Maryland Accident Law Blog

The family of retired New York Times journalist David Rosenbaum is suing Howard University Hospital and Washington D.C. for errors D.C. police and hospital workers made in their care of Rosenbaum after he was robbed and severely beaten in a Northwest neighborhood in January 2005. The wrongful death case also alleges that there were delayed ambulance response, further delays at the hospital, and misdiagnosis.

The lawsuit says that rescuers mistakenly diagnosed Rosenbaum as being drunk when they found him. Rosenbaum was classified as a low priority and an emergency room doctor didn’t see him until 90 minutes after he was attacked. Just last month, Percey Jordan, 42 was convicted of of second- and first-degree murder, robbery, conspiracy to commit robbery, and five counts of credit card fraud in the death of Rosenbaum, 63. Jordan’s cousin, Michael Hamlin, pleaded guilty to second-degree murder.

A wrongful death case may be filed when a person dies due to the wrongful or negligent conduct of another person or persons. Medical malpractice can also be a reason for filing a wrongful death lawsuit.

Medical malpractice requires evidence that the defendant was negligent or failed to perform their duties in the care of a patient. Medical malpractice in a wrongful death suit can involve delayed diagnosis, misdiagnosis, medical errors, surgical errors, or improper treatment resulting in someone’s death.

Before you can file a wrongful death case, you must be able to:
§ Establish that the victim was indeed killed through negligence.
§ Provide evidence that could justify initiating a wrongful death case.
§ Find the perpetrator. Of course, in many cases, this will be straightforward, but in some cases it might not be obvious as to who is responsible.

You must then find a wrongful death attorney to take up your case. It is important that you hire an attorney who is experienced at handling wrongful death cases and knows the wrongful death statutes of your state. A personal injury attorney can advise you regarding whether it makes sense to file a wrongful death case.

Damages in a wrongful death claim include the survivor's loss of the love, society, affection, and financial support through future earnings and benefits, medical, funeral and burial expenses of the family member who has died.

The personal injury law firm of Lebowitz and Mzhen handles wrongful death and other personal injury-related cases that result due to someone else’s negligence. If you live in Maryland or Washington D.C., contact Lebowitz and Mzhen for a free consultation.

Journalist's Family Files Wrongful Death Lawsuit, NBC4.com, November 20, 2006

Suspect Convicted In Rosenbaum Trial, NBC4.com, October 24, 2006

How To File A Wrongful Death Case, Howtoall.com

Related Web Resource:

Personal Injury, Nolo.com

CNN and Headline News TV Host Nancy Grace are being sued by the parents of a woman who committed suicide after Grace interviewed her on her television show. Beth and Jerry Eubank say that Grace’s interview of Melinda Duckett regarding the disappearance of Duckett’s son, Trenton, caused the 21-year-old mother to commit suicide. The parents filed a wrongful death lawsuit last week.

Duckett had said that Trenton disappeared from his bedroom on the night of August 27, 2006. She remains the primary suspect in his disappearance.

The young mother taped a phone interview for Grace’s show after her son went missing. According to the lawsuit, Grace and her producers deliberately represented the reasons for the interview. According to the Eubank family attorney Jay Paul Derataney, "Within minutes of Melinda's phone interview, it became quite obvious that Nancy's questions weren't about finding Trenton at all, but rather about impliedly accusing Melinda of murdering her beloved son."

Melinda shot herself in her grandparents’ closet just hours before the interview was set to air. Her parents are seeking unspecified damages and funeral expenses.

Continue reading "CNN And TV Host Nancy Grace Are Blamed For Suicide Of Melinda Duckett In Wrongful Death Lawsuit" »

In Maryland, Johns Hopkins Children’s Center is now Baltimore’s regional pediatric burn center. The new designation, assigned by the Maryland Institute For Emergency Medical Services, means that the Children’s Center will take care of burn victims that are 15-years-of age or younger in the city of Baltimore and from the surrounding areas. Adults burn victims will continue to receive care at the Johns Hopkins Bayview Medical Center.

The new arrangement should help provide faster medical care for everyone involved. The Children’s Center offers nnumerous services, such as reconstructive and plastic surgery, pain management, anesthesiology, psychology, nursing, social work, injury prevention, psychiatry, rehabilitation, general surgery,
and infectious diseases.

This year, 80 children have been treated at the Children’s Center for severe burns.

