Maryland Accident Law Blog

An Ocean City pedestrian has filed a personal injury lawsuit against the pizza delivery driver who was operating the truck that hit him, the pizza delivery company, and the state of Maryland.

In 2003, Kevin Houck was crossing the Coastal Highway with friends near 93rd street when Houck and a woman were hit by a delivery truck. Andrew Caldwell, the driver of the pizza delivery truck ,who was employed by Domino's Pizza at the time, is named as one of the defendants in the lawsuit. Houck is seeking $1 million in damages from Caldwell for allegedly negligent driving. Houck is also asking the pizza delivery company for $1 million. In addition, Houck is suing the state of Maryland, The State Highway Administration (SHA), and the Department of Transportation for $1 million because of the allegedly faulty design of a median located in an area of the highway where it is allegedly not safe for pedestrians to cross the road.

The State Highway Administration (SHA) offers the following Pedestrian Statistics from 2003:

· 4,749 pedestrians were killed in the United States.
· 119 pedestrians were killed in Maryland.
· 70,000 pedestrians sustained injuries due to a motor vehicle-related incident.
· In Maryland, the costs associated pedestrian traffic crashes exceeded $759 million.

Profile of a pedestrian traffic crash in Maryland - 2003

Who:
· Men are over represented in pedestrian traffic crashes. (60 %)
· The age groups with the highest number of pedestrian traffic crashes were the 21-34 year olds (599 crashes – 47.4 % of total crashes).

Where:
· Baltimore City was over represented in pedestrian traffic crashes. The City comprises less than 7 % of the state’s vehicle miles traveled, yet accounts for 32.9 % of the state’s pedestrian crashes.
· Prince George’s, Montgomery, and Baltimore counties had the next highest number of crashes (490, 449, 426 respectively).
· The majority of pedestrian traffic crashes occur within the City and on county roads.

When:
· The highest number of pedestrian traffic crashes occurred in October (312).
· Pedestrian crashes are highest on Fridays (566), but almost as likely to occur on a Wednesday or Thursday (481 each)
· The highest percentage of pedestrian traffic crashes occurs between 12:00 PM to 9:00 PM.

If you or someone you love has been injured while on the street as a pedestrian due to the negligence of a driver or someone else, contact the personal injury lawsuit of Lebowitz and Mzhen for a free consultation.

SHA Sued For Coastal Highway Median Design, mdcoastdispatch.com, August 31, 2006

Pedestrian Safety, Maryland State Highway Administration

Related Web Resources:

Maryland Department of Transportation

Adult Pedestrians, Loyola University Health System

Maryland women are among the 500 claimants who have filed personal injury lawsuits related to injuries and deaths that were caused by using the Ortho Evra birth control patch. According to legal analysts, however, thousands of women around the world have suffered heart attacks, strokes, and blood clots as a result of using the patch but do not know that the patch was the reason. Many families are believed to have lost loved ones for the same reason.

The FDA announced last week that it had updated the label on the Ortho Evra birth control patch to include the results from one study that reported that women who used the patch were twice as likely to sustain a blood clot than women using the pill. Another test indicated that there was no difference in risk factors between women using both kinds of birth control.

The FDA offers the following Patient Information Sheet for women using Ortho Evra:

Norlegstromin/ethinyl estradiol (marketed as Ortho Evra):

What is Ortho Evra used for?
Ortho Evra is a contraceptive (birth control) skin patch used to prevent pregnancy. It is called a combination hormonal contraceptive because it contains two hormones, estrogen, and progestin. It does not protect against HIV infection (AIDS) and other sexually transmitted diseases.

Who should not take Ortho Evra?
Cigarette smoking increases the risk of serious adverse effects on the heart and blood vessels from the use of hormonal birth control methods. This risk increases with age and with heavy smoking (15 or more cigarettes per day) and is quite marked in women over 35 years of age. Women who use hormonal birth control methods should not smoke.

