Personal Injury

Maryland Drivers Face Fines as High as $140 If They Are Caught Text Messaging

April 20, 2007 | Lebowitz & Mzhen

Although text messaging while driving is not considered illegal in Maryland, drivers could be fined if caught by police.

A recent survey by Nationwide Mutual Insurance found that 37% of drivers between the ages of 18 and 27 engage in text message while driving. This can make the roads more dangerous, especially as drivers in this age group have the least experience behind the wheel. 17% of drivers, age 29-44, send and receive text messages while driving.

In Maryland, a police officer could fine a texting driver up to $140 for the offense. The fine could be even larger if the texting causes the driver to become involved in a motor vehicle accident. The Maryland General Assembly recently rejected a proposal to ban the use of cell phones while driving.

According to Washington Representative Joyce McDonald, text messaging actually requires a higher level of consciousness and concentration than talking on a cell phone.

Recent accidents involving driving while texting:

• In Seattle, Washington, a 53-year-old driver caused a multi-car pileup on an interstate highway while using a Blackberry.
• In 2005, a 26-year-old died near Athens, Tennessee, after losing control of his pickup truck while text messaging on his cell phone.
• An 18-year-old Colorado resident was ordered to serve 10 days in jail after he ran over and killed a senior bicyclist. The Colorado driver had been driving and texting at the same time.
• A California man was convicted of second-degree manslaughter and gross vehicular murder while intoxicated. He had been text messaging someone while driving, just before he ran over a police officer with a pickup truck.

Text messaging while driving can lead to serious accidents and injuries—even death. A person who has been injured on the road because another driver acted negligently while text messaging should speak with an experienced attorney. As a victim of another’s negligence, you may be eligible to file a personal injury claim. The liable party should be held responsible for your medical bills and recovery, and an experienced personal injury law firm can help you obtain the maximum recovery for your case.

Bill Allowing Maryland Law Enforcement Officials To Contact Family Members and Loved Ones Of Traffic Accident Victims More Quickly Is Likely To Pass The General Assembly, Says Maryland Delegate Bates

March 23, 2007 | Lebowitz & Mzhen

Andrew’s Law, a bill that would require the Motor Vehicle Administration to let people who are applying for a driver’s license or other forms of state identification list three emergency contact numbers, has a good chance of being passed by the Maryland General Assembly, says bill sponsor Delegate Gail Bates.

Currently, the MVA does not keep contact information on file, but the new law would mandate the creation of a database with this information that police and other law enforcement officials can use to call loved ones of individuals who have been victims in car accidents, motorcycle crashes, truck collisions, pedestrian accidents, and other kinds of traffic accidents.

The bill is named after the son of Delegate Bates’s cousin. Andrew was killed in a car accident. Andrew’s wife (and next of kin) had also been in the car with him at the time of the accident and had to be taken to the University of Maryland Shock Trauma Center. Andrew’s parents were not notified about the deadly car crash for close to 12 hours. Instead of a call from police, they found out about the tragedy through a phone message that was left by Andrew’s brother-in-law.

Bates says that she hopes that the bill can reach the General Assembly before its adjournment on April 9.

Wrongful Death Claims

A wrongful death claim can be brought by family members who have lost a loved one in a traffic accident where a driver was negligent or careless. Even though filing a claim against a negligent party cannot bring your loved one back, it is an acknowledgement by a civil court that a wrong has been done to you. It is also a way to hold the negligent party accountable for their actions and pay for any costs associated with the wrongful death.

Husbands, wives, sons, daughters, mothers, and fathers are allowed to file a wrongful death claim. Recovery can include pain and suffering, lost income and benefits, medical costs, and funeral/burial/cremation expenses. An experienced personal injury lawyer can help you file your claim.

Personal Injury Claims

If you have been seriously injured in a traffic accident because another person was negligent, you can file a personal injury claim. A personal injury lawsuit holds the negligent party responsible for your recovery costs and pain and suffering. It is important that you retain the services of a personal injury attorney that has the resources and tools to thoroughly investigate the accident and prove that the other party was negligent.

Recent Subway Accidents In D.C. Show An Aging Metro System

February 2, 2007 | Lebowitz & Mzhen

A series of DC Metro subway accidents in the past year, including a subway derailment in downtown D.C. in early January that put 20 people in the hospital and left 60 people stranded in a tunnel, is causing federal safety officials to examine the country’s second busiest urban rail system.

In another Metro-related accident last year, two track workers were killed after being hit by a train. Two workers were also struck and killed by trains in May 2006 and October 2005. The National Transportation Safety Board is investigating the latest three accidents.

The DC Metro system, which began operating over 30 years ago, has close to 1,000 rail cars that travel through a more than 100-mile route, taking almost 700,000 people to jobs, their homes, meetings, and tourist sites.