In 2001, According to national burn injury statistics provided by Connecticut Safe Kids, more than 500 children, 14 years of age and under died in residential fires while 40,000 others were injured. Of these:

· 40 children were under 12 months old.
· 226 children were between one and four years of age.
· 153 children were between the ages of five and nine.
· 101 children were 10 to 14 years of age.

In 2001, nearly 4,500 children visited the emergency room due to residential fire injures. Of these:

· 1,555 children were ages 0-4 years.
· 1,135 children were ages 5-9 years.
· 1,765 children were ages 10-14 years.
· It is estimated that flames and burns are responsible for one-fourth of all fire-related deaths and injuries.
· Approximately 75,000 children, ages 14 and under, are treated in hospital emergency rooms for thermal burn-related injuries, including flames and contact burns. Children, ages 14 and under account for nearly half of all emergency room treated thermal burns.
· Nearly 31,500 children are treated in hospital emergency rooms for scald burn-related injuries each year. Children ages 4 and under account for nearly all of the deaths and the majority of the injuries that result from this type of burn.
· Children ages 4 and under are especially at risk for scald and contact burns and are at the greatest risk for fire-related deaths.

Shriners Hospital For Children describes the kinds of burns a person can sustain and offers advice on how to respond while you are waiting for a medical professional to attend to the child:

1- Thermal burns are caused by contact with an open flame or other source of high heat, including appliances, steam or hot liquids.
· Put out any fire or flame or stop contact with steam, liquid or object.
· Remove hot or burned clothing, if possible.
· Cool injured area with running water within 30 seconds.
· Stop any bleeding.
· Cover burned area with sterile pad or clean sheet.
· Attempt to maintain victims body temperature.
· Seek medical help.

2- Chemical burns are caused by contact with strong acids or bases. Household products such as bleach, concrete mix, and pool chlorinators are among the most common sources of chemical burns.
· Flush affected skin with cool, running water for 20 minutes or more. If the chemical is a powder, brush it off the skin before flushing.
· Seek medical help. Even if the area is washed, the chemical may have penetrated.
· Contact poison control or your local emergency room.

3- Electrical burns occur when strong electrical currents pass through the body. These burns may appear minor, but the damage can extend deep into the tissues beneath the skin.
· Look first and do not touch the victim, as the person may still be in contact with the electrical source.
· Pull the plug or shut off any electrical current.
· Check the victims breathing. If the breathing has stopped or you suspect the airway is blocked, begin CPR.
· Cover affected areas using a sterile gauze bandage or clean cloth. Do not use a blanket or towel as fluffy fibers can be irritating.
· Seek medical help.

For any burn:
· NEVER apply lotions, ointments, or creams to the affected area.
· NEVER use adhesive dressings.
· NEVER break blisters.

The personal injury law firm of Lebowitz and Mzhen handles injury lawsuits that are a result of someone else’s negligence. Among our many areas of expertise, we are experienced at handling cases involving burn injuries and injuries to minors. Contact Lebowitz and Mzhen for a free consultation.

Hopkins Named Regional Burn Center For Children, WJZ.com, October 26, 2006

Burn Injury Fact Sheet, Connecticut Safe Kids

Burn Injuries, Shriners Hospital For Children

Related Web Resources:

Johns Hopkins Children's Center

A 23-year-old Denton man died last week after the service truck he was driving crashed into a Perdue flatbed tractor-trailer loaded with chickens at the intersection of northbound MD 313 and eastbound Line Road last Wednesday morning.

According to Maryland State Police, Lee Albert Asbury III became trapped in his truck after his vehicle struck the left side of the Perdue truck. Roberto Cruz of Preston, Maryland, was a passenger in the service truck. He managed to evacuate the vehicle, as did the driver of the Perdue truck.

Police say a fire started right beneath Asbury’s seat not long after the accident. A FedEx tractor trailer driver and a Pave Master paving truck arrived at the scene to help. Asbury was taken by ambulance to Nanticoke Memorial Hospital where he was later pronounced dead.

Here are the following 2005 statistics for vehicle-related accidents involving large trucks .

· 57 large trucks Involved in fatal crashes.
· 60 fatalities in crashes involving large trucks.
· 1,624 large trucks involved in non-fatal crashes.
· 941 large trucks involved in injury crashes.
· 1,293 injuries in crashes involving large trucks.
· 683 large trucks involved in towaway crashes.

