Maryland Accident Law Blog

Seniors Injured in Fall Accidents Can Suffer from Traumatic Brain Injuries

July 16, 2008 | Lebowitz & Mzhen

The US Centers for Disease Control and Prevention is reporting that 56,000 seniors age 65 and older were hospitalized in 2005 because of traumatic brain injuries sustained in fall accidents. Nearly 8,000 people died as a result of these TBIs. The study results were published in this June’s issue of the Journal of Safety Research.

TBIs were a factor in the 50% of accidental fall deaths and 8% of non-fatal fall-related hospitalizations involving seniors. The older people are, the greater their chances of becoming involved in a fall accident. Poor balance, chronic health issues, loss of sensation in the feet, muscular issues, eyesight problems, vision loss, and medication side effect have been known to contribute to an elderly person getting hurt in a fall accident.

According to CDC National Center for Injury Prevention and Control Director Ileana Arias, while most people worry that older people will break a hip when they fall, traumatic brain injuries are also a serious worry. It doesn’t help that traumatic brain injuries among seniors can easily be misdiagnosed or missed.

Falls are the number one case of injury and death for seniors age 65 and older. 1 out of 3 elderly Americans will get hurt in a fall accident every year. 30% of fall accidents require the victim to seek medical care.

In 2005:
• Almost 16,000 seniors died from fall accidents.
• 1.8 million seniors were seen at hospital ER’s.

• 433,000 seniors involved in fall accidents were hospitalized.

Slip and Fall Accidents

Seniors can be especially prone to injury if the owner of a property or business is negligent and neglects to repair or clean up a hazardous condition that could result in a slip/trip and fall accident.

In Maryland and Washington DC, our slip and fall accident lawyers can determine whether the premise owner/manager could have done more to prevent your fall accident from happening.

Senior Falls Can Lead to Brain Injury, WashingtonPost.com, June 24, 2008
Prevent Brain Injury, CDC.gov

Related Web Resources:

US Centers for Disease Control and Prevention

Traumatic Brain Injuries, National Institute of Neurological Disorders

Six People Are Hurt in Anne Arundel County Car Collision

July 15, 2008 | Lebowitz & Mzhen

In Maryland’s Anne Arundel County, six people were injured on Monday morning in an accident involving a Ford pickup truck and a Honda Accord. Police say the driver of the Accord lost control of the motor vehicle and swerved into the opposite lane where it became involved in a head-on crash with the truck.

Edward Lawrence Paquette, the driver of the Honda, sustained life-threatening injuries. Rescue crews had to extricate him from the wreckage before he was transported to Anne Arundel Medical Center and later to Maryland Shock Trauma Center.

The truck’s front-seat passenger, Christine Oakes, also sustained life-threatening injuries. Gary Oakes and three children, also in the pickup, were taken to Johns Hopkins Hospital for their injuries. Police are investigating the cause of the crash.

According to the National Cooperative Highway Research Program, head-on collisions are happening more often and resulting in fatalities.

Data gathered from 2003 shows that there were 366 fatal cross-media collisions on US freeways that year. 2002 statistics report that there were 680 deaths related to these kinds of accidents.

There is no leading cause of head-on crashes. Driver fatigue, driver inattention, speeding, incorrect lane changes, and drunk driving have all been known to result in cross-over accidents.

Other Kinds of Vehicle-Related Crashes:

• Single car crash
• Rear-end collision
• Rollovers
• Multi-vehicle accidents
• Side collisions

In Maryland and Washington DC, our car crash lawyers have helped many motor vehicle crash victims obtain recovery for the injuries and losses they have suffered.

6 injured in accident on Ritchie Highway, BaltimoreSun.com, July 14, 2008

Freeways: Severe, head-on crashes and deaths are increasing

Related Web Resource:

National Cooperative Highway Research Program

Anne Arundel County Sued for Wrongful Death of Naked Man Shot by Cop

July 7, 2008 | Lebowitz & Mzhen

The family of Donald E. Coates Jr., a 20-year-old Glen Burnie man who was unarmed and naked when he was killed by rookie Anne Arundel Police Officer Timothy Pleasant, is suing Anne Arundel for $10 million.

In the Maryland wrongful death lawsuit filed in Circuit Court, Pleasant is accused of acting with malice and behaving unreasonably on the night of May 24, 2005. The suit contends that no other police officer would have shot Burnie, who was fleeing, from behind.

Coates was delusional and on drugs when the shooting happened. According to Anne Arundel County police union president Officer O’Brien Atkinson, Pleasant “did exactly what he was trained to do under the circumstances” and that his only option was to use “deadly force.”

On the night of his death, Coates contacted 911 from his home and said that someone was trying to kill him. He then reportedly locked himself in the bathroom after ordering everyone in the house to leave at gunpoint.

