Maryland Accident Law Blog

NHTSA Says More Traffic Deaths Occur on Rural Roads

October 7, 2009 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration reports even though more car accidents happened in urban areas, 56% of the 37,261 traffic deaths that occurred in 2008 took place on rural roads. There were 20,905 rural traffic deaths last year.

One reason for the number of deaths that occur in rural areas is that people tend to drive faster on roads that are not as designed and engineered as well as they are in urban areas. Two of the other reasons that rural auto accident deaths happen is people failing to use seat belts or driving drunk. It can also take longer for medical help to arrive at a rural car accident site. 222 of the 591 Maryland traffic fatalities in 2008 occurred in rural areas.

Findings from another traffic accident study, recently discussed in ScienceDaily.com, affirmed the NHTSA’s findings that driving in rural areas is not safer than driving in urban areas. The study, conducted by researchers abroad, reports that:

Preventing Maryland Car Accidents: Law Making Texting While Driving Illegal Goes Into Effect on Thursday

September 28, 2009 | Lebowitz & Mzhen

This Thursday, in an attempt to decrease the number of Maryland car crashes caused by distracted drivers, texting while driving will become illegal in the state. Anyone caught sending or receiving texts while operating a motor vehicle will be charged with a misdemeanor offense punishable by a $500 fine.

Lawmakers and many residents are hoping that the ban will prevent motorists from engaging in this bad habit that studies prove dramatically increases a driver’s car crash risk. Maryland State Highway Administration spokesperson Lori Rakowski notes that it is impossible for a person to drive safely while texting because both activities usually require the use of both hands and eyes.

A vehicle moving at a speed of 65 mph for just one second will have traveled 100 feet. This means that even just one (usually, texting requires more) second spent not looking at the road can cause a driver to crash into another vehicle, drive into a work zone, or strike a pedestrian who is running across the street.

Maryland law does not prohibit drivers from reading messages, using applications, or playing games. It also does not explicitly bar motorists from writing or sending Facebook messages, Twittering, or emailing. While Assistant Attorney General Kathryn Rowe says the new law can be interpreted to ban all forms of messages, one defense attorney says that legislators would have been explicit about stating such a complete bar if that was what they intended.

Texting while driving has caused many fatal motor vehicle crashes in recent years. It is also a negligent act that can be the grounds for a car accident victim or his or her family to file a Maryland injury complaint or wrongful death lawsuit.

AAA and the AAA Foundation for Traffic Safety says that about 8,000 traffic accidents a day involve a motorist who was engaged in distracted driving.

Texting while driving a road hazard, Baltimore Sun, September 27, 2009
To text or not to text, AAA Club South says “not,” WSAV, September 28, 2009
Related Web Resources:
The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation for Traffic Safety
Maryland Highway Safety Laws, GHSA

University of Maryland Student’s Mother Awarded $4 Million Prince George’s County Wrongful Death Verdict Over Deadly Bowie Car Crash Involving Off-Duty Cop

September 21, 2009 | Lebowitz & Mzhen

Nearly two years after University of Maryland student Brian Gray was killed in a deadly car accident involving an off-duty cop driving a police cruiser, a jury has awarded his mother, Mary Gray, over $4 million for his Prince George’s County wrongful death.

Gray, a college junior, was driving to campus early on the morning of December 10, 2007 when a police vehicle driven by Cpl. Mario Chavez struck his Chevy Beretta. The 20-year-old’s body was thrown 85 feet past the Bowie car accident site, which was at the intersection of Beaverdale Lane and Belair Drive.

Chavez was driving 50 mph in a 25 mph zone. He admits that he drank three to five beers the night before the motor vehicle accident and was driving home after staying at a friend’s house when the fatal collision happened. Authorities did not make Chavez take a drunk driving test at the Maryland car crash scene.

Maryland Car Accident Lawsuit: Family of Teen Killed in Crash Plans to Sue Calvert County Sheriff’s Office for Wrongful Death

September 14, 2009 | Lebowitz & Mzhen

The family of Dunkirk teenager Rachael Campbell is getting ready to sue the Calvert County sheriff’s office for her Maryland wrongful death. The 18-year-old died on July 24 when the 1997 Buick LeSabre she was riding was hit by a 2006 Ford Crown Victoria cruiser at Route 4 and Apple Way.

The driver of the cruiser, Deputy C. Wayne Wells, was headed to an emergency domestic violence call when the deadly Maryland car crash happened. His vehicle was moving at a speed of 110 mph in a 45 mph zone and his sirens and lights were activated.

Campbell was attempting to cross two northbound lanes when Wells struck her vehicle. Campbell’s vehicle caught on fire and she died at the Maryland auto crash site. Wells sustained life-threatening injuries during the traffic accident but was later released from the hospital.