Ortho Evra should not be used by women who have a history of:
· Heart attack or stroke.
· Blood clots in the legs, lungs (pulmonary embolism), or eyes.
· Blood clots in the deep veins of the legs.
· Chest pain.
· Known or suspected breast cancer or cancer of the lining of the uterus, cervix, or vagina.
· Current unexplained vaginal bleeding.
· Yellowing of the whites of the eyes or of the skin (jaundice) during pregnancy or during previous use of hormonal contraceptives.
· Liver tumor (benign or cancerous).
· Current or suspected pregnancy.
· Severe high blood pressure.
· Diabetes with complications of the kidneys, eyes, nerves, or blood vessels,
· An allergy to Ortho Evra or to any of its ingredients.

General Precautions with Ortho Evra:
For the majority of women, Ortho Evra can be used safely. But some women are at high risk of developing certain serious diseases that can be life threatening or may cause temporary or permanent disability or death. The risks associated with using Ortho Evra increase significantly if you:
· Smoke.
· Have high blood pressure, diabetes, or high cholesterol.
· Have or have had clotting disorders, heart attack, stroke, chest pain (angina pectoris), and cancer of the breast or reproductive organs, jaundice, or malignant or benign liver tumors.
Ortho Evra may be less effective in preventing pregnancy in women weighing more than 198 pounds.

More than 4 million women are believed to have used the Ortho Evra birth control patch since it went on sale in 2002.

If you believe that you or someone you love has been injured, or you have a family member whom you believe has died due to Ortho Evra birth control patch, you may be able to file a personal injury lawsuit and seek compensation for your pain, suffering, and loss.

Contact the personal injury law firm of Lebowitz and Mzhen for more information.

500 Ortho Evra Patch Victims Sue Johnson & Johnson, Media Monitors Network.com, September 21, 2006

Warning Added To Birth Control Patch, Chron.com, September 23, 2006.

U.S. FDA Approved Labeling For The Ortho Evra Birth Control Patch 09-20-06 (pdf)

Related Web Resources:

U.S. Food and Drug Administration

Johnson & Johnson

Ortho Evra

The National Transportation Safety Board is reporting that there was an increase in transportation-related fatalities in 2005.

According to preliminary figures released by the NTSB this week, from 2004-2005:

· Deaths from transportation-related accidents went up from 45,092 to 45,636.

· Highway transportation-related fatalities rose from 42,836 to 43,443.

· Motorcycle fatalities increased from 4,028 to 4,553.

· Recreational boating deaths increased from 676 to 697.

· A drop did occur in passenger car fatalities from 19,192 to 18,440.

The family of a person who has been killed in a transportation-related accident may be able to claim personal injury and file a lawsuit. Injured parties may even be able to claim punitive damages. Punitive damages are meant to punish the person responsible for the injury.

A person who has been injured in a transportation-related accident due to the negligence of another person may also be able to file a personal injury lawsuit.

Some injuries that can occur during transportation-related accidents:

· Burns
· Head traumas
· Nerve damage
· Spinal cord paralysis
· Limb amputation
· Broken or dislocated bones

A few traffic safety laws that have been established in the state of Maryland (Maryland State Highway Administration):

· Stay alert and give driving your full attention.

· Show courtesy to other drivers, pedestrians, and cyclists.

· Comply with traffic laws, and heed all traffic signs, signals, and markings.

· Avoid driving aggressively.

Also according to the Maryland State Highway Administration website, Maryland has adopted a number of important traffic safety laws to ensure the safety of our citizens and visitors:

· Every child under 6 years old, regardless of weight, and every child weighing 40 pounds or less, regardless of age, must be secured in a U.S. DOT-approved child safety seat.

· Children and young people up to 16 years of age must be secured in seat belts or child safety seats, regardless of their seating positions. It is strongly recommended that all children ride secured in the rear seat.

· Drivers and front seat passengers, regardless of their ages, are required to wear seat belts. It is strongly recommended that all occupants wear seat belts.

· Motorcycle operators and passengers are required to wear U.S. DOT approved helmets. Operators must wear eye protection as well.

· Maryland law strictly forbids driving while impaired by alcohol or other drugs. The alcohol concentration for DUI is set at .07, one of the lowest in the nation.

· Vehicles must stop for school buses when the buses' red flashers are on (except when the buses are on the opposite side of a highway divided by a barrier or median strip).

· After stopping and yielding to pedestrians and other vehicles, a right turn or left turn from a one-way street to another one-way street may be made on a red signal-except where prohibited by a sign.

If you would like to file a personal injury lawsuit for a transportation-related accident that occured in Maryland or Washington D.C., contact the law firm of Lebowitz and Mzhen for more information or a free consultation.

