Baltimore, Maryland Car Accident Attorney | The Baltimore City Police Department's No-Pursuit Policy

12-year-old Shanizya Taft was killed in a car crash on Tuesday night in east Baltimore on East Preston Street near Aisquith Street. The driver, a murder suspect in the shooting and killing of a 15-year-old boy on Memorial Day on S. Mount Street, ran a red light and slammed into a white minivan carrying Shanizya Taft, her 4-year-old sister, and mother. Shanizya's mother and 4-year-old sister were taken to a local hospital for treatment. The mother was still in the hospital late Wednesday, while the 4-year-old had been released.

Plain clothes officers pursued the driver after spotting him nearby, but police contend there was no chase. "Our officers were initially behind this vehicle. They did initially try to stop it," said Lt. Eric Kowalczyk, Baltimore City Police. "After a short period of time, they lost sight of the vehicle. And then it was one of our patrol officers who came across the accident a short time after that."

The Baltimore Police Department's policy prohibits officers from chasing suspects in vehicles except under "exigent circumstances," such as when officers believe that failing to pursue could lead to injury or death. Before police can engage in a high-speed pursuit, agency policy says, officials must consider whether the hazards to pedestrians and other drivers are outweighed by the importance of catching the suspect. Officers are supposed to communicate with supervisors before they begin a pursuit, remain in contact, and use their lights and siren.

One reason for this is to prevent police officers from becoming involved in a traffic crash--whether with the suspect or innocent bystanders. Geoffrey Alpert, a University of South Carolina professor of criminology, was quoted in USA Today saying that approximately 35% - 40% of police chases end in traffic crashes. Alpert also stated that while the National Highway Traffic Safety Administration says that police pursuits result in about 360 deaths a year, that number is likely 3 to 4 times higher.

In 2011, the mother of a man who died in a Baltimore motorcycle accident that occurred during a high-speed police chase filed a $40 million wrongful death lawsuit against the city of Baltimore and the police officer involved.

In September of 2013, Baltimore police conducted a criminal investigation into whether officers followed orders to end their pursuit of a sedan before it was involved in a fatal crash that killed three people.

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.

Motorcyclist Killed in Parking Lot Crash in Howard County

This past Tuesday a motorcyclist was killed when he struck the back of a pickup truck in Jessup in Howard County. Police believe that a mechanical malfunction might have caused the motorcyclist to lose control. The motorcyclist hit a curb and then the truck in the parking lot of Frank's Seafood in Jessup, Maryland. The motorcycle involved was a KTM SMR 525 Enduro. The motorcyclist was pronounced dead at the scene. The driver of the pickup truck was not injured. The motorcyclist was, unfortunately, not wearing his helmet. If the accident did occur as a result of a mechanical defect then the motorcyclist's estate can recover damages under a strict liability theory and the motorcyclist's family would have an extremely strong wrongful death claim. However, a strong argument could be made against a wrongful death claim because not wearing a helmet is intervening negligence. Damages recovered in either suit would be limited because the motorcyclist had a duty to mitigate damages by wearing a helmet as required by Maryland law. Also, under a theory of strict liability the negligent party is only responsible for foreseeable damages. A motorcyclist's failure to wear a helmet is not foreseeable. With all this being said motorcyclists are extremely vulnerable to injury or even death as a result of an accident. If you or someone you know was injured in a motorcycle accident contact Portner & Shure's Maryland motorcycle accident lawyers.

Drug Suspects Cause Car Accident That Results In Fatality

A few weeks ago, two undercover Baltimore City Police officers witnessed a drug transaction between two suspects on Gwynn Oak Avenue in Northwest Baltimore, Maryland. The suspects attempted to evade the police as they sped away from the scene. They struck a civilian vehicle that was being operated by an elderly couple. One of the victims was pronounced dead at the scene while the other was transported to Shock Trauma in serious condition.

After searching the vehicle, the suspects were discovered to be in possession of 38 grams of uncut heroin. They are facing serious drug charges fleeing and alluding charges. They need separate defense counsel, since the driver of the vehicle may face more serious charges and the possibility of vehicular manslaughter.

Although the family of the deceased could pursue a wrongful death claim against the drivers automobile insurance carrier it is highly likely that any claim for property damage or personal injuries would be denied since the vehicle was in the commission of a crime when the accident occurred. In other words, because the suspects were evading the police, the insurance carrier may no longer be responsible for any damages caused as a result thereof. However, an Uninsured Motorist Claim may be pursued to help the injured party with medical expenses or even helped the family of the deceased with burial costs. Further, the police department could have some responsibility for the accident if the investigation revealed they did not follow proper protocol.

If you, a family, member or someone you know has been involved in an automobile accident and sustained bodily injuries or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers are available to provide you with a free legal 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.

$145 Million Wrongful Death Suit filed in Harford County, Maryland

The family of Dwight Jerome Madison, a 48 year old Navy veteran, filed a civil suit against Harford County and the Harford County Sheriff's office after Mr. Madison died as a result of being Tasered.  

The suit filed in the U.S. District Court in Baltimore alleges that Mr. Madison was assaulted by three correction officers and a civilian jail employee.  During the assault, Mr. Madison struck his head and became seriously injured nevertheless, the correction officers continued to "fire thousands of volts of electricity into Mr. Madison, causing his death."

Mr. Madison was initially taken to Upper Chesapeake Hospital in Harford County but later transferred to the Maryland Shock Trauma Center where he died on June 13th.  

The suit claims that the actions of the correction officers violated Mr. Madison's civil rights, directly causing his death.  

Recent studies indicate Tasers could potentially cause ventricular fibrillation.  During ventricular fibrillation, the heart goes into overdrive.  Instead of pumping blood in the normal sequence, the heart writhes uncontrollably, potentially causing sudden death.  Further, studies have shown that Tasers interrupt brain signals.  Tasing could cause the nerve cells in the brain to fire signals in a fast, rhythmic pattern, triggering a seizure, which could possibly lead to secondary injuries and potentially lethal outcomes such as suffocation.

If you, a family member, or someone you know has sustained injuries or wrongful death as the result the negligence of another person or persons, or you would like more information on wrongful death claims, 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.

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.

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.