Maryland Car Accident Attorney Blog

If you you’re not doing it by now, you had better start. What are we talking about? Moving over a lane to give police officers, fire fighters and other emergency personnel a little extra margin of safety on Maryland’s highways. As a Baltimore automobile accident attorney, I know the kind of carnage that a motor vehicle can cause to a pedestrian, especially at high speeds. Maryland’s legislators finally took this to heart and passed what is known as the “Move Over” rule.

It’s been a few years since the new rule was proposed, but now that it’s law drivers across the state should be extra careful when coming up on a car, truck or motorcycle accident scene or even a routine traffic stop. The potential for severe injury during a traffic accident is quite high even for those traveling in vehicles.

Even so, serious head, neck and spinal injuries have been know to occur even at low speeds, which makes this new law a boon for our hard-working police and emergency personnel. And not a moment too soon, since over the past decade more than 150 police officers alone have been killed nationwide at roadsides when they were hit by passing vehicles.

The law, which went into effect back on October 1, had not been well broadcast to the driving public, according to some news outlets. For those who don’t know about it, the “Move Over” rule requires drivers to move over by one lane or to slow down whenever passing an emergency vehicle that has its blue or red flashing lights on. Failure to comply could mean a fine of $110 and two points on your driver’s license.

Seeing that the law is new and the public may not be totally familiar with it, police may give drivers only a warning, but rest assured this is serious business where the safety of emergency workers is involved. In fact, the law is written such that if a driver doesn’t move over or slow sufficiently when passing multiple emergency vehicles, the police could legally issue a ticket (with corresponding fine and points) for each of the emergency vehicles passed. In other words: two cruisers, $220 dollars. One cruiser and two ambulances, $330 dollars.

The law itself states that unless otherwise directed, a driver on a road that is sufficiently wide should merge left when there is an emergency vehicle with lights flashing on the right-hand shoulder ahead. If traffic doesn’t provide for a driver to safely merge, then the driver must slow to a "reasonable and prudent" speed, taking into account road and weather conditions.

There are no specifics in the law to indicate what "reasonable and prudent" actually is, however one might interpret that as a speed under the posted limit. Of course, traffic and road conditions are additional factors that could prompt a police officer to issue a citation to a motorist.

Ignoring the rule has its own disadvantages as the MSP has apparently stated that a driver who is speeding in the lane adjacent to a traffic stop could face multiple citations; one for speeding and one for not moving over or slowing down. One extra point to remember: The penalty for a violation that causes a crash is three points and a fine of $150. The fine increases to $750 if the crash results in death or serious injury.

Flashing red or blue lights say 'move over', BaltimoreSun.com, October 18, 2010

Anyone can find themselves the victim of a car-pedestrian accident, even a police officer. The truth of the matter is that car crashes and other traffic-related accidents occur with alarming frequency in cities like Baltimore, Annapolis and Frederick, MD. As a Maryland auto accident lawyer, my experience is that these kinds of collisions happen when one is least expecting it.

An unexpected pedestrian traffic accident can lead to personal injuries as serious as head trauma and concussions to those relatively minor bodily injuries such as cuts, abrasions and bruises. As negligible as some injuries may seem, medical treatment and hospital costs can add up to significant money for a family whose income may not be able to support such heady amounts.

No matter what the cause, anyone hurt in a traffic-related accident should consult a qualified personal injury lawyer if only to understand their options and how to proceed going forward. A family trying to deal with a fatal accident may also want to consider filing a wrongful death suit.

In a recent news article, police charged a driver with hit-and-run in the case of a Maryland State Police trooper being struck by a car along Interstate 495. According to reports, the accident happened on a Wednesday evening as the officer was attending to an earlier car crash scene. Police say that Barbara Ermler, 64, drove her vehicle through the accident scene just after 7:30pm on the outer loop of the interstate, hitting the officer in the process.

During the incident, the woman’s Toyota Prius struck the trooper’s right leg and also caused his right hand hit the passing car’s right-hand side mirror. Based on reports, the trooper rolled off the hood of the woman’s car as it drove away. The officer got into his patrol car and gave chase. The woman was pulled over not far from the scene of the accident.

As a result, Ermler was charged with failure to return/remain at scene of an accident involving injury, negligent and reckless driving, and failure to yield right of way to a police vehicle, which is part of the newly adopted “Move Over Law.”

