Maryland Accident Law Blog

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.

Maryland State Police Cites Driver Error As Major Reason For Traffic Accidents

February 19, 2007 | Lebowitz & Mzhen

The Maryland State Police regularly put together a record of traffic accidents that occur on Maryland roads and categorize them by routes. Routes most often cited for where accidents often occur include the following areas:

· Interstate 695 in Baltimore County
· Maryland 2 in Anne Arundel County
· U.S. 40 in Harford County
· U.S. 140 in Carroll County
· Interstate 95 in Howard County
According to David Buck, a spokesperson for the Maryland State Highway Administration, 90% of traffic motor vehicle accidents are caused by driver error, and “a road is only as dangerous as a driver makes it.”

In order to avoid unnecessary driver error, a number of driving experts offer a number of recommendations, including the following:

· Signaling before turning
· Merging carefully
· Staying within the proper speed limit
· Changing lanes safely
· Following the laws
· Not driving under the influence

Careless driving can lead to injuries and death if a driver is not careful while on the road. If a driver hurts or kills someone because of their negligent or careless actions on the road, he or she may be liable for personal injury or wrongful death damages filed on behalf of the victims or their surviving family members.

A number of kinds of serious physical injuries can occur to a person during a car crash, motorcycle accident, or truck collision, including the following:

· Nerve damage
· Dislocated or broken limbs or bones
· Spinal chord paralysis
· Limb amputation
· Severe burns
· Head injuries
· Neck injuries

One Man Dies In Deadly Washington D.C. Car Crash, While A Maryland Driver Is Charged With Second-Degree Murder

February 16, 2007 | Lebowitz & Mzhen

Kadri Atalay, a 42-year-old man from Gaithersburg, Maryland, was charged with committing second-degree murder, after driving his Mercedes SUV on the wrong side of Wisconsin Avenue, NW, in Washington D.C. and hitting a Chrysler Sebring that was being driven by a 29-year-old DC man. The 29-year-old man was later declared dead at the Medstar trauma unit of the Washington Hospital Center.

Atalay is also being treated at the Washington Hospital Center for injuries that are non-life threatening. Preliminary reports say that speeding and driving under the influence of alcohol may have caused the collision. The speed limit on Wisconsin Avenue is 25 miles/hour.

Damages From Personal Injury and Wrongful Death Accidents

If you have a loved one who has been killed in a car accident due to someone else’s negligence, you may be able to file a wrongful death lawsuit. In Washington D.C., you have one year from the time of the accident to file a wrongful death claim. Unlike many states, the District of Columbia does not have a wrongful death cap for the amount of reward damages that may be brought.

Fatalities In Car Collisions

Every year, thousands of people in the United States are killed in car accidents. In 2003 alone, over 38,000 fatalities involving car accidents occurred on U.S. roads, killing 42,643 people. Fatal car crashes are a major cause of death for people 5-27 years of age. When these fatalities occur because someone else on the road was acting negligently or carelessly, the surviving family members of the person who has been killed have a right to be financially compensated for their suffering and loss. Over 5,000 pedestrians are also killed every year because of fatal car crashes.

Main Causes of Fatalities Occurring During Car Crashes:

· Speeding
· Driving under the influence
· Tiredness
· Recklessness
· Aggressive driving
· Not paying attention to roads or driving conditions
· Not wearing a safety belt or helmet
· Not stopping at red lights
· Faulty design of the vehicle
· Vehicle malfunction

AAA Mid-Atlantic Offers Teen Drivers Tips On How To Drive In Winter Conditions

February 14, 2007 | Lebowitz & Mzhen

The AAA recently released driving suggestions for teen drivers who may not be used to driving in snow conditions. Here are some of the tips:

· Supervise your teen driver while he or she practices driving in snow or ice; let your teenager practice steering and hard breaking in skidding conditions
· Think about letting your teen driver only drive during daylight hours where they can see the weather and road conditions more clearly
· Try to avoid letting your teen driver’s first experience driving in winter weather be during a big snowstorm
· Remind your teen driver that drinking while driving will only make driving in winter conditions even more dangerous

· Ensure that your teenager’s motor vehicle has emergency equipment, such as a flashlight, cell phone, jumper cables, and an ice scraper.