8-Year-Old Boy Sustains Serious Injuries in Maryland Bicycle Accident

September 9, 2009 | Lebowitz & Mzhen

A young bicyclist sustained a head injury and leg fractures when he was injured in a Maryland bicycle accident in Washington County on August 30. 8-year-old David Greeley, a 3rd grader at Fountain Rock Elementary School, was admitted to the intensive care unit at Children’s National Medical Center in Washington DC where he underwent several surgery and received a number of blood transfusions.

The Maryland bicycle crash occurred in the early evening. Reports indicate that the driver, Fairplay resident Meghann Marie Weaver, was going over the crest of a hill when she hit the boy. The 21-year-old motorist is charged with reckless driving, driving at a speed greater than reasonable, and negligent driving.

Greeley’s family is asking for donations to help pay for the costly medical care he has received and will likely need.

According to researchers at Nationwide Children’s Hospital:

• More than half of the 85 million cyclists in the US are minors.
• About 10,700 children are hospitalized/year for about 3 days for injuries they sustained during bicycle accidents.
• The child recreational sport that results in the most ER visits each year is bicycle riding.

• 1/3rd of child bicycle accident victims suffered from traumatic brain injuries.

Sending your child out into the world on their own at any age is never easy. It can be especially devastating if your son or daughter was injured in a Maryland bicycle accident because a driver was negligent, careless, made a mistake, or wasn’t paying attention.

The medical costs for surgery, physical therapy, and other recovery services can be daunting—especially when coping with your child’s pain and suffering, as well as your own.

Driver of vehicle that struck boy is charged, The Herald-Mail, August 31, 2009
Pediatric Bicycle-related Injuries Result in Nearly $200 Million in Hospital Charges Annually, Newswise, October 15, 2007
Bicycles, Department of Transportation Highway and Safety Administration

Study Reveals that Marylanders Want Tougher Drunk Driving Measures

September 7, 2009 | Lebowitz & Mzhen

A study by the University of Maryland School of Public Health reports that Marylanders want tougher drunk driving laws. Per the survey conducted, 7.5% of the approximately 850 participants this year admitted to driving after having several drinks within the last month. 13% of survey participants admitted to drinking and driving when the survey was first conducted in 2003.

Our Maryland car accident law firm is concerned by any reports that anyone might have been drinking while driving. As we all know by now, driving while inebriated increases the chances that a motorist might cause a Baltimore auto crash.

Over the last seven years, no more than 37% of survey participants have ever believed that drunk drivers will likely be apprehended. Marylanders appear to blame the state courts for the lax way that they deal with drivers who drink and drive. Per the latest survey, the majority of Maryland drivers would like there to be tougher drunk driving measures, including a mandatory $1,000 fine for a first offense.

More survey participants also said they would favor mandatory ignition interlock devices, which stops drivers from starting their vehicles when they are drunk. The majority of survey participants also said that they thought vehicle impoundment was an appropriate punishment for a drunk driver who was a repeat offender. Some of the people surveyed even thought that one strike should be enough to impose this penalty.

Today, law enforcement officers are wrapping up their crackdown on Maryland drunk drivers. Local police have been taking part in a nationwide campaign, organized by the National Highway Traffic Safety Administration, committed to decreasing the number of impaired driving accidents and deaths through the Labor Day weekend.

Last year in Maryland, alcohol was a factor in 28% of traffic deaths, and over 24,000 drunk drivers are arrested each year.

It is interesting to note, however, that Maryland motorists are not as vehement about their convictions when it comes to using a cell phone while driving. While over 80% of those surveyed are now concerned about this form of distracted driving, the number of people who have used a cell phone while driving in the last 30 days has grown to over 60% compared to past years.

According to UM Professor Kenneth Beck, the study’s lead researcher, this appears to imply that Maryland motorists don’t think there is anything wrong with using a cell phone while driving as long as their the ones doing this—it’s just the other drivers that they are worried about.

Also, while survey participants are worried about aggressive drivers, there are still motorists who aren’t concerned when they break the speed limit.

Examples of Negligent Driving Habits that Can Lead to Maryland Injury Lawsuits if a Car Accident Happens:

• Drunk driving
• Texting while driving
• Talking on a cell phone while driving
• Speeding
• Road rage
• Driving while under the influence of drugs
Marylanders favor crackdown on drunken driving, Baltimore Sun, September 7, 2009
Maryland Law Enforcement Launches ‘Drunk Driving. Over the Limit. Under Arrest’ Crackdown on August 21, 2009, Earth Times, August 21, 2009
Related Web Resources:
Police Increase Efforts to Keep Roads Safe For Holiday …, Your 4 State, September 6, 2009

<a href="http://www.stopimpaireddriving.org/planners/HVEPlanner/planner/index.cfmDrunk Driving. Over the Limit. Under Arrest.

Maryland Wrongful Death: Jury Orders Man to Pay $50,000 for Failing to Prevent Stepson’s Suicide

September 1, 2009 | Lebowitz & Mzhen

In Baltimore Circuit Court, a jury has awarded Joseph Montes, the father of 16-year-old Brian Montes, $50,000 for his suicide death. The defendant in this Maryland wrongful death lawsuit is Frank Eisler, the boy’s stepfather.

