Maryland Accident Law Blog

This month, the Charles County Sheriff’s Office announced that—as of August 8—the death toll on Charles County Roads had risen to 27 people. The accident toll was reported at 24 traffic crashes, with 12 of them DUI-related. Speeding, failure to wear a seatbelt, and other driving-related errors were cited as other reasons for the traffic accidents and fatalities.

The Sheriff’s office said that-this year-they have (so far) issued:

· 4,282 speeding citations.
· 673 child safety seat and seatbelt citations.

Maryland State Police, La Plata Town Police, and the Sheriff’s Office have already issued 352 DUI citations for 2006.

The Sheriff’s office issued the following safety tips:

· Follow the speed limit.
· Adjust your speed to fit weather conditions. Turn on your headlights and windshield wipers if it rains.
· Wear your seatbelt and make sure all passengers are wearing theirs.
· Focus on the road and your driving.
· Never drive under the influence of alcohol or drugs.

If you or someone you know has been injured in a traffic accident, you may be able to receive compensation for your injuries by filing a personal injury lawsuit. Contact a personal injury law firm for a free consultation.

27 People Dead On Charles County Roads YTD, Southern Maryland Online.com, August 8, 2006

Related Web Resources:

Charles County Sheriff's Office

Maryland Safety Highway Administration

Driving Defensively, National Safety Council

A 42-year-old Calvert County woman was killed on August 18 after the motorcycle she was riding on Lothian Road was hit from behind by an SUV. Anne Fordham Smith was ejected from her 2004 Harley-Davidson Dyna Low Rider by a 2003 Chevrolet Trailblazer driven by Vicki Denise Hanbury. Smith sustained multiple injuries and pronounced dead at the scene of the accident.

Hanbury’s Trailblazer also struck a 1990 Toyota 4Runner being driven by 20-year-old Lothian resident Amber Renee Leyland. Leyland’s SUV rolled onto its roof, and she and her 4-month old infant passenger were treated for minor injuries and later released at Calvert Memorial Hospital. Hanbury was taken to the same hospital and treated for injuries also.

The US Department of Transportation’s National Highway Transportation Safety Administration says there were 42,815 motorcycle-related fatalities in 2002.

Because motorcyclists do not wear seat belts, they risk being thrown off their bike, being seriously injured, or killed in an accident.

The following safety tips can reduce the risks of death or injury during a motorcycle accident.

1. Watch blindspots as well as blindspots of other vehicles—especially trucks.
This allows for defensive driving and anticipating possible collisions.

2. Wear a helmet to protect your head in the event of an accident. It can sometimes be your only protection. Your helmet should meet US Dept. of Transportation safety standards. Make sure your helmet has a DOT-approved sticker.

3. Drive carefully, pay attention to the other vehicles around you, don’t ride in between lanes of traffic or share a lane with another vehicle, and follow the laws of the road.

4. Regularly conduct safety inspections on your bike to make sure everything is operating correctly.

5. Wear protective gear and clothing.

6. Do NOT Exceed the speed limit, and drive carefully at night.

If you are injured in a motorcycle accident due to the negligence of another driver in the Maryland and Washington DC area, you may be able to make a personal injury claim. Contact the personal injury law firm of Lebowitz and Mzhen for a free consultation by email or call or toll-free at 1-888-311-HURT (4878).

Calvert Woman Killed In Collision, Hometownannapolis.com, August 19, 2006

Tips In Preventing Motorcycle Injuries, Carjunky.com

Safety Tips For Motorcyclists, Sharetheroadsafely.org

Related Web Resources:

State Of Maryland Mandatory Helmet Law

2006 Motorcycle Safety Program

A 38-year-old female bicyclist was pronounced dead after a Saturn car hit the bicycle she was riding on Clear Ridge Road on August 17. Jennifer Michele Clayton died of her injuries at Baltimore’s Maryland Shock Trauma Center later that night.

