Articles Posted in Car Accidents

In an effort to promote highway safety, the Advocates for Highway and Auto Safety are asking the Maryland General Assembly to increase the penalties for “super-drunk” drivers—drivers with a BAC level over twice the legal limit.

The national organization says Maryland is one of sixteen states that it has marked “green” because of the state’s model highway safety laws. According to Jackie Gillan, vice president of Advocates for Highway and Auto Safety, however, Maryland is a “fading green” because the state didn’t made a lot of progress in passing new safety bills in 2006.

The advocacy group wants states to create laws that provide more severe penalties—such as license revocation, mandatory installation of safety devices, and license revocation—against drivers that test with a 0.15 percent or higher blood alcohol content level.

The NHTSA says that nearly 60 percent of drunk driver-related fatalities involve drivers with extremely high BAC levels.

Alcoholalert.com offers the following drunk driving statistics:

· The 16,694 fatalities in alcohol-related crashes during 2004 represent an average of one alcohol-related fatality every 31 minutes.

· NHTSA estimates that alcohol was involved in 39 percent of fatal crashes and in 7 percent of all crashes in 2004.

· In 2004, 21 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed in alcohol-related crashes.

· An estimated 248,000 people were injured in crashes where police reported that alcohol was present — an average of one person injured approximately every 2 minutes.

· The rate of alcohol involvement in fatal crashes is more than 3 times higher at night than during the day (60% vs. 18%).

· The highest percentage of drivers in fatal crashes who had BAC levels of .08 or higher was for males and drivers ages 21 to 24.

· The percentages of drivers with BAC levels of .08 or higher in fatal crashes in 2004 were 27% for motorcycle operators, 22% for passenger cars, and 21% for light trucks. The percentage of drivers with BAC levels .08 or higher in fatal crashes was the lowest for large trucks (1%).

· In 2004, 85 percent (11,791) of the 13,952 drivers with BAC of .01 or higher who were involved in fatal crashes had BAC levels at or above .08, and 51 percent (7,084) had BAC levels at or above .16. The most frequently recorded BAC level among drinking drivers involved in fatal crashes was .18.

The Advocates For Highway And Auto Safety say that they want Maryland to extend the number of nighttime hours that teenagers with provisional hours are prohibited from driving. The group also want children ages 6-8 to be included in the state’s booster seat requirement.

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Metro Networks, the largest traffic gathering and reporting operation in America, recently released its list “The Top Ten Worst Traffic Incidents of 2006.” An accident involving two tractor-trailers colliding on I-95 North in Massaponax, VA put the Washington D.C. area in the number 10 spot. The trucks ended up catching fire and damaging the roads so that they had to be repaved. There were major delays on the highway because of the collision.

Other traffic incidents on the list:

1) New York City, New York: A Tomahawk test missile fell onto I-95SB in the Bronx after a tractor trailer overturned last July.

2) San Francisco, California: A meatpacking truck traveling on 101N in San Mateo spilled cow body parts across the freeway.

3) Houston, Texas: A truck fell off the ramp that goes from 610N loop to the US59. The truck dumped frozen chickens onto the freeway.

4) Boston, Massachusetts: A 12-ton concrete ceiling panel from a “Big Dug” tunnel connecting the Massachusetts Turnpike to the Ted Williams Tunnel dropped onto a passing car.

5) Dallas, Texas: A big rig carrying oil refinery equipment smacked into an overhead bridge on northbound Loop 12 at the Highway 183 interchange next to Texas Stadium.
6) Detroit, Michigan: Two semis crashed into each other in Monroe on Northbound I-75. The semis caught on fire, and the flames spread across the freeway involving approximately six cars and four more semis.
7) Chicago, Illinois: Construction on Chicago Skyway, I-80/94, and the Dan Ryan Expressway created traffic delays for commuters.
8) Atlanta, Georgia: A collision involving a tractor-trailer and two cars during the morning commute resulted in the death of two people.

9) Los Angeles, California: A big rig truck flipped over, caught fire, and burnt to the ground.

Injuries that result because of vehicle-related truck accidents can be severe and life altering. You may have suffered whiplash or burns to your head or neck, have nerve damage or spinal chord paralysis, limb amputation, have broken or dislocated a bone or limb, or even lost the use of a limb. A personal injury to you can ocur on the road even if your vehicle was not directly involved in a collision. If you have been in an automobile accident due to the carelessness or negligence of another driver, you should obtain the advice of a lawyer with experience handling automobile accident cases.

