Maryland Accident Law Blog

Elkton, Maryland Man Gets Six Years In Prison For Hit-And-Run Death of Teenager

April 12, 2007 | Lebowitz & Mzhen

Shawn Wayne Gibson, 37, has been ordered by an Cecil County Judge to serve a nine-year prison term (three of those years have been suspended). He will also serve three years of supervised probation. Gibson is being held responsible for striking teenager Christopher Donovan Snyder with his 1996 Nissan Quest last September, when his van strayed off the westbound lane of Route 40 and hit the 16-year-old from behind. The teenager was killed instantly. Gibson also just barely missed Tony Rojas, Gibson’s best friend.

According to police, Gibson left the scene of the car accident. There was also no evidence that he attempted to stop and avoid Snyder, who was 12-15 feet away from the roadway. Gibson had initially tried to blame someone else for committing the hit-and-run, saying strangers had carjacked his van and killed Snyder. Empty and full beer cans were found in the “extensively damaged” van.

Cecil County Circuit Court Judge O. Robert Lidums said “Although this was an accident, in many ways it was more than an accident. By virtue of (Gibson’s) history, he’s in a position to recognize that this accident could have been prevented.” Gibson already had been involved in numerous traffic and drug-related cases prior to the deadly accident.

Gibson has now accepted full responsibility for his role in the fatal accident. He pleaded guilty to negligent manslaughter by motor vehicle.

If you are involved in a car accident, it is important that you stop your vehicle, assist anyone who has been injured, contact the police if someone has been hurt or there has been extensive damage to one of the vehicles, and exchange contact, vehicle, and insurance information with the other drivers. You will also want to document the details of the accident, the time the accident occurred, road conditions, weather conditions, and other specifics.

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.

Beltway Trucker Involved In Fatal Collision That Killed One Man And Injured Two Others Had Multiple Traffic Citations In Maryland And Six Other States

April 9, 2007 | Lebowitz & Mzhen

Roger Scofield, Jr., the man involved in a March 19 accident in Prince George’s County that injured two people and killed one man apparently had traffic citations in Virginia, Maryland, New York, Rhode Island, Connecticut, New Jersey, and Delaware. Citations included speeding, inattentive driving, careless driving, driving on a suspended license, and driving with defective breaks. He also had at least two convictions and was driving with a suspended license at the time of the March 19 accident.

A $20 million wrongful death suit has already been filed against Scofield and his employer. Scofield also faces charges of driving with a suspended license and reckless driving—and possibly, vehicular homicide. According to police, Scofield’s tractor-trailer struck a 1995 Honda Accord and then hit two other cars that were in front of the Honda. One of those two vehicles was being driven by Jose Marcos Portillo Villalta, who died at the accident scene. The drivers of the other two vehicles were injured.

According to an executive from B.K. Trucking, the company that hired Scofield to deliver bananas to Virginia on March 19, the truck driver did not know that his license was suspended and that the accident had more to do with being at a bad place at a bad time than his driving record.

According to the Federal Motor Carrier Safety Administration, truck companies are obligated to check the driving record of all truck drivers before hiring them.

Because tractor-trailers are large in size, anyone involved in an accident with a tractor-trailer or any other kind of truck stands a good chance of being seriously injured. Truck drivers tend to have limited visibility when driving trucks and commercial truck drivers are required by law to drive only for a certain amount of hours before stopping to rest. Many accidents on the road have occurred because a truck driver was tired. In personal injury lawsuits involving a commercial truck driver, the truck company that hired the truck driver may also be found liable.

Because of this, truck companies are well-equipped to handle personal injury claims and combat them. This is way it is important if you have been injured in an accident involving a truck driver that you hire an experienced personal injury attorney right away. A skilled personal injury lawyer can make sure that all avenues of recovery are explored and all parties that can be held responsible for your accident are held liable so you don’t have to pay for your recovery.

