Car Accidents

Recent Maryland Pedestrian Accidents Lead to Fatalities and Injuries

June 9, 2009 | Lebowitz & Mzhen

Several recent Maryland traffic accidents have led to a number of pedestrian deaths and injuries. In Ocean City, a 44-year-old pedestrian died while trying to cross the Coastal Highway. The man was reportedly not in the crosswalk when he was hit by a 2008 Nissan Altima operated by Russell Charles Mass, Jr. Mass, 18, was charged with drunk driving. Police are investigating whether the pedestrian, who sustained fatal head injuries, had also been drinking.

In Frederick, Maryland, three men were charged last week for the death of pedestrian Elizabeth DiNunzio. The Mount Saint Mary’s University’s college senior was jogging last month when she was struck by a car driven by driver Joshua Cool on Old Emmitsburg Road. According to police, DiNunzio was running against traffic and in compliance with Maryland law.

While Joshua is charged with negligent driving, knowingly driving a vehicle that was uninsured, and not exercising the proper care to avoid striking a pedestrian, passengers Ann Cool and Joseph Cool were charged with knowing that they were riding in a vehicle that was uninsured.

Last month, a Clinton man sustained serious injuries in a Howard County pedestrian accident when he was hit by a car on Route 32 close to 95. Frank Trowell, Jr., 44, was taken to Shock Trauma in critical condition. Police are looking into the cause of the Maryland motor vehicle crash.

Also in May, a pregnant teenager and her friend were hit by a car in Crownsville. Police say that the driver of the vehicle, 23-year-old Karla Wagner, drove her 1999 Jeep off the road, striking the teens. One of the girls, who is 17, is from Crownsville. The other teenager, 19-year-old Melissa Truelove, was 7 weeks pregnant at the time of the Maryland traffic crash. Both pedestrians were knocked unconscious and later taken to a local hospital.

Following the Crownsville pedestrian accident, Truelove complained of bruising on her hip and back, pain in her left side, as well as vertigo. Her friend fractured her neck and both hips and also experienced bleeding in her kidney.

Pedestrian hit by car on Route 32 listed in critical condition, Explore Howard, May 29, 2009
Pedestrian Critically Hurt in Accident, WBAL.com, May 29, 2009
Three Charged In Accident That Killed Local Student, YourState, June 4, 2009
Pedestrian Injured In Late-Night Crash, MDCoastDispatch.com, June 5, 2009
Related Web Resources:

National Highway Traffic Safety Administration

Pedestrian Safety, Maryland State Highway Administration

Catastrophic Car Accident Victims and Their Families Ask Capitol Hill to Guarantee Products Liability Payments from Bankrupt General Motors and Chrysler

June 4, 2009 | Lebowitz & Mzhen

A number of catastrophic car accident victims and their families went to Capitol Hill in Washington DC on Wednesday to call on the Obama Administration and Congress to ensure their ability to obtain medical reimbursements from the now bankrupt General Motors and Chrysler. Both auto manufacturers have filed for Chapter 11 bankruptcies, which places car accident victims waiting for medical reimbursements from products liability settlements and verdicts into the category of “unsecured creditor” waiting along with everyone else for their payouts.

On Monday, a bankruptcy judge overruled the Ad Hoc Committee on Consumer-Victims of Chrysler LLC when he approved the sale of the company to Fiat. The group had asked for a retroactive insurance policy or a fund that would cover the costs of medical treatment and lawsuits. Last year alone, Chrysler paid more than $250,000 in medical settlements. Now, anyone that gets involved in a catastrophic or fatal car crash while riding in one of the approximately 10 million Chrysler cars will not be able to pursue products liability compensation if a motor vehicle was responsible for causing the defect. The vehicle occupants of about 30 million General Motor vehicles are facing the same dilemma.

About 500 to 1,000 serious injuries or fatalities involving defective car parts occur every year. The bankruptcies filed by the two car manufacturing giants prevents injured parties from holding them financially accountable for making cars that are defective enough to cause catastrophic injuries or death.