The DMV offers the following suggestions for reducing the chances of becoming involved in a large truck-related accident:

Braking
Large trucks take longer to stop than a car traveling at the same speed. The average passenger vehicle traveling at 55 mph can stop in about 400 feet. However, a large truck traveling at the same speed can take almost 800 feet to stop. Don’t move in front of a large truck and suddenly slow down or stop. The trucker will not be able to stop quickly enough to avoid crashing into you.

Turning
When any vehicle makes a turn, the rear wheels follow a shorter path than the front wheels. The longer the vehicle, the greater the difference. This is why big rig drivers must often swing wide to complete a right turn. When you follow a big rig, look at its turn signals before you start to pass it. If you think the truck is turning left—wait a second and check the turn signals again. The driver may actually be turning right.

Trucker's Blind Spots
Passenger vehicle drivers incorrectly assume that a trucker can see the road better because he or she is higher off the road. While truckers do have a better forward view and bigger mirrors, they still have serious blind spots and your vehicle can get lost in those blind spots. You block the trucker’s ability to take evasive action to avoid a dangerous situation if you stay in those blind spots. Generally speaking, if you can’t see the truck driver in his or her side mirror, he or she can’t see you. These blind spots are often called the “NO ZONE.”

Maneuverability
Trucks are designed to transport products and they are not as maneuverable as passenger vehicles. Large trucks have longer stopping and starting distances. They take more space for turns and they weigh more. On multilane highways and freeways, large trucks usually stay in the center portion of the lane to help the flow of traffic. This also increases the trucker’s options in case he or she must change lanes to avoid a hazard.

Mistakes To Avoid When Driving Around Large Trucks:
· Cutting off a truck in traffic or on the highway to reach an exit or turn. Cutting into the open space in front of a truck is dangerous. Trying to beat a truck through a single lane construction zone, for example, removes the truck driver’s cushion of safety and places you in danger.

· Don’t linger alongside a truck when passing. Always pass a large truck on the left side and after you pass the truck, move ahead of it. Don’t linger, because if you do you make it very difficult, if not impossible, for the trucker to take evasive action if an obstacle appears in the road ahead.

· Following too closely or tailgating. When you follow so closely behind a truck that you cannot see the truck driver’s side view mirrors, the trucker has no way of knowing you are there. Tailgating a truck, or any vehicle, is dangerous because you take away your own cushion of safety.

· Never underestimate the size and speed of an approaching tractor-trailer. A large tractor-trailer often appears to be traveling at a slower speed because of its large size. Many passenger vehicles vs. large truck accidents take place at intersections because the passenger vehicle driver did not realize how close the truck was or how quickly it was traveling.

The personal injury law firm of Lebowitz and Mzhen represents clients in the Maryland and Washington D.C. areas who have been injured due to someone else’s negligence. If you or someone you know has been injured in a truck-related accident due to someone else’s actions, contact Lebowitz and Mzhen for a free consultation.

Denton Man Killed In Wednesday Crash, WBOC.com, November 15, 2006

National Large Truck Crash Facts

Large Trucks and RV's, DMV

Related Web Resource:

Truck Safety Coalition

In Smithsburg, Maryland two children were seriously injured this week in a car accident at the intersection of Smithsburg Leitersburg Road and Rowe Road.

Audrey Marie Partlow, 41, was driving the car that the children, along with another juvenile passenger, were riding in when their vehicle collided with another vehicle, driven by Douglas Allen McCall II, 34.

Partlow, McCall, and the three juveniles, a 5-year-old, a 10-year-old, and an 8-year old were treated at Washington County Hospital.

The National Highway Transportation Safety Board says that vehicle-related accidents are the number one cause of accidental, injury-related deaths, and children who are not wearing a safety belt or seated in a car seat are more likely to become injured or die in a car accident.

According to Safekids.org, if you are with a child who has been injured in an auto accident, it is important to call an ambulance if you notice that:

-The child is or has been unconscious.
- The child has vomited or seems drowsy after an accident.
- The child is having trouble breathing.
- You cannot stop the bleeding from a cut.
- The child is in severe pain.
- The child is bleeding from an ear.