Coates then jumped out of the bathroom window and hid behind the utility box. Pleasant spotted Coates and asked him to come out. Coates ran at him and Pleasant fired his gun four times. Coates died as a result of the shooting.

Coates’s family has filed the wrongful death lawsuit on behalf of his two young children. The family claims they sustained mental trauma and pain and suffering because of the shooting death. They are demanding recovery for funeral costs, gross negligence, excessive force, and seizures.

Please contact our Maryland personal injury law firm if another party seriously injured you or someone you love because of their negligent or careless actions.

Police Brutality

Police brutality is the use of excessive and unreasonable force by law enforcement personnel, including county police officers, state police, and federal agents. Beating, shooting a suspect without justification, sexual abuse, verbal abuse, and other violent actions are unjustifiable and against the law.

Police killing of naked man leads to $10 million lawsuit, BaltimoreSun.com, June 29, 2008

Related Web Resource:

Police Brutality in the US, HRW.org

Family of Motorcyclist Struck by Ambulance in Maryland Sues Anne Arundel County for Wrongful Death

July 2, 2008 | Lebowitz & Mzhen

The parents of Gene Sergent, a motorcyclist who died after his motorcycle collided with an ambulance in Maryland City on September 14, 2007 has filed a $4.4 million wrongful death lawsuit.

John A. Turkette and Frieda L. Sergent say that witnesses saw the driver of the ambulance, Darrel E. Blount, run a red light when his emergency lights were off. They are accusing him of causing the accident.

Their allegations contradict the Anne Arundel County police’s report that it was Sergent that ran a red light on Route 198 in front of the Maryland City Plaza shopping center. An Assistant County lawyer has acknowledged that there are report discrepancies among the witness reports.

The investigation that determined Sergent was at fault closed in April. Those findings were primarily based on police findings. According to Anne Arundel County police, Firefighter Blount was exiting the shopping center in his ambulance when Sergent drove his sport bike into the motor vehicle.

Sergent’s mother, however, claims that police can’t be trusted to be unbiased, because the “police department and fire department” are family. She and Turkette are suing Blount and Anne Arundel County. The lawsuit was filed in US District Court in Baltimore. Frieda L. Sergent says she is determined to clear her son’s name.

Whether you are a Maryland resident or someone from outside the state who was seriously injured or lost a loved one in a Maryland motorcycle accident, our wrongful death lawyers would like to talk to you. Even if police reports indicate that you or your loved one caused the accident, there may be evidence that proves otherwise. If so, you could be entitled to receive personal injury or wrongful death recovery.

Lawsuit filed in fatal ambulance crash, Hometown Annapolis.com, June 26, 2008
Police recruit, two others die in weekend crashes, Examiner.com, September 17, 2007

Related Web Resource:

Anne Arundel County

Maryland Family Settles WMATA Wrongful Death Lawsuit Over Tragic Valentine’s Day Pedestrian-Bus Accident

June 30, 2008 | Lebowitz & Mzhen

Gregory Schoenburn and Kimberly Pifer, the widower and daughter of Martha Schoenburn, one of two pedestrians killed in a bus accident on Valentine’s Day in 2007, have settled their wrongful death lawsuit against the Washington Metropolitan Area Transit Authority for $2.3 million.

Martha, an executive assistant, died after she and colleague Sally Dean McGhee were run over by a bus while they crossed Pennsylvania Avenue NW at the 7th intersection on February 14, 2007. The bus driver, Victor Kolako, pleaded guilty to two counts of negligent homicide and is currently behind bars.

Martha’s family had initially sued the WMATA for $50 million. The wrongful death lawsuit filed by McGhee’s family for $20 million is scheduled for trial in October.

Several pedestrian accidents have occurred at the intersection where the two women were struck, and the city has now added a left-turn only lane.

Following the two fatalities, WMATA has agreed to train its 2,400 Metrobus drivers annually. It also set up a “street smart” program to make sure that its employees are knowledgeable about pedestrians on the road.

Public buses are common carriers that owe passengers and pedestrians a greater duty of care to drive safely. Failure to fulfill this care is considered negligence, and if someone is injured or killed because of driver carelessness or recklessness, you are entitled to financial recovery. Our Maryland and Washington DC bus accident lawyers can help you explore all your legal options.

We know how to investigate bus crash cases and determine not just driver negligence, but we can find out if there is more that a transportation agency or the city could have done to prevent the accident from happening. We know how to bring an injury claim against all liable parties and deal with the unique issues that can arise with bus accident claims and lawsuits.

