Maryland Accident Law Blog

Alleged Drunken Night Leads To Single-Car Crash That Injures Three People

January 26, 2007 | Lebowitz & Mzhen

Three Elkton-area men were seriously injured last week in a single-car crash after a night of alleged heavy drinking.

William Ross Hawkins III ran a Dodge Intrepid off Cayots Corner Road near Route 213, where he struck a culvert and flipped his vehicle at least twice.

Hawkins and Christopher James Hunt, the passenger in the front seat, were thrown from the vehicle. Robert Clayton Hunt, the passenger sitting in the rear of the vehicle, became trapped in the car.

All three men were not wearing seat belts and according to police reports, Hawkins had been speeding. Beer cans and beer bottles had fallen onto the ground near the overturned vehicle.

Hawkins and Hunt were flown in separate helicopters to the University of Maryland Shock Trauma Center. Robert Hunt was driven by ambulance to Christiana Hospital in Delaware.

A motor vehicle crash qualifies as an alcohol-related accident if at least one driver or nonoccupant of the vehicle that was involved in the accident has a BAC of .01 grams or higher.

In 2005, According to the National Highway Traffic Safety Administration:

-16,885 people died in alcohol-related crashes.

-The national rate of alcohol-related deaths in motor vehicle crashes was .57 per 100 million vehicle miles that were traveled.

The Loyola University Health System offers a number of facts related to drunk driving:

· Nearly two out of every five Americans will be involved in an alcohol-related traffic crash in their lifetime.

· Nationally, each year, about 534,000 people suffer injuries in alcohol-related traffic crashes, an average of one person injured every minute. About 40,000 of these are serious injuries.

· Each year, in the U.S., about 600,000 – 10 percent – of all police-reported motor vehicle crashes are alcohol-related.

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

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.

Maryland Court Vacates Wrongful Death Verdict Against Two Police Officers In Death Of Mechanic

January 19, 2007 | Lebowitz & Mzhen

The Court of Special Appeals in Maryland says that the family of deceased mechanic Joseph Wilbon will not get the nearly $500,000 they had won for Wilbon’s wrongful death.

This latest ruling is based on a technical violation, because attorneys for the family did not file the wrongful death lawsuit within six months of Wilbon’s death in 2000. Wilbon’s family had been awarded $498,000 by a Baltimore City Circuit Court jury, and now the court is reversing the decision.

According to the attorney for Wilbon’s family, two Baltimore police officers had mistakenly identified Wilbon as a homeless person, and, as a result, took their time in getting him to the hospital.

According to reports, two police officers, Officer Jeffrey Mathena Jr. and Officer Trainee Franklin Hunsicker, had Wilbon in their custody for over an hour on June 5, 2000 before taking him to an emergency room where he had a seizure while waiting for treatment. He died from cardiac arrhythmia within an hour of arriving at the hospital.

The Baltimore jury had awarded Wilbon’s family the settlement in April 2005 on the grounds of false arrest, and imprisonment, and battery.

Wrongful Death Statues

In the U.S., each state has a statute of limitations regarding how long a period of time a person has to file a wrongful death lawsuit. The length of time varies, but a person must file the suit within this period, or their case will not be considered. Often, the person or persons being sued for wrongful death will try to have the case dismissed because the suit was not filed within the statute of limitations period.

Depending on the state where the wrongful death occurred, the statue of limitations period may begin running from the time the death actually happened. In another state, the statute of limitations may start when the death is discovered to be a wrongful death. There may even be different statute of limitations for victims of wrongful death who did not die right away from the cause of wrongful death. The amount of recovery allowed in a wrongful death claim will also depend on the state in which the wrongful death occurred.

If you have lost a loved one in a wrongful death case, it is important that you speak with a wrongful death attorney immediately who is knowledgeable about your state’s statute of limitations and can advise you on what to do next. An attorney can also help you file your lawsuit immediately to ensure that you are within the statute of limitations.

Maryland Woman Sues Nursing Home For Negligent Care Of Her Now-Deceased Father

January 17, 2007 | Lebowitz & Mzhen

A Maryland woman is suing the Guardian Elder Care at the Peterson Rehabilitation Hospital and Geriatric Center in Wheeling, West Virginia for nursing home negligence. Emily Kay Goddard Young filed the lawsuit in Ohio County on behalf of her father, the late Elwood M. Goddard.