The National Highway Transportation Safety Administration offers the following safety tips for riding in cars with children:

· Everybody needs a child safety seat, booster seat, or safety belt.
· There must be one safety belt for each person. Buckling two people, even children, into one belt could injure both.
· People who are not buckled up can be thrown from the car or around inside the car and seriously hurt themselves or others.
· Never hold a child on your lap. You could crush him/her in a crash, or the child may be torn from your arms.
· Never ride in the cargo area of a station wagon, van, or pickup. Anyone riding in the cargo area could be thrown out and severely injured or killed.
· No one seat is 'best.' The 'best' child safety seat is the one that fits your child and can be installed correctly.
· Children age 12 and under should ride properly restrained in the back.

The law firm of Lebowitz and Mzhen handles personal injury cases in the Maryland and Washington D.C. areas. Among the areas we cover are injuries as a result of car accidents and injuries that occur to minors due to someone else’s negligence. Contact Lebowitz and Mzhen for a free consultation.

Children Injured In Smithsburg Crash, Herald-Mail Online.com

Transportation Safety Tips For Children, National Highway Transportation Safety Administration

Safety Statistics, Kidsread.net

Child Accident Prevention, medic8.com

Related Web Resources:

Staying Safe In The Car and On The Bus, Kidshealth.org

The Facts about Road Accidents and Children

A recent AAA Mid-Atlantic Report says that the number of motorcycle accidents have increased over 70 percent in the last five years and have tripled over the last decade.

The recent increase in motorcycle accidents is due, in part, to the increase in motorcycle riders taking the street. In the last ten years, millions more people have joined the ranks of registered motorcyclists.

The National Highway Traffic Safety Administration offers the following national statistics regarding motorcycle riders:

· In the United States, 4553 motorcyclists were killed in 2005.
· In Maryland, 85 motorcyclists were killed in 2005.

The “Hurt Report” offers a number of motorcycle accident cause factors and identification of countermeasures. Here are some of them. You can view the rest of the information by clicking on the PDF document at the bottom of this blog entry.

1. Approximately three-fourths of these motorcycle accidents involved a collision with another vehicle, which was most often a passenger automobile.

2. Approximately one-fourth of these motorcycle accidents were single vehicle accidents involving the motorcycle colliding with the roadway or some fixed object in the environment.

3. Vehicle failure accounted for less than 3% of these motorcycle accidents, and most of those were single vehicle accidents where control was lost due to a puncture flat.

4. In single vehicle accidents, motorcycle rider error was present as the accident-precipitating factor in about two-thirds of the cases, with the typical error being a slideout and fall due to overbraking or running wide on a curve due to excess speed or under-cornering.

5. Roadway defects (pavement ridges, potholes, etc.) were the accident cause in 2% of the accidents; animal involvement was 1% of the accidents.

6. In multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.

7. The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents. The driver of the other vehicle involved in a collision with the motorcycle did not see the motorcycle before the collision or did not see the motorcycle until it was too late to avoid the collision.

8. Deliberate hostile action by a motorist against a motorcycle rider is a rare accident cause. The most frequent accident configuration is the motorcycle proceeding straight, then the automobile makes a left turn in front of the oncoming motorcycle.

10. Intersections are the most likely place for the motorcycle accident, with the other vehicle violating the motorcycle right-of-way and often violating traffic controls.

In Maryland and Washington D.C., the personal injury law firm of Lebowitz and Mzhen handles lawsuits that are a result of vehicle-related accidents that occur due to the negligence of another driver. If you or a loved one have been injured in a motorcycle accident or car collision that was not your fault and you would like to speak with an attorney regarding your case, contact Lebowitz and Mzhen for a free, no obligation consultation.

Cycle Safety, Cumberland Times, October 30, 2006

The "Hurt" Report (PDF)

Related Web Resources:

2006 Maryland Motorcycle Safety Program

Death To Accident Statistics, Department of Transportation

Maryland Motorcycle Accidents, DMV.org

In Maryland last week, Baltimore police officer Channon Rankin sustained a concussion and a fractured leg when the police car that she was driving collided with another vehicle at Belvedere and Beaufort avenues in the Pimlico section in Northwest Baltimore. The driver of the other vehicle, Omar Mooring, sustained the same types of injuries. Ranking was taken to Maryland Shock Trauma Center for treatment, while Mooring was attended to at Sinai Hospital. Both cars were severely damaged.

According to Baltimore police, Officer Rankin had been rushing to a call at the time of the accident, and her car lights and police siren were activated.

