Maryland Accident Law Blog

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

Six-Year-Old Girl Suffers Third Degree Burns From Live Wire At Prince George’s County Bus Stop

June 12, 2008 | Lebowitz & Mzhen

In Maryland, Prince George’s County officials are trying to figure out how there managed to be an exposed live wire at a Chillum bus stop. A six-year-old girl suffered electrical shock and “severe” third-degree burns on Saturday after she grabbed the wire. She was taken to Children’s National Medical Center where she stayed overnight.

A lighted shelter had been removed from the bus stop in February following several incidents of vandalism, and Prince George County’s Department of Public Works and Transportation says that the electrical current was supposed to have been turned off.

Susan Hubbard, a spokesman for the department, says that the county’s contractors all say that the electricity was shut down. A Pepco crew capped the live wire after the electrical burn accident.

The owners of public and private premises are supposed to make sure that any unsafe hazards or defects on a property are removed or repaired. When failure to fulfill this duty of care results in personal injury or death, the injured party or their family can file a Maryland premises liability claim against the negligent party.

Electrical Burns

Burn injuries can be caused by being burned or shocked by an electrical source, such as a live wire, an electric plug, or an electrical cord. Third-degree burns are the most serious kind of burns, and they can result in serious tissue or nerve damage. On the surface, electrical burns may appear minor, when in fact, the internal damage can be deep and catastrophic.

If you or someone you love sustained electrical burn injuries or another kind of burn injury because a property owner, an electrical company, or another party was careless, one of our Maryland burn injury attorneys may be able to help you.

Girl, 6, Burned by Live Wire at Bus Stop, Washington Post, June 10, 2008
Burn Injuries, Shriners Hospital

Related Web Resource:

Prince George’s County Maryland

Carney Man Pleads Guilty To Negligent Manslaughter in 2007 Maryland Boating Accident that Killed an Ellicott Man

June 12, 2008 | Lebowitz & Mzhen

In Baltimore County Circuit Court last week, William C. Spittel was sentenced to six months in jail and a $2,500 fine after he pled guilty to one count of negligent manslaughter by vessel. Spittel was the operator of a 24-foot motorboat that struck a channel marker in the Pleasure Island Cut, close to where the Chesapeake Bay and the Back River meet.

Spittel and his two passengers were thrown from the boat. While he and one of the passengers were rescued, Ellicott resident Michael D. Schott did not survive the boating collision.

The US Coast Guard says that there were 710 boating deaths in 2006 and 3,474 injuries. Causes of injuries and deaths included drowning accidents, operator inattention, recklessness, carelessness, speeding, machinery failure, no proper lookout, and alcohol use, which was the leading cause of deadly boating accidents.

The top five kinds of boating accidents in 2006 included collision with another vessel, collision with a fixed object, skier accidents, falls overboard, and capsized vessels. In Maryland, boating accident victims and their loved ones have the right to file personal injury/wrongful death claims and lawsuits against a negligent boat operator or another liable party.

Our Maryland boating crash law firm represents clients injured on private boats, cruise ships, jet skis, ferries, or any other kinds of vessels. We know how to properly investigate and pursue your case so that you can receive your financial recovery.

If your boating accident was caused by a defect in the boat, one of our Maryland boating products liability lawyers can investigate the defect and file a defective products claim or lawsuit against the manufacturer.

Man admits role in fatal boat accident, Baltimore Sun, June 6, 2008

2006 Boating Statistics

Related Web Resource:

Boating in Maryland

Scott Peterson Wrongful Death Civil Trial to Proceed

June 6, 2008 | Lebowitz & Mzhen

Scott Peterson, the man convicted of murdering his wife Laci Peterson and their unborn son Connor Peterson, will have to stand trial again—this time for a civil wrongful death lawsuit filed by Laci’s parents.

The ruling to have the trial go forward was made by a Stanislaus County Superior Court judge who said that Peterson’s conviction and death sentence could not speak for themselves. The plaintiffs in the wrongful death case are Laci’s parents, Dennis Rocha and Sharon Rocha.

The judge has stayed his ruling until June 23 so Peterson’s lawyers can appeal. Peterson, who is in San Quentin Prison, maintains that he did not kill his pregnant wife.

Laci’s body and Connor’s fetus were found in the East Bay nearly five months after she disappeared on Christmas Eve in 2002. Her parents, who initially sued for $25 million, are now asking for unspecified damages.

Although Peterson does not have the money to pay a large lawsuit, Laci’s parents want to make sure that he doesn’t make any money if he decides to sell his story. The murder of Laci and Connor had shocked the nation and books have been written and TV movies made about their killings. Sharon Rocha’s attorney says that Peterson can end the lawsuit if he agrees to a judgment of at least $10 million.

If your husband, wife, son, daughter, mother, or father has died in Maryland or Washington DC in an accident or incident that was caused by the negligence, malicious intent, or carelessness of another party, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party.

If your loved one died because of someone else’s criminal actions, the murderer will not only face criminal charges, but he or she can be named as a defendant in a wrongful death lawsuit.

Scott Peterson likely faces second trial in wrongful death case, MiamiHerald.com, June 6, 2008

Related Web Resource:

The Laci Peterson Case, FoxNews.com

Maryland Personal Injury Lawsuit For Paralysis Injury Sustained In 2004 Randallstown High School Shooting Will Be Tried in Baltimore County

June 5, 2008 | Lebowitz & Mzhen

In Maryland, the personal injury lawsuit filed by Edna “Peggy” Payton-Henderson, the mother of William “Tipper” Thomas III, the high school football player who became paralyzed from the waist down after being injured during a 2004 shooting at Randallstown High School parking lot, will be tried before a jury in Baltimore County. Maryland’s Court of Special Appeals’s decision upholds a lower court ruling to move the case to Towson in the “interest of justice” and because the location was more convenient for most of the witnesses.

