February 2010 Archives

The first of the major snow storms to hit Maryland had just started to fall on Friday, February 5, 2010, when a 2002 Chevrolet Ventura being operated by Carrie Ann Brown drifted to the right and struck a 1987 Mack dump truck. The dump truck, which was under contract with the Maryland State Highway Administration and being operated by Robert Singleton, Jr. of Forest Hill, was parked on the shoulder of the road on standby for the pending snow storm. The accident occurred on Paradise Road in Aberdeen near the I-95 overpass.

The driver of the Chevrolet and her 15 year old daughter were both taken to Bayview Hospital in Baltimore City in serious condition. Brown's two other children were also transported to nearby medical facilities for less serious injuries. Hazardous road conditions were believed to be the cause of the 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.,

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.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile while crossing a street. 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.

Earlier this year an eighteen-year-old man from Columbia, Maryland was attempting to cross Little Patuxent Parkway between Vantage Point Road and Columbia Road when he was truck by an oncoming car. The police said that the young man was wearing dark clothes and was not in a cross walk when he was struck. He was transported to University of Maryland Shock Trauma where he presented with serious injuries.

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

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.

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.

The recent snow storms have caused problems for the State of Maryland. Many counties were not prepared for such a large amount of snow to fall in such a short period of time. Road crews have been working around the clock in order to clear the snow covered highways and roads. However, despite these efforts the lower temperatures have also caused freezing conditions especially on bridges, highway ramps and back roads. Drivers have been cautioned about the presence of the ongoing efforts of the State Highway Administration to clear our roads.

On February 11, 2010, a State Highway Administration worker was struck while clearing Baltimore National Pike in Baltimore County when he was struck in the rear by a tractor trailer. The Maryland State Police cited the driver of the tractor trailer with failure to control speed to avoid a collision. The SHA worker was flown to the University of Maryland Trauma Center. It is very important to follow the recommendation of the local government especially when they have asked for drivers to remain off the roads. Doing so only helps speed up the process of snow removal and will help prevent needless accidents.

If you, a family member, or someone you know has been involved in an automobile accident as a result of weather conditions or if you would like to learn more about car accidents contact Portner & Shure for a free consultation.

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.

On February 4, 2010, a 79-year-old woman was killed when her husband suffered a medical condition while driving the couple's car and crashed into a tree in Clinton, Maryland. The driver of the vehicle lost control of the vehicle and hit the nearby tree. Both occupants of the vehicle were taken to a local hospital were the passenger was pronounced dead.

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.

With respect to liability, if you are injured by a person who has a medical emergency several things may need to be proven. First, did this person have reason to believe that their medical condition could put themselves or others at risk. For example, if a person has a seizure and it causes an accident, did that person know of the seizure disorder prior to the collision. Additionally, if you were a passenger, did you know of the condition? If so, and you still went for a drive, your claim may be barred by the doctrine of "assumption of risk." Since several factors come into play in these cases, even you think you did nothing wrong, do not talk to an insurance adjuster without first consulting an attorney.

If you, a family member, or someone you know was injured in an accident as the result a medical condition or if you would like more information on car accidents, please contact Portner & Shure for a free consultation. 

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.

Single vehicle accidents are becoming more common. These accidents are commonly the result of negligent driving and have a great potential of becoming deadly. Speed and reckless driving are among the top causes of such car collisions.

For example, on January 12, 2010, a 19-year-old Delaware woman lost control of her vehicle and struck a telephone poll before the vehicle overturned on Back Mountain Road in Frederick County, Maryland. Although the driver was trapped in the vehicle for a period of time she only sustained minor injuries. She is being charged with reckless driving and failure to maintain control of a vehicle.

Charges such as reckless driving 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.

If you, a family member, or someone you know has been injured in a motor vehicle accident due to someone's failure to maintain control of their vehicle or you would like more information on car accidents, please contact Portner & Shure for a free consultation.

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.