Motorcyclist Killed in Parking Lot Crash in Howard County

This past Tuesday a motorcyclist was killed when he struck the back of a pickup truck in Jessup in Howard County. Police believe that a mechanical malfunction might have caused the motorcyclist to lose control. The motorcyclist hit a curb and then the truck in the parking lot of Frank's Seafood in Jessup, Maryland. The motorcycle involved was a KTM SMR 525 Enduro. The motorcyclist was pronounced dead at the scene. The driver of the pickup truck was not injured. The motorcyclist was, unfortunately, not wearing his helmet. If the accident did occur as a result of a mechanical defect then the motorcyclist's estate can recover damages under a strict liability theory and the motorcyclist's family would have an extremely strong wrongful death claim. However, a strong argument could be made against a wrongful death claim because not wearing a helmet is intervening negligence. Damages recovered in either suit would be limited because the motorcyclist had a duty to mitigate damages by wearing a helmet as required by Maryland law. Also, under a theory of strict liability the negligent party is only responsible for foreseeable damages. A motorcyclist's failure to wear a helmet is not foreseeable. With all this being said motorcyclists are extremely vulnerable to injury or even death as a result of an accident. If you or someone you know was injured in a motorcycle accident contact Portner & Shure's Maryland motorcycle accident lawyers.

Car Accident Involving Police Vehicle in Howard County

On January 20, 2010, an unmarked police vehicle was traveling eastbound along Route 108 in Columbia, Maryland. When the officer was making a left hand turn on Bendix Road he was hit by another vehicle traveling westbound on Route 108 in Howard County. The drivers of both vehicles were taken to Howard County General for injuries.

Although emergency vehicles have their own set of rules to which they adhere while driving, it is unclear in this situation as to what capacity the unmarked police cruiser was being used. 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..

If you, a family member, or someone you know has been injured in a motor vehicle accident that involves the use of an emergency vehicle or would like more information on car accidents, please contact Portner & Shure.

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.

Automobile Accidents and Drinking: Beware of the Consequences

A recent case in Howard County, Maryland demonstrates how serious courts take the situation where a person drinks, gets in a car, and has an accident that leads to the death of another human being. In the case of Jose Santiago, he and a group of friends all went out drinking. An accident occurred, and Santiago's blood alcohol was measured at .09, just above the State's legal limit of .08.

While driving, Santiago lost control and crashed into a truck. Two of the passengers, both friends, were killed. Santiago was charged and plead guilty to two counts of negligent vehicular homicide while driving under the influence of alcohol. Santiago was in this country illegally and U.S. Immigration placed a detainer on him.

Santiago blamed snow for causing the accident. Families of the two men who were killed asked that Santiago be deported instead of jailed. In fact, both families went as far as to go through an official procedure in Mexico to "renounce any illegal act" on Santiago's part and asked that he be deported back to his mother. Despite the families request, the Court sentenced him to three years in jail. Only after he serves the sentence will he be deported.

Most states including Maryland, Virginia, and Texas, all impose jail sentences in automobile accident cases, where the driver was intoxicated, and caused an accident that resulted in the death of another person. Further, most courts will force the illegal immigrant to serve jail time before allowing deportation.