Car Accidents

Prince George’s County Officer Sued for Wrongful Death Following Deadly Maryland Car Crash Will Not Be Prosecuted for Vehicular Manslaughter

January 6, 2009 | Lebowitz & Mzhen

In Maryland, the State’s Attorney for Prince George’s County says that police officer Mario Chavez will not be prosecuted for vehicular manslaughter in the Maryland car accident death of Brian Gray. The 20-year-old Bowie resident died in December 2007 when his vehicle was struck by the police car driven by Chavez, who did receive a speeding ticket for his role in the auto crash.

A police probe placed responsibility for the traffic collision on both Chavez and Gray. Their investigation concluded that Chavez was speeding, driving 50mph in a 20mph area zone, and that Gray, who was coming out of an intersection, pulled out in front of the police officer’s vehicle.

During his deposition, Chavez, 30, said he consumed several drinks the night before the deadly car accident and spent the night at a friend’s house. He was returning home to get ready for work when the auto crash happened early the next morning. Following the fatal motor vehicle collision, Gray’s family sued Prince George’s County and Chavez for wrongful death. They are seeking $2 million.

Teen Car Accidents May Be Reduced with Later School Start Time, Says Study

December 16, 2008 | Lebowitz & Mzhen

A new study shows that starting the school day a little later may reduce the chances of teen car crashes, personal injuries, and death. A later school start time allows teens to sleep more in the morning, which, researchers say, leads to more alert driving.

By moving the beginning of classes at local high schools by 1 hour from 7:30 am to 8:30 am, researches saw a 16.5% drop in teen auto accident rates.

Psychologist Fred Danner, who coauthored the study, says adolescents are biologically programmed to stay awake an hour later every night. Danner says teens in general need 8-9 hours of sleep. If teens gets an hour less sleep during school nights, by the week’s end, they can be as impaired as if they had stayed awake for 24 hours in a row.

The study surveyed 10,000 kids, in grades 6 through 12, to determine sleep habits, auto accidents, and daytime functioning. Surveys were conducted twice. In 1998, when the school start time was at 7:30am and in 1999, when school would start at 8:30am. The study appears this week in the Journal of Clinical Sleep Medicine.

According to the National Sleep Foundation:

• Driver fatigue is the cause of 100,000 motor vehicle crashes each year.
• More than 50% of the drivers involved in these crashes are young drivers, ages 16 to 25.
• 85% of teenagers get less than 8 ½ hours of sleep each night.
• Drowsy driving after not having slept for 18 hours is the equivalent of drunk driving with a BAC of .08% or more.

• Not getting enough sleep can impair a person’s ability to make decisions, think clearly, and pay attention. It can also impair one’s reflexes.

A 2006 survey found that 51% of high school students have driven a motor vehicle when they were drowsy. Out of 262 college students that were surveyed, 17% of them admitted to falling asleep while driving.

Later School Start Time Cuts Teens’ Car Crash Risks, Washington Post, December 15, 2008

National Sleep Foundation

Related Web Resources:

Journal of Clinical Sleep Medicine

NHTSA

Even Though AAA Mid-Atlantic Expects There To Be Less Maryland Drivers Traveling This Thanksgiving, Motorists Should Still Exercise Caution to Prevent Motor Vehicle Accidents

November 25, 2008 | Lebowitz & Mzhen

According to AAA Mid-Atlantic, fewer Maryland motorists are expected to travel long distances this Thanksgiving than the number of Marylanders who traveled last year. While AAA estimates that 795,200 Maryland residents will travel no less than 50 miles, this figure is 1.5% lower than the number of travelers during Thanksgiving 2007. This is also reportedly the first time that there has been a drop in the number of people traveling for Thanksgiving since 2002.

Additional AAA figures involving Maryland motorists include:

• Some 650,000 Marylanders will travel by car.
• About 84,000 will ride in planes.

• Travel by bus and train are expected to be more popular modes of transportation this year than in 2007.

Even if the roads are less crowded this holiday weekend than they have been in past, many people are still expected on Maryland and other US roads. This is one reason why it is so important that drivers exercise caution to prevent motor vehicle accidents—especially if there is rain or snow on the roads.

The National Safety Council provides tips for safe driving in winter-like weather:

• Make sure your engine is tuned-up.
• Consider using winter-weight oil.
• Adjust your bakes.
• Check your vehicle’s battery.
• Ensure that your wiper blades are cleaned and working correctly.
• Carry tire chains in your vehicle—just in case.
• Drive slowly—especially in ice or snow.

• Know how to driver your motor vehicle if it skids.