Safety Board Reports Transportation Fatalities Up In 2005, Insurancejournal.com, September 18, 2006

Traffic Safety Laws, Maryland's State Highway Administration

Related Web Resources:
National Transportation Safety Board

Maryland Department of Transportation

Over 100,000 attended the Sixth Annual Delmarva Biker week that took place from September 14-17. The number of attendees from last year was slightly down due to bad weather.

The following motorcycle accidents took place over the weekend in Ocean City:

· Jason Bowen, 24, of Harrington suffered serious injuries while performing tricks on his bike on Friday, September 15, near 85th Street. He was flung into the air and traveled 82 feet before hitting a median.

· Motorcyclist Tracy Rumor, 48, of Marshall, Virginia, hit OCPD Cpl. Ronnie Townsend’s K-9 unit vehicle on 65th Street. Rumor and Townsend were injured, treated at Atlantic General Hospital, and released.

· 19 people were arrested for DWI .

· 4 people were arrested for drug violations.

The National Highway Traffic Safety Administration says that there were 42,815 motorcycle-related deaths in 2002.

Examples of severe motorcycle injuries that occur:

Spinal Cord Injuries
Burns
Head trauma
Brain injuries

Some Tips For Preventing Motorcycle Accidents:

• Do not drive under the influence.

• Use helmets approved by the DOT (Department of Transportation).

• Make sure your bike is in working condition.

• Do not share a lane with another vehicle.

• Wear protective and brightly colored clothing.

If you or someone you love has been injured in a motorcycle accident due to the negligence of another person, you may be able to file a personal injury lawsuit. Call the law office of Lebowitz and Mzhen for a free consultation.

Bike Week Rides Out Rain, Delmarvanow.com, September 19, 2006

Bikers Involved In Two Weekend Crashes, Delmarvanow.com, September 17, 2006

National Highway Traffic Safety Administration

Tips In Preventing Motorcycle Injuries, Carjunky.com

Related Web Resources:

Delmarva Bike Week

Motorcycle Events In Maryland

Maryland Motorcycle Laws

Maryland Department of Natural Resources Police say that a 16-year-old Elkton boy was critically injured last week after the tube that he was being towed in hit the floating pier at 55 Knollwood Road on the Elk River. Susan Archibald was operating the personal watercraft (PWC) that was towing the tube on Tuesday, September 12. The teenager was taken to Maryland Trauma Shock Center where he was treated for injuries. The NRP are investigating the incident and deciding whether to press charges.

According to the Marshfield Clinic Research Foundation’s website:

· 12,290 people were treated in emergency rooms due to PWC-related injuries.

· 22% of people who sustained PWC-related injuries in the US in 1997 were minors.

Common Types of PWC-related nonfatal injuries: head injuries, leg injuries, and lower trunk injuries.

Boatersworld.com offers the following safety tips for anyone who plans to go tubing:

· Read the tube’s warning indicators: know the maximum weight it can carry, how many riders it can hold, and how fast it can go.

· Know how to ride the tube correctly.

· Wear a Coast Guard-approved personal flotation device (PFD).

· Make sure the tube is securely tied to the boat.

· Make sure the driver of the boat knows how to safely tow the tube.

As a general rule of law a boat operator and its owner must exercise the highest degree of care to prevent injuries to those passengers in the boat or swimmers or others in the waters or boats around them. If you have suffered an injury or lost a loved one due to a boating accident, please contact the personal injury law firm of Lebowitz and Mzhen by e-mail or call toll-free at 1-888-311-HURT (4878) for a free, no obligation consultation.

Tube Hits Pier, Boat Critically Hurt, Delaware Online.com, September 13, 2006

Maryland Natural Resources Police Respond To A Tubing Accident, Maryland Dept. Of Natural Resources

Tubing Tips, Boatersworld.com

Personal Watercraft: Factsheet, Marshfield Clinic

Related Web Resources:

Tubing And Rafting Safety, American Red Cross

Maryland Boating Safety Program

Last Thursday, hundreds of Maryland motorcycle riders paid tribute to fellow cyclist Marty Schultz who died in a motorcycle accident on August 30.

