Maryland Car Accident Blog

Until now if you were involved in an accident and claimed damages of $10,000 or less, you and the insurance carrier were entitled to a Judge Trial and not a jury trial. Jury trials cost a great deal more. Doctors who charge thousands to appear need to be called. Years ago there was no dollar limit on jury trial requests. As a result, insurance company lawyers would request jury trials in small cases as a means to discourage attorneys from taking them. It was a strategic move to reduce personal injury claims. For example, if an automobile accident case that occurred in Columbia in Howard County was worth $5,000 and the doctor charged two thousand to appear, than the economics of a Howard County jury trial didn't make sense. It discouraged many attorneys from taking smaller claims.

As a result, plaintiff's lawyers fought hard to get legislation passed requiring at least a demand for $10,000 in damages before either side had a right to a jury trial. The change has enabled countless injured people to pursue automobile accident claims when their injuries were soft tissue and the damages they claimed were under $10,000. With the passage of time and higher medical costs many small claims can not be concluded for $10,000.

Rather than have these claims decided in the Circuit Court before a Jury, the plaintiff's bar has been successful in getting the damage limit for a jury trial request raised to $15,000. These smaller claims now can be done quicker in the District Court and with less cost. In the District Court if your attorney files the proper papers, evidence of your medical bills and treatment is admissible without calling the physician at trial.

Many agree that biking is good exercise, but also question whether it has to be on the same roadways that motorists use everyday to commute to and from work.  Cyclists will argue that it is better for the environment to ride a bicycle.  No one is saying not to ride a bicycle.  Instead, the majority of motorists believe that cyclists should have their own lanes and stay off the roads that were designed for automobile traffic.  

Cyclists are not permitted on roads where the posted speed limit is greater than 50 mph but are permitted on the shoulder of the road.  This still becomes a problem when there is debris, glass, uneven pavement, culverts, etc., that prevent the cyclist from riding on the shoulder and entering back into the path of the motorist.

In a bicycle accident that occurred earlier this year, a Mr. Villar was riding his bicycle in the same direction as traffic on Bradley Boulevard in Montgomery County, Maryland.  Unfortunately, he was unable to ride on the shoulder due to snow banks from a recent snow storm and was struck by a motorist that attempted to pass him.  The motorist struck another vehicle in the oncoming lane of travel, causing the back of his vehicle to strike Mr. Villar.  Mr. Villar has retained the law firm of Portner and Shure.  

Motorists and cyclists both need to be aware of the laws and regulations in their States.  In Maryland, when passing a cyclist, you must allow three feet from the side of your vehicle and return to your lane when you can clearly see the cyclist in your rear view mirror.  A motorist should not use his horn to alert the cyclist as this could in turn alarm them.  Cyclists should stay as close to the right side of the road to maintain safety.  They are required to use turn lanes and motorists should not attempt to make right turns across the path of the cyclist.  

Maryland law requires that cyclists must:

    •    Wear a bicycle helmet if they are under 16 years old
    •    Obey all traffic signs, signals and other traffic devices    
    •    Ride in the same direction as motor vehicles and as near to the right side of the road     as possible
    •    Use standard arm signals to alert other drivers of lane changes and turns
    •    Stop for school buses when they are loading or unloading children
    •    Yield to pedestrians
    •    Refrain from wearing a headset that covers both ears

Further, a bicycle must be equipped with front and rear lamps and reflectors if the bicycle is used on a public road at any time when there is insufficient light or inclement weather.  It should also be equipped with a bell or horn and brakes.

If you, a family member or someone you know has been involved in a bike accident or car accident or you need more information on car and bike accidents, please visit us on the web at http://www.portnerandshure.com or contact us for a free consultation with one of our Maryland Personal Injury Lawyers

You may often hear insurance carriers refer to the "Boulevard Rule" when they investigate an automobile accident. However, what you may not know is what the Boulevard Rule really is.

The Maryland Boulevard Rule was adapted by a Maryland Court of Appeals in 1939 to expedite the flow of traffic on a favored highway thus allowing drivers on said highways to travel without stopping for each intersection. All drivers approaching a main street or highway have a duty or obligation to yield to the traffic on the major roadway. If the driver of a vehicle fails to yield to this rule then they were negligent as a matter of law. A claim for damaged property or bodily injuries could have been filed again the negligent party's insurance carrier.

Over the years the rule has evolved. In 1977, the Court of Appeals reduced the harshness of the application of the rule. It was found that the driver on the favored highway was negligent and his negligence was the proximate cause of the collision. Proximate Cause is a legal term that means "an intervening cause which produces injury and without which the accident could not have happened, if the injury is one which might have reasonably anticipated or foreseen as a natural consequence of the wrongful act." In the light of the legal case of Covington v. Gernet, 280 Md.322, 373, A.2d 624 (1977), the Department of Motor Vehicles revised this rule and included the definition of "right of way" as "the right of one vehicle ...to proceed in a lawful manner on a highway of preference to another vehicle"

What all this means is that the Maryland Boulevard Rule no longer applies when favored drivers are driving in an unlawful manner on a main street or highway. If a favored driver is speeding, fails to yield to traffic control devices, or fails to stop, it is possible the favored driver may be found to be at fault for the accident.

