Maryland Accident Law Blog

Five People Are Injured in Maryland When SUV Rams Into Chic-fil-A in Edgewater

November 20, 2007 | Lebowitz & Mzhen

The Anne Arundel County fire department is reporting that five people were injured when an SUV crashed into a Chick-fil-A on Solomon’s Island Road in Edgewater today.

One of the injured persons, a 67-year-old man, sustained serious injuries and had to be flown to the Maryland Shock Trauma Center. A 6-year-old boy was transported to Anne Arundel Medical Center for treatment of his injuries.

Three Maryland state troopers who were eating at the restaurant sustained minor injuries and did not require medical treatment. The driver of the SUV was not hurt.

If you were injured anywhere in Maryland or Washington D.C. in any kind of accident caused by someone who was negligent, it is important that you retain the services of an experienced personal injury law firm right away.

Driver negligence, carelessness, inexperience, drunk driving, speeding, and vehicle malfunction are some of the common causes of truck accidents, pedestrian accidents, car crashes, and motorcycle collisions.

The Top Driving Mistakes that Leads to Motor Vehicle Accidents (GMAC Insurance):

• Multi-tasking while driving: Fiddling with the radio, talking on the cell phone, text messaging, applying make-up, and reading a magazine are not activities that drivers should engage in while driving.

• Failure to yield when turning left: Remember to yield to motor vehicles and pedestrians who have the right of way.

• Following to closely: There should be a two-second pace between vehicles in case you need to step on the brakes. The time cushion should be longer if there is rain or snow on the road.

• Backing up without turning to see what’s behind you: Your driving mirrors may not show you what is behind you. Make sure to look before you drive in reverse.

• Incorrect Merging: Learn to merge properly.

SUV crashes into Arundel Chick-fil-A, injuring 5, Baltimore Sun, November 20, 2007
Top Driving Mistakes that Cause Crashes, GMAC Insurance

Related Web Resources:

National Highway Transportation Safety Administration

Motor Vehicle Accidents, Fatality and Analysis Reporting System

GMAC Insurance Says 36 Million US Drivers Would Flunk Driving Test

November 19, 2007 | Lebowitz & Mzhen

According to GMAC Insurance, one out of every six US drivers would flunk their driver’s test if they had to retake the test today. The GMAC Insurance National Drivers Test named New York as the state with the most number of drivers likely to flunk their tests, with Washington DC, Illinois, New Jersey, and Georgia also named close to the top of the list.

Gary Kusumi, CEO and president of GMAC Insurance Personal Lines, says that the two questions that the majority of test takers got wrong had to do with what to do when approaching a steady yellow traffic light and what the proper distance a driver should be behind the car ahead.

Other notable results from the GMAC test included the following:

• Drivers over 34 were the ones that would most likely to past their driver’s test if they had to take their tests again.

• 55% of participants were unsure as to how many feet before turning left or right they should activate their turn signals.

Car accidents are frequently caused by driver inexperience, negligence, or carelessness. Speeding, drunk driving, failure to obey the driving rules, not paying proper attention, and drunk driving are common causes of motor vehicle crashes that can lead to serious injuries or death.

The National Highway Traffic Safety Administration provides the following traffic-related fatalities in Maryland in 2005:

Prince George’s County, had twice as many traffic-related deaths than any other county in Maryland, Washington DC, or Virginia with 134 deaths. Baltimore County logged in at 73 deaths. Montgomery County clocked in with 44 deaths. Anne Arundel County had 54 deaths. There were 40 traffic-related fatalities in Charles County and 33 deaths in Frederick County. Carroll County had 21 deaths. Baltimore City had 34 deaths. Cecil County had 21 fatalities.

Car accidents can lead to broken bones, burn injuries, internal injuries, spinal cord injuries, traumatic brain injuries, and death.

If you have been injured in a car crash because of the negligent or careless actions of another driver, it is important that you try not to deal with the insurer of the negligent party by yourself. A good personal injury lawyer can protect your rights and make sure that you obtain the compensation that you are entitled to.

