Maryland Accident Law Blog

The Maryland Natural Resources Police have had to turn their attention to local waters where a number of boating accidents have recently taken place.

On June 18, In St. Clement Bay near St. Clement Shores, a 10-year-old boy was injured in the head when an 18-foot boat hit a pound net. The child was flown to Washington DC and treated at the Children's Hospital National Medical Center.

Just one day earlier, the NRP recovered the bodies of two men from the Potomac River. They had died in a boating accident on June 16. Their boat had been found without anyone on board just south of the Woodrow Wilson Memorial Bridge. A third person who survived the accident was taken to a hospital for treatment. The NRP is investigating the cause of the accident.

3 people were also injured on June 19 in Neale Sound near Cobb Island when the 18-foot boat they were riding in hit a metal speed zone sign. Maryland State Police MEDAVAC flew two of the men to Suburban Hospital in Bethesda and one man to Prince George's Hospital Center.

As a general rule of law, a boat operator and its owner must exercise the highest degree of care to prevent injuries to passengers in the boat or swimmers or others in the waters or boats around them. A person who has suffered a personal injury or lost a loved one because of a boating accident or collision may be able to file a personal injury lawsuit.

Some Boating Safety Tips Consider:
*Make sure your boat is in top operating condition.
*To anchor, bring the bow into the wind and make sure the engine is in neutral.
*Close all openings on the boat before fueling.
*Check weather reports and continue to monitor the weather once you have left shore.
*Make sure someone who is not on the boat with you knows where you are, when you plan to
be back, and has a full description of the vessel that you are riding.

NRP Investigate Local Boating Accidents, Southern Maryland Online, June 22, 2006

Boating Safety And Survival Tips

Related Web Resources:
Maryland Natural Resources Police

Boating Safety Course

Every year in the United States, about 3 million car accidents result in injuries. According to the US Department of Transportation’s National Highway Traffic Safety Administration, 2 million of these injuries are permanent and approximately 40,000 of them result in death.

Personal injury cases based on car accident claims tend to stem from incidents involving:

-hit and run drivers
-uninsured or underinsured drivers
-accidents occurring from motor vehicle, SUV, semi -tractor trailer collisions, and rollovers
-accidents resulting from defective products or faulty design in cars and trucks

Some injuries caused by car accidents:

-death
-back injuries
-neck injuries
-head and brain injuries
-whiplash
-paralysis
-joint, bone, and muscle injuries

In a personal injury case, cost of medical treatment, loss of property, and loss of wages are some of the damages that can be sought.

Below we have included samples of auto tort complaints that we filed in Circuit Court, District Court, and Federal Court, respectively. We have redacted the names of the parties involved. Each document includes:

1) details of the accident
2) the injuries that the plaintiff incurred
3) details of negligence
4) the damages being claimed

If you have more questions about how to file a personal injury claim, Contact us at Lebowitz and Mzhen.

Download Sample Of Auto Tort Complaint Filed In Circuit Court

Download Sample Of Auto Tort Complaint Filed in District Court

Download Sample Of Auto Tort Complaint Filed In Federal Court

If you are the plaintiff in a personal injury suit, you may need to ask a medical expert to testify as a witness on your behalf. This person can verify the extent of your injuries and testify for you in court. Below, we have included a sample of a document that we filed in Circuit Court where we designated a particular physician as an expert witness for our client, the plaintiff, who was injured in a car accident. We have redacted the names of the individuals involved for purposes of confidentiality.

Download Sample Of Designation Of Expert Witnesses Document

This document was filed by the Maryland-based personal injury lawfirm of Lebowitz and Mzhen.

In addition to having expert witnesses who can verify the extent of your injuries, it is also important that you document the extent of your injuries and the circumstances surrounding your auto accident. Remember to be as specific as possible when writing down information. These notes can prove invaluable when it is time to decide how much you should demand for compensation.

