Maryland Accident Law Blog

In Maryland, investigators say that a police officer was speeding when he hit a 12-year-old pedestrian with his car in April in Montgomery County. Their probe found that Montgomery County Police Officer Jason Cokinos was driving more than 25 mph above the speed limit when he hit Luis Jovel with his car. Jovel was crossing the street close to his home in Clarskburg when the Maryland traffic accident happened.

Investigators says that the pedestrian accident would not have occurred if Cokinos, who was riding his cruiser while off duty, wasn't speeding above the 30 mph speed limit. The report quotes the 23-year-old police officer as saying that he thought the speed limit was 40 mph.

Jovel suffered brain damage and is still in rehab. No criminal charges have been filed against Cokinos, who is back at work. He did receive two traffic violations related to the crash.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths and 80,000 pedestrians injured in the United States in 2007.

The WalkingInfo.org Web site says:

• 5 to 9-year-old male pedestrians are at high risk for becoming injured in a pedestrian accident.

• 65% of pedestrian accidents happen at non-intersections, especially those involving young kids that may run out onto the street.

• Pedestrian accidents are more likely to occur during the busy morning and afternoon rush hours.

• Deadly pedestrian crashes are more likely to happen after 5pm.

Report: Speeding Caused Police Cruiser To Hit 12-Year-Old, WJLA.com, August 26, 2008

Officer was speeding when he hit Clarksburg boy, report says, Gazette.net, August 21, 2008

Related Web Resources:

Speeding, SafeRoads.org

Crash Statistics, WalkingInfo.org

Continue reading " Maryland Investigators Say Montgomery County Police Officer Was Speeding When He Hit 12-Year-Old Pedestrian " »

The baby of a New York woman who was struck by a runaway van and pinned under a bus while she was still pregnant with him has died. Sean Michael Justin Sanz passed away in intensive care on August 22 after being born prematurely on August 14.

His mother, New York Traffic Agent Donnette Sanz, underwent an emergency cesarean section procedure to deliver him. She died soon after.

Some 30 people tried to lift the front of the bus off the pregnant traffic agent. She was then rushed to St. Barnabas Hospital. The driver of the van was Walter Walker, a 72-year-old man with an extensive history of traffic offenses. In a statement to the New York Post, Walker said that his brakes wouldn’t work, and he tried to stop his van to avoid hitting Sanz.

Wrongful Death
Family members that have lost loved ones in accidents may be entitled to compensation from the liable party or parties. In Maryland, barring certain exceptions noted by the state’s wrongful death statute, the husband, wife, son, daughter, mother or father of the deceased can file a claim for wrongful death. If the decedent has no primary beneficiaries, secondary beneficiaries may be entitled to claim recovery.

Depending on the specifics of the case, wrongful death damages may include compensation for mental trauma, emotional trauma, loss of companionship, loss of society, loss of comfort, loss of parental care, loss of filial care, and other damages.

Dad loses his miracle: Bus baby's tragic death leaves pa numb with grief, NYDailyNews.com, August 22, 2008

Bystanders Lift Bus Off Pregnant Mom, CBSNews.com, August 15, 2008

Related Web Resource:

Maryland: Wrongful Death and Intestacy Statutes, USDoj.gov

Continue reading " Newborn Baby Delivered Prematurely After Pregnant Mother Was Struck by Runaway Van is Dead " »

Two people that sustained injuries during a 2005 shooting outside the Odenton Volunteer Fire Company banquet hall where a party was taking place are suing Anne Arundel County, the shooter, the party organizer, and the Odenton volunteers for personal injury. The plaintiffs are Erica Williams, who was struck by a motor vehicle as she fled from the scene, and Delvin Eldrige, who sustained a gunshot wound. They are seeking $7 million for their personal injuries.

Williams and Eldrige are accusing party organizer Temika Young of failing to provide sufficient security for party guests on September 10, 2005. Three of Young’s private security guards faced weapon and drug charges following the shooting.

The plaintiffs are accusing shooter Terrance Carlester Medley of recklessness. They also say the volunteer fire company and Anne Arundel County were negligent of premises liability when, according to the complaint, they did not keep the premises safe and “failed to investigate the purpose and extent of said party.” The plaintiffs say the fire department created a further hazard when they shut down the building’s lights following the shooting and tried to block the exits.