36 million drivers would flunk drivers tests, CNN.com, November 16, 2007
Prince George’s County leads region with 134 traffic deaths, Examiner.com, August 23, 2006

Related Web Resources:

National Highway Traffic Safety Administration

2007 GMAC Insurance National Drivers Test

NTSB Report Claims 2006 Metro Accident that Killed Two Track Workers Involved Metro Operator Error

November 16, 2007 | Lebowitz & Mzhen

The National Transportation Safety Board (NTSB) released a report that says that the accident that killed two track inspectors involved operator error. The report says that Lynette Harris, the driver of the Yellow Line train that killed two people on November 30, 2006, did not follow proper operating procedures and lied to federal investigators when she told them that she was not on her cellular phone while on duty.

The report says that both the workers and the operator did not follow proper protocol. However, the report also says that there aren’t enough proper procedures set up to make sure that track workers and train drivers communicate properly with one another.

Harris, who had departed from the Huntington Avenue Station in Alexandria, Virginia, violated Metro procedure by not asking the control center for permission to drive on the main tracks. She also lied to investigators when she said she was not using her personal cellphone while operating the train. Her phone records, however, indicate that she was on the phone right before the 9:30 am accident took place. Metro employees are not allowed to use their personal cellphones while working.

The two track workers, Matthew Brooks and Leslie A. Cherry, were hit by the empty train on the morning of November 30. Cherry died the day of the accident. Brooks died on November 7.

Train Accidents and FELA

The Federal Employers’ Liability Act of 1907 (FELA) provides coverage to train workers who are injured on the job. Unlike regular workers’ compensation, the injured party must prove that the accident was caused—at least partially—by a party affiliated with the train system or railroad company.

Proving negligence can be hard, which is why it is important to have a train accident attorney, who understand FELA and other railroad-related regulations, on your side. If you are a surviving family member of a train worker who was killed while on the job, your train crash lawyer may be able to help you obtain compensation by pursuing a FELA lawsuit on your behalf.

The statute of limitations for filing a FELA claim/lawsuit is three years from the date that the accident took place.

Errors Are Found In Metro Accident, Washington Post, October 26, 2007

Related Web Resources:

Train’s Operator Faulted in Fatal Metro Accident, Washington Post, January 4, 2007
FELA Quick Facts, FELA Help

Kanye West’s Mother Dies After Plastic Surgery

November 13, 2007 | Lebowitz & Mzhen

Donda West, the mother of record producer and rapper Kanye West, died on Saturday night at Centinela Freeman Regional Medical Center in Marina del Ray, California due to what may have been surgical complications.

Donda West, 58, had just undergone plastic surgery performed by Beverly Hills Dr. Jan Adams. Adams says he performed breast reduction surgery and a tummy tuck on West. He claims, however, that he didn’t do anything wrong and that her death could have been a result of other medical issues. He thinks that she died because of massive vomiting, a heart attack, or a pulmonary embolism.

Autopsy results are expected this week. Preliminary information, however, indicate that Donda West could have died from “complications of surgery.”

Another Beverly Hills plastic surgeon, Dr. Andre Aboolian, says that Kanye West’s mother spoke with him months ago about having plastic surgery. He refused to perform the procedure because she had a pre-existing condition that could cause her to have a heard attack if she underwent surgery. He told her that she needed to get medical clearance before he would perform the surgery. He never heard back from her.

If you suspect that you were injured or someone you love has died because of any kind of medical malpractice——including plastic surgery malpractice—you should speak with a medical malpractice lawyer immediately.

Common kinds of cosmetic surgeries include:

• Facial scar revision
• Plastic surgery
• Hair replacement
• Mentoplasty
• Rhinoplasty
• Breast implants
• Face lifts
• Otoplasty
• Tummy tucks
• Liposuction

Cosmetic surgery errors can lead to serious injuries or wrongful death. A person who is seriously injured because of plastic surgery may experience permanent scarring or disfigurement and suffer from emotional trauma, chronic pain, and psychological trauma. If physical appearance has a bearing on a patient’s career, he or she could experience loss of work.

A medical malpractice lawyer can assess your injuries and determine their cause and file a medical malpractice claim or lawsuit against the negligent plastic surgeon. If someone you love has died because of cosmetic surgery complications, you should speak with an experienced wrongful death lawyer who can file a claim or lawsuit for you.

