Maryland Accident Law Blog

At Least 40 People are Injured in Washington D.C. After Female Driver Plows Her Car Through the Unifest Street Festival in Anacostia on Saturday

June 3, 2007 | Lebowitz & Mzhen

A 30-year-old woman has been preliminarily charged by Washington D.C. police with aggravated assault while armed, after the vehicle she was driving barreled through the Unifest church-sponsored festival last night. The term “armed” refers to the 1991 Volvo that she was driving. At least 40 people were injured in the car collision, and seven of the injured persons were children. Fortunately, there are no fatalities and nearly all of the injured persons have been released from hospitals.

As she was plowing her vehicle through the festival, people tried stopping her by throwing strollers and other debris in her path. The vehicle had been moving at about 70mph, and adults had to push children aside in attempt to keep them out of harm’s way.

The driver, Tonya Bell of Maryland, is in police custody and has been treated for an ankle injury. Many have wondered why she wasn’t apprehended after she was noticed driving erratically earlier. She had even collided with an unmarked police car just 20 minutes before the street festival accident occurred.

According to police, they had followed Bell’s car but were ordered to stop because her traffic violation did not pose a threat to the policemen’s safety. Toxicology reports are pending, and witnesses have reported seeing Bell laughing and smoking as she drove through the festival.

A 7-year-old girl who had been riding with Bell at the time of the incident has been taken into Child Protective Services. She was not injured during the accident.

D.C. Mayor Adrian Fenty is calling the incident one of the “worst serious traffic accidents…in the District of Columbia” history.

More charges against Bell, who struck two police officers (who where thrown off their motorcycles) when they drove in front of her, are pending. The two officers sustained minor injuries from the collision.

Actress-R & B Singer Brandy Counter-Sues Man Suing Her For Personal Injury From Fatal Car Accident

May 31, 2007 | Lebowitz & Mzhen

Brandy Norwood, the R& B singer-actress is countersuing for negligence Mallory Ham, a man who is also suing the performer for personal injury. Both Brandy and Ham are facing wrongful death lawsuits from the family of Awatef Aboudihaj, the woman who was killed when her Toyota Corolla was struck by Brandy’s Range Rover on the San Diego Freeway last December. Ham and Brandy are blaming each other for causing the deadly car collision. Brandy is also challenging the other lawsuits that have been filed against her.

The Los Angeles City Attorney’s Office is still considering whether to charge the performer with vehicular manslaughter. The California Highway Patrol has filed a report suggesting that she face charges for the collision. They claim that she neglected to slow down, even as the traffic grew thicker, causing her to crash into Aboudihaj’s vehicle, which was then struck by Ham’s vehicle. If Brandy is convicted, she could face a $1,000 fine and up to one year in prison.

Car accidents can lead to serious, life altering, and permanent injuries, including death. If another person or party’s negligence caused the accident, it is important that you speak with a personal injury lawyer who can help you assess the extent of your injuries or recovery and file the claim for you. Often, injury victims do not receive the full amount of damages they could be entitled to because they are unaware of how much they can and should receive for their injuries. It is not uncommon for insurance companies to try to settle accident claims for less than what you are entitled to.

You will also want to file your claim within the statute of limitations period that your state allows for the kind of accident that you have been involved in. A good injury attorney can help you recover compensation for your injuries, medical bills, pain and suffering, and/or any lost wages.

If your attorney is unable to negotiate a settlement for you, he or she will then ask you if you would like to file a personal injury lawsuit. You will want to make sure that your attorney is an experienced trial lawyer who knows how to successfully argue your case in front of a jury. You will also want a personal injury lawyer who has the resources to properly investigate and build your case for you.

In Fruitland, Maryland, One Person Dies and Six Others are Injured In Multi-Car Drunken Driving Collision

May 29, 2007 | Lebowitz & Mzhen

Maryland State Police have revealed the names of those who were injured last Saturday in Fruitland, Maryland, when a Hispanic male driving a Pontiac Sunfire GT on Route 13 struck a Pontiac Grand Am and a Honda Ridgeline pickup. The driver is believed to have been driving under the influence. His passenger, also a Hispanic male, was declared dead at the car accident scene.

According to police, the drunk driver had been speeding through the Route 13 and Hayward Avenue intersection, when he struck both the Pontiac Grand Am and the pickup, as he tried to squeeze between the two of them at a stoplight while avoiding police. A police trooper had been chasing after the driver of the Pontiac Sunfire, who was driving his vehicle at a speed of more than 100 miles an hour.