Brian killed himself on April 11, 2005. He shot himself in the head with a 9mm gun. Even as a young boy, Brian suffered from depression and displayed a suicidal streak. His parents were divorced and he lived with his mother and Eisler, who kept 11 guns in their home.

Despite being aware of Brian’s suicidal streak, Eisler kept one gun in an unlocked drawer with its clip located nearby. A number of days after overdosing on his stepfather’s painkillers, Brian killed himself.

Howard County, Maryland Nursing Home Negligence?: 91-Year-Old Resident is Murdered by Another Patient

August 24, 2009 | Lebowitz & Mzhen

On Saturday, 91-year-old James W. Brown, a nursing home resident at a Columbia, Maryland nursing home, died of head trauma after another patient attacked him at the assisted living facility where they were was residing. Earl Lafayette Wilder, 87, was charged with first- and second- degree assault and second- degree murder over the incident.

Police officers arrived at Harmony Hall, the Howard County assisted living facility, at around 4pm after being called in to investigate the assault. They say that Wilder started hitting Brown in the head while the two men were seated outside the nursing home. The two patients do not appear to have known each other before the attack and they don’t think that Brown provoked Wilder.

The 91-year-old assault victim was transported to a hospital after the incident where he later died. Brown’s death is the first homicide to occur in the county since October 2008.

Maryland Woman Injured in Baltimore City Truck Accident Awarded $1 Million

August 20, 2009 | Lebowitz & Mzhen

In Maryland, Shannon Brown was awarded $1,063,807.37 for the Baltimore City truck accident injuries that she sustained on July 13, 2006. Brown fractured her leg and her right leg was crushed when a gas tanker truck ran a red light and struck the car that she was in. Fortunately, her baby, Elijah, was not injured even though he was in the car with her.

Brown had two undergo two surgeries for her fracture. A medical team inserted 18 screws and a plate in the leg that was crushed.

The Maryland truck accident lawsuit was filed in Baltimore City Circuit Court. The plaintiffs and defendants had disagreed over who was at fault in causing the Baltimore City truck collision. The jury, however, decided that an 11-year-old witness who testified that Brown was the one with the green light was the most credible. They also found the truck driver liable for causing the traffic crash. Prior to going to trial, Eastern Petroleum, the trucking company that was a defendant in the lawsuit, tried offering Brown a $25,000 Maryland personal injury settlement.

$1 million of the verdict is for pain and suffering. Brown’s noneconomic damages, however, will go down to under $729,000 because of Maryland’s cap on damages.

Traffic violations, such as running a red light, not stopping at a red light, failing to signal, and failing to obey the speed limit, can lead to catastrophic consequences if the driver ends up hitting another vehicle. As we reported earlier this month, on August 4, John R “Jack” Yates died when a truck struck his bicycle at an intersection in downtown Baltimore in a hit-and-run crash. Surveillance footage shows the vehicle making an abrupt right turn without signaling. The 67-year-old bicyclist got tangled under the truck’s rear tires and died at the Maryland truck accident site. Police are trying to find the truck driver.

Baltimore City Truck Accident Lawsuit Results in $1M Verdict, About Lawsuits, August 19, 2009
Attorney: Video of collision that killed cyclist shows truck at fault, Baltimore Sun, August 13, 2009

Protecting Our Sick and Elderly From Maryland Nursing Home Abuse and Neglect

August 18, 2009 | Lebowitz & Mzhen

If you have a sick or elderly loved one who needs to be admitted to a Maryland nursing home, it is natural to feel anxious. Not only will you be sending your family member to live with a bunch of strangers and placing his or her medical care and well-being in their hands, but you likely have been hearing and reading a lot about the various incidents of nursing home neglect and abuse that have occurred in assisted living facilities throughout the US.

While there is no guarantee that your loved one won’t become the victim of nursing home abuse or neglect, you can decrease the chances that you are placing your elderly or sick loved on in an unsafe environment by actually visiting a number of Maryland facilities before deciding where your family member should live.

You will want to check out not only the living accommodations and recreational areas, but you will want to inspect the dining room and kitchen and quality of food that each assisted living facility provides their residents. You will also need to find out how much attention each patient receives.

Talk to the workers and maybe even some of the residents to get a sense of the place and the people who live and work at the nursing home. Is the atmosphere depressing? Are the facilities clean? What is the interaction like between the nursing home staffers and the patients? Do the residents appear content and relaxed to be at the nursing home? Are nursing home workers trained to deal with your loved one’s particular illness and needs? What is the ratio between the number of nurses and the number of patients?

Have Maryland nursing home negligence lawsuits been filed against a nursing home before? What was the outcome of the cases? Does the facility have a history of nursing home violations? What are they and have they been remedied?

Size Up a Nursing Home by Visiting, US News, March 11, 2009
Nursing home checklist, Medicare
Related Web Resources:
Maryland Nursing Home Guide, Maryland Health Care Commission

Nursing Homes in Maryland