Pedestrian Accident

5-Year-Old Stevensville Boy Dies After Being Struck by Car in Anne Arundel County, Maryland

August 24, 2007 | Lebowitz & Mzhen

Colin Matthew Cunningham, a 5-year-old boy, died on Saturday after being struck by a car. The Stevensville boy was running after a group of teenagers when he ran in front of a Jeep Wrangler on Whispering Woods Drive in a townhouse community in Annapolis.

According to police, seven teenagers had crossed the street to play football in a nearby open area. Colin ran after them. After the accident, he was taken to Johns Hopkins Children’s Hospital and later declared dead.

The 18-year-old driver of the Jeep had her 16-year-old neighbor and 14-year-old sister in the car with her. She stopped right after hitting the Colin.

Authorities say that the alcohol did not play a part in the car accident, but they would investigate whether she had been speeding.

Statistically, children—especially boys 5 to 9 years of age—are at great risk of being hit by a motor vehicle in a pedestrian accident. Many pedestrian accidents involving young children take place close to their homes, and pedestrian fatalities is one of the leading causes of injury and death for children.

Children frequently don’t have a great sense of danger. They also are not easily able to judge how fast an oncoming car is going. They also can be very impulsive and may run into the street without looking to see if a car is coming.

Saferoutesinfo.org offers a number of safety tips for children that are old enough to cross the street without adult supervision, including:

• Choose the route with the fewest streets to cross.
• Avoid crossing busy or high-speed streets.
• Be more visible to drivers by wearing bright clothing in the daytime.
• Always look for motor vehicles.
• Do not cross behind or within 10 feet of the front of a bus or other large motor vehicle because the driver can not see this area.
• Stop at the edges of driveways and curbs or edges of the street where no curb exists and look for motor vehicles before proceeding.
• Watch for parked motor vehicles that may be getting ready to back up or pull forward.
• Walk, don’t run, across the street.
• If crossing the street at an intersection:
o Obey traffic signs and signals.
o When the signal indicates it is time to cross, check for motor vehicles. Drivers may not obey the rules and turning drivers may not look for pedestrians.

• Look to see if motor vehicles are coming.

Although children need to be careful when crossing the street, it is still the responsibility of car drivers, bus drivers, truck drivers, and motorcycle riders to exercise extreme caution when operating their motor vehicles.

If your child has been injured or killed in a pedestrian accident because a driver acted negligently by speeding, driving under the influence of drugs, or for any other reason, your child and your family are entitled to recovery compensation for pain, injuries, suffering, and other related losses.

Stevensville boy, 5, dies after being hit by car, Baltimoresun.com, August 20, 2007
Key Messages For Children, Saferoutesinfo.org
Pedestrian safety for kids and parents, Safety and Consumer Protection

Related Web Resources:

National Strategies for Advancing Child Pedestrian Safety, Federal Highway Administration

Pedestrian Injuries to Young Children

Maryland Teen Driver Is Accused of Killing Elderly Male Jogger in Salisbury

July 20, 2007 | Lebowitz & Mzhen

Maryland State Police say that Robert Michael Littleton, 19, struck and killed a jogger on Tuesday night while driving on Union Church Road in Salisbury.

Fred Kiviat, 67, was jogging northbound near the southbound shoulder when he was allegedly hit by Littleton, who was driving a Pontiac Firebird. Police say that the teenager’s car crossed the centerline and hit Kiviat from the back. Kiviat was declared dead at the accident scene.

Littleton faces criminal charges for being a minor in possession of alcoholic beverages and possession of a controlled dangerous substance. A blood test has been administered to Littleton, and he could end up facing other charges related to the car accident.

In accidents where a person has been injured or killed because another person acted negligently, the victim or the family of the deceased may be able to file a personal injury claim (or wrongful death lawsuit) against the liable party.

A personal injury lawsuit is a civil lawsuit. Unlike a criminal case, a civil lawsuit is a civil action that allows a plaintiff to file a complaint and obtain legal remedies. The lawsuit is argued over in a courtroom by personal injury attorneys representing both sides (the plaintiff’s side and the defendant’s side). If the plaintiff wins the lawsuit, the judge is authorized to award damages, issue injunctions, and enforce the rights of the plaintiff.

