Police Vehicle Collides with Van: Rights of Emergency Vehicles

On April 30, 2010, at approximately 1:30 p.m. a Maryland State Trooper was involved in an automobile accident on US 15 in Frederick County, Maryland. The trooper was responding to a motorcycle collision that also occurred on US 15 wherein the motorcyclist was injured. The trooper was driving south in his patrol car with his emergency lights and sirens activated when he approached the intersection of Mountville Road. The driver of a Honda Odyssey entered the intersection as the patrol car approached. Although the trooper took evasive action in an effort to avoid colliding with the van, the patrol car struck the van. The trooper and his passenger were taken to Frederick Memorial Hospital. The van driver was not injured.

Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals, except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.

Moreover, accidents involving the failure to yield to the right of way, and stopping for appropriate traffic markers, are more common then most realize. When a person fails to yield to the right of way or crosses a lane of travel, they often cause a collision that is ultimately their fault. It is imperative to know and understand the rules of the road.

If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal consultation.

Low Speed Police Chase in Frederick County

On April 27, 2010, at approximately 2:45 p.m. a 22-year-old Keedysville woman was charged with fleeing and eluding and driving while impaired by drugs. The Frederick County Police Department saw a car slowly weaving on North East Street. Local traffic was steering around the vehicle in an effort to avoid colliding with the vehicle. After a short pursuit, the police officer apprehended the woman when he noted that she had an odor of PCP on her breathe. After further investigation, the driver was placed under arrest.

It goes without saying that situations involving alcohol or drugs have a greater potential of turning fatal. Driving while impaired is a very serious offense. Not only is a driver putting them at risk but they are putting innocent individuals in danger. Although this incident came to closure with no property or bodily injuries reported, this is not always the case. Most alcohol and drug related offense's end in automobile collision, personal injuries, property damage, or even fatalities.

The driver can be required to submit to a blood test to determine the quantity of PCP in her body. This test must be done within 4 hours of the arrest.

If you, a family member, or someone you know has been involved in an automobile related accident or if you are seeking a criminal defense attorney, feel free to contact us for a free legal consultation. You can contact Portner & Shure for a free consultation. Our Maryland and Virginia accident lawyers are available to speak with you.

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.

Tractor Trailer Driver Loses Control of Vehicle

Operators of commercial vehicles are required by law to carry a license specific to the size of the tractor trailer that is being driven. For example, a "Class A" license is required for operators of a vehicle with a weight in excess of 25,000 pounds. An operator of these larger vehicles has an obligation to use the appropriate standard of care when maneuvering such a vehicle. All drivers must be careful when sharing the road with these vehicles as the shear weight and size could make even the slightest of accidents deadly.

An example of how important it is to have experienced drivers behind the wheel of these large vehicles came in the form of an accident that occurred earlier this week on Interstate 70 in Frederick County, Maryland. A tractor trailer driver lost control of his vehicle when he struck another tractor trailer before crossing the road and striking the guardrail located in the median of the highway. Although no injuries were reported, the accident did cause clean up crews from the Maryland Department of Environment and Frederick County Hazmat units to clean up a fuel leak. This clean up required the lanes of Interstate 70 to be limited to one lane for a period of three hours.

If you, a family member, or someone you know was involved in a truck accident with a tractor trailer or if you would like more information on motor vehicle accidents, please contact Portner & Shure for a free consultation.

Car Accident Linked to Cell Phone Use

It has been confirmed that talking on a cellular phone while driving can be a major distraction. Teenagers and less experienced drivers are at an even greater risk for causing an accident. The law in Maryland is that drivers younger than 18 with a provisional drivers license or learner's permit are prohibited from using any cell phone while driving. Texting was previously banned in Maryland for all drivers.

Recently a 17-year-old driver caused a serious car accident while talking on his cell phone. The teenager was merging onto Interstate 70 in Frederick County, Maryland when he allegedly rear-ended another vehicle. The responding officer noted that the teenager did not realize that there was highway construction in the area that had caused the traffic to slow down. The driver of the rear-ended vehicle was flown to Washington County Hospital while the teen only sustained minor injuries. The juvenile was charged with negligent driving.

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