WMATA Settles Wrongful Death Suit, Legaltimes, June 13, 2008

Related Web Resources:

Washington Metropolitan Transportation Authority

Approaches to Enhancing Pedestrian Safety and Access, FHWA Safety

NHTSA Examines 2.7 Million General Motors SUVs and Trucks for Potential Fire Hazard

June 27, 2008 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is taking a closer look at 21 General Motors truck and SUV models that were made between 2006 and 2008 over concerns of a potential fire hazard.

Over 2.7 million GM vehicles are part of the probe to see if a fire might ignite inside the engine when the ignition is turned on. According to the Office of Defects Investigation (ODI), there have been 41 reports of non-crash engine compartment fires, with 8 of these incidents resulting in substantial property damage.

Investigators are looking at the engine, the electrical system, the battery cables, the circuit breakers, the fuses, wiring, and the engine cooling system as part of their probe.

Car Fires

Car fires can be deadly. In 2004, 520 people died as a result of a car fire in the United States, and there were 266,000 motor vehicle fires overall. While poor maintenance or involvement in a traffic collision can sometimes cause a car fire, fluid leaks, loose wiring, cracked insulation, or other defects can also lead to auto fires.

The burn injuries that can result when someone is hurt in a car fire can be excruciatingly painful, and a fire victim may need to undergo painful surgeries to recover.

If you were injured or your property was damaged in a car fire, our Maryland products liability lawyers can determine whether your injuries were caused by a defect in the car. A product can become defective if its design was defective or because of mistakes made during manufacturing. Your product also may have a defect as a result of negligent marketing.

Feds Investigating Engine Fires in GM Trucks, SUVs, US News and World Report, June 19, 2008
NHTSA Investigates 2.7 Million GM Trucks, SUVs, Consumer Affairs, June 17, 2008
New Warning to Be Issued About Deadly Car Fires, ABC News, October 12, 2005

Related Web Resource:

General Motors

NHTSA Wants to Delay Deadline for New Auto Roof Standards

June 25, 2008 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration needs more time to revise its auto roof standards. The deadline to toughen the current regulation setting standards, which are 35 years old, is July 1, but the NHTSA is allowed to ask the US Congress for an extension.

The NHTSA’s current proposal, introduced in 2005, requires new roofs to be able to endure a force equal to 2.5 times the weight of a vehicle, while allowing for enough head room protection for the average adult male. It also calls for testing both sides of a roof. The current standard calls for a roof to withstand 1.5 times it’s vehicles weight and the testing of only one side of the roof.

The auto strength regulations are designed to provide safety protection for people that are involved in rollover accidents, which account for 1/3rd of all motor vehicle fatalities. About10,000 people are killed in rollover accidents each year.

The NHTSA has said that increasing the weight standard to the proposed regulations should save 13-44 lives and prevent some 800 injuries annually. Opponents of the current proposal, however, say that the new proposed standard is not enough. Some critics also want the NHTSA to get rid of a provision in the new proposal that prevents injured plaintiffs from filing state injury lawsuits if the vehicle involved in the accident had met the new roof safety standards.

While motor vehicle rollover accidents can happen because of driver negligence, there are rollover crashes that do occur because of defects in the design or manufacture of a motor vehicle, including a poorly designed roof structure, an auto designed with a gravity center that is too high, and defective tires.

Our Maryland and Washington DC law firm has helped drivers and passengers injured in accidents obtain compensation from negligent auto manufacturers. We have the resources and experience to successfully take on your case.

New auto roof rules delayed, DetNews.com, June 23, 2008
`Roof Crush’ Rule for Rollovers Faces Deadline, Bloomberg.com, June 17, 2007
Related Web Resource:
Roof Crush Resistance Proposal, NHTSA

As Summer Travel Season Starts, NHTSA Warns 15-Passenger Van Users to Drive Carefully

June 20, 2008 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, the months of June through August are when the highest number of 15-passenger van injuries and deaths occur. 31% of all deadly 15-passenger van rollovers take place during this season, which is why the NHTSA wants drivers of these large vans to drive carefully and make sure that they follow the proper safety measures.

15 Passenger Vans

These large vans are designed to transport a large number of people and significant cargo. As a result, 15-passenger vans are a popular choice of transportation for large families, school kids, church groups, nursing homes, and others.

Over the last several years, however, there has been a noticeable trend of injuries and deaths occurring to passengers—in particular, students, being transported in these vehicles.

After analyzing 1,957 crashes the NHTSA found that the more passengers riding in these vans—even within the 15-passenger limit, the more likely these vans were to rollover and cause serious injury or death.

One reason for this is that 15-passenger vans are designed with a high center of gravity, which moves higher and towards the rear whenever the weight in the van gets heavier. This increases the chances of rollovers.

Other hazards that can cause injury or harm upon rollover include:

• Lack of laminated side windows to cushion a passenger
• No emergency exits
• Insufficient crash padding

Motor vehicle accidents that occur because of a defect in a vehicle can be grounds for personal injury or wrongful death claims if someone gets hurt or dies.