In the event that you or someone you love is seriously injured in a Washington DC or Maryland motor vehicle accident, it is important that you seek legal counsel before trying to work out a deal with the other party’s insurance company.

AAA: Fewer Marylanders plan to travel for Thanksgiving, Baltimore Sun, November 25, 2008
Safe Winter Driving, Syracuse.com/The National Safety Council

Related Web Resources:

Maryland Weather

AAA Mid-Atlantic

Maryland Woman Dies After State Trooper Hits Her Car, Pushing the Vehicle into a Tractor-Trailer

November 22, 2008 | Lebowitz & Mzhen

A Delmar woman died in Dorchester County on Friday evening after the car she was riding in was pushed into the back of a tractor-trailer by a Maryland state trooper’s car on Eastbound Route 50. Kristin Underkoffler was taken to Dorchester General Hospital where she was pronounced dead.

The 34-year-old driver was sitting in traffic in her 2008 Hyundai when Trooper First Class Paul Zimmerman’s patrol car slid on a patch of ice and struck her vehicle. Zimmerman’s sirens and emergency lights were activated as he headed to an accident scene at the Vienna Bridge.

Underkoffler’s car rotated clockwise before hitting the tractor-trailer’s rear. Zimmeran’s vehicle also struck the truck, but he only sustained minor injuries. He got out of his car to assist Underkoffler until emergency workers arrived at the auto crash scene.

The tractor-trailer driver was not hurt. The Maryland State Police says they still do not know what speed Zimmerman was driving when the crash happened, but a complete investigation is under way. Several other motor vehicle crashes had occurred that day because of ice on the roads.

Speeding and driver distraction are two of the leading causes of United States traffic accidents, and it is the responsibility of all motorists, including working police officers, to make sure that they do not endanger other motorists and pedestrians. Failure to obey the rules of the road and pay attention to pedestrians and other drivers can be grounds for a personal injury claim or wrongful death lawsuit if someone gets hurt or dies.

According to the National Highway Traffic Safety Administration, 314 people died during police chases in 1998. 2 victims were cops, 198 victims were the objects of pursuit, and 114 victims were not directly involved in the police chase.

Md. state police: Woman dies in crash with trooper, Examiner.com, November 22, 2008
Delmar woman dies after state trooper strikes her idling car, Baltimore Sun, November 22, 2008
High-speed police pursuits: dangers, dynamics, and risk reduction, Bnet.com, July 22, 2002

Related Web Resources:

Maryland State Police

Car & Driving Safety Tips, Nationwide.com

Deadly Maryland Car Crash Could Have Been Prevented if Police Had Arrested the Driver for Leaving Another Accident Scene Less than Two Hours Prior

November 13, 2008 | Lebowitz & Mzhen

A Maryland car crash that led to the deaths of Katherine Brady and her son Wilson in Harford County last Friday could have been prevented if police had arrested the driver accused of causing the accident for fleeing the scene of another motor vehicle collision less than two hours prior, reports the Baltimore Sun.

While police maintain that they acted appropriately when they issued Christopher Lentz a summons after he failed to stop at the scene of the first auto crash he was involved in that day (leaving a traffic crash scene is not a mandatory arrestable offense in Maryland), others are questioning why he wasn’t arrested.

The first auto accident took place on Route 152 in Joppa at around 3:30pm when Lentz allegedly drove across the center line and struck a minivan. Seven children who were in the minivan at the time of the traffic crash were transported to a hospital for evaluation.

The 37-year-old Glen Arm motorist then reportedly kept driving for half a mile until his vehicle became disabled. Police charged him with failure to stop at an accident scene, failure to drive right of center, failure to provide the other motorist with insurance information, and failure to control the speed of his car to avoid a crash.

Some 90 minutes later, Lentz, who was driving another motor vehicle, crashed a 2004 Jeep Cherokee SUV head-on into a mini-van on the Bel Air Bypass. Katherine Brady and Wilson, 8, died in the accident. Her husband Stephen, 2-year-old son Ian, another motorist, and Lentz were taken to hospitals for treatment of their injuries.

Lentz has a record of previous driving offenses. He has been issued a number of speeding tickets and his license has been revoked once and suspended at least twice. Thirteen years ago, he was convicted for driving under the influence.

Police say that they will likely charge Lentz for his involvement in the second crash.

