Maryland Accident Law Blog

A bill that is calling for a Maryland reckless driving law would make it easier to prosecute reckless drivers if passed. The proposal calls for drivers who were responsible for causing a motor vehicle fatality because they exhibited negligence leading to “substantial risk” of safety to be charged with a misdemeanor crime. The penalty would be up to three years in jail.

Maryland Delegate Luiz R.S. Simmons (D-Montgomery) has been pushing for this law for five years. He claims that the state’s standard for proving vehicular homicide is too high.

Currently, some 30 US states have laws that allow reckless driving charges even if the driver did not exhibit “gross negligence.” The bill has died every year so far because the House Judiciary Committee chairman, Del. Joseph F. Vallario, has not called for a vote on the matter.

This week, Mary Gray, the mother of a 20-year-old man who died after he was hit by an off-duty Prince George’s County police officer, testified in Annapolis in support of the reckless driving bill. Officer Mario Chavez, who admitted to drinking on the night before the deadly Maryland auto crash, was not charged in her son's death.

The state’s attorney for Prince George’s County found that there was insufficient evidence to charge the police officer with vehicular manslaughter, which is an offense that requires proof that the driver was grossly negligent. Instead, Chavez was issued a traffic ticket for the deadly December 2007 accident.

Now Brian’s family is suing Chavez and Prince George’s County for his wrongful death.

Reckless Driving
While state laws can vary in terms of how incidents of “reckless driving” are defined and criminally prosecuted, there is no doubt that driving carelessly or recklessly can lead to serious motor vehicle accidents resulting in personal injury or wrongful death. Driving at excessive speeds, drunk driving, and other reckless acts can be grounds for a Maryland wrongful death lawsuit if someone else dies as a result.

Reckless Driving Law Is Urged, Washington Post, January 29, 2009

Mother Waits For Answers In Crash That Killed Son, WUSA9.com, May 17, 2008

Related Web Resources:
Wrongful Death, Justia

Maryland State Highway Administration

The family of Shirley Mae Almer is suing Peanut Corporation of America and King Nut Companies for her wrongful death. The 72-year-old nursing home resident allegedly died after she ate the peanut butter that was served to her at the facility where she was staying. A tub of peanut butter found at the nursing home contained Salmonella typhimurium, the same strain of salmonella that has made a number of other people in the US sick.

The Centers for Disease Control says there have been at least 501 reports of Salmonella typhimurium-related food poisoning. 108 people required hospitalization. 8 of the cases resulted in deaths. Over 280 cases involved minors.

Almer died on December 21, 2008. Her family’s wrongful death lawsuit accuses the defendants of failure to safely manufacture, package, and transport the peanut butter, failure to properly train and supervise employees, failure to maintain hygienic conditions at the peanut butter plant, failure to test the peanut butter before sending the products off, and failure to prevent cross-contamination.

Peanut Corporation of America is the company that made thousands of pounds of the contaminated peanut better. On January 27, 2009, federal health official reported finding Salmonella typhimurium, as well as four other strains of salmonella, at the peanut butter manufacturing plant. King Nut Companies supplied the peanut butter to the nursing home.

Over 300 peanut butter-related recalls have occurred because of the Salmonella outbreak. Peanut Corp sells peanut paste to almost 100 manufacturers of nutrition bars, cookies, peanut butter crackers, and ice cream. More recalls are expected.

If you got sick or someone you love died because of a contaminated food product, you may have grounds to file a products liability lawsuit.

FDA: Peanut plant knew product was tainted with salmonella, CNN Health, January 28, 2008

Family sues over salmonella-related death, Forbes/AP, January 27, 2009

Related Web Resources:
Read the Food and Drug Administration's Inspection Report of Peanut Corporation of America

View a List of Peanut Butter Recalls

A new peer-reviewed study to be published in the Environmental Science and Technology raises worries that some 42,000 Washington DC kids, now ages 4 to 9, may have been exposed to high levels of lead during the 2001 water crisis. Many of these children were two years of age or in their mothers’ wombs at that time. According to experts, toddlers and fetuses are most at risk of suffering permanent brain damage from lead poisoning.

The study is based on findings from an analysis of thousands of kids’ blood tests from 2000 to 2003. In some DC neighborhoods, the number of infants and toddlers with blood-lead concentrations that could lead to developmental delays and a permanently lowered IQ more than doubled after record breaking levels of lead began entering the city’s tap water supply.

The addition of a new chemical to the water treatment is what caused the increase in lead concentration. In 2003, DC residents were warned about this problem and were advised to use alternative sources of drinking water.

The new study’s results are counter to what federal and DC officials have said since 2004 when they admitted that although the levels of lead in the city’s water were very high, they did not think that this would significantly impact people. Now, public health officials are claiming that they just didn’t have the information at the time to show that there could be a problem.

According to studies, lead poisoning can cause kids to experience a decrease in IQ, as well as exhibit aggressiveness. One reason that babies in the womb and toddlers are highly succepetable to injuries from lead poisoning is that their brains are not yet fully developed. They can also more easily absorb and ingest more toxic metal than older children and adults.

According to FamilyDoctor.org:

• Excessive levels of lead in a child's body can lead to problems with kidneys, brain, or bone marrow.
• Lead poisoning can lead to behavioral problems, attention difficulties, learning problems, and a drop in IQ.

