued the driver for $10 million dollars charging that she violated multiple traffic laws. One important detail that is essential to the ultimate outcome of the case is the fact that the injured bicyclist was riding in the bike lane. The family's lawyer says the lawsuit will serve to cover some of the astronomical medical expenses that insurance will not. The case has drawn a strong response from local bicycle advocates who, among other claims, consider the Baltimore Police Department's response inadequate. Their opinion that the response was inadequate is mainly due to the department's hesitation to charge the elderly woman.

The driver of the car was eventually charged with negligent driving and failure to yield the right-of-way to a bicyclist in a designated bike lane. In order for the woman to be charged with vehicular manslaughter, should the victim die, a finding of gross negligence is required. The State's Attorney said an investigation found no such evidence. The bicyclist's family was comfortable with the decision and has no desire to see the driver put in jail. Bicycle advocates were pleased that there was an investigation and traffic charges were filed.

If you or someone you know was injured in a bicycle accident contact the personal injury lawyers at Portner & Shure for a free consultation.

Two Serious Bus Accidents in Harford County, Maryland

Monday, January 18, 2010, a school bus was stopped at a red light on Route 40 in Edgewood, Maryland when a man drove his vehicle under the school bus. The man, 72 year old Theodros Dimitrios Xenakis of Forest Hill, Maryland had to be cut out of his vehicle and was flown to Maryland Shock Trauma in serious condition.

Tuesday, January 19, 2010, a second serious bus accident occurred at 2:00 p.m. when a Ford Expedition collided with a Harford County school bus near Harford Technical High School. The driver of the Ford Expedition also had to be cut out of his vehicle and was taken to Bayview Medical Center in Baltimore City for his injuries.

Thankfully in both accidents no children were injured. In the United States there are more than 450,000 school buses that transport our children to and from school. The safety of children is a daily concern for parents, teachers, daycare providers and anyone taking children into their care. Bus drivers assume the responsibility for children everyday ensuring their safe return to and from school.

If a child is injured in a school bus accident it can change their life as well as the lives of their parents in an instant. Parents should be aware that companies that provide public transportation vehicles can be held liable for the safety of their vehicles. It is important that you consult with an experienced bus accident injury lawyer if you or someone you know is injured in this type of accident. Portner & Shure has handled countless bus accident cases, including one where we sued Peter Pan Bus Company for the driver's negligence. The driver was overworked and in fact fell asleep at the wheel while driving on Interstate 95 in Harford County. The recovery against the bus company was $ 550,000.00.

If your child or someone you love has been injured in a bus accident, you should contact an experienced attorney. The attorneys at Portner & Shure have many years of experience representing bus accident victims in Maryland, Virginia and the District of Columbia.

Alcohol May Have Contributed to Single Vehicle Accident in Howard County

On Friday, January 15, 2010, at approximately 3:20 a.m., there was a serious single car accident on Broken Land Parkway in Howard County, Maryland near Stevens Forest Road. The causes of the accident were not clear. However, it is suspected that alcohol was involved. One of the passengers was transported to the University of Maryland Medical Center in Baltimore City for serious injuries. The driver was taken to Howard General Hospital for minor injuries while another passenger was evaluated by paramedics at the scene and released.

Although the driver of a vehicle may be at fault for the accident, that fact does not prevent a passenger from pursuing a claim when bodily injuries are involved. A passenger has the opportunity to pursue a claim against the driver's insurance policy. However, if the passenger got into the vehicle knowing that the driver was intoxicated the insurance carrier may deny the claim. Under these circumstances the carrier will argue that the passenger assumed the risk of an injury and therefore cannot recover. Clearly, this is yet another reason not to drive with someone who has been drinking.

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

Dog Bite Cases and Methods of Recovery

Dog bite cases can often be very lucrative because of the potential to name multiple defendants.  In many cases where a dog owner is renting their home or apartment, successful claims can be made against both the landlord and tenant.

For example, a Baltimore City woman was recently able to obtain a verdict of over $325,000 for injuries she suffered as a result of a dog bite.  In this case, the Plaintiff was walking her dog down a public street when another dog broke free from a nearby apartment.  The loose dog then attacked the Plaintiff, causing a flesh wound that would later require 25 stitches to repair.  The Plaintiff subsequently filed suit against both the dog owner and the landlord of the dog owner's property. 

In her suit, the Plaintiff claimed that the dog owner was liable for not adequately securing his dog, and that the landlord was vicariously liable because the property being rented to the dog's owner was not sufficient to house a large dog (the dog in this case was a rottweiler).  Only the landlord presented a defense at trial, claiming that he was not liable for the actions of the dog involved in the attack.  A Baltimore City jury took just 1 hour to return a verdict against the dog owner in the amount of $175,025, and against the landlord in the amount of $150,025.  The amount rendered for the pain and suffering of the Plaintiff was not provided by the Court. 

In dog bite cases, a good attorney should be careful to identify all possible individuals or entities that could be held liable for the actions of the attacking dog.  Specifically, an attorney should focus on whether the attacking dog had escaped the control of its owner.  If the dog did break loose from its owner, an attorney should uncover initially how the dog was being restrained, how the dog was able to break free, and where the dog was able to break free from.  Further, the attorney must investigate the past history of the dog.  If the dog previously demonstrated violent tendencies, the owner is on notice that the dog would be violent, or would bite again.  The issue of notice should be given considerable attention in all dog bite cases.

The attorneys at Portner & Shure are among the most experienced in Maryland, Virginia and the District of Columbia in representing victims of dog bites.  If you, a friend or a loved one has been attacked by a dog, please contact Portner & Shure.