Examples of common kinds of car defects that can lead to catastrophic injuries:

• Defective tires
• Faulty engine
• Defective windows
• Faulty seat belt or safety restraint system
• Structural defects
• Seat back defect
• Design defects
Car accident victims fight for payouts, Washington Times, June 4, 2009
Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, RedOrbit, June 3, 2009
Related Web Resources:
GM and Chrysler’s bankruptcy cases at a glance, AP, June 4, 2009

Chapter 11 Bankruptcy Basics

Recent Maryland Motor Vehicle Accidents Cause Injuries and Deaths

May 30, 2009 | Lebowitz & Mzhen

Baltimore County police say that two people were sent to an area hospital after they were involved in an Owings Mills multi-vehicle collision on Friday that ended when one car drove into an M & T Bank branch. The Maryland traffic accident occurred when a Hyundai Sonata struck a Toyota RAV4 that was at a red light, which then hit a Lincoln Navigator. Meantime, the Hyundai drove over a curb and into the bank. Fortunately, no one inside the bank was hurt.

In a Baltimore car accident that also occurred on Friday, police are looking for the driver of a van that fatally hit a man riding a dirt bike on Chatham Road. The van’s driver failed to stop at the crash site. Police are asking for any information that could lead to the capture of the driver involved in the deadly hit-and-run Maryland motor vehicle crash.

Also on Friday, Clinton resident Franklin Trowell sustained critical injuries in Howard County when a car hit him on eastbound Route 32 close to Interstate 95. Trowell had been standing on the shoulder of the road examining another accident when the catastrophic Maryland car crash occurred. The driver of the car, Leonard Supsic, 55, reportedly lost control of the 1998 Chevrolet Cavalier that struck Trowell.

Maryland Personal Injury

It can take some time to determine how much financial recovery you are entitled to receive after you’ve been injured in a Maryland motor vehicle accident. This is why it is important that you don’t rush to settle your car accident claim immediately. Your injuries may be more serious than you think, which means they could cost significantly more to recover from than what original estimates suggest. There also may be other parties that can be held liable for your Maryland personal injuries.

Clinton man in critical condition after being hit by car, Baltimore Sun, May 30, 2009
Police seek van driver who fatally hit man on dirt bike, Baltimore Sun, May 30, 2009
Three-vehicle accident sends car into bank, Baltimore Sun, May 30, 2009
Related Web Resources:
Car Accidents Overview, Justia
Personal Injury, Nolo

Maryland Car Accident Lawyers: 508,000 Marylanders Will Drive 50 Miles or More This Memorial Day Weekend, Says AAA

May 21, 2009 | Lebowitz & Mzhen

According to AAA Mid-Atlantic, about 83% of the 609,000 Marylanders traveling 50 miles or more over the Memorial Day weekend will travel by car—that’s 508,000 motor vehicle riders. A decrease in local gas price is one of the reasons cited for an increase in road travelers from last year. Air travel is also expected to increase this year by 7%. Another reason cited for this rediscovered travel bug is that a poor economy has forced hotels, cruises, airlines, and car rental companies to lower their prices.

With more people getting into their cars and heading toward vacation destinations and family reunions, the roads will likely be more crowded this weekend. Traffic and the excitement and rush to arrive at a specific location can create a less relaxed travel climate that can increase the chances that a motorist might become involved in a catastrophic Maryland car accident.

Here are a number of safe driving tips to help you navigate your way through the Memorial Day weekend:

• Make sure you have your maps organized and travel routes planned before leaving.
• Check the Internet, listen to the radio, or watch TV to see where there may be traffic backlogs that you can avoid.
• Make sure that your car is in proper working condition before you head out.
• Have a roadside emergency kit with you.
• Get plenty of rest before you drive.
• Give yourself plenty of time to arrive at your destination.
• Take periodic breaks while driving so you don’t get lethargic or drowsy.
• Don’t speed.
• Obey traffic laws.
• Don’t talk on the cell phone or text message or read maps while driving.
• Drive defensively.
• Don’t drive drunk.

• Keep emergency numbers at your disposal.

