Maryland Criminal Defense Attorney | Road Rage in Maryland

We have all read or seen on the news stories of drivers getting involved in physical altercations due to aggressive driving- or what is commonly referred to as road rage. Road rage can lead to altercations, assaults, and collisions, which can then result in injuries and even deaths.

The National Highway Traffic Safety Administration (NHTSA) states that road rage "involves a criminal act of violence, whereas aggressive driving can include tailgating, speeding and running red lights." The number of deaths related to road rage is difficult to track, but NHTSA estimates that aggressive driving accounts for about one-third of all crashes and about two-thirds of the resulting fatalities.

Portner & Shure recently represented a client who was involved in a road rage incident. He was driving on I-270 southbound in Gaithersburg, Maryland and became involved in an altercation with another driver on the road. The two men pulled over on the shoulder and exchanged verbal insults, which then led to a physical fight on the side of the highway. Our client fractured the other driver's nose and head butted him, resulting in broken teeth. 

Subsequently, our client was charged with second-degree assault, reckless driving, negligent driving, and following a vehicle too closely by the state of Maryland. In Maryland, second-degree assault is defined as causing someone physical injury. If convicted, you can face up to 10 years in prison and a $2,500 fine. In addition, our client was facing a civil lawsuit from the other driver for medical bills and surgery, which amounted to over $27,000. The attorneys at Portner & Shure were able to successfully work with the state and the opposing attorney to resolve the issue by negotiating a much lower pre-trial settlement.

While we may have successfully helped our client resolve both the serious criminal and civil charges he was facing, here, there was no real winner. Both men suffered physical and monetary losses due to a situation which could have been avoided. If someone is tailgating you and acting aggressively, do not make eye contact or retaliate in any sort of way. It's not worth it. If a problem persists, call for help on your cell phone and drive to a police station for help.

Motorcycle Accident Leads to Serious Injuries

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes since the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.

Earlier this month, a Hagerstown motorcyclist was seriously injured as the result of a collision between his bike and a Volkswagen Jetta while on US Route 40 in Frederick County, Maryland. The motorcyclist said that the driver of the Jetta pulled out in front of him. When the Jetta pulled out, the motorcyclist struck the driver side door causing his bike to overturn. The operator of the motorcycle was transported to R Adams Crowley Trauma Center in Baltimore after suffering head and leg injuries.

The accident is still under investigation. An accident re-constructionist can be called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could help investigators to determine if the driver of Jetta failed to yield to the right of way.

If you, a family member, or someone you know has been involved in a motorcycle accident and would like a free legal consultation, or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland and Virginia accident attorneys are available to speak with you.

Hit and Run Accident Results in 10-year Sentence

In February of 2009, Thomas Rouleau was killed as a result of an automobile accident that occurred at McDaniel College in Carroll County Maryland. The 19-year-old student and four of his friends where struck by a pick up truck near the college campus. The passengers in the vehicle with Mr. Rouleau sustained bodily injuries. Charges were pressed against the driver of the pick up and a Carroll County Circuit Court judge ruled in March 2010 that he was guilty of negligent manslaughter.

Whenever any collision occurs with an automobile, it is a crime to flee the scene of an accident. Criminal charges can be filed against you as they were in this case and there are severe penalties associated with charges of this nature. The guilty finding will most likely be admissible in any civil lawsuit that stems from the automobile accident.

In the event that the "at fault" party is located, if they are proven to the cause of the accident, then claims for property damage, bodily injuries, lost wages and pain and suffering can be brought against them. However, in most hit and run collisions, the "at fault" party often does not have auto insurance. In this situation a claim can still be pursued against your uninsured motorist coverage. In these cases, your automobile insurance rates will not rise.

Our Maryland automobile accident attorneys have experience with dealing with uninsured motorist claims. If you would like a free legal consultation or if you would like more information on car accidents, please contact Portner & Shure.

