March 2010 Archives

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 visit us on the web at http://www.portnerandshure.com.

A Washington County Circuit Court Judge is scheduled to stand trial for allegedly driving under the influence. He is accused of operating his sports-utility vehicle while intoxicated and sideswiping another vehicle in Hagerstown, Maryland. The driver of the other vehicle was treated for minor injuries. The Hagerstown Police Department indicated that the Judge has a blood-alcohol level of .18 percent. This is more than twice the legal limit.

This is an example of how a person in a position of power can also be punished in accordance with the laws of the state. The individual he struck could make a claim against his insurance carrier for his or her bodily injuries. Had this accident occurred in Virginia the injured person would be entitled to punitive damages in addition to any bodily injury recovery.

If you, a family member, or someone you know was involved in an automobile accident as the result of a person being intoxicated or if you would like more information on car accidents, please visit us on the web athttp://portnerandshure.com

Last week the Maryland's House of Delegate voted to prohibit reading text messages while driving. Those that violate this proposed ban would be guilty of a misdemeanor and could face fines up to $500.00. Although last year lawmakers voted to prohibit the writing and sending of text messages while driving, the new law would also prevent drivers from reading text messages as well.

Local area's have already begun to tighten up on driving while using hand sets. As a matter of safety, cell phone usage in a motor vehicle should be limited. Conversing while driving takes attention away from the road and the potential hazards that exist. Hands Free devices could very well become a requirement in Maryland and the surrounding states. Currently using a hands free device is a requirement in the District of Columbia.

If you, a family member, or someone you know has been involved in a car accident or if you would like more information on motor vehicle collisions, please visit us on the web at http://portnerandshure.com

Mr. John Yates, a 67-year-old bicyclist, was riding his bicycle on Maryland Avenue in Baltimore, Maryland on August 4, 2009 when he was struck in the rear by a truck owned by Potts & Callahan. The collision caused the bike to get stuck under the wheels of the truck when the truck made a right hand turn onto Lafayette Avenue. Yates were pronounced dead at the scene. The driver of the truck failed to stop after the accident. The truck was found two days later in the Potts & Callahan service yard with a blood and hair still on the front tires. DNA testing confirmed that the truck was involved in this collision.

On March 3, 2010, the family of Yates filed a multi-million dollar lawsuit against Potts & Callahan for wrongful death. The lawsuit accuses the driver of the truck and Potts & Callahan of negligence. The dispute in this matter is whether or not Yates was in full compliance with Maryland law.

According to the law in Maryland, the operator of a bicycle must stay as close to the right side of the roadway as practicable except when turning left. There are exceptions to this rule, a bicyclist must use a bike lane or smooth shoulder whenever one is available and may not ride on a controlled road with a speed in excess of 50 miles per hour. It is important to note that the violation of any of these rules does not constitute negligence as a matter of law unless the violation is the proximate cause of the injury. If the bike rider was found to have contributed to accident, his estate is completely barred from any recovery.

If you, a family member, or someone you know was injured in a bicycle accident or if you would like more information on car accidents or personal injury claims, please visit us on the web at http://portnerandshure.com

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, please visit us on the web at http://portnerandshure.com

On Sunday, March 14, 2010, there was a two-vehicle collision on Route 15 at Mountville Road in Jefferson, Maryland. A Dodge Grand Caravan was stopped at a traffic signal when they were struck in the rear by a Dodge Ram Pickup Truck. There were six passengers in the Caravan, all of whom were transported to various area hospitals for severe injuries. The two passengers of the pick up were taken to Frederick Memorial Hospital for treatment. One of the passengers of the Caravan was taken to Washington County Hospital in Hagerstown, Maryland but died before she could be transported to R. Adams Cowley Shock Trauma Center in Baltimore.

In Maryland, when motor vehicles are traveling in the same direction there are duties placed on all drivers. The driver of any motor vehicle has an obligation to use due care and caution when following another vehicle. The operator must have regard for speed and weather conditions and maintain a safe distance from the vehicle directly in front of them. Failure to pay full attention could result in a rear end collision.

It is also important to understand what benefits a passenger in a vehicle may have in the event of a motor vehicle collision. Passengers could be entitled to Personal Injury Benefits, or even as in this case, Death Benefits. A claim for property damage and bodily injuries can be made against the "at fault party" and their insurance carrier. In the event that an accident occurs and the "at fault" party does not carry insurance it may still be possible to pursue a claim under your uninsured motorist coverage.

