Aggressive Drivers in Bel Air Will Be Focus of Maryland State Police this Week

            Maryland State Police will be on increased patrol looking for aggressive drivers during the July 9 through July 18 period.  In what is being called the “Smooth Operator” campaign, Maryland police will be on the lookout for aggressive drivers.  In Maryland, there are seven different driver behaviors that fall under aggressive driving, and in order to be cited for it, at least three of the behaviors must be observed by a police officer.  The seven behaviors include:

• ·         Speeding
• ·         Failing to obey traffic control devices
• ·         Overtaking and passing another vehicle
• ·         Following too closely
• ·         Passing on the right
• ·         Driving in the emergency lane
• ·         Failing to yield the right of way

A majority of accidents are caused by aggressive driving, especially speeding and tailgating.  Drivers must avoid these aggressive driving tactics or risk getting pulled over by a police officer or being involved in a serious accident.

            

            The Smooth Operator campaign is meant to encourage drivers to keep Maryland’s roads safe by avoiding distractions while you are driving, coming to a complete stop at stop signs and red lights, obeying posted speed limits, not following other cars too closely, and leaving with plenty of time to reach your destination.  Drivers in Bel Air should be extra cautious when driving this week because police will be on patrol looking for aggressive drivers.

            

            If you or a family member has been injured or killed in an accident that is caused by the fault or negligence of another person and would like to consult an experienced Maryland personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Bel Air or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Construction Worker Killed in Work Zone on I-95 in Prince George’s County, MD

            Early this morning, a construction worker was killed on I-95 North near the Intercounty Connector (ICC Route 200) after a tractor trailer plowed into two construction work trucks.  The work trucks hit the worker, Randy Jury, severely injuring him.  After being transported to the hospital, Jury was pronounced dead.  The tractor trailer driver suffered injuries in the crash as well, but the extent of his injuries is not known.  The exact cause of the crash is still under investigation.

            

           Deadly accidents in construction zones are a very serious problem, especially along I-95 in Maryland where several major construction projects are ongoing.  Although construction workers on the side of highways appear safe standing behind concrete barriers, sometimes it is only cones that stand between the worker and speeding vehicles.  Numerous road work signs alert drivers to be cautious and slow down when driving through construction zones.  Oftentimes, speed cameras are set up in works zones to catch drivers disobeying the speed limit, however, some drivers disregard the warnings and continue to drive fast and recklessly through these work zones.  Construction workers on the side of the highways should be able to feel safe while they do their job, and should never have to worry about watching out for cars crashing into them.  But unfortunately these types of tragic accidents happen every day. 

            

          Construction zones and work zones on highways usually bring new traffic patterns, including numerous lane shifts and closures.  Drivers must be even more cautious and aware of where they are going in order to avoid accidents involving other vehicles or construction workers.  For example, the construction project on I-95 in Baltimore will require weekly changes to traffic patterns, which will likely lead to confusion on the part of drivers as to how to exit the highway.  Stay alert, drive slow, and be safe when driving through work zones on the highway.

If you or a family member have been injured or killed in a work zone accident and would like to consult an experienced Maryland personal injury attorney for free, contact our office at (301) 854-9000 to schedule an appointment at one of our office locations in Baltimore or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Seatbelt Safety: Fatal 3-Car Accident in Columbia, Maryland

         Wednesday afternoon, a three-car accident occurred on Cedar Lane, just north of Harriett Tubman Lane.  Howard County police said a Jeep Liberty crossed into oncoming traffic on Cedar Lane and hit a Toyota Tacoma.  Then in a chain reaction, the Toyota was hit by a Mazda 3 sedan.  The driver of the Jeep tragically lost his life in the accident as he was ejected from the car as a result of not wearing his seatbelt.  The driver of the Jeep, Ethan Kirshenbaum, was a third-year law student at the University of Baltimore and about to graduate next month.

            The drivers and passengers in the two other cars involved in the crash were either treated at the scene or at the hospital, and all are in stable condition.  All of the people in the two other cars were wearing their seatbelt.