The surviving loved ones of a cyclist who has been killed in vehicle-related accident may be able to file a personal injury/wrongful death lawsuit for their loss. A personal injury attorney can assist you in determining whether you are eligible to make a claim.

According to the National Highway Traffic Safety Administration, here are some common situations that often lead to vehicle-related bicycle accidents. The crash types were determined by evaluating more than 3,000 bicycle-motor vehicle accidents that took place in Maryland, California, Florida, Minnesota, North Carolina, and Utah.

1) When the bicyclist and motorist are traveling on parallel paths and traveling in either opposite or the same direction:

· The motorist turns or merges into the bicyclist’s path – 12.1% of crashes.
· The motorist overtakes a bicyclist – 8.6 % of crashes.
· Bicyclist turns or merges into the car’s path – 7.3% of crashes.

2) When the motorist and bicyclist are about to cross each other’s paths:

· The motorist fails to yield the right-of-way at a junction – 21.7% of crashes.
· The bicyclist fails to yield the right-of-way at an intersection –16.8% of crashes.
· The bicyclist fails to yield the right-of-way at a midblock location – 11.7% of crashes.

Bicyclist Struck And Hit By Motorist, wjz.com, August 19, 2006

Bicycling Crashes: Crash Types, Bicyclinginfo.org

Related Web Resources:

Traffic Safety Facts 2002-Pedalcyclists (pdf)

Bicycle Safe.com

Maryland State Police have been investigating a fatal car accident that took the lives of Christine Marie Bruno, 44, and her 14-year-old daughter Kristen on August 17.

Bruno was pulling out onto Holly Grove Road from the Glen Ridge development when she neglected to yield to traffic on Route 50 and was hit by a Ford truck being driven by Dagsboro resident Howard L. Lynch III, 35.

Bruno was killed on impact. Her daughter, Kristen, was flown to Peninsula Regional Medical Center where she was pronounced dead. Another juvenile, a 13-year-old girl, who had been sitting in the front passenger seat of Bruno’s car, was taken to Johns Hopkins Hospital and treated for critical injuries. She is expected to recover fully.

While Lynch is not considered the at-fault driver in the accident, police say that he was driving under the influence and there was marijuana in his truck. He was charged with DUI, possession of marijuana, and possession of paraphernalia. Worcester County State Attorney Joel Todd is still determining whether to charge Lynch with vehicular homicide.

In 1999, According to Unitedjustice.com:

· There were an estimated 6,289,000 car accident in the US.
· 3.4 million of these accidents resulted in injuries.
· 41,6111 people were killed due to these accidents.
· An average of 114 people die in car crashes in the US every day.

In 2004, according to the CDC’s website:

· 16,694 people in the U.S. died in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths (NHTSA 2005).

· About 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice, 2004). That’s less than one percent of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year (Quinlan et al. 2005).

· Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol (Jones et al. 2003).

The National Highway Transportation Safety Administration says that alcohol-related motor vehicle crashes kill someone every 31 minutes; someone is injured in an alcohol-related motor vehicle crash every two minutes.

If you or someone you know has been injured in a vehicle-related accident due to the negligence or carelessness of a drunk driver, you should consult a personal injury attorney to see if you should file a personal injury lawsuilt.

Mother, Daughter Killed In Berlin Crash, Delmarvanow.com, August 19, 2006

Teen Expected To Survive Crash, Delmarvanow.com, August 22, 2006

Impaired Driving, CDC.com

Killed By Car Accidents, Unitedjustice.com

Related Web Resources:

The National Commission Against Drunk Driving

Drunk Driving, National Safety Council.org

In Maryland, the mother of a 14-year-old boy who was shot and killed by police on August 12 has hired an attorney and is claiming that his death was a wrongful death situation.

Baltimore police say that Officer Roderick Mitter shot and killed Kevin Cooper outside his home in Southwest Baltimore after Cooper hit him and threatened him with a jagged, broken broom handle. Police say that Cooper’s mother, a state correctional officer, had called police, told them that her son was assaulting her, and asked police to come to her home on Font Avenue.