The Pontiac Grand Am, driven by Charles Dvorak Sr., overturned at the median. The car had also been occupied by Dvorak’s wife Doris, and their children Rebecca, 10, and Charles Jr., 12. All of them were treated for non-life threatening injuries and later released from Peninsula Regional Medical Center. The occupants of the Honda Ridgeline, Tyrone and Virginia Strand, were also taken to PRMC where they were later released.

Injuries resulting from the negligence of another driver can be serious and life altering. There may even be injuries that seem minor at the time but later prove to be chronic and long-term—requiring constant medical treatment and care. This is why it is important that you speak with a personal injury lawyer right away if you have been injured in a car accident or any other kind of motor vehicle accident caused by the negligence of another driver or party.

There is a good chance that the negligent party’s insurance company will try to contact you immediately and work out a settlement agreement. There is also a very good chance that you will be offered a settlement that is not the maximum amount that you could receive for your accident.

After Deadly Car Accident, Maryland Governor Martin O’Malley Passes A Law Against Failing to Stop at A Nonfunctioning Traffic Light

May 25, 2007 | Lebowitz & Mzhen

Maryland Governor Martin O’Malley has signed into law a bill that imposes penalties on failing to stop at a nonfunctioning traffic light located off a highway exit ramp. The penalties will be the same as for running a red light.

The state legislation created the bill after a deadly motor vehicle accident in Howard County on January 6, 2006 killed two teenagers who were passengers in a Volvo going west on Route 175 close to Jessup. Teresa Howard of Sykesville and Scott Caplan of Columbia were killed after a tractor-trailer exited southbound Interstate 95 and collided with the Volvo. The traffic light was not functioning properly at the time.

The Maryland state legislature drafted the bill to clarify how drivers should respond when faced with a broken traffic light to prevent this type of personal injury accident from happening again.

Gary Dicks, who was driving the tractor-trailer, a former Howard County police officer, and the Maryland State Police are among those who have been named in a wrongful death lawsuit filed by the parents of the teenagers.

People who are seriously injured on the roads because of another party’s negligence may be able to file a personal injury claim and recover damages for their injury to pay for their medical bills and other costs. If you are someone who has been injured in a personal injury accident, you should speak with an experienced personal injury lawyer who practices law in the state where your accident occurred.

Some Reasons for Hiring A Personal Injury Attorney:

• Insurance companies are experienced in negotiating a recovery for you that may not be the maximum recovery that you can receive for your injuries. A personal injury attorney can represent you during these negotiations, look out for your better interests, and help you recover the best recovery possible for your injury or loss.

• There may be more than one liable party responsible for your personal injury, and a personal injury lawyer can assess your claim for you and make sure that all avenues of recovery are explored.

All Metro Bus Shelters in DC to Be Inspected After Glass Structure Falls and Leads to Injuries

May 24, 2007 | Lebowitz & Mzhen

In the wake of a bus shelter falling on waiting passengers on Macarthur Boulevard near Cathedral Avenue in Washington D.C., all metro bus shelters in the area are to undergo a safety inspection.

The accident happened earlier this month when a Metrobus ran into the shelter, shattering the structure that then fell on waiting passengers. One woman became trapped under the shelter’s metal roof and another woman was also injured. Both women were treated and released from a local hospital.

A Metro spokesperson says that one of the bus’s mirrors had hit the metal-framed shelter structure, causing the glass to shatter and the metal structure to fall.

A similar accident occurred in the exact spot last year where the shelter was then rebuilt. Local residents are concerned that the bus shelter was once again built too close to the road and have expressed worry that similar structures nearby were also built in unsafe locations.

The DDOT (District Department of Transportation), which maintains the shelters, and Metro have said they will investigate the accident together.

If you have been injured on public, private, or commercial property because of unsafe conditions, you may be able to file a personal injury claim and recover compensation for your pain and suffering.

Premises liability consists of claims arising from unsafe buildings, slip and fall accidents, falling objects, or any other unsafe conditions on a premise that leads to someone being injured.

If You Have Been Injured On Unsafe Premises

There are many factors and issues that can arise during a premise liability case, and a good personal injury attorney will know what questions to ask and how much damages can be claimed for your injury. An experienced personal injury lawyer will also know who can be held liable for your accident, especially if the property where you were injured is a public or commercial property—there may be more than one party that can be held responsible for your injury accident.