Take Notes On:

1)Accident Details
- What you were doing at the time of the accident
-Where you were going
- Time of the accident and what the weather was like
- Detailed account of the accident itself
- Names and contact information of people involved in the accident
-Names and contact information of witnesses

2)Your Injuries
- Daily notes regarding any pain and discomfort caused by your injury (include loss of sleep, anxiety, stress)

3) Economic or other loss incurred as a result of the accident
- loss of income
- loss of job opportunities
- loss of social life
- loss of vacation time

4)Conversations
-Write down the date, time, and contents of every conversation you have about your accident or claim with the other party, witnesses, adjusters, insurance representatives, police, or with medical personnel.

A Maryland family recently filed a $5 million dollar wrongful death suit against Air Ag Inc. and its owner Robert J. Collins for the death of Edward Louis Brittingham in June 2003. The lawsuit claims that Brittingham died after he was exposed to Warrior, a highly toxic pesticide, when the Delaware-based aerial pesticide application company sprayed it onto a wheat field near a residential area in the city of Berlin.

The suit, filed on June 8 in Worcester County on behalf of Brittingham’s widow and five children, alleges that Air Ag Inc. and Collins were negligent because they “knew or should have known that the pesticide being applied was highly toxic and would cause serious injury including death if improperly or negligently applied.”

Causes for filing wrongful death suits in Maryland include:

-Medical errors
-Criminal attacks leading to injury
-Work-related exposure to dangerous conditions or substances
- Accidents

Judges and juries in Maryland decide damage amounts based on pecuniary injury, which is how much surviving family members have lost in terms of at least one of the following:

-Financial support
-Medical insurance, pension, 401k, etc.
-Medical or funeral costs
-Prospect of inheritence

Who can file a wrongful death suit:
-A wife for the death of her husband
-A husband for the death of his wife
-Parent or parents for the loss of a child
-Child or children for the loss of a parent

$5 Million Dollar Lawsuit Filed In Alleged Berlin Pesticide Case, The Dispatch, June 15, 2006

Related Web Resource:
Maryland Pesticide Network

The U.S. Consumer Product Safety Commission says that defective products cause more than 29.5 million injuries and close to 22,000 deaths in the US each year.

Some reasons for why a manufactured product might be defective:

- design defects
- defective manufacturing
- inadequate testing
- marketing misrepresentation – includes confusing, difficult to follow instructions and incomplete warning labels

Products liability cases are often filed in state court.

Below is a sample of a Products Liability Complaint for the Maryland State Courts. We have redacted the party names, but you can see that in this particular case we filed in (1) Strict Liability, (2) Negligence, and (3) Under Warranty.

Download Sample Products Liability Complaint

If you have been injured because of a defective product, you may have a products liability case on your hands and be eligible for compensation. A personal injury lawyer can assist you.

The recent motorcycle accident that left Pittsburgh Steeler star Ben Roethlisberger seriously injured is a classic example of what can happen when a motorcycle rider does not wear a helmet and gets into an accident.

Roethlisberger, 24, had to undergo more than seven hours of surgery after his motorcycle collided with a car at a Pittsburgh intersection. The youngest quarterback to ever lead a football team to a Super Bowl Championship fractured his upper and lower jaws, broke his nose, sustained head lacerations, suffered a mild concussion, and lost two teeth while chipping several others. He also sustained multiple abrasions and contusions.

According to The National Highway Traffic Safety Administration, in 2003:

-1158 lives were saved because people wore helmets
-640 more lives could have been saved had the riders worn helmets

The NHTSA also debunks the following myths about motorcycle injuries:

MYTH—Helmets cause neck or spinal cord injuries
FACT—Research has proven this untrue. Five studies reviewed by the GAO all reported a higher incidence of severe neck injuries for unhelmeted riders. An Illinois study found that helmets decrease the number of significant spinal injuries.

MYTH—Helmets impair hearing and sight
FACT—”The helmet affects my peripheral vision” and “I can’t hear as well” are two common myths neither of which is supported with scientific data. Normal peripheral vision is between 200° and 220°. Federal safety standards require that helmets provide 210° of vision. Over 90 percent of crashes happen within a range of 160° (with the majority of the remainder occurring in rear-end collisions), so it’s clear that helmets do not affect peripheral vision or contribute to crashes. Hearing is not affected either. Helmets reduce the loudness of noises, but do not affect the rider’s ability to distinguish between sounds. The University of Southern California conducted 900 onsite, in-depth investigations of motorcycle crash scenes and could not uncover a single case in which a rider could not detect a critical traffic sound. Some studies indicate that helmets are useful in reducing wind noise and protecting hearing.