Whether you were involved in a vehicle-related accident where someone was injured or if you witnessed an accident where someone was injured, here are some suggestions for what you can do.

· Stop at the scene.

· Call the police.

· See to the injured person in ways that will not cause them further injury or result in death.

· Do not move the vehicle unless absolutely necessary to save the injured person's life.

· Remain at the scene until police arrive and have had time to question you.

· Write down:
a. Date / Time of Accident.
b. Location where the accident took place.
c. Weather Conditions.
d. Information: Names and driver's license information of the people involved, particulars of the vehicle, insurance information.
e. Name of police officer(s) at the scene.
f. Damage to vehicle.
g. Particulars of other vehicles:
- Registration Number.
- Make of Vehicle.
- Insurance Company/Policy Information.
- Driver's License.
h. Name of Investigating Officer.
i. Details of the accident.

Property Casualty Insurers of America offers the following tips for avoiding auto accidents:

1. Avoid drinking and driving.

2. Minimize distractions such as reading newspapers or talking on the cell phone when driving.

3. Properly maintain vehicles. Tune up cars according to maintenance schedule, and especially take note of tire conditions every month.

4. Do not encourage aggressive drivers. Let other aggressive driving behavior roll off your back, or call the police. Losing your temper could worsen the situation.

5. Leave a safe distance between your cars and others. For every 10 miles per hour of speed, leave at least one car length space between your vehicle and the vehicle ahead.

6. Maintain a constant speed. Don’t continually slow down or speed up.

7. Adjust mirrors properly and check the side and rear view mirrors every 15 seconds.

8. Take defensive driving classes to improve your ability to drive and be better prepared for the unpredictable behavior of other motorists.

9. Proceed with great caution through intersections. Intersections are the center of most accidents. When entering an intersection, look left, then right, then left again to ensure the area is clear.

10. Be sufficiently aware of road conditions and be more visible. Keep your lights on at dusk and dawn and during rain, as is the law in most states. Understand basic vehicle dynamics, such as knowing how to recover from a skid.

If you or a loved on were injured in Maryland or Washington D.C. due to the negligence of another driver, and you would like to explore your options regarding filing a personal injury lawsuit, contact Lebowitz and Mzhen fore a free consultation.

City Officer Rushing To Call Collides With Car, Baltimore Sun, November 11, 2006

Easy Ways To Avoid Auto Accidents, Insurance.com

Related Web Resources:

What To Do After A Car Accident, Edmunds.com

Car Accident Injuries: Causes And Preventive Measures, Ezinearticles.com

Last week, two Crisfield ambulance attendants and their patient were injured on the way to Peninsula Regional Medical Center when the ambulance they were riding in was hit by another vehicle at the Cedar Lane intersection on U.S. 13.

Lower Somerset County Ambulance and Rescue Squad’s ambulance 802 had just come from Marion Station where they had picked up their patient who had been involved in a vehicle-related accident. The ambulance workers, Angela Cvetko and Tim Collins, were also treated at Peninsula Regional Medical Center.

Common causes for vehicle-related accidents:

· Speeding
· Driving under the influence
· Fatigue
· Becoming involved in an accident with another vehicle
· Rear ending another vehicle
· Defective traffic lights
· Driver error
· Running a red light

Common Injuries that can result from vehicle-related accidents:
· Broken bones
· Head or brain injuries
· Neck injuries
· Spinal cord or nerve damage
· Burns
· Limb amputations

The CDC offers the following statistics regarding ambulance-related accidents in the Untied States. From 1991-2000:

· Ambulances were involved in 300 fatal accidents resulting in the deaths of 80 ambulance occupants and 275 other people (pedestrians or occupants of other vehicles).
· 816 ambulance occupants were involved in these 300 accidents.
· 27 of the 80 ambulance occupants that died were on-duty EMS workers.
-41% of these workers were sitting in the driver’s seat
-5% were seated in the front right-side seat

Lebowitz and Mzhen is a personal injury law firm representing clients in the Maryland and Washington D.C. areas. If you have been injured in a vehicle-relatd accident due to the negligence of another drive, our experienced attorneys will discuss your situation and go over the options available to you. We will also work with insurance companies and other parties involved in your case to make sure that all your needs are handled quickly and appropriately. Contact Lebowitz and Mzhen for a free consultation.

