Pedestrian Accident

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

Maryland Woman Who Suffered Catastrophic Injuries During Pedestrian Accident in Baltimore County Work Zone Will Receive $250,000 in Damages

November 17, 2008 | Lebowitz & Mzhen

In Baltimore County Circuit Court, Judge Susan Souder awarded Sandra Lee Meade $250,000 for personal injuries she sustained in a pedestrian accident in an Arbutus traffic construction zone more than 5 years ago. The amount is part of a high-low agreement made between Meade and general contractor Dick Corp, with a “low” of $250,000 and a “high” of $2 million.

Meade sustained traumatic brain and spinal cord injuries after she was hit by a car while crossing Westland Boulevard, which was undergoing construction, on December 3, 2003. She now lives in a Maryland nursing home.

While police placed the fault for the pedestrian accident with Meade for crossing the street illegally—she tried crossing the street diagonally to catch the bus to work—Meade’s Maryland car accident lawyer accused Dick Corp. of failing to put in place a maintenance of traffic plan. He noted the “willy-nilly” placement of barricades and lines that were incorrectly painted on the road.

Montgomery County, Maryland Launches Pedestrian Safety Campaign

September 9, 2008 | Lebowitz & Mzhen

At University Boulevard and Piney Branch Road, Montgomery County Executive Isiah Leggett and other officials launched their Pedestrian Safety Initiative last week. Leggett’s Pedestrian Safety Initiative include:

• Targeting high-incidence areas where pedestrian injuries and deaths have occurred.
• Evaluating and enhancing pedestrian connectivity and network needs.
• Improving pedestrian signals.
• Evaluating and upgrading street lighting.

• Enforcing and educating drivers and pedestrians.

According to Recent Montgomery County Pedestrian Accident Statistics:

• About 400 pedestrians are injured each year.
• There are approximately 14 pedestrian fatalities annually.
• Motor vehicle collisions involving pedestrians is a major traffic safety problem in the county.

• Some 430 motor vehicle-pedestrian collisions happen each year.

The Piney Branch Road section is the first of several “high Incidence areas” in the county where pedestrian safety and injury prevention enhancements will be implemented. And with 29 pedestrian deaths taking place on University Boulevard between 1995 and 2005, this road that runs through both Prince George’s and Montgomery County is ranked as the number one deadliest street in the area for pedestrians.

Leggett Announces New Pedestrian Safety Initiative; Strategic Plan Designed to Reduce Collisions and Make County More Walkable, Montgomery County, September 4, 2008
Leggett Launches Pedestrian Safety Effort, WashingtonPost.com, September 3, 2008

Related Web Resources:

NHTSA

Pedestrian Safety, FHWA

Maryland Investigators Say Montgomery County Police Officer Was Speeding When He Hit 12-Year-Old Pedestrian

August 28, 2008 | Lebowitz & Mzhen

In Maryland, investigators say that a police officer was speeding when he hit a 12-year-old pedestrian with his car in April in Montgomery County. Their probe found that Montgomery County Police Officer Jason Cokinos was driving more than 25 mph above the speed limit when he hit Luis Jovel with his car. Jovel was crossing the street close to his home in Clarskburg when the Maryland traffic accident happened.

Investigators says that the pedestrian accident would not have occurred if Cokinos, who was riding his cruiser while off duty, wasn’t speeding above the 30 mph speed limit. The report quotes the 23-year-old police officer as saying that he thought the speed limit was 40 mph.

Jovel suffered brain damage and is still in rehab. No criminal charges have been filed against Cokinos, who is back at work. He did receive two traffic violations related to the crash.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths and 80,000 pedestrians injured in the United States in 2007.

The WalkingInfo.org Web site says:

• 5 to 9-year-old male pedestrians are at high risk for becoming injured in a pedestrian accident.

• 65% of pedestrian accidents happen at non-intersections, especially those involving young kids that may run out onto the street.

• Pedestrian accidents are more likely to occur during the busy morning and afternoon rush hours.

• Deadly pedestrian crashes are more likely to happen after 5pm.

