Do Not Talk to Insurance Companies Without Seeking Advice of an Attorney First

February 1, 2009, at approximately 12:30 p.m. a Montgomery County high school student was killed when the driver of the vehicle he was in lost control of the car on Veirs Mill Road in Rockville. The 17 year old passenger, Thiago Andrade of Rockville was thrown from the 2003 Toyota Camry and pronounced dead at the scene. Another passenger in the vehicle was critically injured. The driver was trapped behind the wheel of the vehicle until an emergency crew arrived on the scene.

While Montgomery County police are still investigating the accident that had Veirs Mill Road closed for several hours it is alleged that the driver was speeding. Witnesses saw the car traveling eastbound on Veirs Mill Road and just before it reached Robindale Drive the car went down a grassy embankment and hit a tree, causing the car to split in half. Both sections of the vehicle continued in different directions down the hill, landing in the Rock Creek apartment complex, damaging one other vehicle.

The passengers in this vehicle, and/or their family have the right to make a claim for their bodily injuries or wrongful death against the driver's insurance. Depending on the driver's policy and their own household coverage, they may have the right to other benefits and should seek the advice of an attorney to ensure full compensation for said injuries or wrongful death benefits. Under no circumstances should they speak to the insurance carrier before consulting an attorney. Even passengers can jeopardize their rights by talking to an insurance adjuster. For example, if the driver of the vehicle was drinking and the passengers know this, their claim could arguably be barred by the doctrine of "assumption of risk."

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

Single Vehicle Accident Causes Death of Fort Washington Woman

On February 4, 2010, a 79-year-old woman was killed when her husband suffered a medical condition while driving the couple's car and crashed into a tree in Clinton, Maryland. The driver of the vehicle lost control of the vehicle and hit the nearby tree. Both occupants of the vehicle were taken to a local hospital were the passenger was pronounced dead.

Many auto insurance policies that carry personal injury protection also carry a specific death benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

With respect to liability, if you are injured by a person who has a medical emergency several things may need to be proven. First, did this person have reason to believe that their medical condition could put themselves or others at risk. For example, if a person has a seizure and it causes an accident, did that person know of the seizure disorder prior to the collision. Additionally, if you were a passenger, did you know of the condition? If so, and you still went for a drive, your claim may be barred by the doctrine of "assumption of risk." Since several factors come into play in these cases, even you think you did nothing wrong, do not talk to an insurance adjuster without first consulting an attorney.

If you, a family member, or someone you know was injured in an accident as the result a medical condition or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.