Here are a few teen driver fatality statistics:

· Teen drivers make up 14% of all motor vehicle-related deaths
· 45% of the time that a teen driver was killed in a car accident, he or she was driving with another teenager in the car
· 1/3 of teen driver fatalities are speeding-related

Common causes of accidents when teen drivers are at the wheel:

· Not paying attention to the roads or weather conditions
· Driving too fast
· Not wearing a safety belt
· Tiredness
· Driving with other teenagers

Six People Are Injured In Hunt Valley, Maryland When Accident Involving Tractor-Trailer And Light Rail Train

February 12, 2007 | Lebowitz & Mzhen

Five light rail train passengers and the train’s driver were hospitalized last week, after a tractor-trailer and the train collided with one another in Hunt Valley. The train was derailed in the accident, and service throughout the area was disrupted.

The truck driver, Marshall F. Hartsell, 65, was headed southbound on Gilroy Road near Schilling Circle when he turned left to cross the tracks, thereby colliding into the train. Hartsell is being blamed for failing to obey the sign prohibiting left turns when a train is approaching. He was given a citation for failing to yield to oncoming traffic while making a left turn. His truck is owned by T.S. Expediting Services of Toledo, Ohio.

Twenty people were riding on the train when the accident occurred. Two of the six injured persons were treated at Greater Baltimore Medical Center while the other four were treated at Joseph Medical Center. All of them reportedly had minor injuries.

Truck Driver Is Acquitted In Deadly Accident That Killed Two Teenagers In Howard At Non-working Traffic Light

February 9, 2007 | Lebowitz & Mzhen

Gary Lee Dicks, a Virginia truck driver, was acquitted by a Howard County District Court judge for traffic citations he had received in connection with a tragic accident involving a non-working traffic light that led to the deaths of two Howard County teenagers in January 2006.

Scott Kaplan, a 19-year-old from Columbia, and Theresa Howard, an 18-year-old from Sykesville, died on January 6, 2006 at the intersection of Interstate 95 and Route 175 in Jessup when Dicks exited 1-95 on his tractor-trailer and hit the Volvo that the teenagers were riding in. The traffic light at the intersection was not working at the time, nor was it being supervised by state or county police.

Howard County Police say that a number of incorrect assumptions and missteps resulted in county police failing to staff the non-working light and mark it with safety devices. Because of this accident, Howard County police officers have now been ordered to never leave the scene of a non-working traffic light.

On February 1, Judge Pamila Brown found Dicks not guilty of failure to stop at a through highway and yield the right of way and not guilty of negligent driving.

The Virginia truck driver is still a defendant in two wrongful death lawsuits filed separately by the teenagers’ parents. Each lawsuit is demanding $5 million. The Maryland State Police, a state trooper, a former Howard County police officer, the driver of the Volvo that Caplan and Howard were riding in, and the five transportation companies that subcontracted work to Dicks are also defendants in the suit.

A wrongful death case can be very complex, especially when several parties are named in a claim. Out-of-court settlements, instead of going to trial, tend to be common. When these occur, the damage awards that are sought are often lowered.
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Statute of Limitations for Personal Injury Actions Involving Adult Victims in the State of Maryland:

Wrongful Death: This type of claim must be filed no more than three years from the date of death. In cases involving wrongful death due to a toxic substance in the workplace, a claim must be filed either within three years from when the cause of death was discovered or ten years from the date of death.

Medical Malpractice: This type of action must be filed within five years of the occurrence of the malpractice act that led to the injury or within three years of discovering the injury.

Products Liability: A person injured in a products liability case has three years from the date of injury to make a claim.