Report: Speeding Caused Police Cruiser To Hit 12-Year-Old, WJLA.com, August 26, 2008
Officer was speeding when he hit Clarksburg boy, report says, Gazette.net, August 21, 2008

Related Web Resources:

Speeding, SafeRoads.org
Crash Statistics, WalkingInfo.org

Newborn Baby Delivered Prematurely After Pregnant Mother Was Struck by Runaway Van is Dead

August 25, 2008 | Lebowitz & Mzhen

The baby of a New York woman who was struck by a runaway van and pinned under a bus while she was still pregnant with him has died. Sean Michael Justin Sanz passed away in intensive care on August 22 after being born prematurely on August 14.

His mother, New York Traffic Agent Donnette Sanz, underwent an emergency cesarean section procedure to deliver him. She died soon after.

Some 30 people tried to lift the front of the bus off the pregnant traffic agent. She was then rushed to St. Barnabas Hospital. The driver of the van was Walter Walker, a 72-year-old man with an extensive history of traffic offenses. In a statement to the New York Post, Walker said that his brakes wouldn’t work, and he tried to stop his van to avoid hitting Sanz.

Wrongful Death

Family members that have lost loved ones in accidents may be entitled to compensation from the liable party or parties. In Maryland, barring certain exceptions noted by the state’s wrongful death statute, the husband, wife, son, daughter, mother or father of the deceased can file a claim for wrongful death. If the decedent has no primary beneficiaries, secondary beneficiaries may be entitled to claim recovery.

Depending on the specifics of the case, wrongful death damages may include compensation for mental trauma, emotional trauma, loss of companionship, loss of society, loss of comfort, loss of parental care, loss of filial care, and other damages.

Dad loses his miracle: Bus baby’s tragic death leaves pa numb with grief, NYDailyNews.com, August 22, 2008
Bystanders Lift Bus Off Pregnant Mom, CBSNews.com, August 15, 2008

Related Web Resource:

Maryland: Wrongful Death and Intestacy Statutes, USDoj.gov

1 Toddler and Several Others Injured When MTA Train and Van Collide in Baltimore, Maryland

March 20, 2008 | Lebowitz & Mzhen

An 11-month girl was injured after she was struck by a van that collided with an MTA light rail train on Thursday in Downtown Baltimore, Maryland. She was taken to Johns Hopkins Hospital’s pediatric center.

The driver of the van was a U.S. Naval Academy midshipman. He also was taken to a local hospital but did not sustain any serious injuries. Several light rail passengers are reporting injuries from the accident.

The motor vehicle collision occurred early in the morning. The van reportedly ran a red light and was struck by the MTA light rail train. The force of the collision caused the van to spin onto the sidewalk and strike the stroller with the toddler in it.

If you believe that someone you love was seriously injured in a motor vehicle accident, you should contact our Maryland personal injury law firm right away. Our motor vehicle accident attorneys also handle cases involving injuries to minors.

Running a Red Light

Running a red light is a commonly occurring traffic violation that can lead to serious injuries for other drivers and pedestrians and cause serious property damage to motor vehicles involved in any related collisions.

According to the NHTSA, there were over 3,500 traffic accidents in Maryland involving red light violations in 1995—resulting in 34 fatalities and 4,256 injuries. Maryland is one of a handful of U.S. states that use red-light cameras in a few areas—including Montgomery and Prince George’s counties—in an effort to prevent people from running red lights.

Types of Accidents from Running a Red Light, include:
• Colliding with cars coming from the left or ride side of the driver’s path that now have green light authorization to move forward.

• Striking a pedestrian.

Rail commute delayed, several injured in downtown collision, Baltimore Sun, March 20, 2008
Red Light Violations in Maryland, NHTSA

Related Web Resources:

D.C. Red-Light Cameras Fail to Reduce Accidents, Washington Post, October 4, 2005
Red Light Running, Insurance Institute for Highway Safety

Eight People Killed in Maryland After Being Hit By Car During Street-Race

February 17, 2008 | Lebowitz & Mzhen

At least eight people are dead and five others injured in Accokeek, Maryland, after a car accidentally plowed into a group of people watching an illegal car race on the side of Route 210—also known as Indian Head Highway—at around 3:30 in the morning in Prince George’s County.

One woman who was in the crowd, Crystal Gaines, was able to grab her daughter out of the way. Her father, William Gaines Sr., 61, had a broken leg. He was unable to move away in time and is among those who died.

