Pedestrian Killed Crossing Route 40 in Harford County

The Aberdeen Police crash team is investigating an accident that occurred Friday, April 2, 2010.  Michael R. Patton, 49, of Aberdeen was struck and killed by a man from Edgewood operating a 2002 International truck in the eastbound lanes of Pulaski Highway near Carol Avenue, in Harford County.  The identity of the man operating the truck has not yet been released and a spokesperson for the police department indicated they are not sure if charges will be filed.

The accident occurred in a fairly dark location of the roadway.  The crash team when investigating these types of accident has to look at environmental issues, lighting and those types of things that could make it safer for pedestrians.   Pedestrians should also use crosswalks, whenever possible and look both ways before crossing a highway.  

Regardless, of whether it was pedestrian error or the driver's fault that the accident occurred, the pedestrian is entitled to benefits from that driver's policy.  Specifically, his family would be entitled to Personal Injury Protection benefits to cover funeral expenses up to the limit of coverage available under that driver's policy.  In the event the pedestrian also owned a motor vehicle and carried Personal Injury Protection benefits in excess of the driver who struck him, than his family could also look to his policy to cover additional expenses. The family of the deceased may also bring a wrongful death claim.  

If you, a family member, or someone you know has been injured in a pedestrian accident or any other type of automobile accident or you need more information on automobile accidents and Personal Injury Protection benefits, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation.

Repeat Impaired Driver Crashes with Retired Montgomery County District Court Judge Who Spared Him in 1998. Who Will Spare Him Now?

Eleven years after the Honorable Edwin Collier spared a repeat offender for driving under the influence for two DUI(s) within three months, he veered into the Judge's lane of travel and struck his vehicle head on.  Judge Collier and his wife, Ellen, were driving in Gaithersburg when the head on collision occurred.  Judge Collier suffered a broken leg and fractured ribs, and his wife, Ellen, suffered a compound leg fracture, fractured hip, fractured ribs and a neck injury.  It was determined that the repeat offender, Rene E. Fernandez who was tested after the accident, had more than two times the legal limit of alcohol in his system.



According to Montgomery County Circuit Court records, Mr. Fernandez was to plead guilty to one count of causing a life threatening injury, while intoxicated.  The remaining charges would be dropped according to a plea agreement.  The sentencing guidelines call for up to two years in prison. Mr. Fernandez is presently awaiting disposition from the Circuit Court for Montgomery County.

Judge Collier and his wife, Ellen were forced to move from their Bethesda home to a retirement community due to diminished mobility caused by Mr. Fernandez.

If you, a family member or someone you know has been involved in an automobile accident involving a drunk driver or you need more information on automobile accidents or drunk driving laws, please contact one of our experienced personal injury lawyers or DUI lawyers at Portner & Shure for a free consultation.  

Pedestrian dies in Montgomery County Automobile Accident

On April 2, 2010, at approximately 5:54 p.m., Shu Bing Huang had just exited a bus at Veirs Mill Road and Randolph Road when she was struck by a motorist who jumped the curb striking her and then proceeded on to strike another vehicle.  Ms. Huang was pronounced dead at the scene.  The driver of the vehicle, 79 year old Thomas McCargo Rankin is alleging he does not know what caused him to lose control of his vehicle.  The Huang family has retained the law firm of Portner & Shure.  

An accident reconstruction is currently being conducted which can take anywhere between 6 to 8 weeks to complete.  The reconstruction unit will determine the approximate impact speed and the possible causes of this tragic automobile accident.  

In some states once a person reaches a certain age they are required to take their driver's test again to ensure they are still capable of operating a motor vehicle in a safe manner so as not to endanger the life of another individual.  This should be a law in all states to ensure the safety of other pedestrians and motorists on the highways.  Some other states have even gone further and once an individual reaches 80 years of age they are no longer permitted to drive.  

If you, a family member or someone you know has been involved in an automobile accident or you would like more information on automobile accidents, pedestrian accidents or medical emergency defenses, please contact Portner & Shure for a free consultation.  

Montgomery Car Accident Kills Man and Injures 2 Others

Police are investigating a car accident that occurred, Sunday, March 14, 2010, near the intersection of Route 28 and White's Ferry Road in Boyds.  Michael Stoos of Sandy Spring, died when his vehicle crossed the double yellow line into oncoming traffic and crashed into a white box truck traveling in the opposite direction. The truck driver and the passenger in his vehicle were hospitalized with non-life threatening injuries. The Montgomery County police are looking for any witnesses to this accident to come forward.  