Crash Involves Ambulance; Crew Members, Patient Injured, Newszap.com, November 8, 2006

Ambulance Crash-Related Injuries Among Emergency Medical Services Workers --- United States, 1991--2002, CDC.gov, February 8, 2003

Related Web Resource:

Ambulance Crash Log, emsnetwork.org

The family of Mary Jones, a mother who was killed when a police officer ran a red light on Northern Parkway on November 13, are worried that they could lose a lawsuit they filed against the city of Baltimore.

Police reports say that Baltimore City Police officer Antonio Reyes-Rodriguez was traveling between 62-82 miles per hour in a 30-mile zone when he ran a red light. Witnesses say that they did not hear a police siren during this time. The report concluded that Officer Reyes had violated Maryland Criminal Law by driving in a grossly negligent manner, which caused Jones’s death.

Just two months ago, however, the Assistant State Attorney wrote Jones’s family to say that there wasn’t any negligence involved on the part of Reyes-Rodriguez—who had been dismissed from the police force after the incident—and that the manslaughter charges were being dropped against him.

Vehicular manslaughter is defined as the crime of causing the death of a human being due to the illegal driving of an automobile. This can include gross negligence, drunk driving, reckless driving, or speeding. Vehicular manslaughter can be charged as a misdemeanor (a minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (a crime punishable by a term in state prison), depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if it is caused by an act of illegal driving.

Jones’s family has filed a wrongful death lawsuit against the city seeking punitive damages. The city has filed a motion to have that lawsuit dismissed.

-Red light running takes place when a motorist enters an intersection after the traffic signal light has turned red.

-A nationwide study shows that from 1999 and 2000, about 20 percent of the vehicles involved in fatal crashes failed to obey the traffic signals.

-In 2004: Over 900 people were killed and about 168,000 were injured in red light running-related crashes.

According to the Trauma Foundation:

In the United States in 1996, there was a total of 257,849 traffic crashes in which someone ran a red light.
These red light running crashes accounted for:
· 4% of all police-reported crashes;
· 5% of all injury crashes; and
· 7% of all injury crashes on urban roads.

47% of red light running crashes involved injuries, as compared with 33% of other crashes.

Of all red light running crashes in the U.S. in 1996:
· 15% involved fatal or incapacitating injuries, and
· 31% involved non-incapacitating injuries.

72% of these red light running crashes occurred during the day (between 6:00 a.m. and 5:59 p.m.).

The law firm of Lebowitz and Mzhen handles personal injury lawsuits that result due to someone else’s negligence. If you or someone you love has been injured in a red light running accident due to the negligence of another driver, or if someone you love has been killed due to someone else’s negligence in any type of vehicle-related accident, contact Lebowitz and Mzhen for a free consultation.

City Police and Prosecutors At Odds On Lawsuit, Wjz.com, November 3, 2006

Red Light Running Crashes Are On The Increase,
smartmotorist.com

Red Light Running, Insurance Institute For Highway Safety

Related Web Resources:

Stop Red Light Running

Red Light Running Is A Rampant Problem, Insurance.com

In Anne Arundel County's Maryland City, a white pickup truck hit a pedestrian at the corner of Brock Ridge Road and Route 198 on the night of Monday, October 30 and fled the scene soon after. The victim was taken to The University of Maryland R. Adams Cowley Shock Trauma Center in Baltimore.

According to a USA Today analysis, the number of pedestrians killed in hit-and-run accidents since 2005 is now 20% greater.

The National Highway Traffic Safety Administration says that in 2005, 974 out of 4881 pedestrians who were killed died in hit-and-run accidents.

A hit-and-run accident is one of the most challenging crimes to resolve because so often there are no witnesses. Often, the driver doesn’t intend to hit the pedestrian or other vehicle, yet he or she commits a crime just by driving off and leaving the scene of the accident.

Hit-and-Run Laws in Maryland:

20-102. Driver to remain at scene - Accidents resulting in bodily injury or death.
(a) The driver of each vehicle involved in an accident that results in bodily injury to or death of another person immediately shall stop the vehicle as close as possible to the scene of the accident, without obstructing traffic more than necessary.

(b) The driver of each vehicle involved in an accident that results in bodily injury to or death of another person immediately shall return to and remain at the scene of the accident until the driver has complied with § 20-104 of this title.
[An. Code 1957, art. 661/2, § 10-102; 1977, ch. 14, § 2; 1986, ch. 472, § 1; 1988, ch. 6, § 1; 1991, ch. 346, § 1; 1998, ch. 781; 2001, ch. 483; 2002, chs. 461, 462.]