Woman charged in hit and run of Maryland state trooper, TBD.com, October 21, 2010

Drunk driving is a known killer on Maryland’s highways and surface streets. And as long as alcohol is available to adults there will, sadly, be drunken driving accidents on our roadways. As a Maryland automobile accident attorney, I see reports every week of innocent people hurt, injured or killed as a result of another driver’s negligence.

In the case of driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol and prescription medication, drivers have a responsibility not to get behind the wheel of a motor vehicle when they are impaired. That’s why we have the concept of designated drivers; to help prevent serious and sometimes deadly drinking-related car, truck and motorcycle accidents from happening.

Some might say it’s a matter of conscience, but it should really be a matter of personal responsibility to oneself and the rest of society. Yet there are drivers every day who take the wheel of a potentially deadly two-ton weapon when they know full well that they have had too much to drink. Many get from Point A to Point B without killing someone; others aren’t as lucky. The innocent drivers who are killed or injured are always the unlucky ones.

In some instances, drunk drivers end up dying themselves. Not long ago, police reports showed that a Silver Spring man may have been drunk when he crashed his car along a stretch of US 29 early on a Saturday morning. According to news articles, 19-year-old Kyle Joseph Lancon was headed north along the southbound lanes of US 29 when his Honda Civic hit another car head-on.

Police stated that the Lancon and the driver of the other vehicle, 20-year-old John Park, were both taken to Maryland Shock Trauma Center. Lancon died the following day, while Park was in critical condition at the time of the article. A preliminary police investigation showed that Lancon was at fault, and that speed, alcohol, and the failure to wear a seatbelt may have all contributed to the crash.

Based on court records, Lancon had a number of traffic violations in the past year alone. The man was stopped for speeding in excess of 20mph over the posted limit on three separate occasions. His most recent citation was for running a flashing red light.

Silver Spring man dies in Laurel crash that hurts another, BaltimoreSun.com, October 11, 2010

Drivers see the signs all of the time: Construction Zone, Reduced Speed Ahead, Give ‘em a Brake. As Maryland motorists we enjoy the convenience that our highways and interstates provide and the ease with which we can cross the state or the country in our cars, trucks and buses. But the construction and maintenance of these concrete and asphalt ribbons is a constant job. That’s where highway workers earn their keep.

But safety for these men and women is a relative and fleeting thing. With hundreds of passengers cars, motorcycles, SUVs and commercial delivery trucks passing by construction zones every hour the opportunity for injury is always present. How those individuals function in such a dangerous environment most of us will never know, the fact is a number of highway workers are killed every year as a result of car accidents and just plain negligence on the part of some drivers.

Families of the victims may have a hard time making ends meet, what with possible medical bills and lost wages suffered as a result of a construction zone crash. Whatever the situation, it’s never easy for a family to recover emotionally from the death of a breadwinner, much less a mother or father, wife or husband. This comes to mind just a story hit the wires about two Maryland highway workers who were killed not very long ago on a stretch of Rte 228.

According to reports, the crash occurred near Berry and Bensville roads in the early afternoon. Based on police reports a westbound Volkswagen SUV apparently left the roadway and struck three workers in the median. Two of the individuals died of injuries sustained in the crash. Police reports show that the three were cleaning up the area along Rte 228 in Waldorf around 1:30pm when the passenger car hit them.

Two highway workers killed in Waldorf crash, SoMDNews.com, October 21, 2010

If there is any advice that we would give to people it would be take care whenever you cross the street on foot. Regardless of how well you know a stretch of road, never for a moment assume that cars and trucks will see you in the street, especially at night. As Baltimore personal injury attorneys and auto accident lawyers, I and my colleagues have the skills to help victims of car, truck and motorcycle accidents, as well as pedestrian-auto collisions.

The sad thing is we seem to be constantly bombarded by stories of pedestrian injury accidents, and sometimes fatal crashes. Again, when crossing a busy city street or a quiet country road, exercise the same caution you would want a loved one to use. The reason is simple: People on foot are no match for a larger and much heavier motor vehicle. Injuries sustained in a pedestrian-auto accident can range from cuts and bruises to traumatic brain injury and death. Cross the street safely and live to see another day.

As we say this, we are aware that accidents like the one that happened recently in Pasadena, MD, will likely continue to occur. According to the news, a man who was trying to cross the road in Pasadena was stuck and killed by a passing car. Police reports indicate that the victim, 49-year-old Adam J. O'Conner, was hit while crossing Fort Smallwood Road around 11pm.