Schultz was the director A Brotherhood Against Totalitarian Enactments (ABATE) of Maryland, the largest organization in the state that advocates motorcyclists’ rights. ABATE of Maryland believes that motorcyclists have the right to decide whether or not to wear a helmet.

Schultz was wearing a helmet at the time of the accident. His fellow ABATE of Maryland members say failure to yield the right of way by the other driver was what caused his death.

The Advocates For Highway and Auto Safety say that-according to the National Highway Traffic Safety Administration:

· Motorcycles make up less than 2% of all registered vehicles and only 0.4% of all vehicle miles traveled, but motorcyclists account for over 9% of total traffic fatalities. (NHTSA, 2005)
· Fatalities among motorcycle riders have increased by more than 89% since 1997. (NHTSA, 2005)
· In 2004, 66% of fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws, compared with only 15% in states with all-rider helmet laws. (NHTSA, 2005)
· Per vehicle miles traveled, motorcyclists are about 21 times as likely as passenger car occupants to die in a traffic crash and four times as likely to be injured. (NHTSA, 2001)
· In 2003, 36 percent of all motorcyclists involved in fatal crashes were speeding, approximately twice the rate for drivers of passenger cars or light trucks. The percentage of alcohol involvement was 40 percent higher for motorcyclists than for drivers of passenger vehicles. (NHTSA, 2003)
· Motorcyclist fatalities are rising fastest among motorcycle riders over age 40. In 2003 alone, fatalities increased by 16%. (NHTSA, 2003)
· Helmets reduce the risk of death by 29% and are 67% effective in preventing brain injuries to motorcycle riders. (NHTSA, 2001)

If you or someone you love has been injured in a motorcycle accident due to the negligence of another motorist in Maryland or Washington D.C., you should consult a personal injury attorney to see if you should file a claim. Contact the law firm of Lebowitz and Mzhen for more information.

Local Motorcyclists Mourn Loss Of One Of Their Own, wmdt.com, September 8, 2006

ABATE of Maryland

Motorcycle Fact Sheet, Safety.org

Related Web Resources:

Motorcycle Safety Foundation

National Highway Traffic Safety Administration

American Motorcyclist Association, State Motorcycle Laws

Officer Robert T. Krauss, the Maryland Transportation Authority Police motorcycle officer who was injured when he was hit by a van in Baltimore while escorting a funeral possession on December 21, 2005, was given a hero’s burial last week after he passed away on September 1.

Krauss had been undergoing one of several surgeries for his injuries when he died at the Maryland Shock Trauma Center. Rodney Austin, the driver of the van that hit Krauss, has already been convicted for driving under the influence and was sentenced to time in prison. More charges may be pending now that Krauss is dead.

On the Loyola University Health System website, according to the National Highway Traffic Safety Administration:

· The 15,935 fatalities in alcohol-related crashes in 1998 represent, on average, one alcohol-related crash fatality every 33 minutes. (NHTSA, 1999)
· More than 305,000 people were injured in 1998 in crashes in which police reported the presence of alcohol. (NHTSA, 1999)
· Approximately three out of every ten adults will be involved in an alcohol-related traffic crash at some time in their lives. (NHTSA, 1999)
· Alcohol-related crashes cost society more than $45 billion a year. Just one alcohol-related crash is estimated to cost approximately $950,000. (NHTSA, 1997)

The Loyola University Health System website also says that:
· Alcohol was involved in 17,461 (44 Percent) of the 40,115 traffic crashes that occurred in 1993.
· In 1990, 1.2 million people were injured in crashes involving alcohol. This is 22 percent of all motor vehicle crash victims.
· A total of 394,000 (7 Percent) of all police-reported crashes of all severities in 1992 were alcohol related.
· Alcohol was reported as a factor in 5 percent of all property-damage crashes.
· These alcohol-related crashes, injuries, and fatalities cost society at least $46 billion in lost productivity, medical costs, property damage, and other direct expenditures. Over $5 billion of these costs were for health care.
· Alcohol-related fatalities in 1992 alone resulted in over 600,000 years of potential life lost before age 65 for the victims.

If you or someone you know has been seriously injured in a motorcycle accident because of a drunk driver, contact the personal injury law firm of Lebowitz and Mzhen to find out if you should file a personal injury lawsuit.

