Showing posts with label negligent driving. Show all posts
Showing posts with label negligent driving. Show all posts

Thursday, April 8, 2010

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.



Tuesday, April 6, 2010

Alcohol Suspected in Serious Automobile Head on Collision

At approximately 2:45 a.m. on March 18, 2010, a driver of a Ford F-150 is suspected of being intoxicated, he sped on Route 100 in Anne Arundel County, Maryland while traveling in the wrong direction. The driver struck a Toyota Camry head on. The driver of the pick up truck and his passenger were transported to Maryland Shock Trauma where they were reported as being in serious condition. The occupant of the Toyota Camry was rushed via medevac helicopter to the same hospital. The operator of the Camry has to be cut out of his vehicle by firefighters.



The accident remains under investigation and charges are still pending. The police however did issue a statement saying that "driver error, excessive speed and alcohol were contributing factors" in this accident. As a result of the collision Route 100 near Arundel Mills Mall just south of BWI Marshal Airport was temporarily closed.


Charges such as driving under the influence, reckless driving, or speeding have significant impact on your driving record. Repeated charges can result in the suspension or loss of your driving privileges in addition to hefty fines and penalties. It may also become difficult to get car insurance if you have charges such as these on your driving record.


The driver of the Camry could file a claim against the "at fault" party in this accident for property damage in addition to the bodily injuries he sustained as a result of this collision. Unfortunately in Maryland he may not be entitled to punitive damages by is entitled to recover for his pain and suffering as a result of his injuries.


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


Monday, April 5, 2010

Rollover Crash Injures 4 People: Is the Driver Responsible for the Car Accident?

In late March, a vehicle traveling on Interstate 70 in Frederick County, Maryland lost control and rolled over several times. In the vehicle were four people. All the individuals in the vehicle were transported to a local hospital for observations. Although the cause of the accident is unclear, the Maryland State Police noted that there was a steady rain falling at the time of the accident which could have attributed to the cause of the accident.


All automobile drivers need to be cautious when driving in adverse weather conditions to avoid automobile accidents. Failure to do so could be deadly or lead to serious bodily injuries. Remember that in heavy rain, a driver still maintains an obligation to drive his car 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.


If you have been involved in an automobile accident and are not sure of your legal rights, you may contact Portner & Shure for a free legal consultation.



Friday, March 19, 2010

Single Vehicle Accident Claims Life of Pasadena Man

On March 14, 2010, a 46-year-old Pasadena, Maryland man was killed as the result of a single vehicle accident. He lost control of his vehicle and slammed into a tree. The Anne Arundel County Police believe that the man may have been drag racing at the time of the collision. The accident occurred on Route 100 in Anne Arundel County. The man was trapped inside the vehicle and was pronounced dead at the scene.


The Maryland Motor Vehicle Code prohibits any person from driving a vehicle in a race on any highway or street that is used by the general public. A person who participates in a street or drag race can also be charged with negligent driving even if no one was injured. Numerous accidents are occurring across Maryland as a result of drag racing. In fact, recent accidents from drag racing have been reported in Anne Arundel, Baltimore, and Prince George's County. These accidents often result in the death of the driver and/or spectator. This new trend needs to stop.


If you, a family member, or someone you know has been involved in a motor vehicle accident as the result of a drag race or if you would like more information on car accidents, contact Portner & Shure for a free consultation.



Wednesday, March 10, 2010

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.

Friday, February 19, 2010

Car Accident Linked to Cell Phone Use

It has been confirmed that talking on a cellular phone while driving can be a major distraction. Teenagers and less experienced drivers are at an even greater risk for causing an accident. The law in Maryland is that drivers younger than 18 with a provisional drivers license or learner's permit are prohibited from using any cell phone while driving. Texting was previously banned in Maryland for all drivers.


Recently a 17-year-old driver caused a serious car accident while talking on his cell phone. The teenager was merging onto Interstate 70 in Frederick County, Maryland when he allegedly rear-ended another vehicle. The responding officer noted that the teenager did not realize that there was highway construction in the area that had caused the traffic to slow down. The driver of the rear-ended vehicle was flown to Washington County Hospital while the teen only sustained minor injuries. The juvenile was charged with negligent driving.


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



Thursday, January 21, 2010

Negligent Driving Causes Death Of High School Student In Howard County

In November 2009 there was a tragic single vehicle accident that claimed the life of a popular River Hill High School football player in Howard County, Maryland. The driver of the vehicle, a good friend of the passenger, lost control of his pick up truck, and struck three decorative pillars before overturning. Steven Dankos was pronounced dead at the scene of the accident. The driver and additional passenger sustained injuries as well. The driver of the vehicle, David Erdman, was charged with driving under the influence, manslaughter by motor vehicle, and homicide by motor vehicle.


Drunk driving is one of the most preventable forms of negligent driving but yet there are thousands of people killed every year because of a drunk driver. Drinking causes reflexes and senses to become impaired, teenagers seem to be less aware of this fact. Statistics through the country show that accident involving drunken drivers occur far more frequently with teenagers then any other age group. To make matters worse, while the families are all left with a terrible loss, and may have no interest in criminal charges, it is not their choice. The Howard County Police will review the incident and will proceed with charges regardless.


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



Thursday, October 15, 2009

Major Verdict Rendered in Prince George's County Car Accident Case

A Prince George's County jury has awarded a $4.1 million verdict to the estate and family of a 20 year old male killed in a December 2007 accident.


Plaintiff David Gray was driving to the University of Maryland to attend classes when his vehicle was struck by a police cruiser.  The police cruiser had crossed a double yellow line and collided with the Plaintiff's vehicle, causing the vehicle to be sent airborne across the street.  Paramedics quickly arrived to the scene and transferred the Plaintiff to the Prince George's County Hospital Center, where he subsequently died from injuries sustained in the accident.   


The Plaintiff's mother filed suit on her son's behalf against the Defendant, an off-duty police officer with the Prince George's County Police Department.  In asserting that the Defendant negligently operated his vehicle, the Plaintiff's estate alleged that the Defendant was driving at twice the 25 mile per hour speed limit, that the Defendant was text messaging while driving his vehicle, and that the Defendant was under the influence of alcohol he had consumed the night before.  The jury agreed with the Plaintiff's assertions, and awarded a total verdict of $4.1 million dollars.  Of the $4.1 million awarded, $3.6 million went to the estate of the deceased, $500,000 to the Plaintiff's mother for pain and suffering, $35,000 for past medical expenses and $5,000 for funeral expenses. 



There are a few key points worthy of mention in this case.  It is very curious that the fact that the Defendant had been drinking the night before was not discovered until he was deposed during the civil case.  The Defendant apparently was not asked by his fellow Prince George's County officers arriving on the scene whether he had consumed alcohol the previous evening.  According to the deposition, the Defendant stated that he had drank 3 to 5 Corona's the night before the accident prior to going to sleep at 3 a.m.  The accident occurred just 4 hours after he had gone to sleep, making it entirely possible that the Defendant was still under the influence at the time of the accident.  The Washington Post examined the alcohol consumption issue in this case in greater detail. 


Another interesting point is that texting was used as a means to demonstrate negligent driving.  The Plaintiff's counsel in this case actually brought in an AT&T representative to testify that there was a data transfer from the Defendant's phone at the time of the accident.  I think that the use of texting to show negligent driving in car accident cases may be something we see more and more. 


If you have been in a car, truck or motorcycle accident and believe the person that struck you was at fault, you should contact an experienced attorney.  The attorneys at Portner & Shure many years of experience representing accident victims in Maryland, Virginia and the District of Columbia.  Contact us for a free consultation.