Man Orders Pit Bull to Attack 17-Year-Old Boy In Gambrills, Maryland

April 5, 2007 | Lebowitz & Mzhen

Anne Arundel County Police say that a man told his pit bull to attack a teenage boy on the night of March 16th. The boy and his friend were sitting in a parked car on Farrara Drive in Gambrills, Maryland when the man drove up in his Silver Ford Taurus and asked them if they knew anyone named Andy. Both boys said that they didn’t. The man then got out of his car, opened the boys’ car door and told his pit bull to get them.

The 17-year-old boy sustained a six- to seven-inch cut and small puncture wounds on his left bicep, where he was bitten by the pit bull. The boy drove himself to Nighttime Pediatrics, and from there an ambulance drove him to Baltimore Washington Medical Center.

Maryland places strict liability on a dog’s owner if their dog attacks a person without provocation, whether or not the dog has a prior history of violence.

Citation: MD Code, Criminal Law, § 10-619
Statute in Full:
Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) “Dangerous dog” means a dog that:
(i) without provocation has killed or inflicted severe injury on a person; or
(ii) is determined by the appropriate unit of a county or municipal corporation under subsection (c) of this section to be a potentially dangerous dog and, after the determination is made:
1. bites a person;
2. when not on its owner’s real property, kills or inflicts severe injury on a domestic animal; or

3. attacks without provocation.

(3)(i) “Owner’s real property” means real property owned or leased by the owner of a dog.

(ii) “Owner’s real property” does not include a public right-of-way or a common area of a condominium, apartment complex, or townhouse development.

(4) “Severe injury” means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
Exception
(b) This section does not apply to a dog owned by and working for a governmental or law enforcement unit.
Determination of potentially dangerous dog
(c) An appropriate unit of a county or municipal corporation may determine that a dog is potentially dangerous if the unit:
(1) finds that the dog:
(i) has inflicted a bite on a person while on public or private real property;
(ii) when not on its owner’s real property, has killed or inflicted severe injury on a domestic animal; or
(iii) has attacked without provocation; and
(2) notifies the dog owner in writing of the reasons for this determination.
Prohibited
(d) A dog owner may not:
(1) leave a dangerous dog unattended on the owner’s real property unless the dog is:
(i) confined indoors;
(ii) in a securely enclosed and locked pen; or
(iii) in another structure designed to restrain the dog; or
(2) allow a dangerous dog to leave the owner’s real property unless the dog is leashed and muzzled, or is otherwise securely restrained and muzzled.
Required notice
(e) An owner of a dangerous dog or potentially dangerous dog who sells or gives the dog to another shall notify in writing:
(1) the authority that made the determination under subsection (c) of this section, of the name and address of the new owner of the dog; and
(2) the person taking possession of the dog, of the dangerous behavior or potentially dangerous behavior of the dog.
Penalty
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500

Statistically, nearly five million people in the United States are injured every year from a dog attack. Many of these victims are children 10 years of age or younger.

800,000 dog attacks each year result in injuries needing medical care, with about 6,000 victims requiring hospitalization.

Two People Injured After Major Collision On Jones Fall Expressway In Maryland

April 3, 2007 | Lebowitz & Mzhen

Baltimore city police say that two people were hurt after a GEO Prism traveling in the fast lane on the North Avenue overpass on the Jones Fall Expressway rear-ended a 1997 Chevy van and subsequently became involved in another collission.

The two drivers had agreed to move to the shoulder of the road to exchange details when the van was hit by a Mitsubishi Montero. The van then swung into the Geo Prism, which then struck the Jersey wall and partially fell over the barrier before resting on the roadway. The passenger and the driver of the Geo Prism both had to be rescued, and the driver was taken to Maryland Shock Trauma Center with severe head wounds and in reportedly critical condition. The cause of the collision is being investigated.

Head, neck, and back injuries are among the more common kinds of injuries that can occur during a car accident.