The personal injury lawsuit names Randallstown High, the Baltimore County Police Department, the Baltimore Board of Education, two Baltimore police officers, and the two shooters who were convicted for firing a gun into a group of students. All of the defendants are accused of negligence and failure to prevent Thomas, who was shot in the neck, back, and lung, from getting hurt. The former high school athlete had planned to continue playing football at Morgan State University.

The shooting incident occurred in May 2004 following a charity basketball game. Four students were shot. Two gunmen are serving 50 and 100-year prison terms for the shooting. A third person, charged with bringing the weapon to school, will stand trial in the next few months.

Catastrophic Personal Injuries

If you or someone you love is paralyzed, has a traumatic brain injury, has a permanent disability or disfigurement, or is suffering from another catastrophic injury that was caused by someone else’s negligence, you should speak with a Maryland personal injury law firm that knows how to help you obtain recovery for your injuries.

Catastrophic injuries can affect your life forever, and there may be expensive and ongoing medical and care costs that you will have to pay for so that you can maintain some quality of life. The losses that can result from a catastrophic injury, such as the inability to work again or go to school or enjoy normal pleasures, such as recreational activities or being able to embrace your loved ones, cannot be quantified. There are, however, remedies available so that you can receive financial compensation for your losses, damages, pain and suffering, and medical costs.

County court to hear lawsuit in school shooting, BaltimoreSun.com, June 3, 2008
Sun coverage: Shooting at Randallstown High, BaltimoreSun.com

Related Web Resources:

Baltimore County Board of Education

Tejano Star Emilio’s Company is Sued For Personal Injury Over Bus Crash

June 3, 2008 | Lebowitz & Mzhen

Two people are suing Emilio Inc, the company of Tejano star Emilio Navaira for injuries they sustained during a tour bus crash in Texas in March. Navaira, who was driving the bus, lost control of the vehicle that slammed into traffic barrels. The singer suffered a life threatening traumatic brain injury that put him in a coma. He is slowly recovering.

Grupo Rio band drummer Daniel Sandoval, who suffered head and back injuries from the bus accident, and Pedro Perez, who is the grandfather of one of the band members, are the plaintiffs of the personal injury lawsuit. They are seeking unspecified damages.

The 45-year-old Tejano star reportedly had a blood-alcohol content of 0.19—over twice the legal limit—at the time of the crash. Police also say he was not properly trained to drive the tour bus. He was also reportedly tired when driving that night after performing at a Houston Club.

Navaira, has two previous arrests for DWI. Since he signed a form saying he does not own a car, he did not have to install an alcohol-detection device in his motor vehicle.

Bus drivers must have the experience and training to properly operate these large motor vehicles. Most buses are not equipped with seat belts and bus drivers are responsible for safely transporting a large number of passengers in their vehicles.

Passengers in cars and on motorcycles, as well as pedestrians and bicyclists, are often at a disadvantage when involved in a collision with a bus because, like trucks, buses are a lot larger and weigh a lot more and the impact of being struck by one of these vehicles is often catastrophic.

Contact our Washington DC bus accident attorneys or our Maryland bus crash lawyers if you or someone you love was seriously injured in a bus collision caused by another negligent party.

2 sue Tejano star Emilio over Houston crash, Houston.com, June 3, 2008
Musicians Sue Emilio’s Company For Personal Injury, Click2Houston.com, June 3, 2008
Doctors: If He Survives, Grammy-Winning Tejano Singer Emilio Navaira Faces Long Recovery, FoxNews.com, March 25, 2008

Related Web Resource:

Center for National Truck and Bus Statistics , Umich.edu

Planned Parenthood In Washington DC Sued For $50 Million By Mother Of Teenager That Had Botched Abortion

May 30, 2008 | Lebowitz & Mzhen

The mother of a teenaged girl is suing a Planned Parenthood in Washington DC for $50 million over a failed abortion. Shantese Butler, was just 13-years-old when her mother Emma Jean Butler took her to Planned Parenthood Metropolitan in September 2005 to have an abortion.

Shantese had gotten pregnant after being raped. The abortion left her with serious physical injuries, including a vaginal injury, abdominal bleeding, a cervical injury, uterine perforation, and a bowel tear. An exam the day after the procedure showed that parts of the fetus had been left inside her. Because of her injuries, Shantese can never have children.

Students for Life of America Director Kristan Hawkins say that Planned Parenthood denies responsibility for Shantese’s infertility and abortion-related injuries. Planned Parenthood says that Emma Jean’s claims are barred by assumption of risk and informed consent doctrines.

If you or someone you love was injured during a medical procedure, you should contact our Washington medical malpractice law firm today. We can determine whether a doctor, surgeon, hospital, nurse, or another medical provider was negligent or careless. You may have grounds to file a medical malpractice claim against all negligent parties.

Just this month, a Nebraska Planned Parenthood settled a personal injury lawsuit filed by a woman who also suffered injuries from a failed abortion. The woman nearly died when she experienced severe blood loss and a perforated uterus from the procedure. She has described the abortion as excruciatingly painful and three Planned Parenthood workers held her down while the Dr. completed the procedure. She had to be rushed to the emergency room after the abortion and a hysterectomy was performed.

Planned Parenthood Sued for $50 Million for Injuring Teen in Failed Abortion, Lifenews.com, May 28, 2008
Planned Parenthood in Nebraska Settles Near-Death Botched Abortion Lawsuit, Lifenews.com, May 27, 2008
BUTLER et al v. PLANNED PARENTHOOD METROPOLITAN WASHINGTON, D.C., INC., Justia.com

Related Web Resources:

Planned Parenthood