The Maryland Accident Lawyers in our office are familiar with this rule and how it applies to everyday travel. In the event that a motor vehicle collision should occur, contact our office for a free legal consultation. If you would like more information on personal injury claims, feel free to visit us on the web at http://portnerandshure.com

Were public highways constructed for motor vehicles or bicycles?  Who has the right of way, the bicycle or the motor vehicle?  Many motorists believe that cyclists are endangering themselves since they are no match for tons of metal on wheels.  Many a debate has arisen when it comes to the rules of the road, who rules, cyclist or driver?   

Most people would be surprised to learn that legally bikes do have the right to ride their bikes on the roadways, in most jurisdictions.  In Maryland and D.C., those rights have been expanded where a 3 foot rule was passed by the Senate on May 20, 2010. http://mlis.state.md.us/2010rs/billfile/sb0051.htm.

Many motorists feel that this Bill is not fair.  Motorists have to pay for tags and insurance and obey the laws of the highways.  If cyclists have the right to the roadways, then they too should have to pay for insurance and tags and obey the traffic laws and be cited if they disobey those laws.  As simply stated by one motorist, "if we're going to level the playing field, then let's level it completely and equitably."  Why not construct bike paths for the safety of cyclists and leave the highways to the motorists?  

In a recent Harford County bicycle accident, 17 year old, Albert Wayne Glass
was riding his bicycle on Sandpiper Court heading toward Willoughby Beach Road in Edgewood, Maryland.  According to the Harford County Sheriff's Office, Glass proceeded through a stop sign at the intersection of Albantowne Way and Willoughby Beach Road when he was struck by Timothy James Foster.  Mr. Foster was traveling east on Willoughby Beach Road through the intersection when he struck Mr. Glass.  Mr. Glass sustained serious bodily injuries and was flown by medevac to Shock Trauma, where he underwent emergency surgery to relieve massive blot clots on his brain.  Should Mr. Glass have been operating his bicycle on the highway in the same capacity as a motorist?  Could this accident have been avoided if the State Highway Administration approved a bill for Bicycle and Pedestrian Access?  While it appears several of these issues are before the legislature, the question the motorists and cyclists need to know is when will it be implemented and what should be done in the meantime?  

Injuries ranging from soft tissue injuries such as whiplash to the more serious injuries which involve broken bones, traumatic brain injuries or even fatalities can often result from a car accident. It is not uncommon for a person who leaves the scene of the accident to not experience pain or discomfort until a day or two following the accident.

An example of how different injuries can result from the same car accident is demonstrated by a May 22, 2010, automobile accident that occurred on Route 27 in Frederick County, Maryland. The driver of a Toyota Corolla was traveling on Gillis Falls Road while the driver of a Lexus LS 430 was traveling northbound on Route 27. The preliminary investigation done by the police shows the driver of the Corolla failed to yield to the right of way while trying to cross Route 27. When the two vehicles collided, the Corolla was forced into trees and the driver became trapped inside. Members of the Mount Airy Fire Department had to extricate the driver and he was transported to R Adams Cowley Shock Trauma Center in Baltimore by a Maryland State Police helicopter. The driver of the Lexus and her passenger were taken to Carroll Hospital where they were treated and released with only minor injuries.

This accident is still under investigation by police and they are seeking witnesses who may have seen this collision.

It is imperative that all the rules of the road are followed in order to prevent serious automobile collisions such as this. Traffic control devices are in place to help maintain the flow of traffic in an orderly fashion. Stop signs, yield signs and traffic signals should always be given proper attention. Failure to do so can result in very serious injuries as demonstrated in this scenario.

If you or someone you know has been injured in a car accident please visit us on the web at http://portnerandshure.com for a free legal consultation. Our Maryland accident lawyers are available to provide answers to any questions you may have.

On May 24, 2010, during the morning rush hour there was a serious single vehicle accident on Interstate 70 in Howard County, Maryland. A box truck was traveling westbound when it left the roadway and struck several trees. The driver was pronounced dead at the scene and Interstate 70 was closed for several hours. The cause of the accident is still under investigation.

An accident re-constructionist was most likely called to the scene to help determine the cause of the accident. If skid measurements were taken by an expert, the speed at impact could have been determined. Proper measurements, done timely, with eye witness testimony, could assist in determining if the driver in this accident just lost control of his vehicle, if he was cut off by another driver, or even if his vehicle was not working properly.

Many auto insurance policies that carry Personal Injury Protection also carry a specific Death Benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.

