Mother Sues Baltimore City and Police Officer for $40-million

Cavalier and reckless police officers pose a serious threat to the safety of citizens. Simply because a person possesses a badge and a gun does not give that person the right to place citizens in danger for no reason. When a police officer is reckless the consequences can be disastrous. Last year a twenty-seven year old motorcyclist was killed during a high-speed police chase. Wednesday the mother of the motorcyclist filed a $40-million lawsuit against Baltimore City and the officer who struck her son. The lawsuit alleges that the police officer ignored orders and lied about how the crash occurred. I live in Baltimore City and appreciate the police officers and understand that their job is both indispensable and dangerous. With that being said I cannot overlook what I have witnessed with my own eyes. Some police officers think they are above the law, impervious to the rules and regulations that all of us must follow. Of course police officers are placed in situations where they must engage in activities that are otherwise prohibited. When confronted with extraordinary circumstances police officers still must follow specific codes of conduct. Further, when a police officer is not engaged in some type of pursuit or off duty placing others in danger is unacceptable.

In this case, Baltimore Officer Timothy Everett Beall was "told to end the chase" and that he acknowledged that command turning "off his lights and siren". Despite this command the officer continued to follow the motorcyclist onto an interstate 695 exit ramp. He proceeded to ram into the back of the motorcycle while distracted by his telephone and radio communications. Beall told investigators that the motorcyclist "crashed out in front of him" and that the police cruiser never collided with the bike. Maryland State Police Sgt. John McGee concluded that the officer's account of the collision could not have occurred in that manner because it would defy the laws of physics. Now the deceased mother hired William H. "Billy" Murphy Jr. and filed, among others, a wrongful death claim asserting that the death of her son was not caused by any reckless conduct on his part but was caused solely by the negligent actions of the officer.

On a less tragic and more personal note, I have observed a few Baltimore City and Maryland State Police Officers acting as if they are above the law. While traveling down Eastern Avenue, a car stopped in front of me and began making a u-turn across a double yellow line. I honked my horn (this was apparently an egregious act on my part as if horns were not meant to be used like a sofa with a plastic cover, actually I think if a horn is used correctly it can contribute to highway safety but that is a topic for another day). The driver proceeded to stop his car sideways in the middle of Eastern Avenue, blocking traffic, and pointed to a police shirt he had hanging in the back seat. He looked at me as if to say, "see this buddy...I do what I want". That was not the reaction he got from me. He then got out of his car, pulled out his badge and showed it to me. I told him I didn't care and that what he did was illegal. He then proceeded to tell me that technically what he did was legal because there was a break in the line. All I can tell you is that if an everyday citizen did what he did that person would be pulled over and given a ticket. This next anecdote is trivial but I am on a role; I went to the gym yesterday and it was packed. As I was looking for a parking spot I noticed a State Trooper cruiser parked in a spot where it clearly said "Do Not Park". In the words of CC, Key, TJ, Coach, and Boomer, Come On Man!

Police Lights Don't Excuse Negligence

Most Virginians have seen police officers speeding down the road with their lights flashing, running red lights and swerving in and out of traffic. We would all like to think that those officers are responding to an emergency and that their speed, and actions are required in order to save a life or prevent a crime. Sometimes this high speed driving, which for the general public would be strictly against the law, results in automobile accidents, with resulting injuries.

In Virginia, most cases and officer's actions are protected by sovereign immunity which prevents those officers from being sued for injuries they cause, because they were acting within the scope of their employment. What the public may not know, however, is that in order for an officer to respond to a call with the type of driving described above, the call must be related to an emergency situation. The implication is that if an officer is involved in an automobile accident where a normal member of the public would have been negligent and someone is injured, the mere fact that his emergency lights were activated does not protect him from a civil law suit.

A recent claim, a case against a Fairfax County police officer who ran a red light while responding to a report of a fistfight in progress and struck a vehicle, causing the driver to be ejected and die, was settled for $1.5 million dollars. The Court ruled that because the officer violated department policy by responding to a non-emergency call in an emergency manner, the Plaintiff's injury attorney only had to prove simple negligence to prevail.

State Trooper Ends Chase In Harford County, Maryland

On February 8, 2011, Federal Marshals issued a lookout for a silver Ford Taurus with Virginia tags in the Harford County area.  The operator of the vehicle, Brandon L. Pegram, 23, of Virginia was believed to be armed with a handgun and shotgun.  According to police officials, Pegram held his family hostage and threatened to harm any law enforcement officers who attempted to capture him. 

The vehicle was spotted by deputies at approximately 2:47 p.m. on Route 40 at Gateway Drive in Edgewood, Maryland.  The deputies attempted to initiate a stop when the vehicle fled the scene and traveled on Route 40 towards Baltimore County.  State Troopers from the Bel Air Barracks as well as Baltimore County officers joined in the pursuit.

Pegram attempted to ram civilian motorists and run down two deputies.  When he attempted to strike one of them a second time, causing the deputy to dive out of the way, a State Police Sergeant used his patrol vehicle to impact Pegram's vehicle.  The Trooper used a pit maneuver to force the suspect's vehicle to the side of the interstate and up against the guardrail.   The Trooper impacted Pegram's driver side door to prevent him from escaping on foot.

After resisting arrest Pegram was taken into custody with minor injuries.  He is facing charges of robbery, felony assault, kidnapping, first and second degree assault, vehicle theft, reckless endangerment, malicious destruction of property, and numerous traffic violations. 

Fortunately, innocent motorists were not injured in this accident.  Not to say, that the State Trooper who was forced to ram his patrol car into the suspect's vehicle did not sustain injuries.  In the event he did sustain injuries he would be entitled to make a claim for workers compensation as he was in the course of his employment when this accident occurred.  Workers compensation benefits an individual for an accidental injury at work.