While CNN is reporting that there were 50 people in the crowd, one witness told Newsday that about 200 to 300 people had gathered to watch two cars speed racing down the road. The people moved into the road as the cars drove away and that was when the accident happened.Some people that were struck in the crash flew as high as 15 feet in the air. Police had to circulate photos of the dead bodies so that family and friends could identify their loved ones.

The driver, in a Ford Crown Victoria, says he did not see the crowd because the smoke from the cars racing away made visibility difficult. Crystal Gaines, however, claims that the driver did not have the headlights of the car on.

Her brother, William Gaines Jr. said the Ford was moving so fast that he didn’t see the car until it had struck the crowd. Another person may have been injured when a tractor-trailer, trying to avoid the accident scene, have also hit someone. The victims ages range from 20s to 60’s.

Street races are a common occurrence on Indian Head Highway—although the races usually involve motorcycles. Police have placed speed traps and radar in the area.

Car accidents can lead to fatal injuries for pedestrians—especially when someone is struck by an auto, bus, truck, or motorcycle that is moving at a fast rate.

Our Maryland motor vehicle accident law firm can determine who is liable for your injuries or the death of your loved one and help you deal with insurance companies and the other party or parties so that you can recover for your losses.

Missing 8 killed by car at illegal racing site in Maryland, Newsday, February 17, 2008
Missing Street-race crash kills 8 in crowd, CNN, February 16, 2008

Related Web Resource:

Missing Should you pursue a personal injury claim? Nolo
.

Pedestrian Fatalities Spur Call for Maryland Counties to Implement Safety Initiatives

December 23, 2007 | Lebowitz & Mzhen

In 2006, 96 pedestrians died in traffic accidents on Maryland’s roads. There are four areas where 70% of the fatalities occurred: Montgomery County, Baltimore County, Prince George’s County, and Baltimore City.

Maryland law mandates that drivers yield to pedestrians. However, this doesn’t always happen, and many pedestrians are injured or killed in car accident, motorcycle crashes, or truck collisions as a result. Out of the four problem areas highlighted, only Montgomery County has a plan to combat the problem of pedestrian accidents.

In Baltimore City, there were 16 pedestrian fatalities in 2006. 14 deaths took place in Baltimore County. 18 pedestrian fatalities occurred in Montgomery County, with 16 deaths occurring so far this year.

Installing new traffic signs, pedestrian traffic signs, and pedestrian countdowns, and adding education initiatives are some of the ways that pedestrian injuries can be reduced.

The high number of pedestrian deaths in Montgomery County inspired an initiative there that will include better pedestrian signals, the construction of several miles of sidewalks, and targeting careless drivers and jaywalkers.

Ways to Implement Pedestrian Safety in Your Area:

• Ask your delegate to create better crosswalk laws
• Teach children to cross roads safely
• Organize a pedestrian safety campaign

Although there are safety measures that all of us can take to avoid becoming injured in a pedestrian accident, there will be times when a negligent car driver, motorcyclist, or truck driver causes an accident that injures or kills a pedestrian. Traffic and pedestrian signs may malfunction or a motor vehicle may be unable to stop in time because of defective breaks.

If you are injured in a pedestrian accident anywhere in Maryland or Washington D.C., you should speak with a pedestrian accident lawyer right away.

Pedestrian deaths spur new initiatives in some counties, Gazette.net, December 20, 2007

Related Web Resource:

Maryland Strategic Highway Safety Plan

Pedestrians, National Highway Traffic Safety Administration

Maryland Woman Dies in “Freak” Tractor-Trailer Crash in Montgomery County

December 10, 2007 | Lebowitz & Mzhen

Silver Spring resident Norma Almeraya-Soria, 35, died on November 21 after she was hit by a tractor-trailer in Montgomery County, Maryland. Almeraya-Soria was on the curb near the sidewalk at the intersection of Columbia Pike and Stewart Lane in Silver Spring when the axle of a tractor-trailer trying to make a turn broke.

Almeraya-Soria ended up under the trailer and died at the accident scene. Her body remained under the truck for a number of hours before it could be recovered. Police in Maryland are investigating whether a mechanical failure was responsible for the freak accident. The tractor-trailer, owned by Pet Valu, a Canadian pet store with branches in Maryland, was carrying pet supplies.