While the cause of this accident is still being investigated, there could be any number of reasons for the driver to cross over the double yellow line.  If it determined that a medical emergency was the cause of this accident, the truck driver and passenger could be precluded from making a claim against the deceased's policy of insurance.  It is important to consult with an attorney in this type of situation as there is a "sudden emergency defense".  An attorney can help you investigate and determine if there was a true medical emergency and whether the driver could still be held accountable for his actions, in the unlikelihood he had a seizure and was not taking his medication.  This defense falls apart if the driver was on notice that a problem could occur while driving. 

If you, a family member or someone you know has been involved in an accident involving an emergency situation or you need more information on this type of motor vehicle accident, please contact Portner & Shure for a free consultation.

Montgomery County Man Killed in Car Crash

The Montgomery County police are investigating the cause of a fatal crash that occurred on Saturday, March 9, 2010, at the intersection of Washington Grove Lane and Mid-County Highway that took the life of Lenard Ostilio Pineda-Guardado.

The driver of the 1996 Ford Ranger that Mr. Pineda-Guardado was a passenger in, stated to the police that he had the green light when a 1998 Dodge Durango plowed into the passenger side of his vehicle causing his vehicle to flip and crash into another vehicle.

It is believed the 17 year old teenager operating the 1998 Dodge Durango with a provisional license, was speeding.  He had four other passengers in the vehicle with him, one of which, besides himself, had to be taken to Shady Grove Hospital in Rockville for their injuries.  A spokeswoman for the Maryland Vehicle Administration, commented to press that only direct family members can ride in a vehicle with a person with a provisional driver's license within the first five months of having it.  

Consequences are invoked on the provisional driver that is found guilty of a moving violation.  The first time they are required to complete a driver training course.  The second violation carries a 30 day suspension and the third violation could lead to a 180 day suspension and the license could be revoked.  Hearings are mandatory when an accident involves a fatality.  

If you, a family member, or someone you know has been involved in a car accident or you need additional information regarding car accidents or wrongful death claims, please cntact Portner & Shure for a free consultation.

Hazardous Road Conditions in Harford County Contribute to Accident.

The first of the major snow storms to hit Maryland had just started to fall on Friday, February 5, 2010, when a 2002 Chevrolet Ventura being operated by Carrie Ann Brown drifted to the right and struck a 1987 Mack dump truck. The dump truck, which was under contract with the Maryland State Highway Administration and being operated by Robert Singleton, Jr. of Forest Hill, was parked on the shoulder of the road on standby for the pending snow storm. The accident occurred on Paradise Road in Aberdeen near the I-95 overpass.

The driver of the Chevrolet and her 15 year old daughter were both taken to Bayview Hospital in Baltimore City in serious condition. Brown's two other children were also transported to nearby medical facilities for less serious injuries. Hazardous road conditions were believed to be the cause of the accident.

As the record snow fall for Maryland continues to grow, so does hazardous and icy road conditions that are the cause of the growing number of accidents over the last couple of weeks. In situations when an accident is due to poor road and/or weather conditions it can be hard to prove negligence, unless the person who caused the accident was not driving in accordance with the proper precaution for the poor weather conditions. What constitutes proper precaution is normally common sense. It is important to seek the advice of an attorney to assist you with accidents that occur in hazardous weather conditions, since different rules do apply.

If you, a family member or someone you know has been injured in an automobile accident that was the result of icy or snow covered roads or any other weather or poor road conditions you can contact Portner & Shure for a free consultation.

1 dead, 2 injured in Montgomery County Car Accident

Police are still investigating a crash that occurred Thursday, February 11, 2010, leaving one person dead and sending two others to local hospitals. The accident happened around 8:00 p.m. at West Montgomery Avenue and Hurley Avenue in Rockville. The two car collision resulted in three individuals being trapped and another being pronounced dead at the scene. The roads surrounding the crash were closed for several hours for police to determine the cause of the accident.

In accidents of this magnitude the Police Department will impound both vehicles in order to do an accident reconstruction. When two cars are at an intersection, both vehicles need to be examined for damage and contact match points established. The analysis will reveal precisely how the vehicles made contact and help establish the angle that existed between the two cars at the time of the collision. This angle and the separation angles can be used to determine the speed of each car at impact. Often in accidents such as this, an attorney can assist you with the investigation and employ traffic crash investigation experts trained in accident reconstruction to determine fault.

If you, your family member or someone you know has been involved in a car accident or you need more information on car accidents and accident reconstruction, please contact Portner & Shure for a free consultation.,