Bus accidents where the driver may be held liable for your injuries tend to be more complicated than car accident claims because so there are special rules and regulations governing bus drivers and their responsibility to keep the roads, passengers, and pedestrians safe. A personal injury lawyer who is familiar with these rules and regulations can skillfully handle the complexities of your bus injury claim for you.

Baltimore Obstetrician Found Liable for Medical Malpractice Is Ordered to Pay $8.1 Million

May 21, 2007 | Lebowitz & Mzhen

Last week, a jury found Dr. Emerson R. Julian, Jr., an obstetrician and former city councilman, liable for medical malpractice. He has been ordered to pay $8.1 million to the parents of a baby boy who suffered brain damage during a challenging delivery at Mercy Medical Center in 2003.

Baby Caleb Spence’s shoulders had gotten stuck in his mother’s birth canal—this is known as shoulder dystocia. When this happens, the baby’s breathing can become obstructed and doctors are known to try different techniques to deliver the baby as soon as possible. According to Caleb’s family, Dr. Julian applied an extraction technique that is considered dangerous. Dr. Julian disputes this claim.

Because of Maryland law, however, the damages are limited to just above $2.1 million because of a cap on awards for pain and suffering.

According to the plaintiff’s medical malpractice lawyer, Baby Caleb Spence died one year after his birth due to a respiratory illness connected to his permanent brain damage.

Mercy Medical Center agreed to pay an out-of-court settlement last year, of which the terms are confidential.

Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when their treatment causes a patient to grow ill or their condition or injury to become worse. Other incidents of medical practice can include failure to properly diagnose (or delay in diagnosing) an illness, surgical errors, delivery errors, and errors in treatment, prescription, and care.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf.

Who Can Be Held Liable for Medical Malpractice:

• Doctors
• Nurses
• Pharmaceutical companies
• Health care facilities and providers
• Hospitals
• Anesthesiologists

In Maryland, New Law Makes Staging Car Accidents A Crime

May 18, 2007 | Lebowitz & Mzhen

Yesterday, Maryland Governor Martin O’Malley made it a crime to stage a car accident to steal insurance money. Bill HB1409, signed into law, would also limit the amount of access outsiders had to police reports so that perpetrators wouldn’t be able to secure the names of real crash victims and try to get them to take part in fake injury insurance scams. Conviction for illegally accessing these records could mean a $10,000 fine and up to 15 years in prison.

According to Howard Goldblatt, the government affairs director of the Coalition Against Insurance Fraud, these kinds of targeted fraud laws help prosecutors convict participants of insurance fraud rings, which are usually well-protected. The new law can convict kingpins directly so that prosecutors won’t have to go through other laws.

The coalition says that the Baltimore-Washington D.C. corridor is a popular target for auto-fraud rings. These kinds of groups usually try to put as many passengers as possible into a motor vehicle which they can then crash into another car with passengers that are either involved in the scam also or are innocent participants. Participating injured parties will then file personal injury claims—usually for injuries that are hard to verify in terms of their extent.

Staging an auto crash scam would carry fines of three times the amount of insurance money stolen and up to 15 years in prison.

Maryland is the second U.S. state to pass this law, which becomes effective there on October 1, 2007.

Injuries from motor vehicle accidents are no joke—whether the injuries were inflicted intentionally or negligently. This is why it is important that you retain the services of an experienced personal injury lawyer who genuinely wants to help you achieve the maximum recovery possible for your legitimate injury so that you can recover from your pain, suffering, or loss.

If you are involved in a car accident, here are a number of steps to take right away:

• If possible, remove your vehicle out of the way of ongoing traffic.
• Check to see whether anyone has been injured. Call 911 if someone is hurt.
• Contact the police so that they can file a report documenting the accident. This could be evidence on your behalf that could protect you from liability if you were not at fault.
• Get the contact information of everyone involved and give them your information also. Make sure you get their vehicle and insurance information.
• Take down the names and contact information of any witnesses.
• As soon as possible, write down as much information and details about the accident.

• If you have been seriously injured or another passenger in your vehicle has sustained a serious injury or is killed in the accident, contact a personal injury attorney immediately.

Maryland Natural Resources Police Says Ocean City Ranks as One of Three Areas to Watch for Boat Crashes

May 15, 2007 | Lebowitz & Mzhen

As the boating season begins, Maryland Natural Resources Police have their eyes on Ocean City, Deep Creek Lake in Garrett County, and Sandy Point State Park in Anne Arundel County as three areas where the largest number of boating accidents have been known to occur.