MYTH—Motorcycle helmet laws are unconstitutional
FACT—The highest courts in more than 25 states have held motorcycle helmet laws to be constitutional. The Massachusetts motorcycle helmet law was affirmed by the U.S. Supreme Court.

MYTH—Motorcycle helmets laws violate individual rights.
FACT—All highway safety laws require individuals to act in specific ways: stop at stop signs, yield to pedestrians, etc. However, courts have consistently recognized that helmet laws do not violate the right to privacy and other due process provisions. Nevertheless, the legitimacy of other traffic laws, like driving on the right side of the highway, buckling a safety belt, using a child safety seat, not driving while impaired, and obeying traffic signals is readily accepted, because all motorists recognize that failure to obey these laws results in serious risk to themselves and others. Motorcycle helmet laws are no different.

MYTH—Age-specific motorcycle helmet laws are effective
FACT—Statistics tell us that the helmet use rate in states with age-specific helmet laws is usually the same as having no law at all. Currently 23 states have a law requiring helmet use for a specific portion of the population, usually those under 18 years of age. These laws only complicate the law enforcement community’s job, not make it easier. It’s hard to judge a person’s age when he or she is moving.

MYTH—States will no longer lose federal funds if motorcycle helmet laws are repealed. This is the time to repeal helmet laws without penalty.
FACT—In attempts to repeal or weaken helmet laws, helmet laws opponents imply that the Federal Government penalized states without motorcycle helmet laws through a loss of highway construction funds until the repeal of Section 153 of the Intermodal Surface Transportation Efficiency Act (ISTEA) in December 1995. This is not true. From 1992 to 1995, as part of an incentive package for states to pass motorcycle helmet laws covering all riders, Section 153 provided for the transfer of Federal funds from highway construction accounts to highway safety accounts in states not having all-rider helmet laws. The National Highway System Designation Act of 1995 repealed this provision.

MYTH—Statistics show that fatality rates are lower in states without helmet laws.
FACT—Comparisons should be across years within the same state rather than across states in the same year. This is because states differ significantly on a number of factors, such as weather, length of riding season, population density, urban versus rural roads. The real issue is what happens within a state after a helmet law is adopted or repealed.

MYTH—Motorcycles are a small percentage of registered vehicles, thus motorcycle crashes represent a minuscule burden to society.
FACT—Motorcycles are only 2 percent of the registered vehicles nationally, but motorcyclist fatalities are 5 percent of traffic fatalities each year. Motorcyclists account for over 2,100 fatalities and 56,000 injuries. The fatality rate per mile traveled for motorcyclists is 16 times that of car occupants, and the injury rate is about 4 times that of car occupants.

The state of Maryland makes it mandatory for all motorcycle riders to wear helmets when riding on the road. According to the Maryland Department of Transportation, there were over 15,000 motorcycle-related accidents and 427 deaths from 1985-1991 before the law was passed. From 1992-200, after the mandatory helmet law was passed, the accident total was reduced to 9024 and the total deaths were 342.

Motorcyclists and their passengers who have been injured due to the negligence of another driver may have a personal injury lawsuit on their hands. If you or someone you know has been injured in a motorcycle crash, a personal injury attorney can assist you.

Big Ben In Serious Condition After Motorcycle Accident, ESPN.com, June 13, 2006
Roethlisberger's Condition Upgraded,
Motorcycle Helmet Laws Unlikely To Change, Chicagosports.com, June 13, 2006
Roethlisberger Out Of Bed, Could Go Home Any Day, USAToday.com, June 14, 2006
Motorcycle Death To Accident Statistics, Maryland Department Of Transportation

Related Web Resources
Traffic Accidents On Motorcycle Statistics, FreeAdvice.com
Maryland Motorcycle Helmet Law

The US Senate Judiciary Committee is discussing changes to the Fairness in Asbestos Injury Resolution Act. The compensation bill offers a plan that would create a $140 billion trust fund that could end up removing asbestos-related personal injury cases from the courts. The fund would be financed from the revenues of companies facing asbestos litigation and their insurers, but some opponents of the bill worry that the fund might not be able to cover all liability claims and that taxpayers could end up paying for them.