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U.S. Secretary of Transportation Mary E. Peters says that Americans need to take greater precautions on the road to increase safety and save more lives.

According to the latest information from the National Occupant Protection Use Survey (NOPUS), Secretary Peters said that seat belt use in the U.S. is down slightly from 2005, now standing at 81% instead of 82% That’s because while on the West Coast, belt use climbed from 85% to 90% and rose from 82 to 83% in the South, in the Northeast, belt use dropped to from 78% to 74% and from 79% to 77% in the Midwest.

A seat belt can’t work if it isn’t on,” said Secretary Peters. “Whatever it takes, we all need to do a better job making sure everyone chooses to buckle up.”

Peters also mentioned that the DOT is continuing to work with the different states to promote seat belt use. In 2006 alone, the DOT provided over $123 million in incentive grants to states that had primary seat belt laws. It also worked with each state on the nationwide Click It or Ticket campaign that had police agencies across the country enforce the seat belt laws in their state.

According to the DOT:

· Research has shown that lap/shoulder belts, when used properly, reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent and the risk of moderate to critical injury by 50 percent. For light truck occupants, safety belts reduce the risk of fatal injury by 60 percent and moderate-to-critical injury by 65 percent.

· Safety belts should always be worn, even when riding in vehicles equipped with air bags. Air bags are designed to work with safety belts, not alone. Air bags, when not used with safety belts, have a fatality-reducing effectiveness rate of only 12 percent.

· Safety belt usage saves society an estimated $50 billion annually in medical care, lost productivity, and other injury-related costs.

· Conversely, safety belt nonuse results in significant economic costs to society. The needless deaths and injuries from safety belt nonuse account for an estimated $26 billion in economic costs to society annually.16 The cost goes beyond the lost lives of unbuckled drivers and passengers: We all pay – in higher taxes and higher health care and insurance costs.

Peters said that use of helmets by motorcyclists in the U.S. is up 51% from 48%. In particular, in the West, helmet use increased from 50% to 72% and 42% to 47% in the Northeast. The rate of use, however, decreased from 53% to 50% in the Midwest and 49% to 45% in the South. The survey only took into account the helmets that complied with DOT safety standards.

Saferoads.org offers the following motorcycle helmet statistics:

– In 2004, 66% of fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws, compared with only 15% in states with all-rider helmet laws. (NHTSA, 2005)

– Per vehicle miles traveled, motorcyclists are about 21 times as likely as passenger car occupants to die in a traffic crash and four times as likely to be injured. (NHTSA, 2001)

– In 2003, 36 percent of all motorcyclists involved in fatal crashes were speeding, approximately twice the rate for drivers of passenger cars or light trucks. The percentage of alcohol involvement was 40 percent higher for motorcyclists than for drivers of passenger vehicles. (NHTSA, 2003)

Motorcyclist fatalities are rising fastest among motorcycle riders over age 40. In 2003 alone, fatalities increased by 16%. (NHTSA, 2003)

– Helmets reduce the risk of death by 29% and are 67% effective in preventing brain injuries to motorcycle riders. (NHTSA, 2001)

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U.S. Park Police say that on the morning of Thursday, December 28, two people died near Route 197 in the Laurel, Maryland area after a Chevy going south crossed into the northbound lanes and struck a white Infinty. The driver of the Chevy and the driver of the Infinity died at the accident scene. A blue pickup truck was also hit in the collision, but both people in the truck are reportedly fine.

There are several kinds of vehicle-related accidents that can occur, including:

– rear-end collisions – when one vehicle hits the rear end of another.
– head-on collisions – when more than one vehicle collides with the other on their front sides.
– rollovers – a vehicle turns over after being involved in an accident.
– side collisions – an accident where the side of at least one vehicle is impacted.
– multi-vehicle accidents – an accident involving several vehicles.
– single car collisions – an accident involving just one vehicle.

Vehicle-related collisions can carry legal consequences in proportion to the severity of the accident. By law, anyone involved in a collision (even with only stationary property) must stop at the scene, exchange information, or call the police when necessary. Failing to obey this requirement is referred to as a hit and run accident and is generally a criminal offense.

Parties involved in an accident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly grossly negligent or intoxicated or otherwise impaired at the time the accident occurred. It is notable that the penalties for killing and injuring with motor vehicles are often very much less than for other actions with similar outcomes.