Maryland Vehicle Law says that pedestrians have a number of responsibilities on the road that can help them stay safe, including:

• Not leave a curb or place of safety and walk or run into the path of a vehicle so closely that the driver cannot yield.
• “Use due care and caution” to avoid injury.
• Follow all traffic control signals, including not crossing once a signal light turns yellow.
• Yield if not crossing in a marked crosswalk, using “greatest care for his/her own protection.”
• Walk facing traffic if no sidewalk is available.

• Yield to emergency vehicles using audible signals.

Motor vehicle drivers must:

• Check for pedestrians “where they are expected”
• Warn pedestrians with a horn if necessary

• Exercise caution towards any child or “obviously incapacitated” pedestrian.

Jogger Struck and Killed by Car; Teen Driver Faces Charges, WBOC.com, July 18, 2007
Pedestrian Safety, City of Takoma Park

Related Web Resource:

Pedestrian Safety, FHWA Safety

Family of Woman Killed in Hit-and-Run Bakery Truck Collision in Maryland Files $30M Wrongful Death Lawsuit

July 3, 2007 | Lebowitz & Mzhen

The family of a 69-year-old woman killed in a hit-and-run accident collision last September in Rockville, Maryland has filed a $30 Million civil lawsuit.

Ketty Emilce Alvarado died after allegedly being struck by a bakery truck driven by David Marc Friedlander on the morning of September 26, 2006 at the intersection of Redland Road and Crabbs Branch Way. She had been walking in the area with her husband. Her body was dragged for more than a mile down Crabbs Branch Way Road after the crash.

Alvarado’s spouse and children are asking for $10 million dollars in wrongful death damages, $10 million in punitive damages, and $10 million in compensatory damages from the truck driver and H & S Bakery, the Baltimore-based employer that he works for.

Alvarado’s family is accusing Friedlander of either refusing to or neglecting to stop his vehicle and stay at the accident scene after hitting her with his truck. He is also accused of failing to return to the accident scene, notifying police of the accident, and calling medics to help Alvarado. The lawsuit claims that the driver acted with malice and left the accident scene on purpose.

The U.S. Department of Transportation’s National Highway Traffic Safety said in 2003 that 18% of Americans killed on roads are hit-and-run crash victims.

According to Deadlyroads.com:

“Walking is by far the most dangerous mode of travel per mile. Although only 8.6 percent of all trips are made on foot, 11.4 percent of all traffic deaths are pedestrians. And while the 2001 fatality rate per 100 million miles traveled is 0.75 for public transit riders, 1.3 for drivers and their passengers, 7.3 for passengers of commercial airlines, the fatality rate for walkers is an astonishing 20.1 deaths per 100 million miles walked.”

Following Alvarado’s pedestrian hit-and-run death, police asked the public for help finding the hit-and-run driver.

Friedlander is also facing criminal charges. Last February, a Montgomery County grand jury indicted him on felony hit and run for the deadly accident. He has been charged with two misdemeanor charges and two felony charges of Driver to Remain at Scene/Accident Resulting in Bodily Injury or Death.

Six-Year-Old Girl In Hit-and-Run Accident Becomes 10th Pedestrian Fatality in D.C. for 2007

April 26, 2007 | Lebowitz & Mzhen

A $10,000 reward is being offered by the Metropolitan Police Department for information leading to the arrest and conviction of the driver of a green SUV that struck and killed six-year-old Crysta Marie Spencer as she crossed 6th Street, NE, near Orleans Place on Monday. Witnesses say Spencer was knocked out of her shoes and thrown into the air after being hit. The driver then ran over her.

Stop signs and a temporary speed bump have been installed at the intersection where she died.

On Wednesday, the District Department of Transportation and the Washington Area Bicyclist Association launched the “Pace Car Program.” Drivers joining the program sign a written pledge to drive at the speed limit, which is 25 mph in most of the District.

According to Jim Sebastian, a DDOT coordinator, a victim struck be a motor vehicle has a greater chance of survival that if the vehicle had been moving at 25 mph instead of 40.