Asbestos injuries result when a person who is exposed to dangerous levels of asbestos inhales or ingests asbestos fibers. Asbestos injuries can sometimes arise years after the incidence of exposure.

Job industries where the risk to asbestos is particularly high:

Construction
Railroads
Mining
Automotive
Shipping

Types of Asbestos Injury:
Asbestosis: A progressive, non-cancerous asbestos injury that can lead to disability or death

Mesothelioma: a cancerous and deadly form of asbestos

Asbestos injury is also linked to lung, esophagus, larynx, and pancreatic cancer. The possibility of developing lung cancer is seven times greater once a person has been exposed to asbestos. A person can also can incur an asbestos injury if they are exposed to someone who has been exposed to asbestos and is wearing the fiber on their clothing or their body.

A RAND study found that more than 730,000 people in the US filed asbestos injury claims from the early 1970’s through 2002. These claims cost businesses and insurance companies more than $70 billion dollars.

If you have been a victim of asbestos injury, you have the legal right to seek compensation. A personal injury attorney familiar with asbestos injury cases can help you.

Senate Judiciary Panel Again Takes Up Asbestos Compensation Bill, Jurist, June 8, 2006
Asbestos Injury, Asbestos News
Rand Study Finds More Than 730,000 People Have Filed

Related Web Resources:
Asbestos Claims In US, Costing Defendants More Than $70 Billion, Rand.org, May 10, 2005
Asbestos-Disease Ruled In Bill Faulted, Baltimoresun.com, June 7, 2006

Fairness In Asbestos Injury Resolution Act (PDF)

Statistics by the United States Department of Transportation and the National Highway Transportation Safety Administration say that in 2002, over 4800 pedestrians were killed and over 70,000 others were injured in vehicle-related accidents.

On June 6 in Ocean City, Maryland, a female woman in her 20’s suffered head injuries after being hit by a car filled with River Hill, Pennsylvania high school graduates. The pedestrian had failed to use a crosswalk.

In Hagerstown, Maryland, police are blaming an 18-year-old teenager for two hit-and-run incidents that took place on June 3. According to police reports, William Guy IV was driving a Ford Bronco in the wrong direction on I-81 South when he hit a pickup truck and later hit a pedestrian. Guy is said to have left both accident scenes. Police finally apprehended him after his Bronco crashed into a road sign. The pedestrian and two other victims were treated and later released at Washington County Hospital.

A pedestrian was killed on May 12 in Indian Head, Maryland when James Turner, 24, was hit by a bus while trying to cross Indian Head Highway on Route 210 in Charles County. Turner was struck when the driver of the bus swerved the vehicle from the right to the left lane to avoid deer on the road. So far, no charges have been filed.

A pedestrian accident can result in a range of injuries, including:
· Broken or fractured bones
· Permanent disability
· Temporary incapacitation
· Head injuries
· Brain injuries and damage
· Disfigurement
· Mental distress and damage
· Death

A personal injury lawyer can help you get compensation for injuries, distress, medical costs, loss of earnings, and any other damages or expenses resulting from a pedestrian accident. If you have lost a loved one as a result of a personal injury accident, you may be able to receive compensation for wrongful death.

Police: Pedestrian Struck By Teen Graduate, Delmarvanow.com, June 7, 2006

Pedestrian Struck And Killed By Bus Driver, ABC7news.cm, May 12, 2006

Police Say Teen Responsible For Three Early Morning Accidents, NBC25.com, June 3, 2006

Pedestrian Accident, Lawcore.com

Related Web Resources:
Injury Prevention: Pedestrian Safety, National Highway Safety Administration

Crash Statistics, Pedsafe

Injuries from motorcycle accidents tend to be more severe than those incurred from car accidents. Motorcycle accidents can result in debilitating injuries and even death. In Beltsville, Maryland, at approximately 11pm on Thursday, May 25, a Maryland Police Officer was taken to the hospital with second and third degree burns after a motorcycle crashed into a police cruiser. Police say the motorcycle was allegedly speeding down the 12900 block of Baltimore Avenue when it hit the cruiser. The police vehicle flipped over, landed on top of the motorcycle, and burst into flames. One of the motorcycle riders was critically injured, while the driver of the motorcycle died at the scene.