However, in the event that the driver was working at the time of the accident his family may be entitled to additional benefits under workers' compensation. Since this individual was unfortunately killed in the course of his employment his spouse and/or children may be entitled to receive benefits based on what the employee was making at the time of the accident. Although there is a cap placed on these benefits, it is possible to also obtain a burial allowance in cases such as this.

If you have been injured as the result of an automobile accident or sustained a work related injury, please visit us on the web at http://portnerandshure.com and contact our Maryland accident lawyers for a free legal consultation.

Churchville businessman and candidate for Harford County executive, Stephen M. Wright, died in a car accident on Thursday, May 20, 2010, just before 7:00 p.m.  Mr. Wright was operating his 2003 Jeep Grand Cherokee southbound on Wheel Road, when his vehicle left the road and struck a utility pole.

A spokesperson for the police advised that witnesses who checked on him immediately following the accident believe he was experiencing medical issues, which may have been the cause of the accident.. The police do not believe speed or alcohol contributed to the accident.  Instead, the report indicated that Mr. Wright may have experienced a medical emergency.

Paramedics from the Abingdon Volunteer Fire Company transported Mr. Wright  to Upper Chesapeake Medical Center where he was pronounced dead at the hospital around 8 p.m.

Mr. Wright was a longtime member of the Harford County Republican Central Committee and a conservative with ties to the Tea Party movement and was the first candidate to file in this year's county executive race.

Mr. Wright is survived by his wife, Krista and their three daughters, Meagan, McKenzie and Katie.

If it is determined that a medical emergency was the cause of this accident, Mr. Wright's family may be entitled to certain death benefits also referred to as survivor benefits, which could include accidental death benefits, continuation of lost earnings, periodic "pension" payments and replacement services payments.  In some states, reasonable funeral expenses are protected benefits and have to be paid even when the insurance policy's other benefits , such as medical expenses  have been paid to the policy limits.

In the unfortunate event that Mr. Wright had collided with another vehicle and it was determined that he was experiencing a medical emergency, the other party would be barred from making a claim against his insurance company for their injuries, based on the sudden emergency defense.

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 visit us on the web at http://www.portnerandshure.com or contact one of our experienced Maryland accident lawyers for a free consultation. 

In early May, a Finksburg, Maryland woman was killed when she was struck by a vehicle on Bethel Road in Finksburg, Maryland. The woman was said to have been chasing after her dog who had run into the street. She was pronounced dead at the scene. The driver of the vehicle has not been charged with an offense.

In this unfortunate situation, the key inquiry 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.

If you or someone you know has been injured as the result of a pedestrian related car accident and would like a free legal consultation, please visit us on the web at http://portnerandshure.com. Maryland accident lawyers are here to answer any questions that you may have.

A few weeks ago, two undercover Baltimore City Police officers witnessed a drug transaction between two suspects on Gwynn Oak Avenue in Northwest Baltimore, Maryland. The suspects attempted to evade the police as they sped away from the scene. They struck a civilian vehicle that was being operated by an elderly couple. One of the victims was pronounced dead at the scene while the other was transported to Shock Trauma in serious condition.

After searching the vehicle, the suspects were discovered to be in possession of 38 grams of uncut heroin. They are facing serious drug charges fleeing and alluding charges. They need separate defense counsel, since the driver of the vehicle may face more serious charges and the possibility of vehicular manslaughter.

Although the family of the deceased could pursue a claim against the drivers automobile insurance carrier it is highly likely that any claim for property damage or personal injuries would be denied since the vehicle was in the commission of a crime when the accident occurred. In other words, because the suspects were evading the police, the insurance carrier may no longer be responsible for any damages caused as a result thereof. However, an Uninsured Motorist Claim may be pursued to help the injured party with medical expenses or even helped the family of the deceased with burial costs. Further, the police department could have some responsibility for the accident if the investigation revealed they did not follow proper protocol.

If you, a family, member or someone you know has been involved in an automobile accident and sustained bodily injuries or if you would like more information on automobile accidents, please visit us on the web at http://portnerandshure.com Our Maryland accident lawyers are available to provide you with a free legal consultation.

Earlier this month, the driver of a GMC Sierra struck and killed a man who was attempted to cross Ridge Road in Pasadena, Maryland during the evening hours. The pedestrian was wearing dark clothing and was not in a crosswalk. The Anne Arundel County Police responded. The pedestrian was taken to Baltimore Washington Medical Center where he was pronounced dead a short time later. The police found evidence that suggested that the pedestrian may have been under the influence at the time of the accident.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry is such accidents are 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.

In this matter, the family of the deceased may not have a valid claim against the driver of the vehicle. The pedestrian was possibly intoxicated, crossing outside of the crosswalk and was wearing dark clothing at night.

If you or someone you know has been involved in a pedestrian related car accident or if you would like more information on automobile collisions, please feel free to visit us on the web at http://portnerandshure.com Our Maryland accident lawyers are available to provide you with a free legal consultation.