Some statistics and facts regarding injuries related to child pedestrians:

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

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

* The majority of child pedestrian deaths and injuries are traffic-related. Although pedestrian injuries are not as common as motor vehicle occupant injuries, a disproportionate number of the injuries sustained by child pedestrians are severe.

* 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.

Enforcement of traffic laws, including apprehension of hit-and-run drivers, is effective in reducing traffic-related pedestrian death and injury.

Area Police Agencies In Washington D.C. Area Kick Off Street Smart Pedestrian And Cyclist Safety Campaign

April 10, 2007 | Lebowitz & Mzhen

In the Washington D.C. area, area police agencies and transit officials have launched a major campaign focused on reducing the amount of injuries and deaths among cyclists and pedestrians. The campaign was launched on March 20, 2007 in Thomas Circle by officials from suburban Maryland, the District, and northern Virginia. Called “Street Smart Pedestrian and Bicycle Safety Campaign,” the program will include heightened traffic enforcement and a public education campaign.

According to recent studies, ¼ of people killed in the Washington area every year are either pedestrians or cyclists. In 2006, these two groups made up 40% of all highway deaths in the District. Officials say that 90 pedestrians are killed in the Washington area every year, while 3000 others are injured. At least 9 pedestrians have already been killed in the area this year.

Helmets.org provides a number of statistics related to bicycle accidents and injuries:

• There are 85 million bicycle riders in the US.
• 784 bicyclists died on US roads in 2005. 92% of them died in crashes with motor vehicles (720).
• About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized.
• Bicycle crashes and injuries are under-reported, since the majority are not serious enough for emergency room visits.
• 1 in 8 of the cyclists with reported injuries has a brain injury.
• Two-thirds of the deaths here are from traumatic brain injury.
• A very high percentage of cyclists’ brain injuries can be prevented by a helmet, estimated at anywhere from 45 to 88 per cent.
• Many years of potential life are lost because about half of the deaths are children under 15 years old.
• Direct costs of cyclists’ injuries due to not using helmets are estimated at $81 million each year.

• Indirect costs of cyclists’ injuries due to not using helmets are estimated at $2.3 billion each year.

Crews have added countdowns at crosswalks at Thomas Circle to make the area safer, as well as clearly marked Metro bus lanes and bicycle lanes.

Officials say the safety crackdown will take place in different areas every six weeks. The safety campaign includes the use of billboards, bus advertising, posters, hand-outs, and radio campaigns.

Although there are safety precautions that you can take as a pedestrian or a cyclist, this does not necessarily make you immune to the carelessness or negligence of others on the roadways. Injuries to a pedestrian or a cyclist can be serious—even fatal.

Two Pedestrians Are Struck By A Driver In Hit And Run Accident On Washington D.C.’s Wisconsin Avenue

March 16, 2007 | Lebowitz & Mzhen

In Washington D.C., A couple in their 20’s were taken to a local hospital last night, after they were struck by a light blue 4-door Honda Accord while they were crossing Wisconsin Avenue close to Tenley Circle. The impact of the car collision threw one of the victims 50 feet. Witnesses say that the driver of the Honda fled on foot.

Pedestrians who are injured on the road because a driver behaved negligently should speak to a personal injury lawyer right away and find out if they have grounds to file a claim for their injuries.

A Few Pedestrian Accident Statistics:

• 1 pedestrian is killed every 111 minutes in a traffic crash
• A pedestrian is injured every eight minutes in a traffic accident
• Nearly 5,000 pedestrians were killed in 2003

According to U.S. government statistics, there are close to nearly 700,000 hit and run cases annually.

A hit and run accident is an accident where the party that caused the motor vehicle accident did not stop at the accident scene but proceeded to drive or walk off. By law, people involved in car accidents or any other kind of motor vehicle accident are obligated to stop and exchange pertinent driver, vehicle, and contact information. If a driver hits a parked vehicle, he or she is required to take down any information (vehicle license number, car model, type of damage) about the car and leave his or her own details.