Alcohol Suspected in Serious Automobile Head on Collision

At approximately 2:45 a.m. on March 18, 2010, a driver of a Ford F-150 is suspected of being intoxicated, he sped on Route 100 in Anne Arundel County, Maryland while traveling in the wrong direction. The driver struck a Toyota Camry head on. The driver of the pick up truck and his passenger were transported to Maryland Shock Trauma where they were reported as being in serious condition. The occupant of the Toyota Camry was rushed via medevac helicopter to the same hospital. The operator of the Camry has to be cut out of his vehicle by firefighters.

The accident remains under investigation and charges are still pending. The police however did issue a statement saying that "driver error, excessive speed and alcohol were contributing factors" in this accident. As a result of the collision Route 100 near Arundel Mills Mall just south of BWI Marshal Airport was temporarily closed.

Charges such as driving under the influence, reckless driving, or speeding 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.

The driver of the Camry could file a claim against the "at fault" party in this accident for property damage in addition to the bodily injuries he sustained as a result of this collision. Unfortunately in Maryland he may not be entitled to punitive damages by is entitled to recover for his pain and suffering as a result of his injuries.

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

Rollover Crash Injures 4 People: Is the Driver Responsible for the Car Accident?

In late March, a vehicle traveling on Interstate 70 in Frederick County, Maryland lost control and rolled over several times. In the vehicle were four people. All the individuals in the vehicle were transported to a local hospital for observations. Although the cause of the accident is unclear, the Maryland State Police noted that there was a steady rain falling at the time of the accident which could have attributed to the cause of the accident.

All automobile drivers need to be cautious when driving in adverse weather conditions to avoid automobile accidents. Failure to do so could be deadly or lead to serious bodily injuries. Remember that in heavy rain, a driver still maintains an obligation to drive his car at a reasonable and prudent speed with is consistent with the current weather conditions. In other words, if a driver is traveling at the posted speed limit, he or she can still be found negligent of exceeding a safe speed if the weather conditions are hazardous.

If you have been involved in an automobile accident and are not sure of your legal rights, you may contact Portner & Shure for a free legal consultation.

$5 Million Lawsuit Filed in Fatal Bicycle Accident

Mr. John Yates, a 67-year-old bicyclist, was riding his bicycle on Maryland Avenue in Baltimore, Maryland on August 4, 2009 when he was struck in the rear by a truck owned by Potts & Callahan. The collision caused the bike to get stuck under the wheels of the truck when the truck made a right hand turn onto Lafayette Avenue. Yates were pronounced dead at the scene. The driver of the truck failed to stop after the accident. The truck was found two days later in the Potts & Callahan service yard with a blood and hair still on the front tires. DNA testing confirmed that the truck was involved in this collision.

On March 3, 2010, the family of Yates filed a multi-million dollar lawsuit against Potts & Callahan for wrongful death. The lawsuit accuses the driver of the truck and Potts & Callahan of negligence. The dispute in this matter is whether or not Yates was in full compliance with Maryland law.

According to the law in Maryland, the operator of a bicycle must stay as close to the right side of the roadway as practicable except when turning left. There are exceptions to this rule, a bicyclist must use a bike lane or smooth shoulder whenever one is available and may not ride on a controlled road with a speed in excess of 50 miles per hour. It is important to note that the violation of any of these rules does not constitute negligence as a matter of law unless the violation is the proximate cause of the injury. If the bike rider was found to have contributed to accident, his estate is completely barred from any recovery.

If you, a family member, or someone you know was injured in a bicycle accident or if you would like more information on car accidents or personal injury claims, please contact Portner & Shure for a free consultation.

Single Vehicle Accident Claims Life of Pasadena Man

On March 14, 2010, a 46-year-old Pasadena, Maryland man was killed as the result of a single vehicle accident. He lost control of his vehicle and slammed into a tree. The Anne Arundel County Police believe that the man may have been drag racing at the time of the collision. The accident occurred on Route 100 in Anne Arundel County. The man was trapped inside the vehicle and was pronounced dead at the scene.