More Marylanders to hit the road this weekend, Baltimore Sun, May 21, 2009
Related Web Resources:
AAA Mid-Atlantic
MD Roads

Prince George’s County Logs the Most Maryland Motor Vehicle Accident Deaths in 2008

May 11, 2009 | Lebowitz & Mzhen

The Maryland State Highway Administration says that of the 589 Maryland traffic deaths that occurred in 2008, 124 of those fatalities took place in Prince George’s County. That’s almost twice as many fatalities than in Baltimore County, ranked number two with the most traffic deaths at 52 fatalities. Montgomery County came next with 52 traffic deaths. Baltimore had 49 traffic fatalities, and Anne Arundel County recorded 48 traffic fatalities. Officials from Maryland, Prince George’s County, and municipal police have vowed to address the issue of traffic safety and determine why so many Maryland traffic deaths occur in this county so they can fix the problem.

The county also recently registered the largest amount of Maryland pedestrian deaths over the past decade. For example, of the 111 Maryland pedestrian deaths that occurred in 2007, a significant number of the fatalities occurred in Prince George’s County:

Prince George’s: 28 pedestrian fatalities
Baltimore: 17 pedestrian deaths
Baltimore County: 17 pedestrian fatalities
Montgomery: 15 pedestrian deaths
Anne Arundel: 8 pedestrian fatalities

There were 115 Maryland pedestrian deaths in 2008—and the fatalities keep coming in 2009. Just last month, in Prince George’s County, two young pedestrians, 19-year-old LaRenta Vondale McFarland and 7-year-old Richard Young, died after a Jeep hit them while they were crossing Central Avenue in Upper Marlboro.

According to Maryland Highway Administration spokesperson David Buck, driver error seems to be the leading cause of traffic deaths in Prince George’s County. Common types of driver error include:

• Driver fatigue
• Speeding
• Drunk driving
• Driving under the influence of drugs
• Failure to obey traffic rules
• Talking on cell phone
• Failure to use seat belts
• Text messaging

More 2008 Maryland Traffic Facts:

• About 100,000 Maryland motor vehicle crashes occur annually.
• 196 drivers died in Maryland auto accidents last year.

• 65 of these motorists were not using seat belts or were riding in cars that lacked airbags.

Too Deadly a Place to Drive, Washington Post, May 10, 2009

Maryland State Highway Administration

Related Web Resources:
Maryland Traffic Information, Federal Highway Administration

Prince George’s County, Maryland

US Department of Transportation’s Tougher Vehicle Roof Standards Should Provide Better Protection During Rollover Crashes

April 30, 2009 | Lebowitz & Mzhen

The US Department of Transportation has unveiled new roof strength standards that motor vehicle manufacturers must abide by beginning September 2012. Transportation Secretary Ray LaHood says that these newer, tougher standards should offer greater protection during rollover crashes.

Included in the National Highway Traffic Safety Administration’s new regulations:

• Light weight vehicles weighing up to 6,000 pounds will have to be able to withstand a force equivalent to three times the weight of the vehicle. This doubles the current standard requiring that roofs withstand a force that is 1.5 times a vehicle’s weight.

• For the first time, vehicles weighing 6,000 to 10,000 pounds will have to have roofs that can withstand a force equivalent to 1.5 times the motor vehicle’s weight.

All motor vehicles that have to meet these standards must be in compliance by 2017. Secretary LaHood calls rollovers the “deadliest” type of motor vehicle crash that exists today. However, he also wants people to remember that wearing a safety belt can also increase the chances of surviving a rollover accident.

Rollover Accident Facts

About 10,000 people are killed in US rollover accidents each year. Poorly designed roofs can cause the roof to become deformed, decreasing the amount of protection that occupants can avail of during a rollover accident. Just last month, the Insurance Institute for Highway Safety introduced its roof rating system for autos.

The rating system will hopefully help car buyers make informed decisions about how well certain vehicles ranked during IIHS testing. 12 SUV’s were tested and the ones that performed the best had roofs that were at least 2 ½ times stronger than the federal government’s current roof requirement standard.

Our Maryland motor vehicle crash lawyers are experienced in working on injury cases involving people hurt in rollover accidents. We understand the complex nature of investigating these kinds of motor vehicle crash cases and we have the experience and resources to successfully pursue your recovery.