Anne Arundel Police say that O’Conner was wearing dark clothes and was not in a designated crosswalk area when he was hit by a 2010 Honda Accord driven by 29-year-old Scott T. Berenbach. Reports show that officers found O'Conner lying in the road with what appeared to be life-threatening injuries. He was taken to Maryland Shock Trauma Center in Baltimore but apparently died of his injuries some time later.

Pasadena pedestrian dies of injuries after being hit by car, BaltimoreSun.com, October 3, 2010

Anytime a person dies in a traffic accident it is a tragedy, but when a young person is killed in a car crash the hopes and dreams of that child’s family also die. An entire future erased in a matter of moments. As a Baltimore auto accident lawyer and personal injury attorney, one of the most painful experiences is meeting with the parents of a child lost to a senseless car or trucking crash.

As drivers we are all expected to take care and use caution when traveling Maryland’s highways and surface streets. Of course, accidents happen, but no one wants to experience a fatal crash that takes the life of a loved one. When an individual, young or old, is killed as a result of another person’s negligence, it may be appropriate to file a wrongful death claim.

These kinds of law suits allow members of a family to receive compensation for their loss. While the death of a child does not usually result in lost wages, compensation is still possible in such cases. For example, compensation can also be for loss of comfort, love and or companionship, not just and financial support. One must always keep in mind that death does not preclude recovery for any suffering or pain that the victim may have experienced prior to death as a result of another’s wrongful or negligent actions.

This all came to mind when we read of a teenager killed in a traffic accident in Allegany County not long ago. According to the news report, the two-vehicle crash occurred on US Rte 220 near Cumberland, MD. Fourteen-year-old Emily Crites of Maryland Avenue was riding as a passenger in a Chrysler Sebring was killed when the driver of that car failed to obey a stop sign at Robertson Lane just before 4pm.

As the car, which was being driven by a 17-year-old male, entered the roadway a GMC pickup truck slammed into the passenger side of the vehicle. A police officer in the area heard the sound of the collision and rushed to the crash scene within minutes. The patrolman reportedly administered emergency medical care to the young victim while waiting for fire and emergency responders to arrive.

Shortly thereafter rescuers transported both occupants of the car, as well as the 74-year-old pickup truck driver and his passenger, to Western Maryland Regional Medical Center. Sadly, doctors could not save the young girl and she died of her injuries at the hospital, according to police reports.

Teen dies following U.S. Route 220 crash, Times-News.com, October 4, 2010

Accidents happen for numerous and varied reasons. The ones that occur due to driver error are quite common and can range from simple fender-benders to deadly high-speed head-on collisions. As a Maryland personal injury lawyer working to help victims of automobile, trucking and motorcycle accidents, I know the pain and sadness that comes in the wake of a tragic and fatal traffic wreck.

When a person is believed to be at fault, it’s sometimes easier for a victim’s family to focus their anger. On the other hand, sometimes there isn’t an immediately known reason for a terrible car accident that takes the life of a loved one. Defective vehicle equipment, which usually comes under the heading of product liability, has no face and can sometimes be difficult to come to terms with.

No matter what the cause, when a person dies in a single-vehicle crash, questions loom both for the family and for the authorities. Police and other forensic investigators can usually get to the bottom of the cause for a loss of vehicle control. It’s not unheard of for a car or truck’s braking system to have proven faulty or poorly maintained. With such a critical safety system compromised by another’s negligence, a mechanical failure can quickly escalate into a fatal car or trucking accident.

A news article not long ago described a single-car crash that took the life of the driver. While no decision had been reached as to the cause of the accident, police were in the course of investigation the incident at the time of the article.

According to the report, a 41-year-old Reisterstown man was killed when the Chevrolet Corvette he was driving went out of control in Westminster, MD. Police reports show that Bruce Samuelson was driving southbound along Rte 140 near Market Street when for some reason he lost control of his vehicle. The car crossed the road, went over a curb and hit two other parked cars before coming to a stop in a parking lot.

Emergency responders arriving on the scene found Samuelson trapped inside his vehicle. After freeing him from the Corvette, Samuelson was rushed to Carroll Hospital Center where he was pronounced dead on arrival. Maryland State Police were still investigating the crash at the time of the article and had yet to determine the actual cause.

Reisterstown man killed in serious crash in Westminster, ABC2news.com, October 7, 2010

Automobile collisions are not uncommon, even in these days of heightened safety awareness. As a Maryland auto accident attorney, I and my colleagues read of people being hurt in car and commercial truck crashes more often than one would expect. Although civilians are exposed to potential traffic hazards on a fairly regular basis, there is no argument that police officers on daily patrol face similar dangers almost continuously during their entire work day.