Officer Mitter says that he first tried apprehending Cooper, who was assaulting him, with Mace. He alleges that the boy then moved toward him with the broom handle, so he shot Cooper on the shoulder.

Cooper was pronounced dead at St. Agnes Hospital, while Mitter was treated for his injuries at Mercy Medical Center.

A. Dwight Petit, The attorney for Cooper’s mother, says that mother and son were involved in a verbal argument only and that she had called police to calm down the discussion.

Petit says that Cooper never attacked the officer, and that it was Mitter who harassed the teenager, assaulted him with Mace and then shot him.

When someone’s death is caused by the negligent or wrongful actions of another person, filing a wrongful death claim may be appropriate. A wrongful death lawsuit allows surviving family members to be receive compensation for the death of their loved one.

Family members who can file a wrongful death suit:

- The wife or husband of the deceased
- The parents of a child who has died
- A child for the death of a parent

If you have lost someone you love in a wrongful death situation, a personal injury attorney can assist you with your claim. Contact the law firm of Lebowitz and Mzhen for more information.

Policeman Shoots, Kills 14-Year-Old Boy, Baltimoresun.com, August 13, 2006

Related Web Resources:
Shooting Puts Focus On Police Decisions, Baltimoresun.com, August 15, 2006

Summary Of Wrongful Death And Intestacy Statues For Maryland (pdf)

Inquest.com, Death By Police Shooting

In Maryland, four people were taken to hospitals last week after a Butler Ambulance and a Carroll County government dump truck were involved in a five-vehicle accident on Route 32 outside Sykesville.

The accident took place south of Springfield Avenue when the ambulance hit a compact car, the dump truck, and a small SUV. The ambulance was also hit by another SUV.

Two of the ambulance medics were taken to the Maryland Shock Trauma Center in Baltimore where they were treated for injuries. Another medic was taken by ambulance to Carroll County Hospital Center. The driver of the small SUV had to be cut out of his car and taken to Howard County General Hospital for treatment.

According to data from the Bureau of Labor Statistics (provided by the CDC), millions of US workers whose job involves operating a motor vehicle are at high risk for becoming involved in a vehicle-related accident.

Between 1999-2003:
· 1399 of these workers died each year from crashes on public highways.
· 349 workers died each year in crashes that occurred off the highway or on industrial premises.

In any car accident, the party who caused the accident that led to another person being injured can be liable for damages in a personal injury lawsuit. Victims of a car accident who have been injured have the right to file for compensation. If a victim is killed during a vehicle-related accident, his family may be able to file for damages.
If you are injured in a car accident, it is important that you gather as much information about the accident as soon as possible.

1) Get the contact information of everyone involved.
2) Document your injuries and get treated immediately.
3) Call police to the scene of the accident and file a report.
4) Get the contact information of witnesses and ask them to provide specific details of what they saw.
5) Document your experience of the accident.
6) Contact your insurance agency right away.

The more information you gather, the better your chances for winning a personal injury lawsuit. Contact a personal injury attorney for more information.

4 Hospitalized After 5-Vehicle Accident, Baltimoresun.com, August 10, 2006
Traumatic Occupation Injuries: Motor Vehicle Safety, CDC.gov
Car Accident Injury, Crash-Worthiness.com

Related Web Resources:
Ambulance Crash Log, EMSNetwork.org
Bureau of Labor Statistcs

Maryland Lieutenant Governor Michael Steele was treated and released at a local hospital last week after he was involved in a car accident. Maryland State Police say the Chevrolet Suburban that Steele was traveling in was hit by a Chevrolet Cavalier at an intersection of Dorsey Road and Ridge Road in Hanover near the Baltimore Washington International Airport. The driver of the Cavelier was 19-year-old Baltimore resident Brittany Laporte. Preliminary reports are citing driver error.