In December 2004, Goddard had been living on property run that was owned by Peterson. According to the lawsuit, Goddard suffered from a number of illnesses that left him in a wheelchair and physically weak. Young says that her father was left without an attendant in a wheelchair that had a broken strap. He then proceeded to fall violently as a result.The fall caused internal and external injuries that he later died from.

Young says that it was Peterson’s responsibility to maintain, inspect, and repair the wheelchair. In the lawsuit, she claims negligence that “Peterson owed a duty to its patients … to provide a wheelchair that was reasonable safe for its intended use and not unreasonable dangerous when put to its reasonable anticipated use.” She is seeking compensatory damages to cover funeral expenses, burial costs, court fees, medical expenses, and other damages.

Two major problem in managed-care facilities that can lead to abuse in a nursing home are overcrowding and an overworked staff that is not trained properly. It is the facility’s responsibility to eliminate the opportunity for nursing home negligence by hiring professional care providers and medical workers that are trained correctly. It is also up to the facility to create a safe, caring, and sanitary environment for its residents.

The United States Congress has passed laws demanding that every state create regulations to protect nursing home residents. Nursing homes are required to follow these regulations. Nursing home negligence is a criminal and civil offense.

If a person has been a victim of nursing home negligence but they are unable to report the abuse for any reason, loved ones and family members may file the claim for them.

Indications that a person may be experiencing abuse in a nursing home:

· Ulcers
· Bed sores
· Dehydration
· Emaciation
· Injuries from falls

· Change in the resident’s personality.

If you suspect a case of negligence, it is important that you report the incident immediately. You may also want to consider moving your loved one to another facility.

Each year, thousands of senior citizens are abused, neglected and exploited in nursing homes and other elder care facilities. Many victims are frail and vulnerable and cannot help themselves, and they depend on others to meet their most basic needs.

Advocates For Highway And Auto Safety Want Maryland To Increase Drunk Driver Penalties

January 11, 2007 | Lebowitz & Mzhen

In an effort to promote highway safety, the Advocates for Highway and Auto Safety are asking the Maryland General Assembly to increase the penalties for “super-drunk” drivers—drivers with a BAC level over twice the legal limit.

The national organization says Maryland is one of sixteen states that it has marked “green” because of the state’s model highway safety laws. According to Jackie Gillan, vice president of Advocates for Highway and Auto Safety, however, Maryland is a “fading green” because the state didn’t made a lot of progress in passing new safety bills in 2006.

The advocacy group wants states to create laws that provide more severe penalties—such as license revocation, mandatory installation of safety devices, and license revocation—against drivers that test with a 0.15 percent or higher blood alcohol content level.

The NHTSA says that nearly 60 percent of drunk driver-related fatalities involve drivers with extremely high BAC levels.

Alcoholalert.com offers the following drunk driving statistics:

· The 16,694 fatalities in alcohol-related crashes during 2004 represent an average of one alcohol-related fatality every 31 minutes.

· NHTSA estimates that alcohol was involved in 39 percent of fatal crashes and in 7 percent of all crashes in 2004.

· In 2004, 21 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed in alcohol-related crashes.

· An estimated 248,000 people were injured in crashes where police reported that alcohol was present — an average of one person injured approximately every 2 minutes.

· The rate of alcohol involvement in fatal crashes is more than 3 times higher at night than during the day (60% vs. 18%).

· The highest percentage of drivers in fatal crashes who had BAC levels of .08 or higher was for males and drivers ages 21 to 24.

· The percentages of drivers with BAC levels of .08 or higher in fatal crashes in 2004 were 27% for motorcycle operators, 22% for passenger cars, and 21% for light trucks. The percentage of drivers with BAC levels .08 or higher in fatal crashes was the lowest for large trucks (1%).

· In 2004, 85 percent (11,791) of the 13,952 drivers with BAC of .01 or higher who were involved in fatal crashes had BAC levels at or above .08, and 51 percent (7,084) had BAC levels at or above .16. The most frequently recorded BAC level among drinking drivers involved in fatal crashes was .18.

The Advocates For Highway And Auto Safety say that they want Maryland to extend the number of nighttime hours that teenagers with provisional hours are prohibited from driving. The group also want children ages 6-8 to be included in the state’s booster seat requirement.