As for civil liability, automobile accident personal injury lawsuits have become the most common type of tort. The courts most usually decide solely the factual questions of who is at fault, and how much they (or their insurer) must pay out in damages to the injured plaintiff.

A personal injury attorney can help you file a claim if you or a loved one has been seriously injured in a car accident due to another driver’s negligent actions. A personal injury attorney can also help you sue for damages for the death of a loved one who has been killed in a vehicle-related accident due to someone else’s negligence.

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Every year, in the United States, National Drunk and Drugged Driving And Prevention Month reminds people of the dangers of drunk driving.

According to USA Today, over 1.5 million people were arrested in the U.S. in 2005 for drunk driving. At least that many people are believed to have driven while under the influence of drugs.

National Commission Against Drunk Driving Statistics:
· 41 percent of all traffic crashes are alcohol-related.
· Nearly 600,000 Americans are injured in alcohol-related traffic crashes each year.
· Someone dies in an alcohol-related traffic crash every 30 minutes. Every two minutes, someone is hurt (nonfatally injured) in an alcohol-related accident.

· Three out of every 10 Americans face the possibility of being directly involved in an alcohol-related traffic crash during their lifetime.

Centers for Disease Control and Prevention – Impaired Driving Facts
· Each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe et al. 2002).
· Most drinking and driving episodes go undetected. In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (FBI 2001). That’s slightly more than 1 percent of the 120 million self-reported episodes of alcohol-impaired driving among U.S. adults each year (Dellinger et al.1999). · Drugs other than alcohol (e.g., marijuana and cocaine) have been identified as factors in 18% of motor vehicle driver deaths. Other drugs are generally used in combination with alcohol (NHTSA 1993).
· Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.10% or greater (NHTSA 2003a). A BAC of 0.08% is equal to or greater than the legal limit in most states.
· At all levels of blood alcohol concentration, the risk of being involved in a crash is greater for young people than it is for older people (Mayhew 1986)
· . In 2002, 24% of drivers ages 15 to 20 who died in motor vehicle crashes had been drinking alcohol (NHTSA 2003b ).
· Young men ages 18 to 20 (too young to buy alcohol legally) report driving while impaired almost as frequently as men ages 21 to 34 (Liu 1997).
· In 2002, 22% of the 2,197 traffic fatalities among children ages 0 to 14 years involved alcohol (NHTSA 2003c).
· Adult drivers ages 35 and older who have been arrested for impaired driving are 11 to 12 times more likely than those who have never been arrested to die eventually in crashes involving alcohol (Brewer 1994).

· Nearly three quarters of drivers convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (people who are alcohol dependent) (Miller 1986).

National Drunk and Drugged Driving Prevention Month was first introduced by President Ronald Reagan in 1982.

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With all the holiday parties that take place at the end of the year, drunk driving incidents tend to occur more frequently—which can be especially dangerous if you live in one of the 15 U.S. states where at least 41% of all traffic fatalities can be attributed to drunk driving.

The End Needless Deaths on Our Roadways (END) group, an advocacy organization led by doctors, has just released its list of 15 U.S. states where the most traffic-related deaths occurred due to drinking. Washington D.C. topped this list, where drunk driving was a cause of 54.17% of vehicle-related deaths.

Who Else Made the List:
· Connecticut
· Hawaii
· Illinois
· Montana
· Rhode Island
· South Carolina
· South Dakota
· Texas
· Washington, D.C.
· Wisconsin
· Alaska
· Arizona
· Delaware
· North Dakota
· Washington

END says that in 2005, close to 17,000 motorists were killed in drunk driving accidents in the US with more than 4,000 of those fatalities taking place in these 15 states. Rankings were determined by data taken from the National Highway Traffic Safety Administration’s reporting system.

The CDC offers the following suggestions to prevent injuries due to impaired driving:

· Sobriety checkpoints. Fatal crashes thought to involve alcohol dropped a median of 22% (with random breath testing) and 23% (with selective breath testing) following implementation of sobriety checkpoints.

· 0.08% BAC laws. Fatal alcohol-related crashes showed a median decrease of 7% following the implementation of 0.08% BAC laws in 16 states.

· Minimum legal drinking age (MLDA) laws. Raising the MLDA, such as from 18 to 21, decreases crash-related outcomes a median of 16% for the targeted age groups.

· “Zero tolerance” laws for young drivers. One study found that fatal crash outcomes decreased 24% after implementation of “zero tolerance” laws (Elder et al. 2002, Howat et al. 2004, Shults et al. 2001, Shults et al. 2002).

