Car Accidents

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

Three Maryland Car Accident Lawsuits Sue Driver for Catastrophic 2008 Tractor-Trailer-Van Accident that Injured Six and Killed One

March 9, 2009 | Lebowitz & Mzhen

Three of the victims of a Maryland motor vehicle accident involving a passenger van and a tractor-trailer are suing the van driver for wrongful death and personal injury. Robin Poffenberger was transporting a group of seniors to a softball tournament in Olney, when he drove a 2003 Chevrolet Custom van into the path of a tractor-trailer.

One van passenger, 72-year-old Clifford J. Rice, died from his injuries. He was sitting in the front passenger side of the vehicle when the May 21, 2008 crash happened at the intersection of Interstate 70 and Md. 66. Six other people suffered serious injuries. The impact of the collision left the truck’s cab embedded in the side of the van.

Now, three Maryland car accident lawsuits have been filed against Poffenberger. Rice’s widow is seeking $4 million for medical costs, loss of her husband’s income, funeral expenses, his pain and suffering, wrongful death, her mental anguish and emotional trauma, loss of companionship, society, protection, attention, comfort, care, counsel, love, and advice.

AAA Says Most Teen Driving Accident Victims are Other Motorists, Vehicle Occupants, and Pedestrians

March 2, 2009 | Lebowitz & Mzhen

The AAA Foundation for Traffic Safety says most of the victims killed in teen driving accidents are people other than the teen drivers. The AAA compiled this information based on its analysis of 10 years of crash information.

According to its findings:

• Between 1998 and 2007, 28,138 victims died in teen (Ages 15 – 17) driving accidents in the United States.
• Between 1995 and 2004, 30,917 people were killed in teen driving accidents.
• Approximately 1/3 of fatalities are the teen drivers, ages 15 to 17.

• Almost 2/3rd of the other teen driving accident victims are the passengers in the vehicle, other vehicle occupants, bicyclists, pedestrians, and other motorists.

AAA Western and Central New York President and CEO Tom Chestnut says that these findings show how important teen driving safety is not just to the teenagers but to everyone involved.

The National Highway Traffic Safety Administration says the leading causes of teen driving deaths and accidents include:

• Driver inexperience
• Immaturity
• Speeding
• Drunk driving
• Failing to wear a seat belt
• Talking on the cell phone
• Listening to loud music
• Talking to other teenagers in the vehicle
• Driving at night
• Drug use
• Drowsy driving
The NHTSA recommends ways to reduce motor vehicle accidents involving teen drivers including:
• Eliminating teen access to alcohol.

• Graduated driver’s licensing program.

Maryland had strict driving laws for teenagers including:
• A teen driver must have a provisional license for six months before he or she can apply for a provisional license.
• A Maryland teen driver must undergo at least 60 hours of driving practice with someone 21-years-old or older who has had a driver’s license for at least 3 years.

• 10 of the practice driving hours must happen at night.

Teen crashes more likely to kill others, WIVB.com, March 2, 2009
Maryland Teen Driving Laws, About.com
Related Web Resources:

AAA Foundation for Traffic Safety

Maryland Website for Parents of Young Drivers

Maryland and Washington DC Drivers Should Watch Out for 10 Fatal Winter Driving Mistakes

February 24, 2009 | Lebowitz & Mzhen

The winter time can be a deadly time for Washington DC and Maryland motorists if they aren’t careful. Poor visibility and icy roads can only make the outcome of an auto accident, caused by negligent or careless driving, worse. To help prevent fatal auto accidents from occurring in snowy weather and icy conditions, Forbes.com offers a list of 10 common driving mistakes that can prove fatal in the wintertime:

1) Not checking the weather before you get in the car.
2) Driving too fast under current weather conditions. This can cause a driver to lose control of the vehicle on slippery roads.
3) Following too closely behind the vehicle or snowplow equipment in front of you. Allow greater distance between you and the other motorist than you would when there isn’t snow on the road. Do not drive using cruise control when the conditions are wet.
4) Overcorrecting your car on ice.
5) Driving while you’re tired.
6) Driving when there’s poor visibility.
7) Failing to get the car winter ready. Also, make sure you have an extra key that is easily accessible in the event that you get locked out of your vehicle.
8) Driving on back roads.
9) Not carrying an emergency tool with you, such as jumper cables, a spare tire, water, dried food, a cell phone, and warm clothing.