§ 27-113. Violation of § 20-102 of this article.
(a) Serious bodily injury defined. In this section, "serious bodily injury" means an injury that:
(1) Creates a substantial risk of death;
(2) Causes serious permanent or serious protracted disfigurement;
(3) Causes serious permanent or serious protracted loss of the function of any body part, organ, or mental faculty; or
(4) Causes serious permanent or serious protracted impairment of the function of any bodily member or organ.

(b) Penalty for serious bodily injury. A person who violates § 20-102 of this article ("Driver to remain at scene - Accident resulting in bodily injury or death") and who knew or reasonably should have known that the accident might result in serious bodily injury to another person and serious bodily injury actually occurred to another person, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 5 years or a fine of not more than $5,000 or both.

(c) Penalty for death. A person who violates § 20-102 of this article ("Driver to remain at scene - Accident resulting in bodily injury or death") and who knew or reasonably should have known that the accident might result in the death of another person and death actually occurred to another person, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 10 years or a fine of not more than $10,000 or both.
[2002, chs. 461, 462.]

§ 5-106. Prosecution for misdemeanors; manslaughter by automobile, motorboat, etc.; homicide by motor vehicle.
(p) Manslaughter by automobile, motorboat, etc.; homicide by motor vehicle; stopping at scene of accident. A prosecution for an offense under Title 2, Subtitle 5 or § 2-209 of the Criminal Law Article or § 20-102 of the Transportation Article shall be instituted within 3 years after the offense was committed.

According to the Insurance Institute for Highway Safety:

· Pedestrians comprise the second largest category of motor vehicle crash deaths after vehicle occupants, accounting for 11 percent of fatalities. The rates of pedestrian deaths in motor vehicle crashes per 100,000 people also are higher for older people.

· Pedestrian deaths occur primarily in urban areas. Many pedestrians are killed on crosswalks, sidewalks, median strips, and traffic islands.

· Vehicle factors count, too, because the most serious injuries often result from pedestrians being thrown onto the hoods, windshields, or tops of vehicles. Serious head, pelvis, and leg injuries are common, and the severity of such injuries could be mitigated by improving vehicle designs and materials.

The personal injury law firm of Lebowitz and Mzhen handles injury cases that are a result of hit-and-run incidents and other motor vehicle-related accidents. Contact Lebowitz and Mzhen for a free consultation.

Pickup Truck Hits Pedestrian, October 31, 2006

Hit-and-Run Deaths See 20 Percent Increase, USA Today.com, October 17, 2006

Hit-and-Run Laws in Maryland, Deadlyroad.com

Fatality Facts 2005 - Pedestrians, Insurance Institute for Highway Safety

Related Web Resources:

Pedestrian Safety, U.S. Department of Transportation, Federal Highway Administration

Pedestrians Educating Drivers On Safety

Crash data from a new AAA Mid-Atlantic report says that licensed, underaged drivers, ages 16-17, are just as likely to get into deadly car crashes from Monday through Friday between 3 and 5 p.m. as they are between 9 p.m. 2 a.m on weekend nights.

Data shows that between 2002 and 2005:

· 1,100 underaged, teen drivers were killed in the hours right after school.

· 1,237 were killed during the weekends.

AAA Mid-Atlantic is urging parents to be just as vigilant when monitoring their teen drivers after school as they are on the weekends. Maryland and 43 either states have already imposed driving limits for licensed teen drivers who are forbidden to drive between 12 and 5 A.M. unless they are accompanied by a guardian or parent or driving for work-related reasons.