While car and truck collisions can be serious, the occupants are relatively well protected when compared to a person on foot or on a bicycle. Of course, the result of a car-pedestrian crash is never good for the person on foot. Broken bones, head trauma and neck or spinal injuries are quite common. Internal injuries, cuts and bruises are also typical in accidents involving people crossing roads and walking near traffic.

Not too long ago, a news article mentioned that two police officers were hurt in separate traffic accidents on the same day. According to reports, both officers were from the St. Mary's County sheriff's department and were injured on a Tuesday in unrelated vehicle accidents. Fortunately, both officers survived without severe injury.

The first incident happened to off-duty Corporal Timothy Butler who was traveling on his bicycle along Indian Bridge Rd. when his bicycle was hit be a late model GMC Sierra driven by 63-year-old Terry Dale Blackburn. According to police reports, Butler was flown to the Baltimore Shock Trauma center where he was treated and released. The driver of the truck was not injured and police said the accident was still under investigation with potential charges pending against Blackburn.

The second crash happened to police Sergeant Harold Young along Pegg Road. According to news articles, Young was driving eastbound in a Ford Crown Victoria when a Ford Explorer, driven by 26-year-old Carlton Baldwin failed to yield the right-of-way and subsequently collided with Young's car.

Young was taken to St. Mary's Hospital by ambulance where he was treated and released. Baldwin, who was uninjured in the crash, was issued a citation for failure to yield.

Motorists Injure Two Deputies in Two Separate Accidents, SoMD.com, September 22, 2010

We’ve said it here before, and we’ll say it again; Pedestrians and bicyclists are no match for a 3,000-pound motor vehicle even at low speeds. Physics cannot be changed and when a flesh and blood person is hit by a car, SUV or commercial vehicle, serious injuries are certain to result. And that’s if the individual is lucky enough to survive the crash -- many people are killed outright when hit by a passenger car on the street.

Naturally, pedestrians and cars should remain apart whenever possible, but the reality of our modern age means that accidents are bound to happen from time to time. A recent news story made it rather clear that anyone can be caught in a pedestrian-auto accident even if the car is being driven by a highly trained professional, such as a police officer.

According to reports, a man in his 60s was hit by an unmarked police cruiser on a Monday night as he walked across Rte 4 in Prince Frederick. The accident happened just before 8pm when a Calvert County Sheriff's Office deputy was passing through the area on what police call a routine patrol.

Based on police reports, the officer was driving northbound on Rte 4 not far from the Fox Run Shopping Center. It would appear the officer did not see the pedestrian who was reportedly wearing dark clothes and crossing in an area not designated as a crosswalk. Following the collision, the victim was transported to Calvert Memorial Hospital, but doctors were unable to save the man who was pronounced dead.

A Maryland State Police trooper, who was reportedly following the sheriff’s deputy when the accident occurred, stated that the officer’s cruiser was going at or below the 45mph speed limit at the time of the crash. One contributing factor may have been weather; it was raining at the time and visibility was reduced as well, according to the police accident report.

Pedestrian killed on Route 4, SoMDNews.com, September 28, 2010

Once again the senseless loss of life hits the news. This time, Maryland State Police point to speeding and aggressive driving as the likely cause of a horrendous accident that left three adults and one toddler dead in the aftermath. Describing the crash, law enforcement authorities say that the multi-car crash was “uncommonly violent.”

As a Baltimore personal injury lawyer who represents victims of traffic collisions and other automotive accidents, I have helped individuals following bad accidents. This particular crash likely should never have happened. One can only feel for the families of those killed and hope that the survivors make full and rapid recoveries.

According to the news reports, the head-on collision and subsequent deaths and injuries began when a Nissan Cube stuffed with seven individuals was being driven in what police termed and aggressive manner northbound along Rte 113. Based on reports, the driver of the vehicle was traveling very fast and passing other cars on the road in posted “no-passing” zones.

Finally, around 5pm, 53-year-old Carmelo Dominguez apparently attempted to pass a tractor-trailer rig, once again in a no-passing zone. During the attempt, the Nissan collided head-on with a southbound Honda CRV. According to police, the force of the impact caused the Nissan to be thrown upward against the side of the semi trailer.

As a result of the crash, four of the seven occupants in the Nissan were killed, including the driver. Of the four, the driver’s wife, 48-year-old Evelyn E. Morales; their daughter, 23-year-old Natasha E. Dominguez; and the man’s grandson, Jose Dominguez, just two years old.