            Just this week, two people have died in car accidents in Maryland and Virginia because they were not wearing a seatbelt.  One of the easiest safety mechanisms to use in a car, the seatbelt could have saved two lives.  Use of a seatbelt in a car is also required by law in all fifty states.  Nationally, just under 90% of people wear a seatbelt in the car.  According to the National Highway Traffic Safety Administration, wearing a seatbelt can reduce the risk of serious injury and death in a car accident by half.  In 2012, about 55% of teens aged 13-20 that died in car crashes were not wearing a seatbelt.  In addition, those aged between 18 and 34 are less likely to wear a seatbelt than those over 35.  The best thing to do in order to increase seat belt use is for police to get stricter with enforcing seat belt laws.

If you or a family member has been injured or killed in an accident caused by the negligence or fault of another driver in Maryland and would like to consult an experienced personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Columbia or throughout Maryland or visit us online at http://www.portnerandshure.com/Auto-Accidents/  

 

Maryland & Virginia Traffic Cutters Cause Accidents

          We have all done it before, we see other drivers do it all the time as well, and it frustrates everyone who is stuck sitting in traffic.  Some refer to the move as “dive-bombing” because a driver will get in an exit only lane or on the shoulder and then cut back over to get ahead of the traffic.  Cars will “dive” in and out of traffic in an aggressive, and often illegal, manner.  If a driver takes the exit only lane all the way to the end and cuts back over across double white lines, it is illegal and the driver can be ticketed.  The biggest issue with this maneuver is the safety implication.  When cars are “pulling out of heavy traffic, speeding up, and then cutting back into the lane,” the risk of an accident increases substantially.  Stop and go traffic is already dangerous enough with sudden stops and starts, but when drivers are suddenly cutting over from exit lanes or shoulders, an accident is almost guaranteed to occur.  This dangerous maneuver also creates a problem for those drivers who are actually trying to exit, but the car in front of them is blocking the lane because they tried to sneak ahead of the traffic and cannot back over.

            Commuters in Maryland and Virginia have voiced their disapproval and anger over these moves, saying it is “unsafe and unfair.”  However, there are some who are defending the maneuver as a “good move because drivers are spreading out and using all available asphalt.  Traffic engineers argue that it is effective for drivers to use all parts of the roadway in terms of alleviating traffic.  As a result, highway officials are allowing drivers onto the shoulders during peak travel times to “expand” the highway without physically making any changes to the road.  For example, Maryland started opening up the shoulders on route 29 to bus traffic at peak travel periods, and Virginia did the same move on I-66 inside the Capital Beltway.  Green arrows will illuminate over the shoulders when it is legal to drive on them.  The use of shoulders on the inner loop of I-66 will be coming later this spring.  In addition, areas of I-95 in Maryland and I-66 in Virginia are increasing the length of merge lanes to help with traffic, but as a result, these lanes will have a more drastic cut off for drivers to get over.

            While there will always be drivers throughout Maryland and Virginia that use this maneuver to get ahead in heavy traffic, other drivers should be reminded to be extra cautious when driving in traffic.  Not only do drivers need to watch for sudden stops by cars ahead of them, they also need to be on the lookout for cars to their left and right who might look like they are exiting, but will suddenly cut in front of them.

If you or a family member has been injured or killed in an accident caused by a traffic cutter in Maryland and would like to consult an experienced personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

 

 

Deadly Accident on I-695 in Baltimore County

           An Arnold woman was driving with one other passenger on the outerloop of I-695 last night when her Hyundai Elantra left the roadway on the right shoulder near the Baltimore National Pike exit just past I-70.  The driver crashed in to a parked State Highway CHART vehicle that was on the side of the highway helping a driver who had run out of gas.  Sadly, the passenger in the Hyundai died as a result of the crash and the driver was seriously injured.  Luckily, no other cars or people were injured in the accident.  Police officers closed the outerloop for several hours last night while they investigated the cause of the accident.  Weather was not a factor in the crash, but police continue to investigate why the Hyundai ran off the road.