If you were injured in a tractor-trailer crash caused by another party’s negligence or carelessness or if someone you love died in a motor vehicle accident that was someone else’s fault, you should contact a Maryland or Washington D.C. truck collision lawyer right away to find out of you have grounds for filing a truck accident or wrongful death claim or lawsuit.

Mechanical failures and defective truck parts are among the most common causes of accidents involving large trucks. It is important to hire an experienced truck accident lawyer who knows how to determine whether a personal injury or wrongful death accident occurred because the breaks, the steering wheel, a tire, the engine, or another vehicle part was defective.

The owner of the truck is liable for making sure that the vehicle is properly maintained and operational before taking it out on the road.

A mechanical failure may be the fault of the truck driver, the truck owner, the maintenance shop, or the manufacturer. There may be more than one party that can be held liable for the truck accident injury or death.

2006 Truck Accident Statistics:

• 4,732 large trucks were involved in deadly accidents.
• 4,995 people died in accidents involving large trucks.
• There were 57,213 big trucks involved in injury accidents.

• 85,984 people were injured in accidents involving huge trucks.

Woman Hit, Killed In ‘Freak’ Tractor-Trailer Accident, MSNBC.com, November 22, 2007
2006 National Crash Facts, Ai.volpe.dot.gov

Related Web Resource:

Trucking Industry Statistics and Causes of Truck Accidents, Road Safe America.org

D.C. Metrobus Driver Pleads Guilty to Negligent Homicide in Wrongful Deaths of Two Pedestrians on Valentine’s Day

September 11, 2007 | Lebowitz & Mzhen

Victor Z. Kolako, the former metrobus driver who killed two female pedestrians on Valentine’s Day in a deadly motor vehicle accident, pled guilty to two counts of negligent homicide last Friday. As part of his plea agreement, prosecutors will pursue a prison sentence of no more than three years for Kolako.

Kolako, a Metro employee until he was fired after the fatal pedestrian accident, had been driving his Metrobus on Seventh Street NW on Valentine’s Day when he turned left onto Pennsylvania Avenue. D.C. police say that Kolako did not yield to oncoming traffic on Seventh Avenue and did not see the two pedestrians that were crossing the street on a “walk” signal in a crosswalk.

The pedestrians, Sally Dean McGhee, 54, and Martha Stringer Schoenberg, 59, were co-workers at the Federal Trade Commission. They were also friends and lived in the same neighborhood in Alexandria. The two women were leaving work and were about to take the metro home.

Police say that the two victims were dragged beneath the bus. Schoenberg’s husband has filed a 50 million wrongful death lawsuit against Metro.

Since 2005, there have been eight traffic accidents involving pedestrians and Metrobuses at the intersection of Pennsylvania and Seventh. It is considered one of the most dangerous intersections in D.C.

According to Metro, during the fiscal year ending on June 30, 2007, 32 pedestrians were hit by Metrobuses. 5 people were killed in these traffic accidents. The most recent pedestrian-Metrobus collision took place on February 14 and involved a 21-year-old nursing student.

Metro says that Metrobus drivers are required to take part in a safety training program of 1-2 days each year.

The number of Metrobus accidents involving pedestrians is a growing concern. Last February, Metrobus General Manager John B. Catoe Jr. announced new measures to improve Metrobus safety and public confidence.

Catoe vowed to monitor Metrobus drivers and their driving records. He also said he wanted to increase the amount of street supervisors that manage driver conduct.

Just one day after Catoe’s announcement, however, Metrobus drivers were seen driving through red lights, talking on cell phones, blocking intersections, and going over the speed limit.

443,000 passengers ride on D.C.’s Metrobus system each day.

Metrobus Driver Pleads Guilty, Washington Post, September 8, 2007
Metro to Require Safety Training for Bus Drivers, Wtopnews.com, February 15, 2007
Metro Chief Vows Better Bus Safety, Washington Post, February 25, 2007

Related Web Resources:

Husband Sues in Fatal Accident, Washington Post, March 20, 2007

Washington Metropolitan Area Transit Authority