If you, a family member, or someone you know was involved in a rear end motor vehicle collision or if you would like more information on car accident claims, please visit us on the web at http://portnerandshure.com

The Montgomery County police are investigating the cause of a fatal crash that occurred on Saturday, March 9, 2010, at the intersection of Washington Grove Lane and Mid-County Highway that took the life of Lenard Ostilio Pineda-Guardado.

The driver of the 1996 Ford Ranger that Mr. Pineda-Guardado was a passenger in, stated to the police that he had the green light when a 1998 Dodge Durango plowed into the passenger side of his vehicle causing his vehicle to flip and crash into another vehicle.

It is believed the 17 year old teenager operating the 1998 Dodge Durango with a provisional license, was speeding.  He had four other passengers in the vehicle with him, one of which, besides himself, had to be taken to Shady Grove Hospital in Rockville for their injuries.  A spokeswoman for the Maryland Vehicle Administration, commented to press that only direct family members can ride in a vehicle with a person with a provisional driver's license within the first five months of having it.  

Consequences are invoked on the provisional driver that is found guilty of a moving violation.  The first time they are required to complete a driver training course.  The second violation carries a 30 day suspension and the third violation could lead to a 180 day suspension and the license could be revoked.  Hearings are mandatory when an accident involves a fatality.  

If you, a family member, or someone you know has been involved in a car accident or you need additional information regarding car accidents or wrongful death claims, please visit us on the web at http://www.portnerandshure.com.

The family of Dwight Jerome Madison, a 48 year old Navy veteran, filed a civil suit against Harford County and the Harford County Sheriff's office after Mr. Madison died as a result of being Tasered.  

The suit filed in the U.S. District Court in Baltimore alleges that Mr. Madison was assaulted by three correction officers and a civilian jail employee.  During the assault, Mr. Madison struck his head and became seriously injured nevertheless, the correction officers continued to "fire thousands of volts of electricity into Mr. Madison, causing his death."

Mr. Madison was initially taken to Upper Chesapeake Hospital in Harford County but later transferred to the Maryland Shock Trauma Center where he died on June 13th.  

The suit claims that the actions of the correction officers violated Mr. Madison's civil rights, directly causing his death.  

Recent studies indicate Tasers could potentially cause ventricular fibrillation.  During ventricular fibrillation, the heart goes into overdrive.  Instead of pumping blood in the normal sequence, the heart writhes uncontrollably, potentially causing sudden death.  Further, studies have shown that Tasers interrupt brain signals.  Tasing could cause the nerve cells in the brain to fire signals in a fast, rhythmic pattern, triggering a seizure, which could possibly lead to secondary injuries and potentially lethal outcomes such as suffocation.

If you, a family member, or someone you know has sustained injuries or wrongful death as the result the negligence of another person or persons, or you would like more information on wrongful death claims, please visit us on the web at http://www.portnerandshure.com.

On Friday, March 5, 2010, at approximately 2:09 p.m., the State Police and firefighters were called to the scene north of I-270, to rescue the truck driver and two armored guards from the burning vehicle that was totally engulfed in flames.  I-270 had to be closed and traffic diverted while the firefighters worked to put out the flames.  Other precautions were instrumented as there was a high risk that the armored truck could explode.  While it appears the driver and armored guards did not sustain serious injuries, they have to know they are extremely lucky to be alive.  The cause of the fire has not yet been determined.

The fire could have been caused by a manufacturer defect in the armored truck.  If this were determined to be the case these individuals would have a products liability claim for their injuries as well as pain and suffering.  In some States the injured party can also make a claim for punitive damages, which punishes the responsible party and prevents similar acts from occurring.  The most important thing to know in this situation is that the evidence must be preserved.  The armored truck must be protected from loss or destruction.  A products liability claim can be complex and expensive.  That is why it is very important to seek the advice of an experienced attorney to help you with your claim and protect your rights.  

If you, a family member,  or someone you know has been involved in an accident that was the result of a manufacturers defect or you need more information on product liability claims, please visit us on the web at http://www.portnerandshure.com.