END is recommending that medical workers and physicians work harder to identify whether patients have drinking problems. The group also suggested that states increase fines and prison times for DUI offenders, while also penalizing motorists who refuse to be tested for sobriety.

Utah, which has the strictest drinking laws in the U.S., has the lowest alcohol-related deaths rate at 13.12%.

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Two people were treated at Christiana Hospital last Friday night after being injured in a car crash on Del. 301 in the vicinity of Strawberry Lane near the Maryland line.

According to Maryland State Police, the car collision occurred after a 2000 Ford Taurus pulled out of a service station into the path of a 2005 Acura. Rescue workers spent more than 40 minutes freeing Julia Wickersham, 28, from the wreckage. County paramedics treated her for fractures and she was reportedly in critical condition when she was flown to the hospital. A male passenger in the vehicle she was driving was treated for facial cuts. The other driver, Edgar Ferriera, 25, was also taken to Christiana Hospital in reportedly serious condition. He sustained a leg fracture in the accident.

When a person has been injured as a result of someone else’s negligence, they may be able to file a personal injury lawsuit. In order to win a personal injury suit, however, you must be able to prove that someone was legally liable for the injury because of his or her carelessness or negligence. A basic rule is applied by the law regarding this carelessness. If one person in an accident was more careless than the other, the less careful person must pay for at least part of the damages suffered by the person who was more careful.

Determining Legal Liability

Liability revolves around the simple fact that most accidents happen because someone was careless — or “negligent.” To this carelessness, the law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one.

According to Nolo.com, legal liability for almost all accidents is determined by this rule of carelessness, and by one or more of the following simple propositions:

· If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable because that person had no “duty” to be careful toward the injured person.

· If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.

· If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.

· If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.

· If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened.

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A Towson, Maryland district court judge has reduced the bail of the woman charged in the hit-and-run dragging death of three-year-old Elijah Cozart in Baltimore County to $250,000. Cozart’s grandmother had been pushing him in a stroller across Goucher Boulevard when a 1999 Dodge Ram pickup truck, driven by Lazara Arellano de Hogue, struck Cozart, and his grandmother, Marjorie Thomas, 55 as they were crossing the street. The pickup truck continued down the road, dragging the boy underneath it for nearly 3/4ths of a mile before he tumbled free. He was taken to Good Samaritan Hospital where he was pronounced dead. Thomas is still in the hospital.

Arellano de Hogue, who was arrested on Castle Drive at a home that she shares with her boyfriend, was held at the Baltimore County Detention Center on $2 million bail over the weekend. She claims that she didn’t know she had hit the toddler—only the grandmother, whom she claims she had swerved to avoid.

According to police, however, Arellano de Hogue was seen getting out of the vehicle, pulling the stroller out from under the pickup truck, and driving away.

USA Safekids.org says that:

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· Children ages 14 and under are more likely to suffer pedestrian injuries in areas with high traffic volume, a higher number of parked vehicles on the street, higher posted speed limits, no divided highways, few pedestrian-control devices, and few alternative play areas.

· Child pedestrian injuries occur more often in residential areas and on local roads that are straight, paved, and dry.

· Children ages 4 and under are at the greatest risk from child pedestrian death.

· In 2002, children ages 4 and under accounted for more than 40 percent of pedestrian injury-related deaths.

· Nearly 10 percent of all child pedestrian-related injuries occur in driveways.

· Children ages 4 and under account for 80 percent of these driveway-related pedestrian injuries.

· Toddlers (ages 1 to 2) sustain the highest number of pedestrian injuries.

· More than half of all toddler pedestrian injuries occur when a vehicle is backing up.

· Children from birth to age 2 are also more likely to suffer pedestrian injuries in parking lots and on sidewalks.

· Nearly two-thirds of child pedestrian deaths are among males.

· African-American children have a pedestrian injury death rate almost twice that of white children.

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Police in Maryland say that the 25-year-old driver whose vehicle crashed right into the back of a Toyota Corolla, killing two people on Thanksgiving night, was driving under the influence with a blood alcohol level that was four times over the legal limit. The blood alcohol test was given to Eduardo Raul Morales-Soriano at a police station, where his alcohol level registered at .32.

The car accident, which took place at the intersection of route 175 and 108 in Colombia, Maryland killed 21-year-old Marine Corporal Brian Matthews of Colombia and Jennifer Bower, 24, of Montgomery Village. Their Corolla had been standing still at a red light when the rear-end collision forced their car off the road.

