Maryland Accident Law Blog

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.

Pit Bull Attacks 18-Month-Old Maryland Boy at Day Care Home in Aberdeen

August 20, 2008 | Lebowitz & Mzhen

An 18-month boy sustained serious injuries on Monday after a pit bull bit him. The dog attack happened at the home of a day care provider in Aberdeen, Maryland.

Demetrious Allen had to undergo surgery at Johns Hopkins Children’s Center to treat deep bite wounds he sustained to his head after the dog tore his scalp. The animal let go of the child after the day care provider called his name. A neighbor applied pressure to the boy’s head while the provider contacted 911.

The day care provider says that she did not see the toddler go out the back door and into the yard. She was in the bathroom when the dog attack begun. Allen, who has been released from the hospital suffered no permanent brain damage. Police say the daycare home will not face criminal charges.

The dog, a male pit bull, belongs to the son of the day care provider. The dog had been penned in a fenced in yard. The day care provider told law enforcement officers that the animal had been with children before and had never attacked anyone.

This latest attack by a pit bull continues to raise concerns about whether the breed is dangerous to humans. In Baltimore, a one-year-old’s face was mauled by the family’s pit bull. Another 7-year-old was hospitalized after being bitten by a pit bull. In Prince George’s County, pit bulls have been banned following several attacks.

Premises Liability

Property owners and managers can be held liable for personal injury if he or she allowed an unsafe condition or hazard to exist on a premise that could have been repaired or eliminated and someone is injured as a result.

In Maryland, our Aberdeen dog bite lawyers represent victims that have been attacked by dogs on other people’s properties. We also represent clients injured in premises liability cases involving inadequate security, slip and fall accidents, products liability, and falling merchandise.

Toddler Released From Hospital After Dog Attack, WJZ.com, August 19, 2008
Boy in day care bitten by pit bull, BaltimoreSun.com, August 18, 2008

Related Web Resources:

Maryland Dog Bite Law, Animallaw.info
Premises Liability Overview, Justia

Head-On Crash In Howard County, Maryland Leaves One Man Dead and Five Others Injured

August 18, 2008 | Lebowitz & Mzhen

In Howard County, one person died and five others were hurt in a head-on crash on Thursday in Lisbon. Mt. Airy resident Milton Stanley Bowens Sr., 64, was declared dead at the scene on Frederick Road close to East Daisy Road. Three of the passengers that had been riding in his Ford Explorer with him, 44-year-old Adrienne Jones, and her teenage daughters Corin and Jasmin Disney, were sent to hospitals in serious or critical condition.

According to Howard County police, a speeding BMW crossed a double line a number of times in an attempt to pass other cars before crashing into the SUV. The driver of the BMW was 22-year-old Joel Nathaniel Wareham. Wareham and his passenger were admitted to Maryland Shock Trauma Center and were released on Friday.

Following Wareham’s release, he was arrested at his home. He has been charged with drunk driving and speeding.

If you have been injured in a motor vehicle accident in Maryland or Washington DC, it is important that you speak to an experienced Baltimore personal injury lawyer first before trying to negotiate a settlement agreement with the responsible party’s insurance company. A good Maryland car crash lawyer can work with accident reconstructionists who can investigate the accident scene and determine who and what caused the collision.

Accident Reconstructionists

Accident reconstructionists are experts at taking physical evidence and examining clues from the accident site to reconstruct what happened before, during, and after the accident. Motor vehicle accident reconstructionists can determine who was speeding or whether the crash was caused by poor weather conditions, a defective product, or another factor.

The more evidence that your Maryland motor vehicle lawyer can gather proving the other party’s liability, the greater your chances of recovering the maximum recovery that you are owed.

1 killed, 5 injured in head-on collision in Howard Co., BaltimoreSun.com, August 15, 2008
Man charged in Howard crash, BaltimoreSun.com, August 17, 2008

Related Web Resource:

What is Accident Reconstruction?