If a hit and run driver is later apprehended, he or she may have to face criminal penalties, as well as become the defendant of a personal injury lawsuit.

The victim filing a personal injury claim may demand compensatory damages, such as lost wages, medical costs, and other related or resulting expenses. Punitive damages—if it appears that the negligent party acted with malice or intent—may also become a factor in a personal injury lawsuit.

Female Hagerstown Pedestrian Dies In Car Accident On Maryland’s U.S. 40

March 5, 2007 | Lebowitz & Mzhen

Mary Dorothy Reinhardt, a Hagerstown resident, was hit by a 1993 Honda Del Sol in a pedestrian accident last Friday, while walking eastward on U.S. 40 in the travel lane. Maryland State Police say she later died at Washington County Hospital.

The driver of the Honda, 28-year-old Rocky Lynn Bishop, was not injured during the accident.

• In 2005, 4,881 pedestrians were killed in traffic crashes in the United States — a decrease of 13 percent from the 5,584 pedestrians killed in 1995.

• On average, a pedestrian is killed in a traffic crash every 108 minutes and injured in a traffic crash every 8 minutes.

• There were 64,000 pedestrians injured in traffic crashes in 2005.

• Most pedestrian fatalities in 2005 occurred in urban areas (74%), at non intersection locations (80%), in normal weather conditions (89%), and at

• night (67%).

• Pedestrian fatalities accounted for 83 percent of all nonoccupant fatalities in 2005. The 784 pedalcyclist fatalities accounted for 13 percent, and the remaining 3 percent were skateboard riders, roller skaters, etc.

Who may be liable in a pedestrian personal injury accident:

• A person who is negligent when driving a motor vehicle and strikes a pedestrian
• The pedestrian for acting negligently, resulting in a personal injury accident
• The company or persons responsible for maintaining the road, sidewalk, or other area where the pedestrian accident took place

It is important to speak with an experienced personal injury attorney who has a successful track record when handling pedestrian accidents.

In Washington D.C., A Recent Increase In Pedestrian Deaths

February 20, 2007 | Lebowitz & Mzhen

There have been reports of a recent rise in pedestrian deaths in the Washington D.C. area. While 17 pedestrians were killed on D.C. roads during all of 2006, four pedestrians were killed within one week alone in early February. By February 12, five pedestrians fatalities in D.C. had already been noted for 2007:

· Metropolitan Police say one pedestrian was killed on February 11 when he was hit by a Maryland man driving a 2004 Mitsubishi Endeavor. The victim appeared to be drunk and crossed the street outside the crosswalk.

· Another pedestrian, J’lin Tyler, a 6-year-old elementary school student, was killed after he ran into the street and was hit by a Jeep Cherokee on February 9.

· On February 7, a man went to the Third Street Tunnel entrance to help a driver whose tractor-trailer was too tall to go through the tunnel without guidance. As the driver put the truck into reverse, the man, who was directing the driver, moved into the way of a cement truck and was fatally struck.

· Another man, Gary Scott Phillips, was crossing New Hampshire Avenue, NW, on February 3 when a man riding a bicycle hit him. Phillips died as a result of the accident.

· On January 16, Carla Gonzales, 24, ran in front of a Metrobus, which struck and killed her on 16th Street NW.

In 2004, 10 pedestrians were killed in the Washington D.C. area. 16 pedestrians died in 2005.

Washington D.C. Mayor Adrian M. Fenty says that his administration is working on a Pedestrian Master Plan, which will identify the improvements that are necessary to the District’s crosswalks, sidewalks, refuge islands, and countdown signals.

While pedestrian error is a common cause of pedestrian injures and fatalities, driver error can also lead to pedestrians getting hurt or being killed on the road.

Examples of Common Driver Errors Leading To Pedestrian Injuries Or Deaths:

· Ignoring a crosswalk, the signal on a traffic light, or a pedestrian crossing sign
· Driving under the influence of alcohol or drugs
· Disregarding a traffic light or a pedestrian walk sign
· Not paying attention to a pedestrian that is crossing the road, whether or not they are in a designated crossing area
· Not paying attention while driving by a stopped school bus to see whether children might be preparing to cross the street or get off or on the bus

A pedestrian struck by a car, motorcycle, truck, SUV, or other kind of moving vehicle can sustain serious injuries and possibly even be killed in an accident. When a driver’s negligence leads to a pedestrian injury or death, the driver may be held liable for the injuries or wrongful death through a personal injury claim filed on behalf of the victim or their loved ones.