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 9, 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 visit us on the web at http://portnerandshure.com

The Virginia State Senate recently passed a bill Senate Bill 157 which would set penalities for drivers who take their hands off the wheel to hold a cellular phone, if the bill becomes effective. For more information on this article or if you would like more information on car accidents please visit us on the web at http://portnerandshure.com

Rockville Park employee, William Lee Mason of Riverdale dies at the age of 62 in a two vehicle crash. Mr. Mason was a passenger in a 2004 Chevrolet Silverado being driven by another city employee, William Arthur Thomas Sr. Mr. Thomas was operating his vehicle east on West Montgomery Avenue and as he turned his vehicle into the Best Western hotel entrance, he was struck on the passenger side by a 1995 Ford Explorer traveling west on West Montgomery Avenue.

The driver of the 1995 Ford Explorer, Carl Joseph Russell of Gaithersburg and Mr. Thomas the driver of the 2004 Chevrolet Silverado were both transported to Suburban Hospital with non-life threatening injuries. Mr. Mason was pronounced dead at the scene.

It was unclear as to whether snow or ice contributed to this accident that took the life of William Lee Mason. What is clear is that any impact over 30 mph must be taken seriously, since studies show that impacts over that speed are often life threatening. Most people are under the impression that impacts at speeds of approximately 30 to 40 mph are not serious.

If you, a family member or someone you know has been involved in a car accident or you like more information on car accidents, please visit us on the web at http://www.portnerandshure.com

A tractor trailer kills a D.C man and seriously injured his wife in an accident on I-95 north of Mountain Road in Harford County on Wednesday, February 24, 2010. Leonard Clark and his wife, Kimberly Clark were operating separate vehicles, a Dodge Charger and Dodge Durango when they collided with each other. The couple then exited their respective vehicles and were standing in the roadway when a tractor trailer driver attempted to stop, but jack-knifed and struck both of them. Mr. Clark was pronounced dead at the scene and his wife was transported to Maryland Shock Trauma in critical condition.

I-95 was closed for several hours while Maryland State Police conducted their investigation, which is still ongoing. No charges have been made as the Maryland State Police reports it's too early in the investigation.

Tractor trailer accidents are considered to be one of the most catastrophic accidents due to their weight and size. Typically anyone that is struck by a tractor trailer is at risk for sustaining serious bodily injuries or dying. Additionally, accidents commonly involve cars or pedestrians who are on the side of the road. My advice is to not discuss anything on the immediate side of the road, get as far away from the highway as possible.

If you, a family member or someone you know has been involved in a tractor trailer accident or if you need more information on these types of accidents, please visit us on the web at www.portnerandshure.com and review our tractor trailer section

Recently the focus in Maryland has been directed to the cold weather conditions and the amounts of snow that the region has experienced this winter. However, in the past few weeks the area has been also experiencing severe winds. Naturally weather plays a very important role in our driving conditions.

Last week, a tractor trailer was blown over as the result of such heavy winds causing US Route 15 in Frederick County, Maryland to be shut down for a two-hour period. No major injuries were reported as a result of the overturned trailer.

As with snow and heavy rain, a driver still maintains 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.

This issues was all over the news during the recent snow storms. Jack knifed tractor trailers crashed on Interstate 95 and left traffic snarled for hours. The question we are left with, is when the weather is clearly too dangerous for most cars to drive in, should tractor trailers be allowed on the road? In other words, shoulder there be a certain snow accumulation, or wind speed, used to determine that trucks should then be prohibited from operating. Tax payers and folks stuck for hours behind jack-knifed trailers may benefit more than the truckers who are in a rush to get a delivery done.

If you, a family member, or someone you know has been involved in motor vehicle accident due to inclement weather or if you would like more information on car accidents, please visit us on the web at http://portnerandshure.com

On Wednesday morning a man was struck and killed in Tyson's Corner, Virginia. The police are looking for anyone with information surrounding this accident and the silver Toyota Camry that was seen striking the man. Anyone with information is strongly encouraged to contact the police at 703-691-2131.