If you have sustained an injury in a car accident, it is important that you speak to a personal injury attorney right away. The insurance company of the other party will likely want to speak with you, and you will not be able to accurately judge how much it will cost for you to recover from your injury without the help of an experienced lawyer.

In addition to the costs of current treatment, surgery ,or other types of medical care needed for your recovery, there may be lost wages (from time taken off work) and future therapy or surgery that will have to be factored into consideration. A personal injury attorney can protect your rights and make sure that your interests are protected if you have been injured because of another’s negligence.

You will also want your own attorney to investigate the cause of the accident and provide evidence that can help your case. A good personal injury lawyer will work with top experts to investigate the accident scene, assess the damage to your vehicle, estimate what it may cost for you to recover, as well as figure out how many negligent parties are liable for your accident and injury.

You will also want to work with an attorney who is successful at winning trials in the event that your lawsuit ends up in court. A good personal injury attorney will help you obtain the maximum recovery possible for your case.

In Washington D.C., Metro Bus Driver Is Fired After Two Pedestrians Are Killed On Valentine’s Day

March 30, 2007 | Lebowitz & Mzhen

Victor Z. Kolako, the Metro bus driver who has been charged with two counts of negligent homicide for the death of two pedestrians in downtown Washington D.C. on Valentine’s Day, has been fired by Metro.

Kolako had struck Sally Dean McGee, 54, and Martha Stringer Schoenborn, 59, at Seventh Street and Pennsylvania Avenue. The two women were crossing the street in the crosswalk while the “walk” sign was, on after leaving work at the Federal Trade Commission, when they were hit by the bus that Kolako was driving.

Kolako, 53, had been a Metro bus driver since 2000. Metro General Manager John B. Catoe says that Metro will start monitoring its bus drivers for moving violations while on duty and will coordinate its efforts with DMV’s in Maryland, Washington D.C., and Virginia.

Bus drivers are driving “common carriers” and are, by law, obligated to make sure that they drive with the utmost caution while making sure that the passengers they are carrying on the bus and others on the road are safe.

If you have been injured or someone you love has been killed because of a negligent bus driver, it is important that you speak with a personal injury lawyer who is experienced in dealing with bus accidents.

Public buses are usually owned or run by county, city, or regional transportation departments. This means that a public bus driver may very likely also be a government employee. Obtaining your recovery from the insurance company of a local government or a bus company can be much more complicated than dealing with the insurance company of a car driver. You want to ensure that your rights are protected and every avenue of recovery is explored.

Some of the injuries that can occur during a bus accident:

• Spinal cord injuries
• Internal injuries
• Broken bones, fractures, and sprains
• Burn injuries
• Head injuries
• Brain trauma

Maryland Motorcycle Rider Dies After Accident With Pickup Truck

March 29, 2007 | Lebowitz & Mzhen

Police are investigating an accident in Felton, Delaware, involving a pickup truck and a motorcycle that left Maryland resident and motorcycle rider, John Bishop, 55, in critical condition on Tuesday. Police say that Bishop was riding behind the pickup truck, driven by Charles Muldrow, 57, when, at the intersection of Routes 12 and 13, the pickup slowed down because of traffic. Bishop, however, continued riding his motorcycle at the same speed and hit the back of the truck. He was transferred to Shock Trauma.

Although Bishop had been wearing a helmet at the time of the accident, he sustained a fractured skull and other injuries. He died on Wednesday. Muldrow was not hurt during the collision.

The Insurance Information Institute offers the following 2005 statistics on motorcycle accidents:

• In 2005, 4,553 people died in motorcycle crashes, up 13.0 percent from 4,028 in 2004. The 13 percent increase was the largest since 1977.  
• Motorcycle crash fatalities have increased for eight years in a row.  
• There were 5.8 million motorcycles on U.S. roads in 2004, according to latest data available, compared with 133.3 million passenger cars. Motorcycles accounted for 2.4 percent of all registered motor vehicles and 0.3 percent of vehicle miles traveled in 2004.  
• Some 88,000 motorcycles were involved in crashes in 2004.
 