Paramedics drove Steele and the two troopers who were riding with him to the Baltimore Washington Medical Center in Glen Burnie where they were treated and released. Steele reportedly went home to rest afterward.

If you are injured in a car accident, you should act quickly to find witnesses and preserve the evidence to prove your case to an insurance company.

We, the personal injury law firm of Lebowitz and Mzhen, have put together a list of what to do if you are involved and injured in a vehicle-related accident. These include:

1) Returning to the accident scene.
2) Protecting physical evidence.
3) Locating witnesses.
4) Documenting your injuries.

For a more detailed explanation, read our article, Preserve Evidence Of Fault And Damages.

If you file a personal injury lawsuit and the other party’s fault is established, you may be able to recover compensation and damages for:

1) Medical expenses incurred because of the accident.
2) Financial compensation for salary lost during time off taken to recover from the accident.
3) Compensation for mental, emotional, and physical suffering.

Contact a personal injury law firm to see if you are eligible to file a personal injury lawsuit.

Maryland Lt. Gov. Slightly Injured In Crash, Latimes.com, August 8, 2006
Steele Treated, Released After Car Accident, wjz.com, August 9, 2006

Related Web Resources:
What To Do After A Car Accident, Edmunds.com
Car Accident Questions Answered Here, Accidentzone.com

The family of a Brooklyn man who was shot and killed by a police officer in Baltimore earlier this month say that they plan to file a wrongful death suit.

Ernest Oliver, 39, was shot in the 600 block of Roundview Road in Cherry Hill on August 5 after he allegedly fled the scene of a suspected drug deal. Oliver was shot multiple times by Police Officer David Diener. Police say that Diener saw Oliver reach for his pockets and thought that his life was in danger. Oliver was pronounced dead after he was taken to the Maryland Shock Trauma Center. Drugs, but no weapon, were found on him. Police are continuing to search for a weapon in the area where he was apprehended.

Oliver’s relatives say that police used excessive force to apprehend him. He leaves behind four children and a fiancé. Oliver had been arrested previously on drug charges, robbery charges, possession of a deadly weapon, and battery.

A wrongful death is a claim against a person who can be held liable for someone’s death.

Conditions for Filing a Wrongful Death Claim:
- The death must have been (at least) partially caused by the defendant’s conduct even if the death was accidental.
- The defendant can be found negligent or liable for the person’s death.
- The surviving family members of the deceased have been affected emotionally or financially because of the victim's death.

A wrongful death claim allows family members to seek compensation for the loss of the love, comfort, companionship, and financial support of the individual who died.

Damages in a wrongful death claim include the survivor's loss of love and affection because of the unexpected death, loss of financial support that the deceased family member would have provided through future earnings and benefits, and any funeral and burial expenses caused by the family member's death. A personal injury attorney can help you file a wrongful death claim. For a free consultation, call the personal injury lawfirm of Lebowitz and Mzhen.

Family Protests Police Shooting, Baltimoresun.com, August 6, 2006

Wrongful Death Claim, Wikipedia.com

Related Web Resources:
Summary of State Wrongful Death and Intestacy Statutes for Maryland (pdf)

A 28-year-old La Plata woman was arrested on August 1, 2006, for driving while intoxicated, driving while impaired, negligent driving, fleeing and eluding, hit and run, and failure to drive on right side of the road.

Sabrina Rae Cutlip was apprehended by police who followed her after she became involved in a hit and run accident in the parking lot of the CVS Pharmacy on Crain Highway in La Plata.

A hit and run incident is a failure by a driver involved in an vehicle-related accident to stop and remain at the scene of the accident.

