Fatal Pedestrian Accident

On Monday, April 26, 2010, there was a fatal accident on Interstate 95 in Cecil County, Maryland. The Maryland State Police said they believe that the victim, Lamar Stanford, was driving his car on Interstate 95 when he struck a guardrail. Police said that they believe Mr. Stanford exited his vehicle and attempted to cross Interstate 95 on foot when he was struck by another vehicle traveling northbound. He was pronounced dead at the scene. The driver of the vehicle who struck him suffered bodily injuries and was taken to Union Memorial Hospital.

The police further noted that they do not believe that there are any contributing factors from the driver of the vehicle who struck Stanford. Contributing factors such as speed or alcohol do not appear to be an issue here.

The key inquiry in any pedestrian related accidents is whether or not the pedestrian was inside or out of a crosswalk. As a general rule, pedestrians have the right of way when they are in a crosswalk. However, in the event that a person is crossing a street, outside of a crosswalk, that person has an obligation to use the greatest care to protect themselves from injury.

Minor accidents often turn into serious when people leave their vehicles after the impact and walk on, or stay too close to the roadway. Respect the fact that drivers often are not paying attention. This fact leads to fender benders. It can lead to death if you are a person walking on or near a roadway.

If you, a family member, or someone you know has been injured as the result of a pedestrian related accident, or if you would like more information on automobile collisions, please contact Portner & Shure for a free legal consultation. Our Maryland personal injury lawyers are available to assist you.

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.

Hit and Run Accident Results in 10-year Sentence

In February of 2009, Thomas Rouleau was killed as a result of an automobile accident that occurred at McDaniel College in Carroll County Maryland. The 19-year-old student and four of his friends where struck by a pick up truck near the college campus. The passengers in the vehicle with Mr. Rouleau sustained bodily injuries. Charges were pressed against the driver of the pick up and a Carroll County Circuit Court judge ruled in March 2010 that he was guilty of negligent manslaughter.

Whenever any collision occurs with an automobile, it is a crime to flee the scene of an accident. Criminal charges can be filed against you as they were in this case and there are severe penalties associated with charges of this nature. The guilty finding will most likely be admissible in any civil lawsuit that stems from the automobile accident.

In the event that the "at fault" party is located, if they are proven to the cause of the accident, then claims for property damage, bodily injuries, lost wages and pain and suffering can be brought against them. However, in most hit and run collisions, the "at fault" party often does not have auto insurance. In this situation a claim can still be pursued against your uninsured motorist coverage. In these cases, your automobile insurance rates will not rise.

Our Maryland automobile accident attorneys have experience with dealing with uninsured motorist claims. If you would like a free legal consultation or if you would like more information on car accidents, please contact Portner & Shure.

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.

Accident Reconstructionist Called in Fatal Pedestrian Accident

Early Thursday morning a pedestrian crossing Branch Avenue in Prince George's County was struck by a vehicle and killed. The driver of the vehicle remained on the scene to assist the police officers with the investigation. Branch Avenue was closed in both directions while an accident reconstructionist was summoned.

An accident reconstructionist could help the investigating officers determine what happened. Weather conditions, speed of vehicle, time of day, physical evidence such as skid marks are taken into consideration when an accident is being investigated. An accident reconstructionist should be called in fatal or serious motor vehicle and pedestrian accidents.

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

Rear End Collisions and the Exchange of Information

Rear end collisions are among the most common accidents. As a general rule, the driver of a motor vehicle may not follow another vehicle closer then what is reasonable. The operator of the vehicle must maintain a reasonable speed for the driving and traffic conditions. There are specific laws surrounding what is considered to be "reasonable" based on the circumstances of the situation.

At the beginning of the month, a minor rear end collision turned deadly when two parties were involved in a collision in Hyattsville in Prince George's County, Maryland. They pulled over to exchange their information. While they were exchanging information, a third vehicle struck both of the cars and the two people who were exchanging information. As a result the two parties were killed. The police who responded to the scene believe that the driver of the third vehicle was intoxicated.

If both parties agree that liability is clear, go to a parking lot when exchanging information. Countless accidents occur when people are on the shoulder of the road. In most cases, there is absolutely no reason to remain on the shoulder, just several feet away from countless cars most likely all traveling at dangerous speeds.

If you, a family member, or someone you know was involved in a rear end collision or if 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.