• Motorcyclists were 34 times more likely than passenger car occupants to die in a crash in 2005, per vehicle mile traveled, and 8 times more likely to be injured.  

• The fatality rate for motorcyclists was 4.8 times the fatality rate for passenger car occupants per registered vehicle in 2004.

Injuries sustained as a result of a motorcycle accident can be life threatening—even fatal:

• Head injuries
• Spinal cord injuries
• Helmet injuries
• Neck injuries
• Burns
• Road rash
• Severed limbs
• Paralysis
• Coma
• Severed or amputated limbs
• Permanent disabilities

Industrial Accident Injures Worker In Fall From Conveyer Belt In Pittsville, Maryland

March 28, 2007 | Lebowitz & Mzhen

According to Maryland State Police, a worker in Pittsville, Maryland was injured last week after he fell to the ground from a conveyer belt that was 8.5 feet up in the air.

The worker, Stanford McKenzie, 53, is an employee of Maryland Coastal Supply Company. McKenzie was taken to Peninsula Regional Medical Center in Salisbury. The Maryland Occupational Safety and Health Administration (OSHA) has been called upon to investigate the accident.

In Maryland, many workers who have been injured on the job because of their job are usually covered by the Maryland Workers’ Compensation Act. Workers’ compensation provides temporary partial disability benefits, temporary total disability benefits, permanent partial disability benefits, and permanent total disability benefits. Workers’ compensation provides injured workers with permanent disability awards, pays for medical bills, and compensates them for lost wages.

Common injuries that can occur on the job:

• Back injuries
• Finger and hand injuries
• Wrist injuries
• Industrial accidents
• Repetitive stress
• Truck accidents
• Exposure to toxic substances
• Occupational illness
• Neck injuries
• Head injuries

If you have been injured at work, it is important that you report the accident and injury right away. You should also speak with a personal injury attorney who is experienced in handling workers’ compensation cases. An experienced lawyer can help you obtain the maximum recovery for your claim. If your employer is contesting your claim, an attorney can also represent you and protect your rights. By availing of workers’ compensation, you are not allowed to sue your employer for personal injury. You can, however, still obtain the recovery that you deserve for your pain and suffering or loss.

If you are someone who has lost a loved one due to a work-related accident, you also may be entitled to compensation under the workers’ compensation laws in your state.

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.

Seven People Injured On Capital Beltway After Tractor-Trailer Rear-Ends Fire Truck

March 22, 2007 | Lebowitz & Mzhen

Maryland police say that seven people were injured on the Capital Beltway yesterday, after a tractor-trailer hit the back of a fire truck and then collided with two other vehicles.

According to a witness, the fire truck was decreasing its speed to take an emergency lane when the tractor-trailer rear-ended the fire truck, which then flipped over.

Prince George’s Fire and Rescue spokesperson says four firefighters from the Allentown Road Volunteer Fire Department were injured. Three others were also injured.

Personal injury claims involving truck accidents can be much more complicated, because of the many laws that govern the trucking industry. If you have been injured in an accident where a truck driver was negligent, it is important that you retain the services of a personal injury lawyer who is familiar with the different trucking regulations, the kind of evidence that needs to be brought to make your case, and the different remedies that are available to you.

Possible Defendants:

Depending on the nature and of the accident, who was at fault, and the kind of truck involved, an injured person may be able to claim compensation from a number of parties:

• Truck driver
• Tractor-trailer owner
• Truck leasing companies
• Trucking company
• Manufacturer of the truck or a defective truck part that led to the accident
• Truck Shipper

If there are other parties or vehicles that were negligent, your attorney can file claims against them also. Recovery damages can include damages for injury, pain and suffering, medical bills, lost wages, and lost future income.

Statistically, 99% of the people that are killed in accidents involving tractor-trailers are the passengers that were riding in the other vehicle(s) when a collision occurred.