In Maryland and Washington DC, our auto products liability lawyers can discuss your case with you.

Rollover Crashes for 15-Passenger Vans More Likely during Summer, NHTSA.gov
15-Passenger Vans: High-Riding Death Traps, Safetyforum.com

Related Web Resource:

15-Passenger Van Safety Hazards

Teenager Files $10 Million Personal Injury Lawsuit Against Washington DC For Rape in Clinic

June 19, 2008 | Lebowitz & Mzhen

A DC teenager, who was raped by a counselor at a Pennsylvania clinic in 2005, has filed a federal lawsuit suing Washington DC and nonprofit group KidsPeace Corporation for personal injury. The girl, who is a former ward of the city, had been consigned to the clinic, which is run by KidsPeace. In her lawsuit, the teenager says she was sent to the KidsPeace clinic despite reports of previous abuse incidents at the Pennsylvania site.

The plaintiff alleges that the city therefore plaid a role in allowing the brutal sexual assault incident to occur. KidsPeace counselor, Jerry McChristian, has admitted to raping the girl, and he pled guilty to institutional rape in 2006.

This is not the first report of children under welfare becoming the victims of abuse, and Washington DC has agreed to send less children to remote clinics. Just this month, a monitor appointed by the US Congress reported that children at a Florida clinic were being treated like “garbage.” DC officials only found out about the abuse through media reports. In 2007, schools Chancellor Michelle Rhee found out that several children under KidsPeace’s care had suffered broken arms while under “therapeutic restraint.” Rhee is no longer sending kids to KidsPeace clinics.

Sexual Assault Crimes and Negligent Security

If you were sexually assaulted on a premise, you may be able to hold the landlord, property owner, premise manager, or another party liable for the harm that you have suffered. Premise manager, owners, or any entities in charge are supposed to implement the proper safety measures to make sure that no physical or property crimes are committed so that visitors, patrons, patients, customers, and employees do not get hurt, assaulted, raped, robbed, or murdered while on a premise.

If there is has been a history of crimes committed on the premise or in the area, then the premise owner or manager must secure the property so that similar crimes cannot happen again. If you or your child has been placed under the care of a government entity, and you were injured because they were negligent in their hiring of staff or they failed to implement the proper safety/security measures, you may be able to sue the liable party or parties for personal injury.

Our Washington DC personal injury law firm can help you explore your legal options.

Teen sues D.C. for $10M, saying city put her in clinic where she was raped, Examiner.com, June 19, 2008
Ex-KidsPeace counselor admits to sex with teen, Isaccorp.org, July 20, 2006
Youth Counselor Sentenced in Sex Case, Action News, November 30, 2006

Related Web Resources:

KidsPeace lays off 79 employees, Mccall.com, October 20, 2007

US Senate Committee To Hear Case of Family That Signed Away Right to Sue Nursing Home For Neglect

June 18, 2008 | Lebowitz & Mzhen

This week, in Washington DC, a US Senate committee is scheduled to hear about a case involving the family of William Kurth, who sustained a number of pressure ulcers and fractured his leg and up while staying at a nursing home. Kurth’s family, however, was unable to sue for nursing home negligence because Kurth’s wife, Elaine, had agreed, when admitting her husband to the home, that all complaints would go through an arbitrator.

Elaine was reportedly on medication and under extreme duress when she signed papers giving Kurth, a stroke victim, permission to stay at a nursing home. Family members say that Kurth died because urine and excrement had not been cleaned off his bedsores for several days.

Kindred Healthcare says that the Kurth family says that the arbitration agreement was offered as an option and not a condition for admission into the nursing home.

The Senate panel is investigating the nursing homes’ use of binding arbitration agreements that gets patients to sign away their right to file a nursing home abuse or negligence lawsuit. Wisconsin Senator Herb Kohl, who is the chairman of the Senate Aging Committee expressed concern that many residents are not in the proper state to realize that they are signing away their right to sue.

Over the past five years, over 100 lawsuits have been filed to challenge these kinds of agreements.

While some lawmakers, trial lawyers, and consumer advocacy groups want to put in place legislation that makes these agreements unenforceable, others say that the lower costs for arbitration make it easier for patients with smaller cases to receive compensation.

In Maryland and Washington DC, our nursing home abuse and neglect lawyers represent families with whose loved ones have suffered because of abuse or neglect at a nursing home or residential care facility.

Patients signing away right to sue nursing homes, AP, June 17, 2008
Nursing homes prefer arbitration over courts, Azcentral.com, June 17, 2008

Related Web Resource:

Arbitration Agreements: Why They Should Be Prohibited In Admission Agreement, California Advocates for Nursing Home Reform