Maryland Bus Driver Using Cell Phone Among The Accidents Cited Where Driving And Dialing Have Led To Injuries

February 7, 2007 | Lebowitz & Mzhen

Federal officials in the U.S. say that bus drivers who use cell phones while driving may be partially to blame for the 17,000 school children that sustain injuries from school bus accidents each year. In an undercover news report by ABC News and Good Morning America, the reporting team got on school buses to observe a number of bus drivers. Over four days, the news team reported seeing 17 bus drivers dialing their cell phone while driving with school children on the bus. Two bus drivers reportedly stopped using the phone when they saw that a news camera crew was shooting them.

Examples of school bus accidents involving cell phone-using bus drivers:

· A bus driver in Prince Georges County, Maryland lost control of the bus while talking on his cell phone. 30 students were hospitalized.

· An 8-year-old girl lost her right forearm. The bus driver was talking on his cell phone when the accident occurred.

The Governors Highway Safety Association says that all states should make it illegal for bus drivers to use their cell phone when they have passengers riding their bus.

Only the District of Columbia and 11 U.S. states ban cell phone use while driving a bus:

· Arizona
· Arkansas
· California
· Connecticut
· Delaware
· Illinois
· Massachusetts
· New Jersey
· Rhode Island
· Tennessee
· Texas
· DC

The Official Journal Of American Academy of Pediatrics Offers The Following Statistics Regarding School Bus-Related Injuries For Teenagers And Children:

· There were an estimated 51100 school bus–related injuries treated in US emergency departments from 2001 to 2003, for a national estimate of 17000 injuries.
· Ninety-seven percent of children were treated and released from the hospital.
· Children 10 to 14 years of age accounted for the greatest proportion of injuries.
· Motor vehicle crashes accounted for 42.3% of all injuries, followed by injuries that occurred as the child was boarding/alighting/approaching the bus (23.8%). Head injuries accounted for more than half (52.1%) of all injuries among children.
· Strains and sprains accounted for the highest percentage of all injuries, followed by contusions and abrasions (28.3%) and lacerations (14.9%).

· More than three quarters (77.7%) of lacerations were to the head.

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.

Following Deadly Car Crash, Singer-Actress Brandy Is Sued for $50 Million

January 31, 2007 | Lebowitz & Mzhen

The family of a 38-year-old woman killed in a deadly four-car freeway accident last month is suing singer-actress Brandy for $50 million.

The wrongful death suit was filed yesterday in Los Angeles Superior Court by the parents of car accident victim Awatef Aboudihaj, one day after the California Highway Patrol recommended to prosecutors that the 27-year old performer be charged with vehicular manslaughter. In the three-page complaint, Aboudihaj’s family says her death happened because of Brandy’s “reckless driving.”
According to the CHP, Brandy (Norwood) was determined to be at fault for the December 30 accident, because she failed to avoid hitting the car in front of her with her Land Rover, after traffic abruptly slowed down. Aboudihaj died when her car, hit by Brandy’s car, slammed into the back of a third car. Aboudihaj’s vehicle then spun into the freeway’s center divide and was hit by a fourth vehicle.

According to investigators, the former star of the TV comedy “Moesha” was in her car alone. No alcohol, drugs, or the use of a cell phone were involved. The misdemeanor offense that police are recommending caries a $1,000 fine and a one-year jail sentence.

If a person dies because of someone else’s negligent, careless, or intentional actions, then the family of the deceased may be able to file a wrongful death lawsuit. This type of lawsuit lets family members receive compensation for the loss of their loved one.

Who Can File A Wrongful Death Suit:

· The parents of the deceased.
· The spouse of the person who has died.

· The child of the deceased.

A wrongful death suit is a civil case, not a criminal case. In a wrongful death lawsuit, monetary damage is sought for a person’s death. In order to win a wrongful death case, there must be a preponderance of evidence of guilt. This means that the plaintiff’s attorney must only prove that there is a 51% chance of guilt by the accused party.

There are different statutes of limitations in each state for filing a wrongful death suit, and some states limit the amount of damages that can be claimed.

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.