The University of Maryland’s Deparment of Public Community and Health offers a number of tips for parents with underaged teen drivers, including:
.
· Teach by example. Be a courteous and careful driver.
· Teach your teen defensive driving-to look ahead to anticipate problems and be prepared to react.
· Use the Maryland Parent-Teen Driving Agreement with your newly licensed teen to set up specific driving rules and consequences.
· Restrict your teen from driving under high-risk conditions, such as driving at night and with teen passengers, and consider delaying the age your teen gets a license.
· Tell your teen to keep his or her cool with aggressive or angry drivers.
· Insist that teens and their passengers always wear their seat belts.
· Tell your teen when they drive that they are responsible for their passengers and must make them buckle up.
· Tell your teen that they will be responsible for paying the fines if they are caught not wearing their seat belt by a police officer.
· Discuss further consequences such as loss of driving privileges if your teen is caught not wearing a seat belt.
· Prohibit or strictly limit the number of teen passengers.
· Take the time to accompany your teen to a new location before he or she has to drive somewhere new on his or her own.
· Talk to your teen about the dangers of outside distractions and "rubber-necking."
· Don't allow your teen to drive if he or she is emotionally upset.
·
Maryland’s graduating licensing program, known as the Rookie Driver, allows new teen drivers and any new driver (regardless of age) to progress through three stages. They must meet numerous requirements before being awarded a full driver’s license:

1. Permit: A learner's permit allows a new driver to begin the learning process of operating a motor vehicle.

2. Provisional License: After gaining experience driving with a learner's permit for 6 months, maintaining a conviction-free driving record and completing a standardized driver education course, new drivers are eligible for a provisional license.

3. Driver's License: The State of Maryland's full driver's license is a privilege awarded to drivers who progress through the Rookie Driver graduated licensing system.

Maryland Teen Driving Statistics:

· In Maryland, the number of motor vehicle crashes involving teen drivers, per 10,000 licensed teen drivers, has been on the rise since 1996 (NSC, 2003, p.10).
· On average, during the period from 1996-2000, more than 1 out of every 10 licensed Maryland teen drivers was involved in a motor vehicle crash (NSC, 2003, p.10).
· During an 11-month period, from summer 2001 to summer 2002, ten teenagers died in automobile accidents in Southern Maryland. The drivers of these automobiles were all 15 to 18 years of age. (Sheinin, 2003, p. DO1) .
· In 2001, 21,188 young drivers were involved in reported traffic crashes in Maryland (NSC, 2001, chap. 4, p.1).

The personal injury law firm of Lebowitz and Mzhen represents people who have been injured due to the negligence of another driver. They also represent the families of those who have been killed due to someone else’s negligence in a vehicle-related accident. Contact Lebowitz and Mzhen for a free consultation.

Afterschool Hours Are Prime For Teen Accidents, WJZ.com, October 25, 2006.

Rookie Driver, Maryland Motor Vehicle Administration

Teen Driver Statistics, Parents of Young Drivers.com

Related Web Resources:
AAA Mid-Atlantic

Teen Driving

Family Guide To Teen Driver Safety, NSC.org

In Maryland last week, attorneys for both sides in the wrongful death suit of Baby Caleb rested their cases. Caleb Taylor's obstetrician, Dr. Jason Evans, is accused of negligence during the baby's delivery in 2004. The prosecution claims that Dr. Evans waited too long before performing a c-section on Caleb's mother Casey. A jury will be asked to determine the amount of compensation for the suffering and loss caused by Caleb's death. He was born with severe complications and died nine days after his birth. The defense claims that Evans could not perform the c-section until the anesthesiologist arrived at the hospital.

The state of Maryland has a wrongful death cap of $885,000.

A birth injury or trauma is an injury that happens to a baby during birth. A delay in delivery of a baby can cause profound injury to a child due to oxygen deprivation. These injuries include damage to the brain, cerebral palsy, erbs palsy, and other physical and neurological injuries.

Other common birth injuries:

· Caput Succedaneum:
Caput is a severe swelling of the soft tissues of the baby's scalp that develops as the baby travels through the birth canal. Some babies have some bruising of the area. The swelling usually disappears in a few days without problems. Babies delivered by vacuum extraction are more likely to have this condition.

· Cephalohematoma:
Cephalohematoma is an area of bleeding between the bone and its fibrous covering. It often appears several hours after birth as a raised lump on the baby's head.

· Bruising/Forceps Marks:
Some babies may show signs of bruising on the face or head simply as a result of the trauma of passing though the birth canal and contact with the mother's pelvic bones and tissues. Forceps used with delivery can leave temporary marks or bruises on the baby's face and head. Babies delivered by vacuum extraction may have some scalp bruising or a scalp laceration (cut).

· Subconjunctival Hemorrhage:
Subconjunctival hemorrhage is the breakage of small blood vessels in the eyes of a baby. One or both of the eyes may have a bright red band around the iris. This is very common and does not cause damage to the eyes. Th