Automobile Accidents

December 10, 2008

Accused Maryland Driver Walks in Fatal Motorcycle Accident Case: Court Scheduling Error Blamed

Charges against a Port Republic, Maryland driver blamed in a fatal motorcycle crash were dropped Nov. 5, because the State Trooper who made the traffic violation charges against her was not present at the trial due to a court scheduling error.

In Calvert County District Court, Sarah E. Brown, 50, faced charges of negligent driving, failure to yield right of way, and failure to secure a child under 8 in a safety seat in a collision on Aug. 1 that killed motorcycle rider Larry G. Hogan II, 43.

Also a resident of Port Republic, Maryland, Hogan worked for Southern Maryland Electric Cooperative for over two decades. He volunteered for the Dunkirk and St. Leonard fire departments and he enjoyed bowling. He was also a motorcycle enthusiast. Hogan was riding his motorcycle when motorist Sarah E. Brown turned her vehicle left onto Broomes Island Road and failed to yield to the motorcyclist. Hogan’s bike hit the rear of her vehicle and he suffered fatal injuries.

November 15, 2007

Maryland State Police Trooper Not Charged In High Speed Pedestrian Collision

by Jeff Butschky

A Frederick County, Maryland prosecutor has indicated that charges will not be filed against Trooper Dale Derr in the November, 2006 death of pedestrian Randy Rakes. This despite an internal State Police investigation, concluding that Trooper Derr, 23, was driving 83 miles per hour on the shoulder of the road before he hit the 38-year-old Rakes, who died at the scene.

Rakes’ family has filed a $15.8 million civil lawsuit against both Trooper Derr and the Maryland State Police. In a final attempt to spur a more detailed and thorough investigation, attorney David Ellin of Baltimore City, has sent a letter directly to the offices of Maryland Governor Martin O’Malley, asking him to intervene in the case. Ellin noted that the statute of limitations for civil charges is about to expire because the accident happened nearly a year ago.

The accident occurred near Rakes’ Finksburg, Maryland home, but the case was turned over to Frederick County, Maryland prosecutors due to the policy of the Carroll County State’s Attorney’s Office not to handle cases involving Carroll County law enforcement officers.

October 20, 2007

Anne Arundel County, Maryland State’s Attorney Says No Charges Planned In May, 2007 Fatal Chesapeake Bay Bridge Accident

by Jeff Butschky

Vehicle Trailer Was Not Properly Secured, But Authorities Say No Current Maryland Laws Exist To Charge Responsible Driver

The Baltimore Sun reports that the driver of a Lincoln Navigator, who failed to properly secure his trailer will not be criminally charged, despite a clear finding of responsibility for the deadly multi-car collision on the Chesapeake Bay Bridge this May. According to a lengthy police investigation, the driver of the Navigator, Stephen A. Burt of Rockville, Maryland was responsible for the deadly collision, however, prosecutors have decided that they have no grounds for charging him with any traffic offenses. Investigators determined that Burt had failed to use a safety hitch pin to secure the single-axle trailer to his vehicle. Without the pin to hold the trailer latch securely, the trailer came loose as it bounced on the westbound span of the bridge, according to the report.

Investigators concluded also that the chains used to pull the trailer were too long, allowing the front of the trailer to hit the ground, after it came unsecured.

Notwithstanding these findings, the Anne Arundel County state’s attorney’s office concluded that “no current regulations exist” that would justify charges in the case.