Medley, who was convicted of attempted second-degree murder, is serving 18 years in prison. His BAC following the shooting was .28%, which is 3.5 times the legal limit that people are allowed to have when driving in Maryland.

This was not the first altercation at the banquet hall that year. A fight broke out there on March 27, 2005 and a stabbing occurred just 13 days prior. Blank license applications to parties had also been issued.

Williams and Eldrige are asking for $1 million from Young, $4 million from Medley, $1 million from the Odenton Volunteers, and $1 million from Anne Arundel County.

Injured parties that are hurt on another persons property may be entitled to personal injury compensation if they were the victims of a crime that occurred on the premise. This is known as a premises liability case. If you suffered injuries in Maryland or Washington DC that you believe were caused by another party’s negligence, you should speak with a Maryland personal injury law firm immediately.

Lawsuit filed in '05 firehouse shooting, Hometown Annapolis.com, August 19, 2008

Man guilty in Odenton firehouse shooting, HighBeam.com, April 26, 2006

Related Web Resources:

Odenton Volunteer Fire Company

Justia: Premises Liability Overview

An 18-month boy sustained serious injuries on Monday after a pit bull bit him. The dog attack happened at the home of a day care provider in Aberdeen, Maryland.

Demetrious Allen had to undergo surgery at Johns Hopkins Children’s Center to treat deep bite wounds he sustained to his head after the dog tore his scalp. The animal let go of the child after the day care provider called his name. A neighbor applied pressure to the boy’s head while the provider contacted 911.

The day care provider says that she did not see the toddler go out the back door and into the yard. She was in the bathroom when the dog attack begun. Allen, who has been released from the hospital suffered no permanent brain damage. Police say the daycare home will not face criminal charges.

The dog, a male pit bull, belongs to the son of the day care provider. The dog had been penned in a fenced in yard. The day care provider told law enforcement officers that the animal had been with children before and had never attacked anyone.

This latest attack by a pit bull continues to raise concerns about whether the breed is dangerous to humans. In Baltimore, a one-year-old’s face was mauled by the family’s pit bull. Another 7-year-old was hospitalized after being bitten by a pit bull. In Prince George’s County, pit bulls have been banned following several attacks.

Premises Liability
Property owners and managers can be held liable for personal injury if he or she allowed an unsafe condition or hazard to exist on a premise that could have been repaired or eliminated and someone is injured as a result.

In Maryland, our Aberdeen dog bite lawyers represent victims that have been attacked by dogs on other people’s properties. We also represent clients injured in premises liability cases involving inadequate security, slip and fall accidents, products liability, and falling merchandise.

Toddler Released From Hospital After Dog Attack, WJZ.com, August 19, 2008

Boy in day care bitten by pit bull, BaltimoreSun.com, August 18, 2008

Related Web Resources:

Maryland Dog Bite Law, Animallaw.info

Premises Liability Overview, Justia

Continue reading " Pit Bull Attacks 18-Month-Old Maryland Boy at Day Care Home in Aberdeen " »

In Howard County, one person died and five others were hurt in a head-on crash on Thursday in Lisbon. Mt. Airy resident Milton Stanley Bowens Sr., 64, was declared dead at the scene on Frederick Road close to East Daisy Road. Three of the passengers that had been riding in his Ford Explorer with him, 44-year-old Adrienne Jones, and her teenage daughters Corin and Jasmin Disney, were sent to hospitals in serious or critical condition.

According to Howard County police, a speeding BMW crossed a double line a number of times in an attempt to pass other cars before crashing into the SUV. The driver of the BMW was 22-year-old Joel Nathaniel Wareham. Wareham and his passenger were admitted to Maryland Shock Trauma Center and were released on Friday.

Following Wareham’s release, he was arrested at his home. He has been charged with drunk driving and speeding.

If you have been injured in a motor vehicle accident in Maryland or Washington DC, it is important that you speak to an experienced Baltimore personal injury lawyer first before trying to negotiate a settlement agreement with the responsible party’s insurance company. A good Maryland car crash lawyer can work with accident reconstructionists who can investigate the accident scene and determine who and what caused the collision.