Autopsy expected in death of Kanye West’s mother, CNN/AP,November 13, 2007

Related Web Resources:

Dr. Jan Adams

Cosmetic Surgery: Procedures at a Glance, American Society of Plastic Surgeons

Merck Will Pay $4.85 Billion to Settle Vioxx Lawsuits

November 9, 2007 | Lebowitz & Mzhen

Merck & Company says it will pay $4.85 billion to settle thousands of lawsuits related to injuries sustained by people who use Vioxx, a popular painkiller that was pulled from the market three years ago because studies revealed that it increased the risk of stroke and heart attack.

There have been thousands of personal injury lawsuits filed in federal and state courts over the past few years. The settlement agreement is intended to resolve these disputes. The $4.85 billion will be placed in a fund for the tens of thousands of Vioxx victims who suffered heart attacks and strokes because they once used the prescription drug. The fund will only be established, however, if 85% of the plaintiffs agree with the way the claims will be resolved.

The agreement consolidates the claims but is not a class-action settlement.

Merck had said initially that it would fight every claim based on whether or not the plaintiff had used Vioxx for an extended period of time or whether other factors could have led to the stroke or heart attack. Of the different products liability and wrongful death lawsuits that have already gone to trial, some of them resulted in verdicts in favor of the plaintiffs while other juries rule din favor of Merck.

Vioxx is believed to have doubled the risks of cardiovascular problems in people who had used the drug for more than 18 months. Nearly 20 million people in the United States are estimated to have used Vioxx.

Vioxx

Vioxx belongs to a category of drugs called nonsteroidal anti-inflammatory drugs (NSAIDs). Vioxx was used to decrease stiffness, pain, and inflammation in patients with osteoarthritis, rheumatoid arthritis, and certain forms of juvenile rheumatoid arthritis. It was also used to alleviate migraines, acute pain in adults, and menstrual pain. Vioxx was been known to cause heart attacks, stroke, death, and other serious and not so serious side effects.

Merck to Pay $4.85B Vioxx Settlement, Washington D.C., November 9, 2007
Vioxx, Drugs.com

Related Web Resources:

Vioxx Information Center, Merck.com
Merck yanks arthritis drug Vioxx, CNN Money, October 6, 2004

Millions of Toys with “Date Rape” Chemical Recalled After Five Children are Injured

November 8, 2007 | Lebowitz & Mzhen

Two children in the United States and three children in Australia were hospitalized after swallowing beads from a popular toy product that contain a chemical that metabolizes into a potent date rape drug when absorbed into the body.

The two children who became sick in the United States went into nonsresponsive comas. One of the children, a 20-month-old toddler, has recovered completely. The other child is recovering.

The toy, called Aqua Dots in the United States, has been recalled. 4.2 million Aqua Dots toys have been pulled off toy shelves throughout Canada, the United States, and Australia. Spin Master Toys, a Toronto-based company, distributes the product in North America. The toy is called Bindeez in Australia.

Aqua Dots toys are very popular in the United States and have been sold at major retail stores since April 2007. Aqua Dots were on Wal-Mart Stores’ list of top 12 Christmas toys for this year.

The toys are manufactured in China. The toy’s beads can be arranged into designs when sprayed with water. According to scientists, a chemical that coats the beads, when swallowed, turns into gamma hydroxy butyrate, the date rape drug, which can cause unconsciousness, drowsiness, seizures, coma, and death.

If your child was injured by a defective toy, you may be able to sue the manufacturer or distributor by filing a products liability lawsuit. An experienced products liability attorney can let you know whether you have grounds for a claim or lawsuit.

In other toy recent recall-related news, 405,700 toys said to be contaminated with lead where also pulled off shelves in the United States on Wednesday. Toys recalled include Pull-Back Action toy cars, “Big Red” wagons, Dragster and Funny Car toys, Duck Family wind up toys, Dizzy Ducks music boxes, and Winnie-the-Pooh spinning top products.