Officer Dies 8 Months After Accident, baltimoresun.com, September 3, 2006

Funeral Held For Transportation Authority Officer, wjz.com, September 7, 2006

Transportation, Loyola University Health System

Related Web Resources:

Maryland Shock Trauma Center

National Commission Against Drunk Driving

Motorcycle Accident News

A few of the 10 school children who were injured after being hit by a white Ford van while waiting for their school bus at a bus stop in front of Forest Park Apartments on Piney Branch Road in Silver Spring are still being treated for their injuries.

Montgomery County police say the accident took place on the morning of Friday, September 1, when Sebastian Vasquez, the driver of the van, lost control of his vehicle and hit a curb, a fire hydrant, and the middle school students.

The students were taken to Washington Adventist Hospital in Takoma Park and Children’s Hospital in Washington D.C. Police are still investigating the cause of the accident, and it is not known whether Vasquez will be charged with committing any crime.

In 1999, according to the CDC:

· Almost 5,000 pedestrians died in traffic-related accidents.
· About 85,000 pedestrians were injured.
· 30% of the pedestrians killed (14 years of age and older) were killed by a drunk driver.
· 1 out of 5 pedestrian deaths were caused by hit-and-run accidents.
· Children (15 years of age and younger) accounted for 32% of nonfatal pedestrian injuries and 12% of pedestrian fatalities.

If you or someone you know has been injured while walking, running, or standing on a street or sidewalk due to the negligence of a driver, you may be able to file a personal injury lawsuit. An experienced personal injury lawfirm can assist you and give you the proper advice regarding your pedestrian accident-related injury.

Montgomery Company Police: Van Accident Investigation Ongoing, wtop.com, September 8, 2006

Van Slams Into Middle School Bus Stop, Injuring Children, Gazette.net, September 6, 2006

Pedestrian Injuries, CDC

Related Web Resources:

Pedestrian Safety Laws, About.com

Pedestrian Safety, NSC.org

A 9-year-old boy and his mother have filed personal injury lawsuits against the Yellowbird Bus Company and the Cowan Truck Company after the school bus he was riding in collided with a tractor-trailer on I-95 in Aberdeen, Maryland on July 5. The bus had been returning from a field trip to the Baltimore Aquarium.

Manny Basco, who suffered a concussion, is one of just dozens of Kensington, Pennsylvania students attending the Norris Square Day Camp who were injured in the crash. At least 21 other people have filed lawsuits against the bus and truck companies.

According to Basco’s mother, Ruth, the boy is now too traumatized to ride a bus again.

The Federal Motor Carrier Safety Administration offers the following statistics related to

1) Bus accidents that took place in the state of Maryland in 2004:

· 231 buses were involved in fatal and nonfatal accidents.
· 9 accidents involved fatalities.
· 181 accidents involved injuries.
· 41 accidents required towaways.
· There were 11 deaths total.
· 293 people were injured.

2) Truck accidents that took place in Maryland in 2004:

· 1,576 trucks were involved in fatal and nonfatal accidents.
· 83 accidents involved fatalities.
· 921 accidents involved injuries.
· 579 accidents required towaways.
· There were 83 deaths total.
· 1310 people were injured.

According to news reports, the driver of the bus was 18 years of age, and therefore legally too young to drive a bus across state lines.

A person who has been injured in a bus or truck accident may be eligible to file a personal injury lawsuit. A minor who has been injured in a bus or truck accident and their parents may also be able to file personal injury lawsuits.

The personal injury law firm of Lebowitz and Mzhen can assist you in handling truck and bus accident injury cases. They are also experienced at handling injury cases involving minors . Contact them for a free consultation.

Lawsuits Filed In Serious School Bus Accident, kyw.com, August 21, 2006

Driver In Bus Crash Underage, 6ABC.com, July 6, 2006

Crash Statistics

Related Web Resourcess:

Federal Motor Carrier Safety Administration

American Bus Association

In Maryland yesterday, diving teams recovered the body of a man who had been killed while participating in a boat race on September 3.

Maryland Natural Resources Police say Paul Henry Sohn had been racing his boat the Jumpin’ Jack Flash in the yearly Ragin’ On the River Powerboat Race on Sunday, when the boat split in half after bouncing off another boat’s wake and launching into the air. His body, recovered at the bottom of the Susquehanna River, was still strapped to the boat. Sohn’s son, 15-year-old Timothy John Sohn, who had also been on the boat at the time of the accident, was able to escape uninjured.