Statistically, most motorcycle accidents occur at night. The number of motorcycle-related deaths also tends to be higher at this time.

The National Highway Traffic Safety Administration says that in 2003:
-3661 motorcyclists died in road accidents
-67,000 were injured
-Approximately 50% of motorcycle-related deaths occurred because the motorcycle had crashed with another vehicle
-A little over 1/3 of the cyclists that died were speeding

Common Motorcycle Injuries:
Back Injuries
Brain Injuries
Burn Injuries
Disfigurement
Comas
Death
Fractures
Broken Bones
Trauma
Road Burns
Spinal Injuries

Maryland Police Officer Hospitalized For Burns After Cruiser, Motorcyle Crash,NBC4.com, May 25, 2006

Crash Involving Police Cruiser Kills Man, ABC7News.com, May 26, 2006

Motorcycle Accident Statistics, Free Advice.com

Related Web Resources:

Tips In Preventing Motorcycle Injuries, Whybike.com

Truck accidents involving smaller vehicles or pedestrians often result in more deaths and serious injuries than other vehicle accidents.

- There are over 500,000 truck accidents on US roads each year
- About 5,000 deaths result from truck-related accidents
- 12 % of all fatalities in the US are due to trucking accidents
- More than 75 % of truck accidents are caused, not by truck drivers, but by the drivers of the smaller vehicles involved

In the last few days, there have been a number of truck accidents in the Maryland and DC areas.

In Washington DC, on June 1, the driver of a pickup truck was killed on Md. 140 when his Toyota Tacoma crossed into the other lane and crashed into a school bus. The driver of the bus, Susan Schaffer, 52, had just dropped off several children at a nearby bus stop when the accident occurred. She suffered minor injuries but refused treatment. The driver of the truck, Brian Evans, 18, was pronounced dead at the scene of the accident.

Also in Washington DC on Thursday, a truck that had been carjacked and was being pursued by Prince George’s County police crashed into several cars on New York Avenue NE. Four people were arrested in connection with the carjacking and sent to a hospital for evaluation.

Interstate 295 in DC had to be closed down for most of the day when a tractor trailer was rear ended by a tanker truck that then burst into flames on northbound Kenilworth Avenue near Eastern Avenue. The driver of the tanker, Stanley Bowler, 46, was treated at the Washington Hospital Center for minor burns and bruises.

Just two days before in in Maryland, a Padasena man was killed in Anne Arudel County when his pickup truck struck a guardrail and overturned after veering off the westbound side of Route 100 near Lake Waterford Road. The driver Travis Stephen Dyer, age 26, was not wearing a safety belt.

Also that day in Anne Arudel County, a dump truck heading north on Interstate 97 between Route 32 and the Benfield Boulevard exit spilled hot asphalt onto the roadway after colliding with a car. The truck driver was treated for minor injuries at Baltimore Washington Medical Center, while the driver of the car was taken to Maryland Shock Trauma Center as a precautionary measure.

18-year-old Killed After Truck Collides With Bus, Carroll County Times, June 2, 2006

What A Mess! The Washington Times, June 2, 2006

Pasadena Man Killed In Crash Of Pickup, Baltimoresun.com, May 31, 2006

Truck Accident Statistics, Lawcore.com

Related Web Resources:
Car/Auto Accidents And Personal Injury Statistics, Personal Injury FYI.com

Truck Accidents, Lawcore.com

If you have been involved in a truck accident and have sustained injuries or have lost someone who was in a truck accident, you may be entitled to receive legal compensation and damages under US laws. Lebowitz & Mzhen are injury attorneys who handle truck accident cases. Contact us online or call us at 1.888.311.4878 for a free consultation.

As the boating season begins on Maryland’s waters this year, Maryland National Resources Police (NRP) have been working hard to educate people on practicing boating safety. Over Memorial Weekend, more than 16,000 boaters were checked by the NRP who issued 504 citations and 1846 warnings. They also held a National Boating Safety Week last month to promote safety precautions on a boat.