            This accident is just another reminder of the dangers that can occur on the side of the road on highways.  Drivers can easily lose control of their vehicles and run off the road.  When that happens, anyone who is pulled over on the side of the road is in danger of being hit.  If you remain in your vehicle, you are protected much better than if you are standing outside of your vehicle.  Cars on a highway like I-695 are driving at speeds up to 80mph, and if any one of those drivers loses control of their vehicle, a person on the side of the road could easily be killed.  Many people think they are safe and out of harm’s way because they are on the side of the road, but these people would be wrong.  In fact, people on the side of the road are in more danger than drivers still on the highway, especially if they are outside their vehicle changing a tire or performing some other car maintenance.  Remember, if you are on the side of the road, use your hazard lights, pull as far away from the road as possible, and if you must be outside of your vehicle, wear bright-colored clothing that drivers can see.

If you or a family member has been injured or killed in a pedestrian accident on the side of the road and would like to consult an experienced personal injury attorney for free, contact us at (301) 854-9000 to schedule an appointment at one of our office locations in Towson or throughout Maryland or visit us online at http://www.portnerandshure.com/Personal-Injury/

Maryland’s Civil Suit Damages Cap Increase Will Take Effect October 1, 2015

           Late last night, the legislative session for Maryland in 2015 ended.  One of the more newsworthy bills to pass in both the Senate and House is the Local Government Tort Claims Act, which increases the civil damages cap from $200,000 to $300,000 for harmed individuals and an increase in the total amount of damages in a single lawsuit from $500,000 to $600,000.  Assuming Governor Hogan signs off on approval of the bill, this new law will take effect October 1, 2015.

            This is certainly a step in the right direction for injured victims, but still is not enough to fully compensate those suffering severe, debilitating injuries where medical costs can easily exceed one million dollars over the span of one’s life.  With a cap at $600,000, injured victims will likely not be able to afford necessary medical care for the entirety of their lives.  Prior to the official passage of the bill yesterday, Maryland Senator Bobby Zirkin made comments last week expressing his disappointment in the very small increase in the damages cap.  Senator Zirkin said, “The $300,000 limit…would not even cover the medical expenses of many individuals harmed through the negligence of a government agent such as a police officer.”

            As a Maryland personal injury law firm that has represented numerous clients in cases involving civil damages over the last twenty-five years, we are happy to see legislators recognize the need to increase the cap, but also agree with Senator Zirkin in that the increase is not enough.  Oftentimes, our injured clients have suffered catastrophic injuries and require expensive medical care and treatment for the rest of their lives.  A maximum of $600,000 in a single lawsuit will not cover these expenses.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment at one of our office locations in Columbia or throughout Maryland to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

 

Maryland Senate Considers Bill that Doubles Civil Suit Damages Cap

          Maryland’s civil suit damages cap has been a hot topic recently after Maryland’s Court of Appeals ruled that the lower court in Espina v. Jackson correctly reduced the jury’s award of $11.5 million to $400,000 ($200,000 for wrongful death and $200,000 for injuries suffered).  A new bill that would double the cap that local governments would pay to plaintiffs in civil suits ($200,000 increased to $500,000 for individual claims and $500,000 increased to $1 million for total awards from a single case).  House Bill 113, the House version of the bill, passed last month.  This week, the Senate Judicial Proceedings Committee backed the bill and it could go to a vote before this year’s session is over.

            Proponents of the bill make the same argument that Espina’s attorneys made in the Court of Appeals: “the current law is outdated and those who have been wronged by the government should receive a proper remedy.”  Those opposing the bill argue that by increasing the cap, local government budgets could be “strained” by “frivolous lawsuits.”  It is interesting to note that the current cap has been in place for 27 years without a single increase.