According to police, a few of the reasons why drivers hit and run:

- Driving while impaired
- Driving without a license
- Driving a stolen vehicle
- Panic
- Fear of going to prison

If you are involved in a car accident, here are the following tips:

- Stop at the accident scene.
- Try to park away from ongoing traffic.
- Check to see if anyone is injured.
- If someone needs medical attention, call 911
- Let oncoming traffic know that there has been an accident by turning on your hazard lights.
- Call the police to report the accident.
- Exchange information- name, driver’s license information, vehicle information, contact information, and insurance information with the other party
- Note down the names of witnesses
- Do not admit fault. Allow your claims representative and the police to handle this matter.

If you or someone you love has been injured in a hit and run accident, you should obtain the advice of a personal injury lawyer to see if you can file a personal injury lawsuit. Please contact Jack Lebowitz or Vadim Mzhen, by e-mail or toll-free at 1-888-311-HURT (4878) for a free, no obligation consultation.

28-Year-Old La Plata Woman Arrested After Rampage In Her Car, Southern Maryland Online.com, August 3, 2006.

Why Are Hit-Run Drivers Fleeing? Orlando Sentinel.com, August 5, 2006

Why Drivers Hit And Run, Deadly Roads.com

What Should You Do If You Have A Car Accident, Progressive.com

Related Web Resources:
National Highway Traffic Safety Administration

Auto Accident, The State Bar of California

Interrogatories are written questions sent to the opposing party in a personal injury lawsuit. Like a deposition, an interrogatory gives each side the opportunity to pose questions to the opposing party. Although the party who is served the interrogatory does not have to appear in court to respond, they are required to respond to the questions in writing as if they were under oath and under penalty of perjury.

In the state of Maryland, each party in a personal injury lawsuit can serve up to thirty interrogatories to the opposing side.

Below is a sample of an interrogatory that we, the personal injury law firm of Lebowitz and Mzhen, filed in the Circuit Court for Baltimore County on behalf of our client, the plaintiff, who fell down a stairwell while staying at a nursing home facility. We have redacted the names of those involved for purposes of confidentiality.

Download The Interrogatories Form Filed In A Nursing Home Negligence Case.

According to Nursinghomecare.com:

-Over 1.6 million Americans receive nursing home care.
-30 % of all nursing home care facilities commit an act of medical malpractice against their patients each year.

Nursing homes are required to care for each patient in a way that takes into account their individual needs. Each patient’s care program must include a plan that makes sure that the following injuries are prevented:

-Bedsores
-Dehydration
-Malnutrition
-Slip and fall-related injuries
-Injuries caused by unnecessary physical or chemical restraint

Each year, thousands of senior citizens are abused, neglected, and exploited in nursing homes and other elder care facilities.

If you are a concerned relative or friend of an elderly person that you believe is suffering from nursing home abuse or nursing home negligence in the State of Maryland or the Washington, D.C. area, we'd like to hear from you. Please contact Jack Lebowitz or Vadim Mzhen by e-mail or toll free at 1-888-311-HURT (4878) to set up a FREE, no obligation consultation.

Related Web Resource:
Nursinghomecare.com

In Frederick, Maryland, a 12-year-old boy died on Sunday after his bicycle crashed into a moving car. Thomas Cline was riding his bike near the intersection of old Middletown Road and Route 180 when he crashed into the front passenger side of a car being driven by a 16-year-old Middletown girl. Cline was taken to Frederick Memorial Hospital where he was pronounced dead. Police are investigating the accident.

The Insurance Institute For Highway Safety Offers The Following Statistics Related To Bicycle Fatalities That Took Place From 1975-2002:

- 660 bicyclists were killed in crashes with motor vehicles in 2002. This is 9 percent fewer than in 2001 and down 34 percent since 1975.

- Bicycle deaths are most likely to occur in summer. Deaths are most likely to occur on Fridays and Saturdays. The peak time is 3-9 pm.

- Ninety-eight percent of bicyclists killed in 1999 reportedly weren't wearing helmets.

- Deaths of older bicyclists are an increasing problem. Seventy-one percent of 1999 bicycle deaths were riders 16 years and older. This compares with 32 percent of bicycle deaths in 1975.