Accident Reconstructionists
Accident reconstructionists are experts at taking physical evidence and examining clues from the accident site to reconstruct what happened before, during, and after the accident. Motor vehicle accident reconstructionists can determine who was speeding or whether the crash was caused by poor weather conditions, a defective product, or another factor.

The more evidence that your Maryland motor vehicle lawyer can gather proving the other party’s liability, the greater your chances of recovering the maximum recovery that you are owed.

1 killed, 5 injured in head-on collision in Howard Co., BaltimoreSun.com, August 15, 2008

Man charged in Howard crash, BaltimoreSun.com, August 17, 2008

Related Web Resource:

What is Accident Reconstruction?

Continue reading " Head-On Crash In Howard County, Maryland Leaves One Man Dead and Five Others Injured " »

In Maryland, the family of Cassandra Blake, is suing Cedar Towers Apartment, American Pool Enterprises, Inc., American Pool Management Inc., Doug Kusher Co., and Westminster Management for $100 million for her wrongful death.

The 23-year-old Baltimore County woman died in 2005 after drowning in the Cedar Towers Apartment complex swimming pool. The lawsuit contends that the lifeguards that were on duty at the time of the accident were unqualified and had only one week’s worth of training.

Blake was visiting a friend at the Cedar Towers complex, and she had gone to the pool with her son, her sister, and other kids. A lifeguard and security guard reportedly told her it was okay to use the pool. At some point, Blake, who could not swim, either fell or was pushed into the deep end of the pool where she drowned.

According to the lawsuit, the children called to the lifeguard for help. Because the pool was murky, he had to use goggles to find Blake. He was unable to resuscitate her. The plaintiffs contend that the lifeguard was not qualified to do his job, that more lifeguards should have been provided, and the pool was poorly maintained, causing the murky water and unsafe conditions to result in Blake’s drowning death. The lawsuit accuses American Pool of hiring Jamaicans to train lifeguards for a week and that even the trainees that didn’t pass the tests were issued licenses.

If you or someone you love died in a pool drowning accident in Maryland, an experienced Baltimore personal injury lawyer can determine whether you have grounds to file a wrongful death claim against a negligent party. A pool that is poorly maintained or lacks the proper safety measures is considered a premise liability if someone is injured or killed as a result.

OCHealthinfo.com offers a list of potentially hazard conditions that could render a pool unsafe for use:

• Defective, loose, or missing drain covers.
• Murky water that makes it difficult to see the main drain at the bottom of the pool.
• Inaccurate or missing water depth markers.
• A nonfunctioning or defective recirculation system.
• Human feces or a dead animal in the pool.

Drowned woman's kin file lawsuit, BaltimoreSun.com, August 15, 2008

Pool Safety Issues, OCHealthinfo.com

Related Web Resources:

Health and Safety Tips, American Red Cross

American Red Cross Lifeguarding

On Sunday, two people died and two others sustained serious injuries in a two-vehicle collision in Montgomery County, Maryland at Lori and East Randolph Drives. Residents in the area say this fatal crash is a dangerous corner especially when motorists are driving too fast or speeding.

The deadly crash this weekend happened when a Honda Accord crossed a concrete median and crashed into a Toyota Camry. The driver of the Accord, Jose Reyes-Argueta, and one of his passengers, 19-year-old Kimberly Diaz, were declared dead at the accident scene. The other passenger was taken to a hospital with serious injuries. The driver of the Camry, Silver Springs resident Jabari Demessa, also sustained serious injuries.

Neighbors in the area want the government to do more to prevent such deadly accidents from happening. In 2003, the Maryland government spent about $500,000 to install median strips. Local residents want more median strips installed and they also want the speed limited reduced from 40 mph to 35 mph.

At least six people have died on the stretch of rode where Sunday’s accident occurred. Police are investigating the cause of the crash.

Speed Limits
Regardless of what the speed limit is for a road, motorists are expected to pay attention to the weather and road conditions and adjust their speed in order to drive safely. The proper speed limits are also supposed to be set for each road. While there are basic speed limits designated for Maryland’s streets and highways, the limits can be adjusted, however, depending on the actual road design and other conditions, such as whether there is a school nearby or motor vehicle crashes continue to occur.