More Charges Added In Hit And Run Dragging Death Of Toddler In Baltimore County

January 24, 2007 | Lebowitz & Mzhen

The 41-year-old-woman who was arrested for hitting a toddler and his grandmother with her truck and then dragging the toddler in his stroller under her pickup truck for almost a mile as she left the scene has been indicted for auto manslaughter.

Lazara Arellano de Hogue faces two felony counts of failing to stop her vehicle at the scene of a deadly accident, two charges of vehicular manslaughter, negligent and reckless driving, failing to render aid, and failing to avoid collision with a pedestrian. If convicted for vehicular manslaughter or felony hit-and-run, she could face up to 10 years in prison for each conviction.

The toddler, 3-year-old Elijah Cozart, died as a result of the accident, while his grandmother, Marjorie Thomas, was seriously injured and treated at the Maryland Shock Trauma Center. Thomas is healing slowly and using a walker.

Released since December on $250,000 bail, Arellano de Hogue now is back in police custody. Bail has been set to $2 million.

According to a recent USA Today analysis, the number of people killed in hit and run accidents has grown 20% since 2000.

In 2005, according to the National Highway Traffic Safety Administration, 974 of the 4881 pedestrians who were killed were victims of hit and run accidents.

According to the AAA Foundation for Traffic Safety, nearly 11% of all police-reported vehicle-related accidents involve hit and run, and pedestrians make up 60% of people killed in hit and run accidents.

The AAA Foundation says that their analysis of General Estimates System databases and the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System found that 14,914 people died from hit and run accidents between 1994 and 2003.

The Foundation offers the following tips to help keep pedestrians safe around traffic:

-Obey traffic signals
-Look left, then right, then left again before crossing the street even when in a crosswalk
-Watch for turning vehicles when crossing
-Remain alert and aware of cars as they approach and pass you
-Do not assume drivers see you because you see them
-When sidewalks are not present, walk as far away from the roadway as possible
-If walking at night wear retro reflective and light-colored clothing

Rosedale, Maryland Pedestrian Is Critically Injured After Car Accident

December 18, 2006 | Lebowitz & Mzhen

While walking through a parking area behind Sam’s Club at the Golden Ring Mall on December 11, Edward Witte, 61, was struck by a vehicle and dragged for about 30 feet. The driver of the vehicle was Baltimore resident Margaret Wance, 65. A police helicopter flew Witte to the Maryland Shock Trauma Center. Police investigating the accident say early indications show that Wance’s car swerved into the pedestrian.

If you have been injured in a pedestrian accident and you would like to file a personal injury lawsuit, there are a number of steps you can take in the initial days and weeks following the accident to protect your right to compensation.

Nolo.com provides the following suggestions:

· Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you’ve suffered as a result of the accident.
· Make notes of conversations that you have with people involved in the accident or the injury claim.
· Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
· Locate people who witnessed the accident and who might be able to help you prove your case.

· Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.

It is important that you take very thorough notes regarding your accident and your injury. This will be very important later when you want to explain to an insurance company exactly what happened to you and the extent of your pain and injuries. Try to preserve any physical evidence that you can find. If possible, you may want to return to the accident scene to take photographs. You may also want to preserve any physical damages, such as damage to your car, damage to your clothing, or a broken mirror. This well help you later, should you decide to file a personal injury lawsuit.

It is also important that you notify the party or parties that you believe to be responsible for the accident by writing them a letter of notification. This letter of notification should include basic information about the accident. Do not, however, discuss fault or responsibility in your letter. Notify these parties right away.

A personal injury attorney can help you file your claim to help you reach a settlement. If a settlement isn’t reached, your attorney may have to take your personal injury lawsuit to court. In Maryland, the statute of limitations for filing a personal injury lawsuit is three years.