Cavalier and reckless police officers pose a serious threat to the safety of citizens. Simply because a person possesses a badge and a gun does not give that person the right to place citizens in danger for no reason. When a police officer is reckless the consequences can be disastrous. Last year a twenty-seven year old motorcyclist was killed during a high-speed police chase. Wednesday the mother of the motorcyclist filed a $40-million lawsuit against Baltimore City and the officer who struck her son. The lawsuit alleges that the police officer ignored orders and lied about how the crash occurred. I live in Baltimore City and appreciate the police officers and understand that their job is both indispensable and dangerous. With that being said I cannot overlook what I have witnessed with my own eyes. Some police officers think they are above the law, impervious to the rules and regulations that all of us must follow. Of course police officers are placed in situations where they must engage in activities that are otherwise prohibited. When confronted with extraordinary circumstances police officers still must follow specific codes of conduct. Further, when a police officer is not engaged in some type of pursuit or off duty placing others in danger is unacceptable.
Recently in Police Accidents Category
Most Virginians have seen police officers speeding down the road with their lights flashing, running red lights and swerving in and out of traffic. We would all like to think that those officers are responding to an emergency and that their speed, and actions are required in order to save a life or prevent a crime. Sometimes this high speed driving, which for the general public would be 
strictly against the law, results in automobile accidents, with resulting injuries.
In Virginia, most cases and officer's actions are protected by sovereign immunity which prevents those officers from being sued for injuries they cause, because they were acting within the scope of their employment. What the public may not know, however, is that in order for an officer to respond to a call with the type of driving described above, the call must be related to an emergency situation. The implication is that if an officer is involved in an automobile accident where a normal member of the public would have been negligent and someone is injured, the mere fact that his emergency lights were activated does not protect him from a civil law suit.
A recent claim, a case against a Fairfax County police officer who ran a red light while responding to a report of a fistfight in progress and struck a vehicle, causing the driver to be ejected and die, was settled for $1.5 million dollars. The Court ruled that because the officer violated department policy by responding to a non-emergency call in an emergency manner, the Plaintiff's injury attorney only had to prove simple negligence to prevail.
On February 8, 2011, Federal Marshals issued a lookout for a silver Ford Taurus with Virginia tags in the Harford County area. The operator of the vehicle, Brandon L. Pegram, 23, of Virginia was believed to be armed with a handgun and shotgun. According to police officials, Pegram held his family hostage and threatened to harm any law enforcement officers who attempted to capture him.
The vehicle was spotted by deputies at approximately 2:47 p.m. on Route 40 at Gateway Drive in Edgewood, Maryland. The deputies attempted to initiate a stop when the vehicle fled the scene and traveled on Route 40 towards Baltimore County. State Troopers from the Bel Air Barracks as well as Baltimore County officers joined in the pursuit.
On April 30, 2010, at approximately 1:30 p.m. a Maryland State Trooper was involved in an automobile accident on US 15 in Frederick County, Maryland. The trooper was responding to a motorcycle collision that also occurred on US 15 wherein the motorcyclist was injured. The trooper was driving south in his patrol car with his emergency lights and sirens activated when he approached the intersection of Mountville Road. The driver of a Honda Odyssey entered the intersection as the patrol car approached. Although the trooper took evasive action in an effort to avoid colliding with the van, the patrol car struck the van. The trooper and his passenger were taken to Frederick Memorial Hospital. The van driver was not injured.
Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals, except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.
Moreover, 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 or crosses a lane of travel, they often cause a collision that is ultimately their fault. It is imperative to know and understand the rules of the road.
If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal consultation.
On April 8, 2010, a woman crashed her motor vehicle into an unmarked police car in Ellicott City, Maryland. The woman collided with the police cruiser when the police officer was making a left hand turn onto Court House Drive and sustained bodily injuries to her arm. Paramedics arrived on the scene and transported her to an area hospital. The police cruiser was not operating in an emergency capacity. Sirens and lights were not being used at the time of this collision. Further investigation into this accident is underway.
Emergency vehicles have their own set of rules to which they adhere while driving. The law clearly states that emergency vehicles such as police cars, ambulances, or fire trucks cannot be held to the same standard of care as other drivers. Designated emergency vehicles that are responding to an emergency have special privileges. For instance, they are permitted to exceed the speed limit (so long as they do not endanger other drivers), pass a red light or stop sign, and disregard traffic control devices. However, it is important to keep in mind that these privileges only exist if the responding vehicle is using its audible and visual signals except in the even event that the police vehicle is not equipped with such signals. None of the above apply if the police are not operating in an emergency capacity.
If you, a family member, or someone you know has been involved in a car accident with an emergency vehicle or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers can provide a free legal consultation.
Working the midnight shift, Officer Ayala, who was fluent in Spanish, was invaluable to the Wheaton district. Many residents only speak Spanish, and therefore, he was often called on by other officers to help interpret.
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.
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 in Baltimore City 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 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.
In December of 2007 a college student from the University of Maryland was on his way to take a final exam when his vehicle was struck by a police officer. As a result of the collision the University of Maryland student was killed. The family of the decedent filed suit against the Prince George's County Police Department stating that it was negligent. Prince George's County argued that the student was contributory negligent. A civil jury found in favor of the decedent's family and awarded $4 Million dollars in damages.
It is important to note that Maryland recognizes contributory negligence. This means thatif you are found to be at least partially (or at least 1%) at fault, you cannot recover for your damages.
The award of compensation was later reduced to substantially due to the Local Government Tort Claims Act. This law states that the exposure of local government agencies are limited to $200,000 per individual claim or $500,000.00 for total claims for the same accident. Therefore,although the Court may have awarded compensation for the family of the decedent, the award was substantially reduced to the current rules and regulations.
If you, a family member, or someone you know has been injured in an automobile accident with a government vehicle or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.