In Maryland and Washington DC, our car crash law firm will send a team to the accident scene to determine the cause of the crash.

Two Killed in Montgomery County Crash, News8, August 4, 2008

Related Web Resources:

Speed Limits, Maryland Department of Transportation State Highway Administration

Insurance Institute for Highway Safety

Continue reading " Two-Vehicle Crash in Montgomery County Claims Two Lives and Leaves Two Injury Victims " »

In Maryland, the Archdiocese of Baltimore and a former Catholic priest are reportedly close to reaching a settlement agreement with the family of a man that the priest is accused of sexually abusing 17 years ago.

Jerome Cliffe died in February 2005 when he was 22-years-old of a drug overdose. His parents, Harry and Cathy Cliffe, filed a $2 million wrongful death lawsuit against the archdiocese and former priest Steven P. Girard last year.

The Cliffe family’s lawsuit claiming that Girard’s actions toward Jerome when he was an 8-year-old caused their son to experience post-traumatic stress syndrome and subsequently abuse drugs. The sex abuse allegedly started while Girard was a pastor at St. Clement Church and supervised the Catholic school in Lansdowne where Jerome was a third grader.

The suit contends that Jerome was sexually abused in a classroom and a confessional. The complaint accuses Girard of keeping Jerome quiet by threatening to hurt his family if he reported the abuse incidents. His parents say that Jerome experienced physical pain and mental anguish because of the abuse. Girard denies the abuse allegations.

The archdiocese has distanced itself from Girard’s alleged actions and said they had no knowledge the abuse was taking place. While the settlement amount is not final, the Cliffes’s legal representation has said that a settlement worth $200,000 is being discussed.

Child Sex Abuse
Sexually abusing or assaulting anyone is a crime and punishable by law. The victim and/or his family may also be entitled to personal injury compensation for the harm suffered.

Many times, the aftereffects and trauma of child sexual abuse can last a lifetime. Emotional trauma, psychological issues, trust issues, eating disorders, drug problems, and other injuries that are very difficult to recover from can result.

In Maryland and Washington DC, an experienced child sex abuse lawyer can help you file a claim or lawsuit against the negligent party.

Church close to settling abuse case, The Daily Record, August 6, 2008

Related Web Resources:

Child Sexual Abuse

Abuse in the Catholic Church, The Boston Globe

In Maryland, a grand jury has indicted Tavon Taylor and Darren James Bullock on eight counts of vehicular manslaughter, as well as charges of engaging in a speed contest and reckless driving. Eight people died in the deadly motor vehicle accident last February in Prince George’s County, while eight others sustained injuries.

The two men are accused of illegally racing each other on Indian Head Highway before they ran into the crowd that was watching another illegal race. The victims were among the many spectators.

While Maryland authorities have accused Bullock of driving his car into the crowd, they have refused to say whether Taylor struck anyone with his car. A surveillance camera shows Bullock and Taylor speeding with their headlights off at speeds as high as 110mph. At Taylor’s bond hearing this week, the prosecution accused Taylor of “repeatedly deceiving” authorities about what happened. The defense attorneys for both men say that their clients never meant to hurt anyone.

If you or someone you love was seriously injured in a motor vehicle crash because a motorist or someone else was negligent or reckless, an experienced Maryland car crash lawyer can investigate the crash scene to determine whether you are entitled to financial compensation for injuries, pain and suffering, and other losses incurred.

Speeding Facts

• According to the National Highway Traffic Safety Administration, 13,192 people died in speeding-related accidents in 2004.

• The Insurance Institute for Highway Safety reports that after a number of states increased their speed limits in 1996, the number of motor vehicle deaths on Interstate highways increased by about 15%.

Driver Who Hit Crowd, Killing 8, Is Charged, WashingtonPost.com, July 30, 2008

Related Web Resources:
Speeding, Saferoads.org

National Highway Traffic Safety Administration

Continue reading " Motorist that Crashed into Crowd at Illegal Street Race in Maryland Charged with Vehicular Manslaughter " »