91 -Year-Old Anne Arundel County Man Killed in Scooter Crash

Baltimore and the surrounding area seems to have no regard for crosswalks. Maybe the color needs to be changed from white to bright red. Recently the Baltimore Metropolitan Area has suffered a rash of pedestrian, bicyclists and motorcyclists accidents. Three students have been injured at or near the Johns Hopkins campus, most notably a bicyclists who probably will never regain the majority of his cognitive functions. The family of that young man has filed a $10 million lawsuit. The biker was in a bike lane. It is unclear whether the two students struck this weekend were in a crosswalk. What is clear is that the man killed in Brooklyn Park last week was within a clearly marked crosswalk.

If a pedestrian suffers injuries or is killed because they are struck by a vehicle, their recovery for resulting injuries may depend on whether they were crossing in a crosswalk, especially if a crosswalk exists at the scene of the accident. Maryland law regarding pedestrians requires that a person crossing where there is a clearly marked crosswalk must cross within that crosswalk. If the pedestrian fails to do so, their claim may be unsuccessful because of contributory negligence, which is a common defense to tort claims in Maryland.

This elderly man, who was riding a mobility scooter, crossed completely within the crosswalk. Through no fault of his own, the man was struck by a Toyota Tundra and was pronounced dead after being taken to Maryland Shock Trauma. As a result of his death, the deceased man's family may have a wrongful death lawsuit against the driver.

Motorcycle Accident Expert, Harry Hurt,Dies at 81

On December 2, 2009, Harry Hurt one of the world's foremost authorities on motorcycle crashes and cause, passed away. Hurt was the principal investigator of The Hurt Report, an in depth investigation of 900 motorcycle accidents in Los Angeles from 1976 to 1977. His groundbreaking research credited with saving countless lives, was published in 1981.

In 1975, The National Highway Traffic Safety Center, asked Hurt to develop an accident investigation methodology that would determine the causes of motorcycle crashes and injuries. The study concluded that speed was not a factor in most crashes; that helmets were very effective in preventing brain injuries and deaths; and that two-thirds of motorcycle crashes involved cars and two-thirds of those accidents occurred when a car driver failed to see the motorcycle and violated the cyclist's right-of-way.

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

Major Verdict Rendered in Prince George's County Car Accident Case

A Prince George's County jury has awarded a $4.1 million verdict to the estate and family of a 20 year old male killed in a December 2007 accident.

Plaintiff David Gray was driving to the University of Maryland to attend classes when his vehicle was struck by a police cruiser.  The police cruiser had crossed a double yellow line and collided with the Plaintiff's vehicle, causing the vehicle to be sent airborne across the street.  Paramedics quickly arrived to the scene and transferred the Plaintiff to the Prince George's County Hospital Center, where he subsequently died from injuries sustained in the accident.   

The Plaintiff's mother filed suit on her son's behalf against the Defendant, an off-duty police officer with the Prince George's County Police Department.  In asserting that the Defendant negligently operated his vehicle, the Plaintiff's estate alleged that the Defendant was driving at twice the 25 mile per hour speed limit, that the Defendant was text messaging while driving his vehicle, and that the Defendant was under the influence of alcohol he had consumed the night before.  The jury agreed with the Plaintiff's assertions, and awarded a total verdict of $4.1 million dollars.  Of the $4.1 million awarded, $3.6 million went to the estate of the deceased, $500,000 to the Plaintiff's mother for pain and suffering, $35,000 for past medical expenses and $5,000 for funeral expenses. 

There are a few key points worthy of mention in this case.  It is very curious that the fact that the Defendant had been drinking the night before was not discovered until he was deposed during the civil case.  The Defendant apparently was not asked by his fellow Prince George's County officers arriving on the scene whether he had consumed alcohol the previous evening.  According to the deposition, the Defendant stated that he had drank 3 to 5 Corona's the night before the accident prior to going to sleep at 3 a.m.  The accident occurred just 4 hours after he had gone to sleep, making it entirely possible that the Defendant was still under the influence at the time of the accident.  The Washington Post examined the alcohol consumption issue in this case in greater detail. 

Another interesting point is that texting was used as a means to demonstrate negligent driving.  The Plaintiff's counsel in this case actually brought in an AT&T representative to testify that there was a data transfer from the Defendant's phone at the time of the accident.  I think that the use of texting to show negligent driving in car accident cases may be something we see more and more. 

If you have been in a car, truck or motorcycle accident and believe the person that struck you was at fault, you should contact an experienced attorney.  The attorneys at Portner & Shure many years of experience representing accident victims in Maryland, Virginia and the District of Columbia.  Contact us for a free consultation.