1) Leaving your vehicle if your car stops, which could be the warmest place for you to be.

According to a University of California, Berkeley, School of Public Health study:
• Poor weather is a factor in 1.5 million of the car accidents that occur every year, resulting in 800,000 injuries and 7,000 deaths.
• Almost 20% of highway deaths involved poor weather as a factor.

• Driving the day after the year’s first winter storm is the most dangerous day of the year to operate a motor vehicle.

The National Safety Council recommends a number of safety tips for winter driving, including:
• Tune your engine.
• Check your battery.
• Make sure the fluids in your car are at the correct levels.
• Make sure your car is equipped with the proper equipment, including tire chains, a snow scraper, and a snow shovel.

• Have first-aid supplies and a compass with you.

In Depth: 10 Deadly Mistakes Of Winter Driving, Forbes.com

Safe Winter Driving

Related Web Resources:
All-Weather Driving Tips, Road & Travel Magazine
Baltimore, Maryland Weather, Maryland Weather

New Maryland Drunk Driving Bills Focus on Underage Drivers and Repeat Offenders

February 12, 2009 | Lebowitz & Mzhen

In Maryland, there is a new bill that proposes the automatic six-month driver’s license suspension of any underage driver who is convicted of the illegal possession of alcohol. It would also then take the offender six more months than usual to get his or her license back. According to Maryland State Highway Administrator Neil Pederson, there are studies that indicate that “use and lose” laws compel young drivers to change their behavior so they don’t risk losing their driving privileges.

Another bill addresses the issue of Probation Before Judgment, which lets someone avoid a conviction and accompanying penalty points if he or she fulfills the terms of probation or the required treatment. The proposal would let people arrested and charged with drunk driving to be eligible for probation before a court judgment every 10 years rather than the current every 5 years.

A third bill calls for making it mandatory for Maryland police to ask any driver involved in a catastrophic or fatal auto crash to take a drunk driving test. This information would not be admissible in court but it would allow researchers to determine the role alcohol or drugs play in deadly motor vehicle accidents. Motorists, however, would not be punished for refusing to take the test. Currently, law enforcement officers are supposed to conduct drunk driving tests following serious auto accidents only when they believe a motorist was driving under the influence of drugs or alcohol.

According to Washington Regional Alcohol Program President Kurt Erickson, about 220 people a year died in drunk driving accidents between 2004 and 2007.

Drunk driving is a leading cause of motor vehicle deaths in the United States. The more state and federal governments can do to discourage people from getting behind the wheel and driving under the influence of alcohol or drugs the better.

In the event that you or someone you love was injured by a Maryland drunk driver, you may be entitled to receive personal injury compensation for your injuries, pain and suffering, and other losses.

Safety Activists Hopeful About Drunken Driving Bills, Washington Post, February 12, 2009

Maryland Drunk Driving Fines and Penalties

Related Web Resources:

National Highway Traffic Safety Administration

Maryland General Assembly

As Maryland Motor Vehicle Collision Splits Car in Half, One Montgomery County Student Dies and The Other Teen is Critically Injured

February 2, 2009 | Lebowitz & Mzhen

In a deadly Maryland motor vehicle crash that left the vehicle split in two, one Montgomery County high school student is dead and the other has serious injuries. The accident occurred on Sunday afternoon in Rockville.

The driver of the vehicle, 17-year-old Silver Springs resident Johvanny Garmendez, reportedly lost control of the vehicle, which raced down a hill and struck a tree. Garmendez survived the Maryland auto crash with critical injuries. His passenger, 17-year-old Rockville resident Thiago Andrade, was thrown from the 2003 Toyota Camry and pronounced dead at the accident site.

The Camry they were riding in split into two sections after striking a tree. Both parts rolled down the hill separately before landing in an apartment complex parking lot. Another car in the lot was damaged.

Police are trying to determine the cause of the auto crash. According to witnesses, the vehicle was driving at about 45 mph above the speed limit.

According to the National Highway Traffic Safety Administration’s 2007 Young Drivers (Ages 15 – 20) Traffic Safety Facts

• 6,982 young drivers were involved in auto accidents where there was at least one fatality.
• 3,174 young drivers died in auto accidents.
• 252,000 others were injured.
• 1,631,000 young drivers were involved in auto crashes in which the police became involved.

• 4% of young drivers involved in auto accidents resulting in injuries had been drinking.