- Four states (California, Florida, New York, and Texas) accounted for 43 percent of bicycle deaths in 1999.

- More bicyclists were killed in urban areas than in rural areas (64 percent compared with 36 percent) in 1999.

- Thirty-five percent of bicycle deaths in 1999 occurred at intersections.

- Fifty-seven percent of bicycle deaths in 1999 occurred on major roads, and 37 percent occurred on local roads.

- Fifty-nine percent of bicycle deaths among children younger than 13, and 27 percent of adult bicycle deaths occur on minor roads.

- Adult bicyclists are more likely than children to be killed on major roads (67 percent compared with 38 percent).

You may be eligible to file a personal injury lawsuit if you have been injured in a vehicle-related bicycle accident or someone you love has been killed in a vehicle-related bicycle accident. Contact the personal injury lawfirm of Lebowitz and Mzhen for a free consultation.

Bike Accident Kills Frederick Boy, NBC25.com, July 31, 2006
Bicicyle Crash Statistics

Related Web Resources:
Institute For Traffic Safety Analysis
Bicyclinginfo.org

The parents of Connor Freed, a 5-year-old Davidsonville boy who drowned at the Crofton Country Club, are suing the club and DRD Pool Service, Inc, the Hunt Valley-based company that trains the club's pool staff, for $20 million. The wrongful death lawsuit claims that there was not enough properly trained staff at the pool when their son drowned on June 22.

The complaint says that there was only one lifeguard at the pool that day and that this person allegedly froze when an unidentified woman pointed out that a boy was floating facedown in the water. After the boy was pulled out of the water, two different lifeguards are said to have improperly performed CPR on him. They also neglected to use the club’s defibrillator to revive him. During a 911-recorded phone call, a lifeguard can be heard telling the 911 operator that they are not allowed to use the club's electronic device.

Freed was taken to Anne Arundel County Hospital where he was pronounced dead. The lawsuit, filed in Anne Arundel County Circuit Court, alleges gross negligence and claims that the boy would not have died if there had been enough properly trained people at the pool that day.

A wrongful death claim allows family members to seek compensation for the loss of love, comfort, companionship, and financial support of the individual who died. Damages in a wrongful death claim include the survivor's loss of love, society, affection, and financial support through future earnings and benefits, medical, funeral, and burial expenses of the family member who has died. A personal injury attorney can assist you with making a claim.

Approximately 3,000 people die from drowning each year. Drowning is the second major cause of injury-related deaths for children under 14 years of age.

Tips For Child Safety Near Water (provided by the National Safety Council):
- Never leave a child alone near water: on the beach, at a pool, or in the bathtub. If you must leave, take your child with you.
- Kids don’t drown only in pools. They can drown in bathtubs, buckets, toilets, and hot tubs.
- Enroll children over age three in swimming lessons taught by qualified instructors. Remember that lessons don’t make your child "drown-proof."
- Always follow posted safety precautions when visiting public water areas.
- If you’re visiting a public pool, keep an eye on your kids. Lifeguards aren’t babysitters.
- Teach your children these four key swimming rules:
- Always swim with a buddy.
- Don't dive into unknown bodies of water. Jump feet first to avoid hitting your head on a shallow bottom.
- Don't push or jump on others.
- Be prepared for an emergency.
- Always use approved personal flotation devices (life jackets).
- Don’t underestimate the power of water. Even rivers and lakes can have undertows.
- Always have a first-aid kit and emergency phone contacts handy. Parents should be trained in CPR (cardiopulmonary resuscitation).

Family Sues Country Club Over 5-Year-Old's Drowning, HometownAnnapolis.com, July 21, 2006
Parents Sue Over Child's Drowning At Country Club, Baltimoresun.com, July 21, 2006
Water Safety, NSC.org
Safety Facts, RelaxandSwim.com

Related Web Resources:
Administering CPR To A Child, Women's HealthAETNA.com