Three other occupants in the Nissan were injured, including two other young children -- Yasmine Dominguez-Astacio, 4, and Christina Gonzalez, 9. All three were transported to Baltimore’s Johns Hopkins Hospital for treatment of their injuries.

Drivers of two other vehicles were also injured, including 41-year-old Mary M. Jones who was listed in good condition at the time of the news report, and 23-year-old Daniel H. Nelson. Nelson was taken to University of Maryland Shock Trauma Center where he was listed in critical but stable condition. The driver of the semi was not hurt in the crash.

Speeding driver blamed for crash that killed four, DelmarvaNow.com, November 4, 2010

Defective automotive equipment can be just as deadly as a drunken driver when it comes to traffic accidents and fatalities on Maryland roadways. As a Baltimore car accident lawyer and personal injury attorney, I understand how poorly designed or maintained safety systems on cars, trucks and commercial motor vehicles can result in catastrophic roadway crashes leading to injuries and possible death.

Both the vehicle manufacturers and the maintenance facilities for those vehicles must do their part to ensure that all systems work as designed. Defective equipment can ihis include braking systems, steering components, lights and seatbelts, among others. If any system fails to work properly it could cause an accident or make any future accident more dangerous for the occupants, not to mention those motorists in the vicinity of a serious crash.

According to news articles, a law suit against the Japanese auto maker, Toyota, claims that the company knew as far back as 2003 about the possible acceleration risk on some of its vehicles. Based on reports, a Toyota technician stated in 2003 that sudden acceleration is an "extremely dangerous problem." This was a full six years prior to the first of many recalls that the company has had to issue.

According to a suit filed against the auto giant, the unnamed Toyota employee "requested immediate action" following an investigation of alleged unintended acceleration reports. Back in 2003, that unidentified Toyota employee reported wrote in a field report, "We are also much afraid of frequency of this problem in near future."

According to news articles, Toyota believes that reliable scientific evidence will demonstrate the safety of their vehicles through ongoing investigations which it expects to bring forth in court.

As a result of the unintended acceleration issue, more than 300 federal and state lawsuits have been lodged against Toyota. These include proposed class action suits dealing with economic losses, as well as personal injury and wrongful death claims due to sudden-acceleration incidents.

Toyota Knew in 2003 of Acceleration Risk, Suit Says, SFGate.com, August 2, 2010

As a Maryland car accident and injury lawyer, I have seen the unfortunate results of far too many automobile crashes. While some traffic collisions are unavoidable, many could have been prevented if a driver had paid more attention to avert a car or trucking accident. Quite frequently, especially when driving is involved, simple common sense would have made the difference between life and death.

Sadly, we can’t predict when such factors will conspire to cause a car, truck or motorcycle wreck. But ultimately, people are responsible for their own actions. Take the issue of drinking and driving, which is a hot topic in most anyone’s book. Drunk drivers cause more than their share of costly and sometimes fatal traffic crashes. A news article not long ago illustrates what can happen when alcohol is mixed with motor vehicles.

According to reports, a 40-year-old driver from Hagerstown man was charged with drunken driving following a multi-vehicle accident along Md. 180 near Himes Ave. in Frederick, MD. The crash occurred on a Monday afternoon during the busy rush hour and was apparently made worse by rain and slippery road conditions.

Based on information coming out of the Maryland State Police, Larry Alan Houck was behind the wheel of a Chevy Silverado pickup truck when he allegedly ran a red light at a busy intersection. His vehicle collided with another passenger car then continued traveling eastbound, running head-on straight into two other cars in the opposing lanes.

The incident happened just before 5pm in the afternoon. Police arriving on the scene had just left the site of a previous crash where a Honda Civic had skidded off the southbound lanes of US 15 and into a tree on the side of the road. According to police reports, Houck could barely stand up and was apparently drunk. He refused to take a field-sobriety test, as well as a breathalyzer test.

Drivers of the three other vehicle hit by the drunken man were treated at Frederick Memorial Hospital. Fortunately all of the victims suffered non-life-threatening injuries. A passenger in one of the four vehicles was reportedly unhurt.

Houck himself reportedly complained of chest pain following the accident and was also taken to the hospital for treatment. According to police, the man claimed he did not even remember the accident. Police charged the man with DUI, DWI, failure to obey traffic light, and negligent driving. At the time of the news article, he was being held in lieu of $25,000 bail.

Drunken driving suspected in four-car crash, FrederickNewspost.com, September 29, 2010