Volunteer dive teams from Hartford, Cecil, and Baltimore counties joined DNR dive teams and emergency crews from the powerboat association to look for Sohn.

According to the U.S. Coast Guard, some causes for boating accidents are:

· Operator inattention.
· Faulty equipment.
· Environmental factors.
· Excessive speed.
· Alcohol and drugs.
· Not wearing a life jacket.
· Passenger behavior.

The following boating-related statistics can be found on the Allstate.com website.

Total accidents:

· Open motorboats represent 39% of all reported vessels involved in a boating accident each year, and 47% of those accidents are collisions.
· Personal watercraft (PWCs) represent 30% of all reported vessels involved in a boating accident each year, and 77% of those accidents are collisions. Some PWC collisions involve swimmers and skiers.

Injuries:

· 45% of all boating injuries take place on open motorboats.
· 36% of all boating injuries take place on PWCs.
· Lacerations, broken bones, contusions, and head injuries are the most common injuries on these types of vessels.

Fatalities:

· 51% of fatalities take place on open motorboats, and 54% of those fatalities are drownings.
· 10% of boating fatalities take place on PWCs, and 5% of those fatalities are drownings.

Personal flotation device (PFD) usage:

· PWC users are doing well in terms of reported PFD usage at 91%. Contrast this with open motorboat usage of PFDs reported to be only 20%.
· Since PWC users are required by law to wear a PFD, this may explain why they have a better PFD user rate than motorboat operators. This may also account for the smaller percentage of PWC users who drown: 5% for PWCs compared with a 54% for open motorboats.

Motorboat and PWC risks:

· At 51%, motorboat users have a higher fatality rate than any other vessel on the water.
At 77%, PWC users have a higher collision rate than any other vessel on the water.

If you've have suffered an injury or lost a loved one to a boating accident, 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. They are experienced personal injury attorneys who can assist you.

Divers Find Body Of Man Killed In Boat Race Crash, ABC2news.com, September 6, 2006

River Is Searched For Racer, Baltimoresun.com, September 5, 2006

Boat Insurance, Allstate.com

Related Web Resources:

Maryland Department Of Natural Resources

United States Coast Guard

Boating Safety Institute Of America

Maryland State Police are cracking down on drunk drivers on the road. The effort is part of a nationwide initiative that will increase the number of blanket patrols and sobriety checkpoints.

The National Highway Safety Administration is also spearheading an $11 million national ad campaign called “Drunk Driving. Over The Limit. Under Arrest” that will air on radio and television.

The NHTSA says:

· In 2005, 16,885 people died in alcohol-related traffic accidents.
· In Maryland, in 2004, 286 of the 643 traffic fatalities were alcohol-related.

According to the National Commission Against Drunk Driving:

· 46 people die in alcohol-related motor vehicle accidents daily.
· DUI-related deaths account for 40% of all traffic crashes.
· 30% of all Americans stand the chance of being involved in an alcohol-related car accident during their lifetime.
· Every year, US police arrest approximately 1.5 million people for driving under the influence.
· The total economic cost for drunk driving accidents each year is $50 billion.
· Almost 80% of people involved were not wearing seatbelts at the time their traffic-related accident took place.

If you or someone you know has been injured in an alcohol-related traffic accident, you may be able to file a personal injury lawsuit. A personal injury claim can arise when someone is injured by someone else’s actions. If the person who caused the injury is determined to be legally responsible for the injury, they may be made to pay the injured person compensatory damages.

A personal injury lawyer can help you make your claim. Contact Lebowitz and Mzhen for more information.

Police Target Drunk Drivers In End-of-Summer Push, Gazette.net, August 23, 2006

16,885 Died In Alcohol Related Traffic Crashes Last Year, Reliableplant.com

Drunk Driving Facts, National Commission Against Drunk Driving (pdf)

Crash Statistics, National Highway Transportation Safety Administration

Related Web Resources:
National Commission Against Drunk Driving

NHTSA & Partners Announce Tough New Approach to Drunk
Driving, MADD Online (Mothers Against Drunk Driving)

National Highway Traffic Safety Administration