U.S. DOT Doubles Roof Strength Standard for Light Vehicles, NHTSA, April 30, 2009
Roof strength is focus of new rating system; 4 of 12 small SUVs evaluated earn top marks, IIHS.org, March 24, 2009
Related Web Resources:

Roof Strength Rating, Status Report (PDF)

Work Zone Accidents Can Be Prevented if Motorists, Workers, and Construction Companies Exercise the Necessary Precautions

April 18, 2009 | Lebowitz & Mzhen

Many Maryland work zone accidents are avoidable, as long as workers, motorists, and contracting companies take the necessary precautions. For example, contractors need to make sure that construction zones are well marked and easily visibly. Workers should undergo safety training, be given the tools they need to make their work sites safer, and follow the safety rules. Motorists should pay attention and slow down when driving close to a work zone.

Driving too fast is the leading contributing factor of work zone accidents, with rubbernecking also another leading cause. Both workers and motorists are at risk of getting hurt in work zone accidents.

On June 26, 2007, Near Frederick, Maryland, state highway worker Rick Moser was killed when he was hit by a truck and thrown 175 feet while working in a highway work zone. Trucker Brian McCully was charged with negligent driving. He paid a $280 fine. The Motor Vehicle Administration gave him three points for the negligent driving charge. However, since this was a traffic citation, the truck driver didn’t have to go to court. The Moser family later filed a $2.5 million Frederick, Maryland wrongful death lawsuit against McCully for striking Rick with his Chevrolet truck.

Last February, Rick’s wife, Laurie, testified on House Bill 172 that calls for making it a misdemeanor to recklessly contribute to an accident in a highway work zone. The bill would impose a $1,000 fine and time in prison for up to 90 days. In 2007, Maryland police reported 2,250 highway work zone accidents in the state resulting in 11 deaths and 1,140 injuries.

Work Zone Awareness week was held earlier this month in the United States. Traffic safety officials want people to be especially aware of the dangers of careless driving in a work zone accident because spring is often the beginning of the construction season and the time when many motorists get back on the roads.

Work Zone Awareness Kicks Off, ABC2News.com, April 7, 2009
Widow requests tougher law for reckless driving, FrederickNewsPost.com, February 5, 2009
Family of highway worker killed in June files $2.5 million wrongful death suit, FrederickNewsPost.com, September 13, 2007
Related Web Resources:

National Work Zone Awareness Week 2009

US Department of Transportation

New Maryland Motorists Will Have To Pass Tougher Test to Prove They Are Ready to Drive On State Roads

April 17, 2009 | Lebowitz & Mzhen

According to the Maryland Motor Vehicle Administration, the state’s new driver’s license test requires new drivers to show off their driving skills on-road and off-road. This new test is reportedly tougher than the current version, and parents are especially are thrilled that their sons and daughters will have to prove they have the ability to pull off both kinds of road conditions before they can be fully licensed.

First-time drivers, experienced motorists who are licensed to drive abroad, and drivers who have to lost their license and have to take the test over again will all be required to take this new test. Drivers with licenses in other US States and Canada won’t have to take the driving test.

The new test, which is part of an on-road pilot project in Waldorf and Frederick, is expected to move to Baltimore and the Washington Metropolitan areas in the fall before being adopted throughout the state in 2010.

The MVA also says it will revise the written portion of the driver’s licenses test. The Maryland Highway Safety Foundation has been calling for changes to be made to the current test, which Foundation co-chairman David Nevis says puts too much emphasis on parallel parking and doesn’t pay enough attention to high-speed merging. MVA administrator John Kuo says the new test will emphasize defensive driving and test a driver’s actual driving skills.

It is important that all Maryland drivers understand the rules of the road so that they know how to drive safely. Negligent, careless, or reckless driving, driver ignorance, and other driving mistakes can lead to deadly Maryland car accidents and can be grounds for personal injury or wrongful death claims against the liable motorist.

Just recently, an 82-year-old Carroll County woman died in Sykesville when her car was in a collision with another vehicle. According to Police, Maggie Ringley Saylor ran a red light on route 26. She was later pronounced dead at a local hospital.

Maryland Senate Passes Speed Camera Bill

April 3, 2009 | Lebowitz & Mzhen

The Maryland Senate has passed a bill that would allow speed cameras in school zones and construction zones. The approval of the legislation, by a 27-20 vote, came one day after the Senate had vetoed the bill authorizing the statewide use of speed cameras to apprehend violators. The House is expected to vote on the measure next week.

