Maryland Accident Law Blog

US Department of Transportation Releases 2007 DUI Death Statistics

September 22, 2008 | Lebowitz & Mzhen

US Transportation Secretary Mary Peters announced the latest national drunk driving-related death statistics. Peters noted that while the number of total DUI deaths has dropped significantly in 32 US states, half of the states experienced an increase in drunk driving-related motorcycle fatalities.

Overall, almost 13,000 people died in accidents involving motorists with a blood alcohol concentration of .08% or more—a drop from the almost 13,500 DUI victims that died in 2006. Peters noted that 1,621 motorcyclists that died in alcohol-related collisions last year—a 7.5% increase from the year prior.

Of the 12,998 drunk driver-related deaths that occurred last year:

• 7,283 of the victims where drunk drivers.
• 2,067 victims were riding with the drunk driver.
• 1,361 fatalities were motorcyclists that were intoxicated.
• 81 of the deaths were passengers of intoxicated motorcyclists.

• 1,431 victims were occupants of other motor vehicles.

The state that experienced the greatest drop in alcohol-related deaths was California, with 1,155 alcohol-impaired deaths in 2007 compared to the 1,272 fatalities in 2006.

States that experienced an increase in drunk driver-related deaths in 2007 included North Carolina, South Carolina, Massachusetts, Alabama, Maine, Montana, Alaska, Oklahoma, Pennsylvania, Oregon, Delaware, North Dakota, West Virginia, Minnesota, Virginia, Nebraska, Ohio, Wisconsin, and the District of Columbia.

The number of drunk-driving deaths in Maryland for 2007 was 179.

DUI Fatalities Down Nationwide and in 32 States, Says U.S. Secretary of Transportation Mary Peters, NHTSA, August 28, 2008
2007 Traffic Safety Annual Assessment – Alcohol Impaired Driving Fatalities (PDF)

Maryland Parents Sue Peninsula Medical Center and Salisbury OB/GYN for Wrongful Death After Baby Dies in Womb

September 15, 2008 | Lebowitz & Mzhen

The parents of a baby that died in her mother’s womb are suing the Peninsula Regional Medical Center and Salisbury obstetrician and gynecologist Dr. John M. Woods for physician negligence resulting in wrongful death. In the lawsuit, filed on behalf of Jennifer Sheller and her companion John Bealefeld last February, Sheller, who sought medical help at the PRMC’s emergency department after experiencing vaginal bleeding and severe pain, was discharged by Woods without an examination.

By the time she returned to the hospital following increased pain and bleeding several hours later, Sheller’s unborn baby Kirra Faith was dead in the womb. Sheller was later diagnosed with a placental abruption—a condition that could potentially cause a fetus’s death.

If Kirra Faith hadn’t died, she would have been delivered by cesarean section 13 days later on March 5. Her parents, Sheller and Bealefeld, are seeking financial compensation from PRMC and Woods for over $30,000.

This is not the first medical malpractice case filed against Woods this year. In April, Woods and Dr. Michele Urban, a former partner, were found liable for the permanent injuries suffered by a Bridgeville woman because her bladder was accidentally stitched in 2004. The medical mistake killed organ tissue and she now suffers from permanent urine leakage.

OBGYN Malpractice Mistakes May Include:

• Birthing Injuries
• Surgical mistakes
• Failure to diagnose placental abruption, ovarian cancer, and other serious conditions
• Failure to evaluate mammogram tests
• Failure to conduct pap smears and properly analyze results
• Performing a pap smear incorrectly
• Failure to test for birth defects
Parents sue doctor after baby died in the womb, DelMarVaNow.com, August 26, 2008
Related Web Resources:

Peninsula Regional Medical Center

Placental Abruption

Montgomery County, Maryland Launches Pedestrian Safety Campaign

September 9, 2008 | Lebowitz & Mzhen

At University Boulevard and Piney Branch Road, Montgomery County Executive Isiah Leggett and other officials launched their Pedestrian Safety Initiative last week. Leggett’s Pedestrian Safety Initiative include:

• Targeting high-incidence areas where pedestrian injuries and deaths have occurred.
• Evaluating and enhancing pedestrian connectivity and network needs.
• Improving pedestrian signals.
• Evaluating and upgrading street lighting.

• Enforcing and educating drivers and pedestrians.

According to Recent Montgomery County Pedestrian Accident Statistics:

• About 400 pedestrians are injured each year.
• There are approximately 14 pedestrian fatalities annually.
• Motor vehicle collisions involving pedestrians is a major traffic safety problem in the county.

• Some 430 motor vehicle-pedestrian collisions happen each year.

The Piney Branch Road section is the first of several “high Incidence areas” in the county where pedestrian safety and injury prevention enhancements will be implemented. And with 29 pedestrian deaths taking place on University Boulevard between 1995 and 2005, this road that runs through both Prince George’s and Montgomery County is ranked as the number one deadliest street in the area for pedestrians.