According to U.S. police, Morales-Soriano is a Mexican national who is in the United States illegally. His prior criminal record includes a drunk driving charge that was dismissed by a court and reckless driving. He now faces charges for negligent manslaughter, negligent homicide, and drunk driving. Morales-Soriano could face up to 36 years in prison and be forced to pay a $30,000 fine.

In Maryland, drivers with a .08 BAC (Blood Alcohol Concentration) and higher are considered to be driving under the influence. A DUI offense leads to the immediate suspension of your license.

Maryland DUI (driving under the influence): For a first offense, penalties include up to one year in jail, up to a $1000 fine, and a minimum license suspension of 45 days.

For a second offense, penalties are two years in jail and a $2,000 fine. Every time a person is convicted of drunk driving, their license will be suspended.

Maryland DWI (driving while impaired under the influence of alcohol and/or drugs): For a first offense, penalties include 8 points on the Maryland Driver’s license record, two months in jail, a license suspension of up to 60 days, and a fine of up to $500.

For a second offense, penalties can include up to one year in jail and a $500 fine. Refusing to take the breath test can result in a person’s driver’s license being suspended for up to 120 days.

DUI and DWI arrests of persons from other states will still require a Maryland MVA Hearing to protect their driving privileges. Maryland is a member of the Interstate Driver’s License Compact, which shares information about DUI convictions and driver’s license actions with other member states. There are 45 states that belong to this compact.

The National Highway Transportation Safety Administration (NHTSA) calculates that the average alcohol-related fatality in Maryland costs $3.6 million: $1.1 million in monetary costs and $2.5 million in quality of life losses. Also, motor vehicle accidents involving alcohol set the state back an astounding $1.9 billion in the year 2000.

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A number of Calvert County organizations have teamed together to bring Southern Maryland young drivers the Drive 2 Survive training program. The Drive 2 Survive course will focus on giving teen drivers the “real world skills” to deal with unexpected situations they might experience on the road.

The National Highway Transportation Safety Board says:

· Teenagers are just 7% of all drivers.
· Teen drivers are responsible for 20% of all vehicle-related collisions.

· Young drivers are responsible for 14% of all vehicle-related deaths.

According to the program’s founders, Drive 2 Survive goes beyond basic driver’s education and is an advanced safety and collision avoidance training course.

Enrolling in the program costs $200 and is open to any teenager living in the tri-county, southern Maryland area who has a learner’s permit and has taken Maryland’s mandated classroom and in-car training. You can click on the link below to register and find out more information.

The Maryland Rookie Driver Program is a graduated licensing program that allows teen drivers to build their skills before earning their driver’s license.

1) The learner’s permit lets a new driver drive while accompanied by a supervised adult driver.
2) After completing the driver education course, driving with an adult for a minimum of 60 hours, and passing a skills test, a teen driver is given a provisional license. The teen driver must be at least 16 years and 3 months old.

3) In order to earn their full license, the driver must be at least 17 years and 9 months old and have held a provisional license for at least 18 months (conviction free).

The Rocky Mountain Insurance Information Association provides the following teen driving statistics on their website:

· Motor vehicle crashes are the leading cause of death for teenagers.
· 16 year-olds have higher crash rates than drivers of any other age.
· It is estimated that 16-year-olds are 3 times more likely to die in a motor vehicle crash than adult drivers.
· 3,657 drivers age 15-20 died in car crashes in 2003, making up 14% of all driver involved in fatal crashes and 18% of all drivers involved in police-reported crashes (NHTSA).
· 25% of teen drivers killed in 2003 had a blood alcohol concentration (BAC) of .08 or greater. A BAC of .08 is the level which all states use to define drunk driving.
· $40.8 billion was the estimated economic impact of auto accidents involving 15-20 year old drivers in 2002 (NHTSA).
· Inexperience behind the wheel is the leading cause of teenage crashes.
· In 2001, two thirds of teens killed in auto accidents were not wearing seat belts.
· Almost half of the crash deaths involving 16-year-old drivers in 2003 occurred when beginner drivers were driving with teen passengers (IIHS).
· Statistics show that 16 and 17-year-old driver death rates increase with each additional passenger (IIHS).

· Graduated drivers license programs appear to be making a difference. The Insurance Institute for Highway Safety reports that the overall number of 16-year-old drivers fell from 1,084 in 1993 to 938 in 2003 despite an 18% increase in the 16-year-old population.

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