A number of Maryland senators had opposed the bill over concerns that the cameras were an invasion of privacy and were being used by local governments to generate revenue. In Montgomery County, where 54 speed cameras are in use, some 500,000 citations have been issued, resulting in over $16 million in fines after costs. However, supporters of the speed cameras are quick to note that they have helped reduced the number of Maryland motor vehicle crashes because they compel people to obey the legal speed limits.

Also, an examination of several locations where speed cameras have been in operation shows that the speeds that motorists operated their vehicles at dropped by 22% after cameras were installed. For example, in Chevy Chase, there are speed cameras installed in a heavily traveled area of Connecticut Avenue. Since the devices were put in place, the number of speeding motorists dropped by 73%, as did the number of auto accidents (from 67 during the last year when there were no cameras to 44). Other Maryland municipalities where speed cameras are already in use include Takoma Park, Gaithersburg, and Rockville.

The Maryland Senate bill calls for making driving 12 miles above the speed limit grounds for a speeding ticket.

In February, the Insurance Institute for Highway Safety presented a number of research findings about speeding before the Maryland Senate Committee on Judicial Proceedings on Senate Bill 277. Among the findings:

• In 2007, speeding contributed to over 13,000 motor vehicle deaths.
• 24% of the deadly accidents that happened that year occurred on roads where the speed limit was 35 mph or lower.
• 88% of speeding-related deaths occur on interstate highways.

• Speeding can refer to going faster than the posted speed limit, driving faster than the weather conditions allow, or racing.

Maryland Senate Amends Speed Camera Bill to Include School Zones, WJLA.com, April 1, 2009
Senate Revives Bill to Allow Use of Technology Beyond Montgomery, Washington Post, April 3, 2009

Research on Automated Speed Enforcement, Insurance Institute for Highway Safety, February 24, 2009 (PDF)

Related Web Resources:

Maryland Senate Bill 277

Analysis of Speed Camera Bill (PDF)

Maryland Senate Votes for Text Messaging While Driving Ban

March 19, 2009 | Lebowitz & Mzhen

This week, the Maryland Senate approved by a 43 to 4 vote a bill banning drivers from text messaging whenever they are operating their motor vehicles. If the bill becomes law, it would make reading, composing, sending, or receiving text messages a misdemeanor crime punishable by a $500 fine. Maryland would also join a growing list of states and jurisdictions, including Virginia and Washington DC, that are banning text messaging—whether on a cell phone, PDA, or IPod Touch or another device—while operating a motor vehicle.

Sending short messages via cell phone or other electronic devices is a bad habit that has grown more popular in recent years—especially among younger, more inexperienced drivers. According to the AAA Foundation for Traffic Safety, one of its studies last year found that about 50% of young drivers, ages 18 – 24, text message while driving. The study found that among drivers ages 45 and older, less than 5% engaged in text messaging while operating a motor vehicle.

Text messaging is a type of distracted driving, and like all other forms of distracted driving, including talking on a handheld cellular phone, applying making, or reading the newspaper, can lead to deadly auto accidents. ABC News says that a 2006 study showed that 65% of near-motor vehicle collisions and 80% of auto crashes occur because of distracted driving.

For example, one Maryland child lost her right forearm in a catastrophic bus accident that occurred while the bus driver was texting on his cell phone. 30 people were injured in this Maryland motor vehicle accident. In another traffic accident, a 26-year-old woman died last year in a truck accident when she was struck by a tractor-trailer while the truck driver had been texting.

These kinds of catastrophic motor vehicle collisions could have been avoided if the drivers had not been engaged in distracted driving.

Md. Is Latest State to Target Text Messaging by Drivers, Washington Post, March 18, 2009
Texting While Driving Could Spell Trouble, ABC News, May 8, 2007
Driving and Dialing Bus Drivers May Case Accidents, ABC News, Feb 7, 2007
Related Web Resources:

Examination of Maryland Senate Bill 98 (PDF)

Cell Phone Driving Laws, Governors Highway Safety Association