Leggett Announces New Pedestrian Safety Initiative; Strategic Plan Designed to Reduce Collisions and Make County More Walkable, Montgomery County, September 4, 2008
Leggett Launches Pedestrian Safety Effort, WashingtonPost.com, September 3, 2008

Related Web Resources:

NHTSA

Pedestrian Safety, FHWA

Maryland Couple that Were Seriously Injured when House Collapsed on Them Plan to Sue Chesapeake Beach and Calvert County

September 7, 2008 | Lebowitz & Mzhen

Attorneys for Frank and Karen Hudson, the couple that was seriously injured when the house under construction next door fell on their home, have notified Calvert County and Chesapeake Bay that a personal injury lawsuit will be filed against them. The accident happened during a storm on May 11.

According to the notification letter, the municipality should have know that the home under construction, owned by Frank Leniek, was faulty and did not conform to federal, local, and state building codes, thereby posing an unreasonable injury risk to third parties. The letter also notes that neighbors had complained to county and town officials on more than one occasion that there was a problem with the home.

Following the accident, town and county representatives said Leniek’s home did not violate his zoning or building permits. Neighbors had asked that Leniek’s building permit be taken away, but the Calvert County Board and County Commissioners have refused to grant their request.

Two Kids Suffer Burn Injuries in Washington DC Apartment Complex Playground

September 3, 2008 | Lebowitz & Mzhen

Two kids suffered burn injuries in Washington DC on Monday during a fire accident on a playground at the Columbia Heights Village Apartment Complex. Neighbors blame careless workers for leaving a can of gasoline at the playground.

Police say that a boy was playing with the can of gas when the fire started. A little girl sitting on a bench got burned and was later hospitalized. Neighbors say they called emergency crew members when they heard screaming.

According to The Burn Institute:

• Children younger than 5 are two times as likely as other people to die in a fire accident.
• Children are at highest risk of dying from their burn injuries.
• Playing with fire is the number one cause of death for very young children.

• 18-month old toddlers have been known to start serious fires.

Property owners and managers and those in charge of overseeing job sites, public events, public areas, and other premises frequented by kids, patrons, employees, visitors, and others are supposed to make sure that there are no unsafe conditions on a premise that can lead to serious injuries or deaths.

Common causes of fire injures to children younger than 15:

• Fireworks
• Ovens
• Curling irons
• Heaters
• Matches and lighters
• Hot liquids and hot foods
• Household appliances
• Defective electrical products
Kids Playing with Fire Leave Two Hurt in D.C., MyFoxDC.com, September 2, 2008
Burn Injury Fact Sheet, CT Safe Kids

Related Web Resources:

The Burn Institute

Fire Deaths and Injuries: Fact Sheet, CDC

Three People Injured in Prince George’s County After Police Pursuit Leads to Multi-Vehicle Crash

September 2, 2008 | Lebowitz & Mzhen

In Prince George’s County, Maryland, three people were taken to local hospitals yesterday after a purse-snatching incident began a police pursuit that led to a multi-vehicle collision. The robbery took place early in the afternoon when a man jumped out of a Toyota Camry and grabbed a purse from the car of a woman who was pumping gas into her vehicle at a Largo service station.

The man then fled in the vehicle, which two other men were riding in. The woman contacted police. A police car that was chasing the suspects crashed into a motor vehicle close to Balboa Avenue and Gunther Street. The vehicle was seriously damaged in the crash and the two people riding in the car and the police officer were taken to the hospital for “a routine checkup.”

The cruiser also struck at least one car on Balboa and possibly two more. The suspects abandoned their vehicle close to Clovis Avenue before running off.

If you or someone you love was injured in a Maryland motor vehicle crash or if your vehicle or other property sustained damages in an auto accident that was another party’s fault, you may be entitled to personal injury recovery from the negligent party and his or her insurer. You may also seek medical attention for what initially appears to be a minor injury, but symptoms may later appear to indicate that your injuries are more serious than you thought.

Some injuries may require x-rays, surgeries, prescription medication, physical therapy, rehabilitation care, follow-up visits, and other costly medical care that you may not be able to afford without help. Your injuries may also keep you from work and affect your ability to earn a living.

5 Vehicles Damaged In Chase After Theft, WashingtonPost.com, September 1, 2008

Related Web Resource:

Maryland State Bar Association

Maryland Woman Raped As A Child Sues Anne Arundel County for Personal Injury

September 1, 2008 | Lebowitz & Mzhen

A 21-year-old woman who was raped by her stepfather as a teenager is suing Anne Arundel County for negligence, professional liability, false imprisonment, false arrest, and negligent supervision. She is seeking $1.2 million in personal injury damages for every act of sexual assault by her stepfather that took place between May 14, 2003 through April 23, 2004.