Tractor-Trailer Accident In D.C. Named Among The 10 Worst U.S. Traffic Incidents In 2006 By Metro Networks

January 9, 2007 | Lebowitz & Mzhen

Metro Networks, the largest traffic gathering and reporting operation in America, recently released its list “The Top Ten Worst Traffic Incidents of 2006.” An accident involving two tractor-trailers colliding on I-95 North in Massaponax, VA put the Washington D.C. area in the number 10 spot. The trucks ended up catching fire and damaging the roads so that they had to be repaved. There were major delays on the highway because of the collision.

Other traffic incidents on the list:

1) New York City, New York: A Tomahawk test missile fell onto I-95SB in the Bronx after a tractor trailer overturned last July.

2) San Francisco, California: A meatpacking truck traveling on 101N in San Mateo spilled cow body parts across the freeway.

3) Houston, Texas: A truck fell off the ramp that goes from 610N loop to the US59. The truck dumped frozen chickens onto the freeway.

4) Boston, Massachusetts: A 12-ton concrete ceiling panel from a “Big Dug” tunnel connecting the Massachusetts Turnpike to the Ted Williams Tunnel dropped onto a passing car.

5) Dallas, Texas: A big rig carrying oil refinery equipment smacked into an overhead bridge on northbound Loop 12 at the Highway 183 interchange next to Texas Stadium.
6) Detroit, Michigan: Two semis crashed into each other in Monroe on Northbound I-75. The semis caught on fire, and the flames spread across the freeway involving approximately six cars and four more semis.
7) Chicago, Illinois: Construction on Chicago Skyway, I-80/94, and the Dan Ryan Expressway created traffic delays for commuters.
8) Atlanta, Georgia: A collision involving a tractor-trailer and two cars during the morning commute resulted in the death of two people.

9) Los Angeles, California: A big rig truck flipped over, caught fire, and burnt to the ground.

Injuries that result because of vehicle-related truck accidents can be severe and life altering. You may have suffered whiplash or burns to your head or neck, have nerve damage or spinal chord paralysis, limb amputation, have broken or dislocated a bone or limb, or even lost the use of a limb. A personal injury to you can ocur on the road even if your vehicle was not directly involved in a collision. If you have been in an automobile accident due to the carelessness or negligence of another driver, you should obtain the advice of a lawyer with experience handling automobile accident cases.

Vioxx Decision Upheld But Reduced As Merck & Co. Is Ordered To Pay Widow $8.7 Million Instead of $32 Million

January 8, 2007 | Lebowitz & Mzhen

In one of the many thousands of products liability Vioxx-related lawsuits that have been brought against Merck and Co., a Texas judge upheld a ruling that held the pharmaceutical company responsible for the death of Leonel Garza.

Garza died in 2001 from a heart attack believed to have been caused by taking Vioxx. Last April, a jury ruled that Merck was liable and awarded Garza’s family $32 million in damages. Judge Alex Gabert, however, said that the award amount violated Texas’s strict limit on compensatory and punitive damages. He reduced the damage amount to $8.7 million.

Merck plans to ask for a new trial because of information revealing that there had been a financial relationship between Felicia Garza, Leonel’s widow, and one of the jury members responsible for the original verdict.

The victory is good news for other Vioxx plaintiffs because it showed that a court had agreed that even short-term use of Vioxx can lead to severe side effects. More than 27,000 lawsuits have been filed against Merck. A New Orleans federal judge, however, said plaintiffs could not file a class action lawsuit and that each case had to be filed separately. Merck has won most of its cases thus far.

The pharmaceutical company had pulled the drug from the shelf in 2004 after a study revealed that long-term use of the drug can double a patient’s risk of a coronary event.

U.S. Department of Transportation Says Seat Belt Use Down While Motorcycle Helmet Use Rises

January 3, 2007 | Lebowitz & Mzhen

U.S. Secretary of Transportation Mary E. Peters says that Americans need to take greater precautions on the road to increase safety and save more lives.

According to the latest information from the National Occupant Protection Use Survey (NOPUS), Secretary Peters said that seat belt use in the U.S. is down slightly from 2005, now standing at 81% instead of 82% That’s because while on the West Coast, belt use climbed from 85% to 90% and rose from 82 to 83% in the South, in the Northeast, belt use dropped to from 78% to 74% and from 79% to 77% in the Midwest.

A seat belt can’t work if it isn’t on,” said Secretary Peters. “Whatever it takes, we all need to do a better job making sure everyone chooses to buckle up.”

