Spanish Speaking Criminal Defendants or Accident Victims in Maryland

Spanish speaking criminal defendants and accident victims should be aware that different rules seem to apply to them while they are in the legal system in many jurisdictions throughout Maryland. In counties like Howard County, Montgomery County and Prince George's County, in our experience, there is no difference in outcome because you speak Spanish in an accident case or a drunk driving case. However, if you go to some courthouses on the Eastern Shore and expect accident compensation, or a fair sentence, in our experience Spanish speaking clients results will vary, will be inconsistent, and may receive less money and a greater sentence.

As a result, we urge our Spanish speaking criminal clients to not accept plea deals in certain counties. Our results in certain criminal cases, in these counties with Spanish speaking defendants, are considerably better at sentencing, even when we have tried cases and lost, then when we have defendants plea guilty.

In accident cases a good Spanish interpreter, who has a nice presence seems to also make a difference. It is obvious that since the damages are being expressed through a Spanish interpreter, the way in which the interpreter appears and expresses herself makes a difference. Our firm is very familiar with certain court certified Spanish speaking interpreters who make a great presentation and help obtain excellent results for our Spanish speaking automobile accident clients throughout Maryland.

 

If you or a family member speaks Spanish and has been injured or killed in an automobile accident, truck, bus or motorcycle accident or have been charged with a crime and would like a free legal consultation or if you would like more information on car accidents and criminal defense, please feel free to contact our office or visit us on the web at http://www.yosoytuabogado.com.

The Right to a Jury Trial in a Maryland Accident Case has Changed

Until now if you were involved in an accident and claimed damages of $10,000 or less, you and the insurance carrier were entitled to a judge trial and not a jury trial. Jury trials cost a great deal more. Doctors who charge thousands to appear need to be called. Years ago there was no dollar limit on jury trial requests. As a result, insurance company lawyers would request jury trials in small cases as a means to discourage attorneys from taking them. It was a strategic move to reduce personal injury claims. For example, if an automobile accident case that occurred in Columbia in Howard County was worth $5,000 and the doctor charged two thousand to appear, than the economics of a Howard County jury trial didn't make sense. It discouraged many attorneys from taking smaller claims.

As a result, plaintiff's lawyers fought hard to get legislation passed requiring at least a demand for $10,000 in damages before either side had a right to a jury trial. The change has enabled countless injured people to pursue automobile accident claims when their injuries were soft tissue and the damages they claimed were under $10,000. With the passage of time and higher medical costs many small claims can not be concluded for $10,000.

Rather than have these claims decided in the circuit court before a jury, the plaintiff's bar has been successful in getting the damage limit for a jury trial request raised to $15,000. These smaller claims now can be done quicker in the district court and with less cost. In the district court if your attorney files the proper papers, evidence of your medical bills and treatment is admissible without calling the physician at trial.

Routine Police Stop Turns Into Hot Pursuit Causing Fatality

Routine police stops occur every day. However, on January 29, 2010, the Maryland State Police pulled over Mr. Tyrone Butler for speeding. In the vehicle with Mr. Butler was his friend, Francis Chase, Jr. Mr. Butler was found to be driving on a suspended license at which time the responding trooper called for backup. Once the additional officers arrived on the scene, the officers approached Mr. Butlers pick up truck. Mr. Butler attempted to flee the scene and led the police on a 2 ½ mile chase on Route 235 in Hollywood, Maryland. The pursuit turned deadly when Mr. Butler turned abruptly onto Vista Road and into a private driveway at which time he crashed into two trees before the vehicle came to rest. Mr. Butler was flown to Prince George's County Shock Trauma with non-life threatening injuries. Mr. Chase, however, was pronounced dead at the scene.

This is an example of an accident that was caused by one person's poor judgement. The family of Mr. Chase may pursue a claim against Mr. Butlers' insurance carrier for death benefits to assist with the costs of burial or other costs arising from this accident as well as a wrongful death claim. However, it is unlikely that he had any insurance since he was driving on a suspended license. Hence, the recovery, if any, will have to be under Mr. Chases' own uninsured motorist policy. Mr. Butler could also face civil and criminal charges as a result of his actions. Charges such as vehicular manslaughter could be filed by the State of Maryland.

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

Speed and Reckless Driving Contribute to Many Single Vehicles Accidents

Single vehicle accidents are becoming more common. These accidents are commonly the result of negligent driving and have a great potential of becoming deadly. Speed and reckless driving are among the top causes of such car collisions.

For example, on January 12, 2010, a 19-year-old Delaware woman lost control of her vehicle and struck a telephone poll before the vehicle overturned on Back Mountain Road in Frederick County, Maryland. Although the driver was trapped in the vehicle for a period of time she only sustained minor injuries. She is being charged with reckless driving and failure to maintain control of a vehicle.

Charges such as reckless driving have significant impact on your driving record. Repeated charges can result in the suspension or loss of your driving privileges in addition to hefty fines and penalties. It may also become difficult to get car insurance if you have charges such as these on your driving record.

If you, a family member, or someone you know has been injured in a motor vehicle accident due to someone's failure to maintain control of their vehicle or you would like more information on car accidents, please contact Portner & Shure for a free consultation.

Minor Accident in Prince George's County Becomes Fatality

A minor car accident for two men ends in tragedy in Prince George's County, Maryland. The accident occurred in Adelphi on February 1, 2010, at the intersection of Riggs Road and Forest Dale Drive. The men had pulled their respective vehicles onto the shoulder of Riggs Road to exchange insurance information. While exchanging information, a third car being driven by a Beltsville woman struck both men and their parked vehicles. Both men were pronounced dead at the scene.

The woman driving the 2005 Cadillac SUV was arrested at the scene and it is believed that she will be charged with vehicular manslaughter. Sources close to the investigation confirm alcohol was a major factor in this tragic accident.

This was a senseless tragedy that could have been avoided. The families of these victims are entitled to recover for their losses. They have the right to make a claim against the drunk driver's insurance for wrongful death, in addition to personal injury protection benefits from that driver's policy since they were not in their vehicles at the time of the accident. There might also be death benefits available to them. It is important to have an attorney who is familiar with tort claims and will aggressively pursue all available benefits for the family of the deceased. Portner & Shure has handled hundreds of claims of this magnitude with excellent results.

If you, a family member, or someone you know has been injured or died 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.

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.

Poor Road Conditions and Automobile Accidents

Poor weather conditions can result in single or multi-vehicle accidents. The most recent snow storm is a perfect example of how weather can impair a person's ability to drive. Poor weather and, as a result, road conditions contribute to thousands of accidents in the Maryland, Virginia and Washington, D.C. areas every year.

Over the past few weeks, automobile accidents in Frederick County, Maryland has been on the rise. On December 31, 2009, a sports utility vehicle slid into a Frederick County Fire and Rescue vehicle that was traveling in the opposite direction near Point of Rocks. The fire truck was responding to a single vehicle accident on Route 464. The passengers of the SUV and fire truck had to be taken to Frederick Memorial Hospital for medical attention. The icy road conditions were reported as being the cause of this accident. Unfortunately, when road conditions case an accident negligence maybe impossible to prove.

Regardless of the type of vehicle that a person may operate, car accidents can happen to anyone at anytime. Traffic accidents can result in injuries ranging from minor bruising and sprains to more serious injuries such as internal bleeding, fractures or even traumatic brain injuries. Head-on collisions and other motor vehicle accidents that occur at a higher rate of speed have the potential of leaving a person with permanent injuries.

If you, a family member, or someone you know has been injured in a motor vehicle accident due to poor road conditions, or you would like more information on car accidents, please contact Portner & Shure.