Toy contaminated with ‘date rape’ drug pulled, CNN.com, November 8, 2007
List of Lead-Contaminated Toys Recalled, AP, November 7, 2007

Related Web Resources:

GHB Drug Fact Sheet

Gamma-Hydroxybutyrate (GHB): A Newer Drug of Abuse, American Family Physician, December 1, 2000

Baltimore City Paramedics Rescue Injured Maryland Worker After 10-Foot Wall Collapses

November 6, 2007 | Lebowitz & Mzhen

A worker was pulled from the rubble of a building basement on Tuesday after a 10-foot-masonry wall collapsed on him. According to Fire Division Chief Jeffrey Segal, the worker sustained injuries but they were not serious.

The building where the worker was found is located at 207 E. Redwood St. and is undergoing major renovations.

Because of the Maryland Workers’ Compensation law, construction workers and other employees injured on the job cannot sue their employer if they are injured in an accident.

Workers’ compensation guarantees employees injury benefits even if the employee was the one at fault in causing the accident. However, just because you file a claim with your company’s insurer does not mean that your claim won’t be denied or the insurer may find a reason for why you should not receive the full scope of benefits that you believe you are entitled to.

An experienced Maryland workers’ compensation lawyer can protect your rights and ensure that you are given the compensation that you are eligible for.

A few important facts to know about Maryland Workers’ Compensation Law:

• For workers’ compensation to cover your injury, your injury must have occurred while you were doing your job.

• In order to avail of workers’ compensation from an employer, you must be an employee of that employer.

• Your injury must have been sustained in a work-related accident.

• If you sustained an occupational disease while at work—even though there was no accident—you are eligible to receive benefits under workers’ compensation.

Man hurt after wall collapses downtown, Baltimore Sun, November 6, 2007

Maryland Workers’ Compensation Law

Related Web Resources:

Maryland Form Center, Workers Compensation

Family of Boy Who Died from Staph Infection To File $25 Wrongful Death Million Lawsuit

November 2, 2007 | Lebowitz & Mzhen

The family of a 12-year-old boy that died from a staph infection is going to sue the city of New York with a $25 million wrongful death lawsuit.

Omar Rivera’s mother, Aileen Rivera, says she will sue the city because doctors at Kings County Hospital Center misdiagnosed his illness. Omar Rivera died on October 14 at Brookdale University Hospital and Medical Center.

His mother had taken the 7th grader to the hospital because she wasn’t satisfied with the care that he was getting at a clinic, which belongs to New York City’s public hospital system.

She says that the doctor at Kings County Hospital Center misdiagnosed Omar’s illness—identifying it as an allergic reaction rather than an infection. Because of this misdiagnosis, no tests were ordered. Omar was given Benadryl for his skin lesions. Omar died of methicillin-resistant Staphylococcus aureus.

Methicillin-Resistant Staphylococcus Aureus (MRSA)

Methicillin-resistant Staphylococcus aureus is a kind of bacteria that is resistant to certain antibiotics, such as methicillin, amoxicillin, penicillin, and oxacillin.

Symptoms can include boils or pimples. MRSA can cause infections in different areas of the body. Although most cases of MRSA are not fatal, some cases can lead to death.

Wrong Diagnosis

Misdiagnosing a patient can be a serious problem—especially if the wrong diagnosis results in the patient sustaining injuries, becoming more ill, or dying. A wrong diagnosis can cause doctors to give a patient the wrong medication or treatment. A sick person may have to undergo more serious treatment or surgery if his/her condition worsens because the correct diagnosis wasn’t made in time. A person’s chances of survival could decrease with a misdiagnosis.

Mother Plans $25M Lawsuit After Son Dies From Staph Infection, Fox News, October 30, 2007
Family to sue for $25 million over boy’s staph death, CNN.com, October 30, 2007
Understanding MRSA (Methicillin resistant Staphylococcus aureus), WebMD

Related Web Resource:

Methicillin-resistant Staphylococcus aureus (MRSA), CDC

Father of US Soldier Wins $10.9 Million Personal Injury Lawsuit in Maryland Against Baptist Church For Funeral Protest

November 1, 2007 | Lebowitz & Mzhen

The father of a solider killed in Iraq won a $10.9 million personal injury verdict against the Westboro Baptist Church, a fundamentalist church in Kansas. The church pickets at military funerals because it believes that the Iraqi War is God’s way of punishing the US for its acceptance of homosexuals.