In the event the suspect had endangered the lives of the other motorists or caused them bodily injuries they would have claims for personal injuries. Unfortunately, their claims would be known as uninsured motorist claims as they would not be able to make a claim against the owner of the vehicle the suspect was driving, as the vehicle was stolen.  Instead, the injured parties would be entitled to make a claim under their own automobile insurance for uninsured benefits.

If you, a family member, or someone you know has been involved in a work-related accident, car accident or you need more information on work-related accidents or car accidents, please visit us on the web at http://www.portnerandshureaccidentlawyers.com or contact one of our Maryland accident attorneys for a free consultation. 

Police Vehicle Collides with Van: Rights of Emergency Vehicles

On April 30, 2010, at approximately 1:30 p.m. a Maryland State Trooper was involved in an automobile accident on US 15 in Frederick County, Maryland. The trooper was responding to a motorcycle collision that also occurred on US 15 wherein the motorcyclist was injured. The trooper was driving south in his patrol car with his emergency lights and sirens activated when he approached the intersection of Mountville Road. The driver of a Honda Odyssey entered the intersection as the patrol car approached. Although the trooper took evasive action in an effort to avoid colliding with the van, the patrol car struck the van. The trooper and his passenger were taken to Frederick Memorial Hospital. The van driver was not injured.

Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals, except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.

Moreover, 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 or crosses a lane of travel, they often cause a collision that is ultimately their fault. It is imperative to know and understand the rules of the road.

If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal consultation.

Car Accident with Unmarked Police Vehicle

On April 8, 2010, a woman crashed her motor vehicle into an unmarked police car in Ellicott City, Maryland. The woman collided with the police cruiser when the police officer was making a left hand turn onto Court House Drive and sustained bodily injuries to her arm. Paramedics arrived on the scene and transported her to an area hospital. The police cruiser was not operating in an emergency capacity. Sirens and lights were not being used at the time of this collision. Further investigation into this accident is underway.

Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.

If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal 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. 

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.

Hit and Run Accident Involving a Police Officer

Government officials are not immune from auto collisions. Recently in Baltimore County a police officer was struck by a dark colored Honda that attempted to make a U-Turn on Eastern Boulevard in Baltimore County, Maryland. The driver of the Honda struck the passenger side of the officer's patrol car and did not stop. The police officer was injured and taken to Johns Hopkins Bayview Hospital in Baltimore City where he was treated and released.

When you are involved in an automobile collision, you have an obligation to stop. Failure to do so could result criminal charges being brought against you. In the event that you are struck by a vehicle that does not have insurance, a claim can still be pursued under the uninsured motorist coverage.

If you, a family member, or someone you know has been injured as the result of an automobile accident with a government official or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.

Routine Police Stop Turns Into Hot Pursuit Causing Fatality

Routine police stops occur every day. However, on January 29, 2010, the Maryland State Police pulled over Mr. Tyrone Butler for speeding. In the vehicle with Mr. Butler was his friend, Francis Chase, Jr. Mr. Butler was found to be driving on a suspended license at which time the responding trooper called for backup. Once the additional officers arrived on the scene, the officers approached Mr. Butlers pick up truck. Mr. Butler attempted to flee the scene and led the police on a 2 ½ mile chase on Route 235 in Hollywood, Maryland. The pursuit turned deadly when Mr. Butler turned abruptly onto Vista Road and into a private driveway at which time he crashed into two trees before the vehicle came to rest. Mr. Butler was flown to Prince George's County Shock Trauma with non-life threatening injuries. Mr. Chase, however, was pronounced dead at the scene.

This is an example of an accident that was caused by one person's poor judgement. The family of Mr. Chase may pursue a claim against Mr. Butlers' insurance carrier for death benefits to assist with the costs of burial or other costs arising from this accident as well as a wrongful death claim. However, it is unlikely that he had any insurance since he was driving on a suspended license. Hence, the recovery, if any, will have to be under Mr. Chases' own uninsured motorist policy. Mr. Butler could also face civil and criminal charges as a result of his actions. Charges such as vehicular manslaughter could be filed by the State of Maryland.

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

Million Dollar Verdict in Prince George's County Car Accident

In December of 2007 a college student from the University of Maryland was on his way to take a final exam when his vehicle was struck by a police officer. As a result of the collision the University of Maryland student was killed. The family of the decedent filed suit against the Prince George's County Police Department stating that it was negligent. Prince George's County argued that the student was contributory negligent. A civil jury found in favor of the decedent's family and awarded $4 Million dollars in damages.

It is important to note that Maryland recognizes contributory negligence. This means thatif you are found to be at least partially (or at least 1%) at fault, you cannot recover for your damages.

The award of compensation was later reduced to substantially due to the Local Government Tort Claims Act. This law states that the exposure of local government agencies are limited to $200,000 per individual claim or $500,000.00 for total claims for the same accident. Therefore,although the Court may have awarded compensation for the family of the decedent, the award was substantially reduced to the current rules and regulations.

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

Car Accident Involving Police Vehicle in Howard County

On January 20, 2010, an unmarked police vehicle was traveling eastbound along Route 108 in Columbia, Maryland. When the officer was making a left hand turn on Bendix Road he was hit by another vehicle traveling westbound on Route 108 in Howard County. The drivers of both vehicles were taken to Howard County General for injuries.

Although emergency vehicles have their own set of rules to which they adhere while driving, it is unclear in this situation as to what capacity the unmarked police cruiser was being used. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals except in the even event that the police vehicle is not equipped with such signals..

If you, a family member, or someone you know has been injured in a motor vehicle accident that involves the use of an emergency vehicle or would like more information on car accidents, please contact Portner & Shure.