The Maryland Motor Vehicle Code prohibits any person from driving a vehicle in a race on any highway or street that is used by the general public. A person who participates in a street or drag race can also be charged with negligent driving even if no one was injured. Numerous accidents are occurring across Maryland as a result of drag racing. In fact, recent accidents from drag racing have been reported in Anne Arundel, Baltimore, and Prince George's County. These accidents often result in the death of the driver and/or spectator. This new trend needs to stop.

If you, a family member, or someone you know has been involved in a motor vehicle accident as the result of a drag race or if you would like more information on car accidents, contact Portner & Shure for a free consultation.

Ice Patch May Have Caused Death of Prince George's County Police Officer

On February 27, 2010, a Prince George's County Police Officer was involved in a serious car accident when his vehicle struck a patch of ice and slid into a utility pole. Officer Thomas Jensen was transported to a nearby hospital where he was treated for his injuries. However, on March 9th, he died of those injuries.

All drivers have an obligation to drive at a reasonable and prudent speed with is consistent with the current weather conditions. In other words, if a driver is traveling at the posted speed limit, he or she can still be found negligent of exceeding a safe speed if the weather conditions are hazardous. What happened in this situation was a tragedy and is a reminder to all of use to be mindful of the weather conditions as we travel. It is also yet another example of terrible injuries occurring at an impact speed that was not over fifty miles per hour.

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

Tractor Trailer Accident Due to Inclement Weather: Enough Already!

Recently the focus in Maryland has been directed to the cold weather conditions and the amounts of snow that the region has experienced this winter. However, in the past few weeks the area has been also experiencing severe winds. Naturally weather plays a very important role in our driving conditions.

Last week, a tractor trailer was blown over as the result of such heavy winds causing US Route 15 in Frederick County, Maryland to be shut down for a two-hour period. No major injuries were reported as a result of the overturned trailer.

As with snow and heavy rain, a driver still maintains an obligation to drive at a reasonable and prudent speed with is consistent with the current weather conditions. In other words, if a driver is traveling at the posted speed limit, he or she can still be found negligent of exceeding a safe speed if the weather conditions are hazardous.

This issues was all over the news during the recent snow storms. Jack knifed tractor trailers crashed on Interstate 95 and left traffic snarled for hours. The question we are left with, is when the weather is clearly too dangerous for most cars to drive in, should tractor trailers be allowed on the road? In other words, shoulder there be a certain snow accumulation, or wind speed, used to determine that trucks should then be prohibited from operating. Tax payers and folks stuck for hours behind jack-knifed trailers may benefit more than the truckers who are in a rush to get a delivery done.

If you, a family member, or someone you know has been involved in motor vehicle accident due to inclement weather or if you would like more information on truck accidents, please contact Portner & Shure for a free consultation.

92 Year-Old Woman Involved in Fatal Crash on Route 29

On March 3, 2010, 92-year-old Madeline Downing was a rear passenger in a Buick Park Avenue that was being operated by her friend, Francis Callahan. In the vehicle with Downing and Callahan were two friends. They were traveling on Route 29 in Howard County, Maryland when Ms. Callahan failed to stop for a red light and collided with a Honda Civic. As a result of the collision, Downing was transported to Maryland Shock Trauma where she passed away. Callahan was taken to Howard County General where he was treated and released. The two other passengers in the vehicle were also transported to Howard County General and one additional passenger is listed as being in critical condition.

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 they often cause a collision that is ultimately their fault. It is imperative to know and understand the rules of the road.

In the event that you are a passenger in a vehicle that is at fault for a collision, it is important to understand what rights may exist. Passengers in vehicles that are involved in car accidents may be entitled to personal injury protection benefits. In the unfortunate case that a death should occur as the result of a collision, additional death benefits may apply. In this case, the driver could also face criminal charges for negligence, reckless driving, or even wrongful death. At this time the police are still investigating the accident.

If you, a family member, or someone you know was involved in a motor vehicle accident wherein a person did not yeild to the right of way or if you would like more information of car 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.

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.