            Espina and her attorney testified in favor of House Bill 113 in a recent Senate Committee hearing.  When the cap was initially created in the 1980s, the purpose was to make sure cities were not being bankrupted in “suits involving civil rights.”  Today, society has changed since the 1980s, and victims of police brutality and other incidents involving state employees deserve adequate compensation and offenders need to be held more accountable for their actions.

            With the Court of Appeals’ holding coming out just weeks ago upholding Maryland’s cap on damages in civil suits, it appears more difficult for this bill or any similar bill to pass in this year’s session.  But, it will still be interesting to see what, if anything, happens with House Bill 113 or the Senate version of the bill.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment at one of our office locations throughout Maryland to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

UPDATE: Maryland Court of Appeals Upholds Cap on Damages in PG County Police Brutality Case

           Back in January, the Espina family challenged Maryland’s cap on damages when suing a local government employee.  Manuel Espina was fatally shot by a Prince George’s County police officer in 2008, and as a result, a jury found that the officer acted with malice and awarded the family $11.5 million in damages.  However, with the cap in place, that award was only limited to $400,000.  This case had been closely watched as the Court of Appeals heard arguments and made its decision.  Although Maryland’s Court of Appeals had upheld the cap on damages several times before, some thought this might be the case that would change the Court’s pattern of upholding the damages cap.  Unfortunately for the Espina family, the Court of Appeals upheld the cap on damages in a 7-0 decision.

            The County argued that doing away with the cap would subject the County to use taxpayer money in making payouts.  That would take away substantial amounts of money from projects that would improve the County’s infrastructure.  On the other hand, the Espina family’s attorneys argued that keeping the cap on damages would never deter local governments from combatting police brutality and it would not stop officers from repeated misconduct either.

            With the Court’s ruling yesterday, Maryland victims suing a local county or city government will still be subjected to a cap on the amount of damages they can recover.

            If you or a loved one has been injured or killed as a result of the negligence of a local government employee and would like to schedule an appointment to meet with one of our attorneys for a free case evaluation, please call us at (301) 854-9000 or visit us online at: http://www.portnerandshure.com/Personal-Injury/

 

Fewest Traffic Deaths in Maryland in 66 Years

             Last year, 442 people died in accidents on Maryland roadways.  That number is a huge improvement from the record number of 872 deaths reported in 1968.  The number of deaths in 2014 is lower by 24 deaths compared to 2013.

            The significant increase in driver distractions (i.e. talking on cell phones and texting), while still causing accidents, are not at the extreme levels seen in previous years.  Maryland Transportation Authority officials also announced that traffic fatalities linked to drunk driving decreased by 19 between 2013 and 2014 to a total of 133 deaths.  However, one statistic is still startling: someone is killed every 66 hours in Maryland because of impaired driving.

            The state of Maryland still continues to work toward achieving its goal of zero traffic deaths, and although 442 deaths is still a long way from zero, tremendous progress continues to be made.  Maryland Transportation Secretary Pete Rahn is pleased with the improvement being made, “especially when you consider the millions more cars we have on the road today.”  Rahn credits emergency responders and stricter laws against drunk driving and aggressive driving for the decline in deaths.  Transportation officials will continue to focus on the “four E’s” of highway safety: engineering, enforcement, education, and emergency response. 

One area of improvement is seat belt usage.  While laws have been in place requiring seat belts to be worn in cars for several years, 8 percent of Maryland drivers do not abide by the law.  In 2014, 37.5 percent of the deaths involved drivers or passengers not wearing seatbelts.

Some other interesting statistics from the 2014 data show that a majority of the traffic deaths occurred in Prince George’s County and Baltimore County, while the fewest occurred in Howard and Carroll Counties.  Also included in the total fatalities number is 100 pedestrian deaths and 66 motorcycle accident deaths (the only major statistic to increase from 2013).

If you or someone you love has been injured in a car, truck, or bus accident or has died as a result of their injury suffered in a Maryland crash, and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Car-Accidents/Fatal-Car-Accidents.shtml