Because of the recent accidental deaths among train workers, track workers are now only allowed to inspect the metro rails between 10 a.m. and 3.pm., when fewer trains are running. Trains are also being ordered to slow down to under 20mph as they approach track workers and cannot pass them unless the workers give them the signal to do so.

Some causes of train-related deaths and injuries:

· Train derailments
· Train crashes
· Faulty equipment
· Walking too close to the train tracks
· Work-related errors

Examples of train injuries: burn injuries, internal injuries, spinal cord injuries, and broken bones, brain injuries, and other injuries that are associated with motor vehicle-related accidents.

The personal injury law firm of Lebowitz and Mzhen represents clients who have been injured in accidents due to someone else’s negligence. We represent clients injured in motor vehicle accidents, boating accidents, products liability cases, medical malpractice cases, and other types of personal injury cases.

Howard County Police Chief Wants County Council To Approve Use Of Tasers By Officers

January 30, 2007 | Lebowitz & Mzhen

Howard County Police Chief William J. McMahon wants the County Council to repeal a law banning the use of stun guns because he wants to equip several of his officers with Tasers.

The handheld stun gun incapacitates a person for five seconds by shooting probes into that person’s skin. Several high profile reports regarding the misuse of stun guns, however, have caused policy makers to be very cautious when considering approving their use.

For example, a taser gun was used on a 6-year-old school boy at his school’s office in Miami, while a police officer in Orlando, Florida used a stun gun on a suspect who was chained to a hospital bed and was not a threat to the officer. Taser International, the company that supplies Taser stun guns, is facing about 50 personal injury and product liability lawsuits.

According to Amnesty International, approximately 61 people died in the US in 2005 after being shocked with a Taser repeatedly.

Last August, Taser International settled class action lawsuits with its shareholders for approximately $20 million. Its shareholders accused the company of exaggerating its product’s safety. However, the Company did not admit to any wrongdoing.

Hudson County Police Chief McMahon says he believes that with the proper training, misuse by police officers can be prevented.

The personal injury lawfirm of Lebowitz and Mzhen represents clients who have been injured due to someone else’s negligence in personal injury and products liability lawsuits.

Personal injury claims and lawsuits happen when a person is injured by someone else’s careless or intentionally negligent act. If a person is deemed legally responsible for injuring another person, then they are liable for causing the injury and may be required to compensate the injured person for the damage caused. Compensatory damages are intended to help a person recover from their injury and pay their medical and recovery costs so that they may, to the best extent possible, be restored to the same condition and quality of life that they had before the accident. Punitive damages may also be awarded in a personal injury case. The monetary award is intended to punish the person responsible for the injury.

A person who is injured using a product that is damaged or dangerous may be able to file a products liability lawsuit. The lawsuit can be brought against any company or person that was involved in making or distributing the product. A court may order compensatory or punitive damages in a products liability lawsuit.

Car Crash In Annapolis Involving Stolen Car Kills One Man And Puts Two People In The Hospital

January 23, 2007 | Lebowitz & Mzhen

In Annapolis, Maryland, a deadly car accident on Aris T. Allen Boulevard brought traffic to a halt for over four hours last Saturday. According to an Annapolis police spokesperson, a stolen white Volvo sedan had been speeding east on the boulevard near the Vineyard Road intersection when it crossed over the grassy median and hit a green Toyota SUV going westbound.

The passenger in the Volvo was declared dead at the accident scene, while the driver of the stolen vehicle was taken to Maryland Shock Trauma Center in Baltimore. The driver of the SUV was taken to Anne Arundel Medical Center. Both drivers were in critical condition when they were admitted.

Because of the extensive traffic, motorists were forced to turn onto side roads to get to their destination. Aris T. Allen had to be closed on both sides following the accident. The traffic was diverted to other roads, which created gridlock in other parts of the city.

If you or a loved one has been injured in a car accident due to someone else’s negligence, you may be able to file a personal injury lawsuit to win compensation for the injuries. It is important that you consult with a competent personal injury attorney before filing your lawsuit—especially if your injury is very severe. There may be complex legal rules related to your claim and the amount of compensation you could win might be different than the norm because of the kind of injury you’ve sustained. A personal injury attorney can help you with these issues. Retaining a personal injury can also make an insurance company less resistant to paying your accident claim.

Nolo.com recommends retaining a lawyer for the following kinds of accidents and injuries:

Long-Term or Permanently Disabling Injuries

Some accidents result in injuries that significantly affect your physical capabilities or appearance for a long time — over a year — or even permanently. Figuring out how much such a serious injury is worth can be a difficult business. You’ll probably require some assistance from an experienced lawyer to get the most out of your claim.

Severe Injuries

The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.

Medical Malpractice

If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases.

Toxic Exposure

In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.

When an Insurance Company Refuses to Pay

In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something — what the lawyer can get minus the fee charged to get it — is better than nothing.

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.

On “Deadliest Drunk Driving States” List, Washington D.C. Ranks #1

December 15, 2006 | Lebowitz & Mzhen

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%.