Maryland Car Accident Blog

The right to a Jury Trial in a Maryland Accident Case has changed.

2010-07-12T18:34:43Z

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.

Controvery - Sharing the road with bicycles

2010-06-28T20:00:19Z

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

What is the Maryland Boulevard Rule? How does it affect Motor Vehicle Collisions?

2010-06-25T15:44:03Z

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

Road Rage - Cyclist vs. Motorist

2010-06-09T15:43:07Z

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?

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

Horrible Car Accident Leaves Driver in Terrible Condition While Others Sustained Minor Injuries

2010-05-27T14:52:16Z

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.

Fatal Single Vehicle Accident on Interstate 70

2010-05-27T14:47:51Z

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.

Harford County Executive Candidate dies in Bel Air Accident

2010-05-26T14:00:16Z

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.

Fatal Pedestrian Accident in Carroll County

2010-05-22T17:11:29Z

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.

Drug Suspects Cause Car Accident That Results In Fatality

2010-05-22T17:07:32Z

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.

Alcohol is a contributing factor in fatal pedestrian accident

2010-05-22T17:05:37Z

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.

Motorcycle Accident Leads to Serious Injuries

2010-05-22T17:01:55Z

Motorcycle accidents are common and often result in serious injuries. Motorcycle drivers need be extremely cautious when operating their bikes since the potential of serious or fatal personal injuries are much more likely if an automobile accident does occur. Although most motorcycle accidents are commonly the result of negligent driving, human error is also a likely contributing factor.

Earlier this month, a Hagerstown motorcyclist was seriously injured as the result of a collision between his bike and a Volkswagen Jetta while on US Route 40 in Frederick County, Maryland. The motorcyclist said that the driver of the Jetta pulled out in front of him. When the Jetta pulled out, the motorcyclist struck the driver side door causing his bike to overturn. The operator of the motorcycle was transported to R Adams Crowley Trauma Center in Baltimore after suffering head and leg injuries.

The accident is still under investigation. An accident re-constructionist can be 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 help investigators to determine if the driver of Jetta failed to yield to the right of way.

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

Police Vehicle Collides with Van / Rights of Emergency Vehicles

2010-05-19T17:58:59Z

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 visit us on the web at http://portnerandshure.com Our Maryland accident lawyers can provide a free legal consultation.

Pedestrian Killed / When is a Pedestrian at fault for an accident?

2010-05-19T17:55:12Z

At the beginning of the month a woman was killed while crossing Bel Air Road in Baltimore County, Maryland. The Baltimore County Police Department spokesperson indicated that the woman appeared to have been trying to outrun the vehicle to get to the other side of the road when she was struck. The woman was taken to Maryland Shock Trauma where she was pronounced dead. The driver of the vehicle immediately stopped and notified police of the accident.

An accident reconstructionist could help the investigating officers determine what happened.

Weather conditions, speed of the vehicle, time of day (i.e. was it dark, lighting?), 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.

There is an abundance of laws in Maryland that address situations involving pedestrians that are injured by an automobile. The key inquiry in such accidents 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, a family member, or someone you know has been involved in a pedestrian related car accident, 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.

Fatal Pedestrian Accident

2010-05-19T17:51:59Z

On Monday, April 26, 2010, there was a fatal accident on Interstate 95 in Cecil County, Maryland. The Maryland State Police said they believe that the victim, Lamar Stanford, was driving his car on Interstate 95 when he struck a guardrail. Police said that they believe Mr. Stanford exited his vehicle and attempted to cross Interstate 95 on foot when he was struck by another vehicle traveling northbound. He was pronounced dead at the scene. The driver of the vehicle who struck him suffered bodily injuries and was taken to Union Memorial Hospital.

The police further noted that they do not believe that there are any contributing factors from the driver of the vehicle who struck Stanford. Contributing factors such as speed or alcohol do not appear to be an issue here.

The key inquiry in any pedestrian related accidents 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.

Minor accidents often turn into serious when people leave their vehicles after the impact and walk on, or stay too close to the roadway. Respect the fact that drivers often are not paying attention. This fact leads to fender benders. It can lead to death if you are a person walking on or near a roadway.

If you, a family member, or someone you know has been injured as the result of a pedestrian related accident, or if you would like more information on automobile collisions, please visit us on the web at http://portnerandshure.com or contact our office for a free legal consultation. Our Maryland personal injury lawyers are available to assist you.

Low Speed Police Chase in Frederick County

2010-05-19T17:46:53Z

On April 27, 2010, at approximately 2:45 p.m. a 22-year-old Keedysville woman was charged with fleeing and eluding and driving while impaired by drugs. The Frederick County Police Department saw a car slowly weaving on North East Street. Local traffic was steering around the vehicle in an effort to avoid colliding with the vehicle. After a short pursuit, the police officer apprehended the woman when he noted that she had an odor of PCP on her breathe. After further investigation, the driver was placed under arrest.

It goes without saying that situations involving alcohol or drugs have a greater potential of turning fatal. Driving while impaired is a very serious offense. Not only is a driver putting them at risk but they are putting innocent individuals in danger. Although this incident came to closure with no property or bodily injuries reported, this is not always the case. Most alcohol and drug related offense's end in automobile collision, personal injuries, property damage, or even fatalities.

The driver can be required to submit to a blood test to determine the quantity of PCP in her body. This test must be done within 4 hours of the arrest.

If you, a family member, or someone you know has been involved in an automobile related accident or if you are seeking a criminal defense attorney, feel free to contact us for a free legal consultation. You can also visit us on the web at http://portnerandshure.com. Our Maryland and Virginia accident lawyers are available to speak with you.