More than a dozen people die in Maryland each year due to boating-related accidents. In 2005, 14 people died and over 128 people were injured while riding a boat.

Nationally, in 2002, there were almost 6,000 boating accidents that led to 750 fatalities, over 4000 injuries, and over 39 million dollars in property damages.

The most common types of boats involved in boating accident/injury cases:
· Open motorboats
· Personal watercrafts
· Cabin motorboats

Some Causes For Boating Accidents:
· Capsizing
· Falls Overboard
· Collisions
· Sinking/Flooding
· Explosions
· Disappearance
· Fire

A boating accident must be reported if:
· A life is lost due to the accident
· Someone is injured and requires medical attention beyond first aid
· There is damage by or to the vessel and other property
· Any person on board a vessel disappears (under circumstances indicating possible death or injury)

The Maryland National Resources Police has made the following recommendations to ensure boating safety on Maryland’s waters:

· Wear an approved and properly fitted personal flotation device (PFD) at all times while aboard.
· Know and obey navigation rules, operate your boat at a safe speed and maintain a proper lookout.
· Stay in control of your vessel and respect the rights of others.
· Ensure that your boat is never overloaded.
· Leave a float plan with someone at home describing where you are going, who you are with, and when you expect to return.
· Remain sober and alert-remember the use of alcohol contributes to accidents on the water.

Driver,Boater Checks Fill Holiday, Delmarvanow.com, May 31, 2006
Maryland Natural Resources Police Kick Off Safe Boating Week, Southern Maryland Online
Maryland Natural Resources Police Remind Boaters To Be Safe The Holiday Weekend, Maryland Department Of Natural Resources
Boating Accidents, BoatingAccidentAttorneys.com
Boating Accident Injury, Onlinelawyersource.com

Related Web Resources:
Maryland Boating Safety Program, Boating In Maryland
Recreational Boating Accident Report Database, Bureau Of Transportation Statistics

Failure to wear a seat belt can sometimes affect the outcome of a personal injury lawsuit. In some states, failure to wear a seat belt can decrease the amount of compensation a plaintiff can receive. In other states, evidence of failure to wear a safety belt cannot be considered when determining the plaintiff’s damages.

In Maryland, more than 120 state law enforcement agencies are cracking down on passengers and drivers who don’t wear safety belts. The “Click It Or Ticket” campaign is part of a nationwide initiative to reduce auto accident deaths and increase Maryland’s 91% safety belt use rate.

State law enforcement groups have set up more than 100 seat belt checkpoints and enforcement zones where individuals not wearing seat belts will be ticketed. Special attention will be paid to safety belt use at night.

Maryland Accident Statistics:
In 2004, nearly 60 percent of the people who died in auto-related deaths at night were not wearing seat belts.

In 2005, 24 percent of all car crashes and 40 percent of fatal wrecks happened at night.

According to the Maryland Committee For Safety Belt Use, more than 450,000 Marylanders do not buckle up when riding in cars.

If you have any reservations about buckling up 100 percent of the time, consider:

· A vehicle going 30 mph produces the same impact as a fall from a third story window. So a crash during a short trip to the store can produce the force of a fall from 30 feet.

· In Minnesota where a seat belt law was enacted in 1987 and where seat belt use has increased from 20 percent to 80 percent, the number of severe injuries has decreased from 4,176 in 1987 to 2,222 in 2002.

More than 12,000 agencies in all 50 states, the District of Columbia, and Puerto Rico are participating in the “Click It Or Ticket” program from May 22 – June 04, 2006.

Maryland Police To Monitor Safety Belt Checkpoints As Part Of Safety Campaign, Baltimore Business Journal, May 22, 2006

Maryland Law Enforcement Joins Nationwide "Click It Or Ticket" Initiatve To Save Lives, PR Newswire, May 18, 2006

Click It Or Ticket Tonight And Always, The Daily Times, delmarvanow.com, May 24, 2006

Seat Belts, Answers.com

Lifesaving Tips For Drivers, Health AtoZ.com

Related Web Resources:

Seat Belts: Why You Should Use Them, Oklahoma State University Safety Training