Peters also mentioned that the DOT is continuing to work with the different states to promote seat belt use. In 2006 alone, the DOT provided over $123 million in incentive grants to states that had primary seat belt laws. It also worked with each state on the nationwide Click It or Ticket campaign that had police agencies across the country enforce the seat belt laws in their state.

According to the DOT:

· Research has shown that lap/shoulder belts, when used properly, reduce the risk of fatal injury to front-seat passenger car occupants by 45 percent and the risk of moderate to critical injury by 50 percent. For light truck occupants, safety belts reduce the risk of fatal injury by 60 percent and moderate-to-critical injury by 65 percent.

· Safety belts should always be worn, even when riding in vehicles equipped with air bags. Air bags are designed to work with safety belts, not alone. Air bags, when not used with safety belts, have a fatality-reducing effectiveness rate of only 12 percent.

· Safety belt usage saves society an estimated $50 billion annually in medical care, lost productivity, and other injury-related costs.

· Conversely, safety belt nonuse results in significant economic costs to society. The needless deaths and injuries from safety belt nonuse account for an estimated $26 billion in economic costs to society annually.16 The cost goes beyond the lost lives of unbuckled drivers and passengers: We all pay – in higher taxes and higher health care and insurance costs.

Peters said that use of helmets by motorcyclists in the U.S. is up 51% from 48%. In particular, in the West, helmet use increased from 50% to 72% and 42% to 47% in the Northeast. The rate of use, however, decreased from 53% to 50% in the Midwest and 49% to 45% in the South. The survey only took into account the helmets that complied with DOT safety standards.

Saferoads.org offers the following motorcycle helmet statistics:

– In 2004, 66% of fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws, compared with only 15% in states with all-rider helmet laws. (NHTSA, 2005)

– Per vehicle miles traveled, motorcyclists are about 21 times as likely as passenger car occupants to die in a traffic crash and four times as likely to be injured. (NHTSA, 2001)

– In 2003, 36 percent of all motorcyclists involved in fatal crashes were speeding, approximately twice the rate for drivers of passenger cars or light trucks. The percentage of alcohol involvement was 40 percent higher for motorcyclists than for drivers of passenger vehicles. (NHTSA, 2003)

– Motorcyclist fatalities are rising fastest among motorcycle riders over age 40. In 2003 alone, fatalities increased by 16%. (NHTSA, 2003)

– Helmets reduce the risk of death by 29% and are 67% effective in preventing brain injuries to motorcycle riders. (NHTSA, 2001)

Two People Die On The Baltimore-Washington Parkway In Serious Three-Car Accident

January 2, 2007 | Lebowitz & Mzhen

U.S. Park Police say that on the morning of Thursday, December 28, two people died near Route 197 in the Laurel, Maryland area after a Chevy going south crossed into the northbound lanes and struck a white Infinty. The driver of the Chevy and the driver of the Infinity died at the accident scene. A blue pickup truck was also hit in the collision, but both people in the truck are reportedly fine.

There are several kinds of vehicle-related accidents that can occur, including:

– rear-end collisions – when one vehicle hits the rear end of another.
– head-on collisions – when more than one vehicle collides with the other on their front sides.
– rollovers – a vehicle turns over after being involved in an accident.
– side collisions – an accident where the side of at least one vehicle is impacted.
– multi-vehicle accidents – an accident involving several vehicles.
– single car collisions – an accident involving just one vehicle.
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Vehicle-related collisions can carry legal consequences in proportion to the severity of the accident. By law, anyone involved in a collision (even with only stationary property) must stop at the scene, exchange information, or call the police when necessary. Failing to obey this requirement is referred to as a hit and run accident and is generally a criminal offense.

Parties involved in an accident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly grossly negligent or intoxicated or otherwise impaired at the time the accident occurred. It is notable that the penalties for killing and injuring with motor vehicles are often very much less than for other actions with similar outcomes.

As for civil liability, automobile accident personal injury lawsuits have become the most common type of tort. The courts most usually decide solely the factual questions of who is at fault, and how much they (or their insurer) must pay out in damages to the injured plaintiff.

A personal injury attorney can help you file a claim if you or a loved one has been seriously injured in a car accident due to another driver’s negligent actions. A personal injury attorney can also help you sue for damages for the death of a loved one who has been killed in a vehicle-related accident due to someone else’s negligence.