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 County Police Officer dies in Single Vehicle Accident: Maryland Workers Compensation Applies

On April 4, 2010 at 2:20 a.m., Officer Hector Ayala was traveling west on Randolph Road in response to a call from another Officer needing assistance at the scene of a fight.  Officer Ayala was killed in route when his vehicle ran off the road and struck a tree.  If this accident were not tragic enough, Officer Ayala leaves behind a wife who is pregnant with triplets and a 14 month old son.  

Working the midnight shift, Officer Ayala, who was fluent in Spanish, was invaluable to the Wheaton district.  Many residents only speak Spanish, and therefore, he was often called on by other officers to help interpret.  

Little information is being released about the accident as police continue to investigate.  There could be any number of reasons this accident occurred, whether speed, in an attempt to assist a fellow officer, being cut off by another motorist, debris in the roadway, medical emergency, etc.  In this instance, if the accident was the officer's fault, his wife would be entitled to make a workers' compensation claim.  Further, if it was determined another motorist or circumstances other than the officer's negligence was the proximate cause of this accident than his survivors would be entitled to other benefits.  

Workers compensation applies because the officer was working in the course of his employment at the time of the accident.  Since he died the code requires that he have dependents to obtain a recovery.  In this case, he had a wife and several children.  Next, in addition to workers compensation, the family may be able to make a third party claim against the other driver, if it was determined another driver caused this accident.

It is important to always contact a personal injury attorney who is experienced in dealing with these types of claims to assist you and ensure you receive each benefit you are entitled to.

If you, a family member or someone you know has been involved in an automobile accident or you would like more information regarding automobile accidents, please contact Portner & Shure and speak with one of our Maryland accident lawyers 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.

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.,

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.

Pedestrian Accidents a Major Concern in Montgomery County

Pedestrian accidents are a major concern in Montgomery County, Maryland. Statistically there have been more pedestrian accidents in Montgomery County than homicides, making pedestrian accidents one of the top three causes of death in the county. The general consensus believes there are as many careless walkers as careless drivers that have caused hundreds of pedestrian-involved accidents in Montgomery County. Typically more pedestrian accidents occur in the winter months when it becomes dark around 4:30 to 5:00 p.m. and motorists cannot see the pedestrians.

According to an article in the Washington Post, approximately 22% of Maryland pedestrian accidents occur in parking lots and present a significant danger, especially to senior citizens. The county spends over $30 million a year on pedestrian safety. County Executive Isiah Leggett is planning on launching a campaign to focus on parking lot safety. It would appear that traffic engineers need to design dedicated paths throughout parking lots away from the cars for the safety of the pedestrians and to decrease the rise in these types of accidents.

In Maryland, if a pedestrian is struck by a car and is injured, he has the right to make a claim against the driver of that vehicle, and is also entitled to make a claim for personal injury protection benefits (no fault benefits) against that driver's policy. The pedestrian should also be aware that if they too own a car and have personal injury protection benefits greater than the vehicle that struck them, they can also make a claim with their own company for the excess benefits. Naturally the issue that is raised as a defense in most Maryland pedestrian accidents is contributory negligence, which would bar the pedestrian from recovery.

Knowing the laws of contributory negligence, that many presume is unfair and outdated, can make the difference in winning your case. Portner & Shure has handled hundreds of pedestrian accidents and has been successful overcoming the issue of contributory negligence. It is also important to have a firm, like ours, that is in the Montgomery County courthouse on a weekly basis, trying cases and is familiar with the practices of the defense attorneys defending these claims.

If you, a family member, or someone you know was a pedestrian struck by a car, truck, motorcycle or any type of motor vehicle and would like more information on pedestrian accidents, please contact Portner & Shure for a free consultation.