Driver could have been arrested before fatal crash, Baltimore Sun, November 13, 2008
Maryland Mother and Her Son Are Killed and Four Others Are Injured in Multi-Vehicle Crash on Bel Air Bypass in Harford County, Lebowitz & Mzhen, November 9, 2008

Related Web Resources

Wrongful Death, Justia

Maryland Mother and Her Son Are Killed and Four Others Are Injured in Multi-Vehicle Crash on Bel-Air Bypass in Harford County

November 9, 2008 | Lebowitz & Mzhen

A deadly multi-vehicle accident in Maryland on the Bel Air Bypass in Harford County on Friday afternoon has left two people dead and four others injured. Maryland State Police have identified the deceased as Perry Hall resident Katherine S. Brady and her 8-year-old son Wilson.

Katherine and Wilson were riding in a minivan with her husband Stephen and their other son, 2-year-old Ian, when their vehicle was hit head-on by a Jeep. While Katherine and Wilson were pronounced dead at the crash site on US 1, north of the Vale Road overpass, Stephen, who had been driving the Saturn Relay minivan, was transported by medevac to Maryland Shock Trauma Center where he was admitted in critical condition. Ian was flown to Johns Hopkins Children’s Center, where he was treated and later released.

Police say that the driver of the Jeep Cherokee, Glen Arm resident Christopher Lentz, was driving on the should of the road when he lost control of the vehicle, crossed over the median, and crashed into the minivan before also striking a 2004 Ford van.

Lentz was flown to Maryland Shock Trauma for treatment of his injuries. The driver of the Ford was admitted to Johns Hopkins Bayview Medical Center where, on Friday, he was listed in good condition.

Maryland State Police say they plan to press charges against Lentz for his involvement in causing the deadly auto crash on the bypass. Residents that live near the Bel-Air Bypass have called the road “risky.” Last year, one person died and another sustained injuries in another head-on crash on the bypass.

Charges likely in fatal crash, Baltimore Sun, November 9, 2008
2 die, 4 hurt in rush-hour crash on Bel Air Bypass, Baltimore Sun, November 7, 2008

Related Web Resources:

Motor Vehicle Related-Injuries, CDC
National Highway Traffic Safety Administration

NHTSA Reports That 22 Children, Age 14 and Under, Died in Maryland Traffic Fatalities in 2007

October 24, 2008 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, 1,670 of the 41,059 traffic fatalities that occurred in the United States in 2007 were child victims, age 14 and younger. 22 of those fatalities occurred in Maryland. 3 of the child traffic deaths occurred in Washington DC.

The National Center for Health Statistics says that auto crashes are the number one cause of death for children ages 8 to 14 and 3 to 6. Last year, 385 child vehicle occupants, age 4 and under, died in motor vehicle crashes.

More 2007 NHTSA Traffic Accident Statistics About Children, Age 14 and Under:

• 245 of the 1,670 child motor vehicle deaths involved at least one drunk driver.
• 130 of the 245 children that died in drunk driving accidents were riding with a drunk driver.
• Children, age 14 and under, made up 306 of the 4,654 pedestrian deaths last year.
• Drunk drivers killed 29 of these child pedestrians.
• 14,000 child pedestrians sustained injuries in traffic accidents.
• Young pedestrians were most likely to sustain fatal injuries between 4 and 8pm and noon and 4pm.
• 80% of pedestrian deaths involving this age group took place at non-intersections.
• 91 child pedalcyclists died last year.
• 10,000 child pedalcyclists were injured in motor vehicle crashes.

• Each day last year, 5 children in this age group were killed in traffic accidents, with 548 others injured.

Children are prone to catastrophic injuries anytime they are involved in a serious auto collision. While there are steps that parents can take to protect their young children from the impact of colliding with a motor vehicle—whether as an auto occupant, a pedestrian, or a pedalcyclist—accidents caused by negligent drivers or because an auto manufacturer designed a defective car or motor vehicle part do happen.

Children, 2007 Data Traffic Safety Facts, NHTSA

Related Web Resources:

Preventing Injuries to Children in Motor Vehicle Crashes, Safe Kids Worldwide
Kids and Cars.org

US Department of Transportation Releases 2007 DUI Death Statistics

September 22, 2008 | Lebowitz & Mzhen

US Transportation Secretary Mary Peters announced the latest national drunk driving-related death statistics. Peters noted that while the number of total DUI deaths has dropped significantly in 32 US states, half of the states experienced an increase in drunk driving-related motorcycle fatalities.

Overall, almost 13,000 people died in accidents involving motorists with a blood alcohol concentration of .08% or more—a drop from the almost 13,500 DUI victims that died in 2006. Peters noted that 1,621 motorcyclists that died in alcohol-related collisions last year—a 7.5% increase from the year prior.

