June 2010 Archives

Road workers throughout the United States are often struck during the course of their jobs. Additionally, they often cause other cars to strike each other because the work area is not properly designated or marked. Many of these automobile accidents often lead to tragedies. However, they can be avoided if the road workers are more familiar with, and follow safety procedures. In addition to State highway workers, companies that contract for road work are given copies of the safety rules.

Recently, a contractor was killed on Eastbound Rt. 50 when he was either deploying or retrieving traffic counting equipment. The employee was wearing reflective clothing. Safety rules require a spotter to assist the worker in these situations. No spotter was used. You can learn more about this accident in the Baltimore Sun http://www.baltimoresun.com/news/maryland/anne-arundel/bs-md-ar-pedestrian-struck-20100603,0,2076432.story.  Further, State highway needs to be notified ahead of time before contractors begin work. They can often lend support. In this instance, they were not called. In addition, to aid drivers, and workers, the rules state the shoulder should be marked off with a tapered line of orange cones blocking off the crew's vehicle, along with a sign warning of shoulder work. Neither was done in this case.

In appears that the State Highway dministrations http://www.marylandroads.com/Home.aspx rules for traffic work are routinely broken. As a result, serious accidents occur. If you are involved in any accident and believe it occurred due to the negligence of a highway worker call a Maryland or Virginia accident attorney at Portner & Shure, P.A. www.portnerandshure.com for a free consultation.

Gary Anthony Thorne was traveling northbound on Lee Highway, shortly after 4:00 p.m., Friday, May 21st ,when his SUV crossed over a median strip and six traffic lanes onto a bicycle path striking and killing a young teen, Abdel Ouahid Chadli.  The driver, Mr. Thorne who was to turn 32 the next day, also died at the scene, in Fairfax County, Virginia.

Mourning replaced the graduation celebration for Abdel Ouahid Chadli, a senior and wrestler at Fairfax High School.  The young man was the eldest of four boys who was a dedicated athlete and liked to work out at the gym and biked on the bike path for exercise on a regular basis.  Chadli had been accepted at George Mason University and had hoped to become a veterinarian.

Thorne's family reported that he had no known medical condition that might have caused him to black out and lose control of his vehicle, which resulted in this fatal car accident.  It was also believed that his SUV had been in good mechanical order.  Still, Fairfax police continue to investigate this unexplained accident.  

While it is believed that Thorne did not have any known medical condition, it does not mean that one did not occur.  In the event a medical condition was the proximate cause of this car accident, Chadli's family could be precluded from making a claim based on the "sudden emergency defense."  With the help of an experienced personal injury lawyer there are ways around this "sudden emergency defense", depending on the circumstances.  

Another possible cause of this accident could have been a phantom motorist cutting off Mr. Thorne's vehicle, which caused him to lose control of his vehicle in an attempt to avoid striking the phantom vehicle.  If this turned out to be the cause of the car accident, Thorne's family and Chadli's family would both be entitled to make an uninsured motorist claim for the  wrongful deaths of their loved ones.  

If you, a family member or someone you know has been involved in a car accident or you need more information on car accidents, wrongful death claims or sudden emergency defenses, please visit us on the web at http://www.portnerandshure.comor contact us for a free consultation with one of our Virginia Personal Injury Lawyers.