The woman says she first approached County police In 2003 when she was 15. She reported that Rogers was raping her, as well as videotaping and taking pictures of the sexual assault incidents. At around the same time, her step aunt approached the Department of Social Services to report that Rogers had molested her when she was a child. She expressed concern for her niece’s safety.

No one reportedly believed them until the girl’s mother Laura Ann Rogers found one of the videos and killed Rogers. By this time, the girl was seven month’s pregnant with Rogers’s baby.

Maryland Investigators Say Montgomery County Police Officer Was Speeding When He Hit 12-Year-Old Pedestrian

August 28, 2008 | Lebowitz & Mzhen

In Maryland, investigators say that a police officer was speeding when he hit a 12-year-old pedestrian with his car in April in Montgomery County. Their probe found that Montgomery County Police Officer Jason Cokinos was driving more than 25 mph above the speed limit when he hit Luis Jovel with his car. Jovel was crossing the street close to his home in Clarskburg when the Maryland traffic accident happened.

Investigators says that the pedestrian accident would not have occurred if Cokinos, who was riding his cruiser while off duty, wasn’t speeding above the 30 mph speed limit. The report quotes the 23-year-old police officer as saying that he thought the speed limit was 40 mph.

Jovel suffered brain damage and is still in rehab. No criminal charges have been filed against Cokinos, who is back at work. He did receive two traffic violations related to the crash.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths and 80,000 pedestrians injured in the United States in 2007.

The WalkingInfo.org Web site says:

• 5 to 9-year-old male pedestrians are at high risk for becoming injured in a pedestrian accident.

• 65% of pedestrian accidents happen at non-intersections, especially those involving young kids that may run out onto the street.

• Pedestrian accidents are more likely to occur during the busy morning and afternoon rush hours.

• Deadly pedestrian crashes are more likely to happen after 5pm.

Report: Speeding Caused Police Cruiser To Hit 12-Year-Old, WJLA.com, August 26, 2008
Officer was speeding when he hit Clarksburg boy, report says, Gazette.net, August 21, 2008

Related Web Resources:

Speeding, SafeRoads.org
Crash Statistics, WalkingInfo.org

Newborn Baby Delivered Prematurely After Pregnant Mother Was Struck by Runaway Van is Dead

August 25, 2008 | Lebowitz & Mzhen

The baby of a New York woman who was struck by a runaway van and pinned under a bus while she was still pregnant with him has died. Sean Michael Justin Sanz passed away in intensive care on August 22 after being born prematurely on August 14.

His mother, New York Traffic Agent Donnette Sanz, underwent an emergency cesarean section procedure to deliver him. She died soon after.

Some 30 people tried to lift the front of the bus off the pregnant traffic agent. She was then rushed to St. Barnabas Hospital. The driver of the van was Walter Walker, a 72-year-old man with an extensive history of traffic offenses. In a statement to the New York Post, Walker said that his brakes wouldn’t work, and he tried to stop his van to avoid hitting Sanz.

Wrongful Death

Family members that have lost loved ones in accidents may be entitled to compensation from the liable party or parties. In Maryland, barring certain exceptions noted by the state’s wrongful death statute, the husband, wife, son, daughter, mother or father of the deceased can file a claim for wrongful death. If the decedent has no primary beneficiaries, secondary beneficiaries may be entitled to claim recovery.

Depending on the specifics of the case, wrongful death damages may include compensation for mental trauma, emotional trauma, loss of companionship, loss of society, loss of comfort, loss of parental care, loss of filial care, and other damages.

Dad loses his miracle: Bus baby’s tragic death leaves pa numb with grief, NYDailyNews.com, August 22, 2008
Bystanders Lift Bus Off Pregnant Mom, CBSNews.com, August 15, 2008

Related Web Resource:

Maryland: Wrongful Death and Intestacy Statutes, USDoj.gov

Victims of 2005 Firehouse Shooting File Maryland Personal Injury Lawsuit

August 21, 2008 | Lebowitz & Mzhen

Two people that sustained injuries during a 2005 shooting outside the Odenton Volunteer Fire Company banquet hall where a party was taking place are suing Anne Arundel County, the shooter, the party organizer, and the Odenton volunteers for personal injury. The plaintiffs are Erica Williams, who was struck by a motor vehicle as she fled from the scene, and Delvin Eldrige, who sustained a gunshot wound. They are seeking $7 million for their personal injuries.

Williams and Eldrige are accusing party organizer Temika Young of failing to provide sufficient security for party guests on September 10, 2005. Three of Young’s private security guards faced weapon and drug charges following the shooting.

The plaintiffs are accusing shooter Terrance Carlester Medley of recklessness. They also say the volunteer fire company and Anne Arundel County were negligent of premises liability when, according to the complaint, they did not keep the premises safe and “failed to investigate the purpose and extent of said party.” The plaintiffs say the fire department created a further hazard when they shut down the building’s lights following the shooting and tried to block the exits.