Of the 12,998 drunk driver-related deaths that occurred last year:

• 7,283 of the victims where drunk drivers.
• 2,067 victims were riding with the drunk driver.
• 1,361 fatalities were motorcyclists that were intoxicated.
• 81 of the deaths were passengers of intoxicated motorcyclists.

• 1,431 victims were occupants of other motor vehicles.

The state that experienced the greatest drop in alcohol-related deaths was California, with 1,155 alcohol-impaired deaths in 2007 compared to the 1,272 fatalities in 2006.

States that experienced an increase in drunk driver-related deaths in 2007 included North Carolina, South Carolina, Massachusetts, Alabama, Maine, Montana, Alaska, Oklahoma, Pennsylvania, Oregon, Delaware, North Dakota, West Virginia, Minnesota, Virginia, Nebraska, Ohio, Wisconsin, and the District of Columbia.

The number of drunk-driving deaths in Maryland for 2007 was 179.

DUI Fatalities Down Nationwide and in 32 States, Says U.S. Secretary of Transportation Mary Peters, NHTSA, August 28, 2008
2007 Traffic Safety Annual Assessment – Alcohol Impaired Driving Fatalities (PDF)

Three People Injured in Prince George’s County After Police Pursuit Leads to Multi-Vehicle Crash

September 2, 2008 | Lebowitz & Mzhen

In Prince George’s County, Maryland, three people were taken to local hospitals yesterday after a purse-snatching incident began a police pursuit that led to a multi-vehicle collision. The robbery took place early in the afternoon when a man jumped out of a Toyota Camry and grabbed a purse from the car of a woman who was pumping gas into her vehicle at a Largo service station.

The man then fled in the vehicle, which two other men were riding in. The woman contacted police. A police car that was chasing the suspects crashed into a motor vehicle close to Balboa Avenue and Gunther Street. The vehicle was seriously damaged in the crash and the two people riding in the car and the police officer were taken to the hospital for “a routine checkup.”

The cruiser also struck at least one car on Balboa and possibly two more. The suspects abandoned their vehicle close to Clovis Avenue before running off.

If you or someone you love was injured in a Maryland motor vehicle crash or if your vehicle or other property sustained damages in an auto accident that was another party’s fault, you may be entitled to personal injury recovery from the negligent party and his or her insurer. You may also seek medical attention for what initially appears to be a minor injury, but symptoms may later appear to indicate that your injuries are more serious than you thought.

Some injuries may require x-rays, surgeries, prescription medication, physical therapy, rehabilitation care, follow-up visits, and other costly medical care that you may not be able to afford without help. Your injuries may also keep you from work and affect your ability to earn a living.

5 Vehicles Damaged In Chase After Theft, WashingtonPost.com, September 1, 2008

Related Web Resource:

Maryland State Bar Association

Head-On Crash In Howard County, Maryland Leaves One Man Dead and Five Others Injured

August 18, 2008 | Lebowitz & Mzhen

In Howard County, one person died and five others were hurt in a head-on crash on Thursday in Lisbon. Mt. Airy resident Milton Stanley Bowens Sr., 64, was declared dead at the scene on Frederick Road close to East Daisy Road. Three of the passengers that had been riding in his Ford Explorer with him, 44-year-old Adrienne Jones, and her teenage daughters Corin and Jasmin Disney, were sent to hospitals in serious or critical condition.

According to Howard County police, a speeding BMW crossed a double line a number of times in an attempt to pass other cars before crashing into the SUV. The driver of the BMW was 22-year-old Joel Nathaniel Wareham. Wareham and his passenger were admitted to Maryland Shock Trauma Center and were released on Friday.

Following Wareham’s release, he was arrested at his home. He has been charged with drunk driving and speeding.

If you have been injured in a motor vehicle accident in Maryland or Washington DC, it is important that you speak to an experienced Baltimore personal injury lawyer first before trying to negotiate a settlement agreement with the responsible party’s insurance company. A good Maryland car crash lawyer can work with accident reconstructionists who can investigate the accident scene and determine who and what caused the collision.

Accident Reconstructionists

Accident reconstructionists are experts at taking physical evidence and examining clues from the accident site to reconstruct what happened before, during, and after the accident. Motor vehicle accident reconstructionists can determine who was speeding or whether the crash was caused by poor weather conditions, a defective product, or another factor.

The more evidence that your Maryland motor vehicle lawyer can gather proving the other party’s liability, the greater your chances of recovering the maximum recovery that you are owed.

1 killed, 5 injured in head-on collision in Howard Co., BaltimoreSun.com, August 15, 2008
Man charged in Howard crash, BaltimoreSun.com, August 17, 2008

Related Web Resource:

What is Accident Reconstruction?