Maryland Accident Law Blog

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.

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.