Driver distraction, drunk driving, and driver inexperience are just some reasons why young drivers are involved in auto accidents.

According to the Choose Safety for Life Web Site:
• Nearly 20,000 Maryland auto accidents in 2006 involved young drivers.

• That same year, there were 102 auto accidents involving young Maryland drivers that resulted in fatalities.

1 Student Killed, 1 Hurt In Crash That Halved Car, Washington Post, February 2, 2009
Young Drivers, Traffic Safety Fact Sheet, NHTSA
Young Drivers, Choose Safety for Life
Related Web Resources:
Latest on New Driver Issues, NHTSA
Maryland Teen Drivers, DMV.org

Bill Proposes Maryland Reckless Driving Law

January 30, 2009 | Lebowitz & Mzhen

A bill that is calling for a Maryland reckless driving law would make it easier to prosecute reckless drivers if passed. The proposal calls for drivers who were responsible for causing a motor vehicle fatality because they exhibited negligence leading to “substantial risk” of safety to be charged with a misdemeanor crime. The penalty would be up to three years in jail.

Maryland Delegate Luiz R.S. Simmons (D-Montgomery) has been pushing for this law for five years. He claims that the state’s standard for proving vehicular homicide is too high.

Currently, some 30 US states have laws that allow reckless driving charges even if the driver did not exhibit “gross negligence.” The bill has died every year so far because the House Judiciary Committee chairman, Del. Joseph F. Vallario, has not called for a vote on the matter.

Maryland Multi-Auto Crash on I-70 Involving 42 Motor Vehicles Results in Multiple Injuries and at Least 2 Fatalities

January 20, 2009 | Lebowitz & Mzhen

A deadly multi-auto collision on I-70 in Washington County on Monday has resulted in multiple injuries and at least two fatalities. Maryland State Police say at least 7 tractor-trailers and 35 passenger cars were involved in the midday accident.

About 45 people were taken to a Red Cross shelter following the crash, which police are partially attributing to the snowy weather. Many of the accident survivors sustained bumpers and bruises. Some 12 people who were seriously injured were transported to Washington County Hospital.

The 40-plus auto pileup was just one of several Maryland multi-vehicle accidents to occur on icy roads. In Harford County, some 20 auto accidents had occurred by yesterday night, including a four-auto collision and another accident involving a car striking a guardrail.

National Safety Council calls for nationwide ban on cell phone use while driving

January 13, 2009 | Lebowitz & Mzhen

The National Safety Council wants all US states to ban motorists from using cell phones while driving. NSC CEO and President Janet Froetscher noted that talking on the phone while driving increases a driver’s chances of becoming involved in an auto crash by four times more than if he or she were driving without using one.

Currently, six US states have laws banning the use of hand held cell phones while driving:

• District of Columbia
• Washington
• California
• Utah
• New Jersey
• Connecticut

Seven US States have a ban on text messaging while driving:

• District of Columbia
• Connecticut
• Alaska
• New Jersey
• Washington State
• Minnesota
• Louisiana

While some localities within US states that do not have statewide bans have imposed their own cell phone restrictions, including bans on hand-held phones and text messaging and bans affecting teen drivers and school bus drivers, the states of Kentucky, Florida, Nevada, Louisiana, Oregon, Mississippi, Utah, and Louisiana prohibit their localities from imposing any such bans.

The NSC is quick to point out that just because someone is using a hands-free phone does not mean that he or she is now operating the vehicle safely. According to a Harvard Center of Risk Analysis 2003 study, cell-phone use while driving is a contributing factor in 6% of auto accidents each year. Some 2,600 deaths and 330,000 injuries result from such collisions.

According to a Nationwide Insurance public opinion poll, 81% of US drivers use a cell phone when driving. Froetscher notes that cellular phone use while driving is more dangerous than talking to a passenger who is in the same vehicle. While talking to a real person makes the driver aware that lives are at stake if he or she doesn’t drive safely, talking on the cell phone places the motorist’s attention not on the road and in the present moment but elsewhere.

In addition to pushing for a change in current driving laws, the NSC is advocating more education about the dangers that come from driving with a cell phone, as well as better training.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009
Safety council urges ban on cell phone use while driving, CNN.com, January 12, 2009

Related Web Resources:

Maryland Cell Phone Law, DMV.org
Washington D.C. Hands-Free Law, Driving Laws.org
Cell Phone Driving Laws, Governors Highway Safety Association