The Maryland lawsuit is the first lawsuit to be filed by surviving family members of a deceased solider because protestors picketed a funeral. Albert Snyder sued for unspecified damages because church members demonstrated at his son, Lance Corporal Matthew Snyder’s funeral in March 2006. Albert Snyder says the protest ruined his experience and memory of the funeral and intruded upon what should have been a private ceremony for friends and family.

The Maryland jury awarded Albert Snyder $2.9 million in compensatory damages. It awarded Snyder $2 million for emotional distress and $6 million for punitive damages because of invasion of privacy. The value of the compensatory damages is greater than the defendants’ net worth.

The defendants in the personal injury case, Reverend Fred Phelps and his daughters Rebecca Phelps-Davis and Shirley Phelps-Roper were found liable for intent to inflict emotional distress and invasion of privacy.

Last month, a federal judge in Maryland had cleared the defamation charge against the defendants. The church had said that Lance Corporal Snyder’s parents had taught him adultery and idolatry because they were divorced. The judge dismissed the defamation charge on the basis that adultery isn’t defamatory.

If you have been injured in any manner—whether physically, emotionally, or mentally—because of the negligent actions of another party or parties, you should speak with a personal injury attorney right away.

You could very well be entitled to compensatory damages and even punitive damage (punishing the defendant) as compensation for the harm, injury, or loss that you have suffered.

Church ordered to pay $10.9 million for funeral protest, CNN.com, October 31, 2007
Defamation claim dismissed against funeral-protesting church, Eyewitness News, October 16, 2007

Related Web Resources:

Westboro Baptist Church military funeral protests ruling reinforces rule of law, Jurist.com, October 18, 2007

Washington D.C. Police Identify Motorcyclist Involved in Deadly Police Chase and Seven-Car Crash

October 29, 2007 | Lebowitz & Mzhen

D.C. police say they have identified the motorcyclist that was involved in the high-speed police chase that resulted in a deadly multi-motor vehicle collision on the Capital Beltway on May 30. The crash resulted in the deaths of two people. 15 others were injured in the collision involving seven motor vehicles.

The woman who was a passenger on the motorcycle is the person that has reportedly come forward to identify the motorcyclist. According to over 20 witnesses and based on videotape and other evidence, Office Scott Campbell began chasing a motorcycle, driven by a man with a female passenger, down the Capital Beltway during rush-hour traffic. The high-speed pursuit at times reportedly exceeded 120 mph. The police cruiser eventually crashed into an SUV and other vehicles became involved in the multi-car collision.

Officer Campbell reportedly began chasing the motorcycle without notifying dispatchers—which he should have done. Kevin McDonald and Sidney Clanton, who were riding the SUV, were killed almost immediately. The car of an off-duty police officer also involved in the crash was also seriously damaged.

There is no word on whether criminal charges will be filed. The Prince George’s police department vehicle pursuit policy says that police officers can only engage in chasing a suspect if an officer has probable cause to believe that the person they are pursuing either injured or killed someone in a hit and run crash or physically violent or could become physically violent. According to police policy, police officers must prioritize ensuring the preservation of life over catching a suspect.

Statistics show that 300 people die every year in police pursuit-related accidents. Of these deaths, about 30% of the victims were innocent bystanders who were not even directly involved in the pursuit. Between 1994-2002, 102 bicyclists and pedestrians and 40 police officers were killed because of police chases.

If you or someone you love was seriously injured in a motorcyclist, because a car driver, truck driver, another motorcyclist, a pedestrian, a bus driver, a police officer, or any other party behaved negligently or carelessly, you may be able to file a personal injury claim or lawsuit to demand compensation for your injuries.

Motorcyclist Sought in Pileup Is Identified, Washington Post, October 27, 2007
Study examines crash fatalities from police pursuits, UW School of Medicine, April 16, 2004
D.C. Area Crash Kills 2, Injures 15, CBS News, May 31, 2007

Related Web Resource:

Police Pursuit Accidents