In 2006, boating police implemented state trooper strategies in these “big three” areas and succeeded in reducing the number of boating accidents in all three places. They plan to implement the same strategies this year.

Strategies from last year included using helicopter patrols to survey the areas, radio warnings to boats patrolling the areas, checkpoints for testing boat drivers for driving under the influence, and visits to personal watercraft rental shop areas to make sure renters obeyed state laws.

In Ocean City, personal watercrafts are the number #1 problem in Ocean City’s waters, according to the Maryland NRP. In 2005, there were 29 boating accidents in the area, and nearly half of the boats involved were personal watercrafts. More than 50% of these vessels were privately owned and driven by individuals 16-21 years of age who weren’t certified in boater safety.

The U.S. Coast Guard offers a number of boating statistics for 2005, including the following:
• There were 4,969 boating accidents in 2005
• 697 of these accidents resulted in deaths
• 3,451 accidents resulted in injuries
• Over $38 million in property was damaged in these accidents
• The most commonly reported kind of accident involved one boat colliding with another vessel
• Falls overboard and boats capsizing make up 59% of all boating deaths
• Leading contributing factors of all accidents that were reported include operator inattention, carelessness/reckless operation, operator inexperience, and excessive speed
• Alcohol either directly or indirectly contributed to about 25% of all boating deaths

Safe Kids Worldwide Says Maryland is Number 12 in State Rankings of Unintentional Child Injuries and Deaths During Summers

May 14, 2007 | Lebowitz & Mzhen

A new study recently released by Safe Kids Worldwide says that Maryland is number 12 out of all 50 states and D.C. in a new ranking report of children’s unintentional injury deaths during the summer. The report is called The Safe Kids U.S. Summer Safety Ranking Report.

Maryland’s unintentional injury-related death rate over a five year period was 2.42 children/100,000 kids. The summer season is known as “trauma season” to emergency personnel, since the number of serious injuries and preventable deaths involving children rises drastically during this time.

Vermont, ranked in the report as the number one state, leads the country with 1.63 children for every 100,000 children dying in an unintentional incident during the summertime. New Jersey was # 2 in the rankings. D.C. ranked #3, New York is #4, and Delaware is #5.

According to the report, 17 children a day (2,143 total) died from May –August 2004 because of preventable injuries. 2.4 million children ended up in the emergency room because of unintentional injuries, with many of these injuries resulting in paralysis, brain damage, and other major disabilities.

In another Safe Kids Worldwide study, the five most common causes of children’s injury deaths that can be prevented include:

— Drowning (increases 89 percent in the summer over the annual monthly
average)
— Biking (increases 45 percent)
— Falls (increases 21 percent)
— Motor vehicle passenger injuries (increases 20 percent)

— Pedestrian injuries (increases 16 percent)

If your child has been seriously injured or killed because of another’s negligence, it is important that you speak to a personal injury lawyer right away.

Seven Vehicle Crash On The Chesapeake Bay Bridge In Maryland Kills Three People And Injures Five Others

May 11, 2007 | Lebowitz & Mzhen

A deadly multi-vehicle accident on Maryland’s Chesapeake Bay Bridge yesterday left three people dead and five others with injuries. The seven-car collision took place on the newer, three-lane span, just after 4pm, when a trailer being towed by an SUV broke loose and other drivers swerved their vehicles to avoid colliding with it. A flatbed truck, two pickup trucks, a working van, a car, and a tractor-trailer tanker rig were the other vehicles involved in the crash.

According to one witness, the tanker tried to stop and served into the middle lane. The one car involved in the collision and one of the pickup trucks were completely totaled. The SUV that had been towing the trailer appeared to not have sustained too much damage.

Police say that one of the injured persons was taken by helicopter to Maryland Shock Trauma Center in Baltimore.

The pileup is said to be the worst accident on the bridge in over ten years and the third accident where three people have been killed in the three-lane span. Usually, the three lanes are for traffic going westbound—although sometimes the lanes are for two-way traffic. All three accidents where there were three fatalities took place when the span was accommodating two-way traffic.

If you have been seriously injured in a motor vehicle accident in the state of Maryland, it is important that you speak with a personal injury lawyer who represents clients in this state.

Filing an injury claim can be complicated, and you want to retain the services of an attorney who can help you obtain the best results for your case, as well as the maximum recovery possible. If you go directly to an insurance company, they may negotiate a settlement with you that doesn’t fully reflect the extent of financial recovery that you are entitled to.