For more information on this accident or if you would like more information on pedestrian claims or automobile accidents, please visit us on the web at http://portnerandshure.com

On March 3, 2010, 92-year-old Madeline Downing was a rear passenger in a Buick Park Avenue that was being operated by her friend, Francis Callahan. In the vehicle with Downing and Callahan were two friends. They were traveling on Route 29 in Howard County, Maryland when Ms. Callahan failed to stop for a red light and collided with a Honda Civic. As a result of the collision, Downing was transported to Maryland Shock Trauma where she passed away. Callahan was taken to Howard County General where he was treated and released. The two other passengers in the vehicle were also transported to Howard County General and one additional passenger is listed as being in critical condition.

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 they often cause a collision that is ultimately their fault. It is imperative to know and understand the rules of the road.

In the event that you are a passenger in a vehicle that is at fault for a collision, it is important to understand what rights may exist. Passengers in vehicles that are involved in car accidents may be entitled to Personal Injury Protection benefits. In the unfortunate case that a death should occur as the result of a collision, additional Death Benefits may apply. In this case, the driver could also face criminal charges for negligence, reckless driving, or even wrongful death. At this time the police are still investigating the accident.

If you, a family member, or someone you know was involved in a motor vehicle accident wherein a person did not yeild to the right of way or if you would like more information of car accidents, please visit us on the web at http://portnerandshure.com

Operators of commercial vehicles are required by law to carry a license specific to the size of the tractor trailer that is being driven. For example, a "Class A" license is required for operators of a vehicle with a weight in excess of 25,000 pounds. An operator of these larger vehicles has an obligation to use the appropriate standard of care when maneuvering such a vehicle. All drivers must be careful when sharing the road with these vehicles as the shear weight and size could make even the slightest of accidents deadly.

An example of how important it is to have experienced drivers behind the wheel of these large vehicles came in the form of an accident that occurred earlier this week on Interstate 70 in Frederick County, Maryland. A tractor trailer driver lost control of his vehicle when he struck another tractor trailer before crossing the road and striking the guardrail located in the median of the highway. Although no injuries were reported, the accident did cause clean up crews from the Maryland Department of Environment and Frederick County Hazmat units to clean up a fuel leak. This clean up required the lanes of Interstate 70 to be limited to one lane for a period of three hours.

If you, a family member, or someone you know was involved in a car accident with a tractor trailer or if you would like more information on motor vehicle accidents, please visit us on the web at http://portnerandshure.com

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 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 visit us on the web at http://portnerandshure.com

There is concern among Harford County residents whether a traffic light may have contributed to an accident on January 4, 2010, at the intersection of Perry Avenue and Willoughby Beach Road in Edgewood. One resident who lives on Willoughby Beach Road stated that the traffic light controlling that intersection had been flashing yellow before Christmas. The normal light sequence prior to this was the light cycled from solid green to yellow to solid red. At approximately 9:18 a.m. on January 4, 2010, a 2004 Nissan Sentra being operated by Jihan Alia Tiffany Hughes, slowly exited the school parking lot on Perry Avenue. When Ms. Hughes entered the intersection she struck Adam William Tammaro, who was operating his 1990 Chevy Camaro east on Willoughby Beach Road causing his vehicle to careen into a third vehicle. The third vehicle was stopped westbound on Willoughby Beach Road waiting to turn left onto Perry Avenue. Ms. Hughes indicated she stopped as she entered the intersection as the light was flashing red and she could not see around the State Highway vehicle that was working on the light. Mr. Tammaro was transported to Upper Chesapeake Hospital in Bel Air with complaints of back pain.

The State Highway Administration received a call around 8:00 a.m. that morning and had someone at the location within an hour to work on the lights. The State Highway Administration worker indicated a replacement part was needed to fix the malfunctioning lights. He stated that when a traffic light malfunctions it automatically switches to flashing yellow.

Malfunctioning traffic lights have contributed to hundreds of accidents. Governmental entities have a duty to the public to periodically inspect traffic control signals and make the necessary repairs immediately upon being notified of the malfunction. Governmental agencies may be held liable for the road conditions, including that of malfunctioning lights; however, there are sovereign immunity issues that have to be considered. That is why it is important to seek the advice of an experienced personal injury attorney.

Motorists need to use caution at intersections controlled by flashing red and yellow lights and abide by the motor vehicle laws. Maryland Transportation Code Section 21-204 http://www.statelawyers.com/Statutes/Index.cfm/StateID:20/ID:56913 sets forth the actions required by the driver.

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 visit us on the web at http://www.portnerandshure.com.