High Lead Levels Found in D.C. Kids, Washington Post, January 27, 2009

Lead Poisoning in Children, FamilyDoctor.org

Related Web Resources:
Environmental Science and Technology

Kids' Pages, National Institute of Environmental Health Sciences

Continue reading " Hundreds of Washington DC Children May Have Been Exposed to High Levels of Lead in City’s Tap Water " »

The federal government has settled a VA wrongful death lawsuit with the family of an Iraq war veteran who killed himself soon after he was denied mental health care. The family will receive $350,000.

Jeffrey Lucey was a corporal in the US Marines who was based in Iraq in 2003. When he came back to the United States, family members says he was having nightmares, behaving erratically, suffering from insomnia and serious depression, and drank a lot. The 23-year-old was involuntarily committed to a VA medical center’s psychiatric unit but was discharged from the hospital after four days following a diagnosis of mood swings and alcoholism.

Two days later, Lucey’s family readmitted him to the hospital after he crashed a car in an attempt to kill himself. He was turned away by a VA hospital nurse who failed to have a psychiatrist examine him.

Lucey hanged himself on June 22, 2004. His family filed their Veterans Affairs wrongful death lawsuit alleging medical malpractice against the United States. The Federal Tort Claims Act allows plaintiffs to file tort lawsuits, including those involving medical malpractice, against parties acting for the federal government.

Although the settlement has been reached, the Assistant US Attorney for the case says the VA is not admitting that it was responsible for Lucey’s suicide. The veteran’s death, however, has led to changes in how the VA medical system works with veterans and suicide prevention.

In 2007, A CBS News’ Investigative Unit found that from 1995 – 2007, almost 2,200 active duty service members killed themselves. The journalism also discovered that when it asked all 50 states for their suicide data for veterans and non-veterans, information sent back from 45 states showed that in 2005, 6,225 individuals who served in the armed forces were among those who committed suicide.

The Lucey family’s wrongful death lawsuit is not the first complaint filed against the federal government alleging that a VA hospital was negligent and therefore responsible for an Iraq war veteran’s suicide.

U.S. to pay $350,000 to family of Belchertown veteran who killed himself, MassLive, January 15, 2009

Suicide Epidemic Among Veterans, CBS News, November 13, 2007

Related Web Resources:
US Department of Veterans Affairs

Federal Tort Claims Act (FTCA), United States Department of Justice

A 21-year-old Baltimore County woman is dead after a tire that broke off from a truck being towed landed on her car on Wednesday. The deadly motor vehicle accident took place on Interstate 495 in Prince George’s County.

According to Maryland State Police, tow truck driver Roger Smith was towing a delivery truck when one of the tires with a metal wheel broke off the vehicle, rolled across lanes, struck two guardrails, rolled across a grassy median, and hit a tractor-trailer. The impact of this collision caused the tire to fly back across the median and land on Channing Quinichett’s Honda Civic, crushing the windshield and roof of her vehicle. The 21-year-old Maryland resident was pronounced dead at the crash scene.

If you have been injured in a Maryland traffic accident because a party’s negligence caused flying or falling debris to strike you and/or your motor vehicle, you may have grounds to file a personal injury or wrongful death lawsuit.

For example, last September, the family of 39-year-old Milena Del Valle, who died after part of the Big Dig tunnel ceiling in Massachusetts fell on her car, received a $28 million wrongful death settlement. In another personal injury lawsuit, the wife of Pawel “Paul” Swierczynski sued five companies after her husband was struck by a 250-pound grate that crashed through his windshield. Swierczynski sustained numerous injuries, including a traumatic brain injuries.

Just this month, a 6-year-old boy died and a man sustained injuries after they were struck by flying metal chunks at a monster truck rally. The catastrophic accident occurred when a truck's driveline malfunctioned, causing the fragments to fly toward the crowd. Witnesses have expressed anger that the show was not stopped even after both victims started bleeding.

While freak accidents do happen, there may have been steps that a liable party could have taken to prevent the personal injury accident or wrongful death.

Tire kills Baltimore Co. woman on Capital Beltway, Baltimore Sun, Associated Press, January 22, 2009

Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009

Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009

Settlement Reached In Big Dig Death Suit, CBS News, September 30, 2008

Related Web Resource:
Wrongful Death Overview, Justia

Continue reading " Baltimore County Woman Dies After She is Struck by Flying Truck's Tire on Capital Beltway " »

A deadly multi-auto collision on I-70 in Washington County on Monday has resulted in multiple injuries and at least two fatalities. Maryland State Police say at least 7 tractor-trailers and 35 passenger cars were involved in the midday accident.

About 45 people were taken to a Red Cross shelter following the crash, which police are partially attributing to the snowy weather. Many of the accident survivors sustained bumpers and bruises. Some 12 people who were seriously injured were transported to Washington County Hospital.

The 40-plus auto pileup was just one of several Maryland multi-vehicle accidents to occur on icy roads. In Harford County, some 20 auto accidents had occurred by yesterday night, including a four-auto collision and another accident involving a car striking a guardrail.

Multi-Vehicle Accidents
Filing a claim for injuries you sustained during a multi-motor vehicle crash can be a complicated process and one that may require the insight of an experienced Maryland motor vehicle attorney with the knowledge and resources to pursue your compensation.

There may be multiple liable parties. There may be key evidence that can only be properly examined by accident reconstructionists and medical experts. A good personal injury attorney will have access to these experts.

Driving in Snow, Ice, or Rain
Even though poor weather conditions can contribute to causing a Maryland auto crash, there are steps that motorists can take to prevent auto accidents from happening.

• Decrease your speed
• Brake gently
• Turn on your lights during times of poor visibility
• Don’t activate your cruise control when the roads are icy

At least 2 killed, 12 hurt in I-70 pileup in W. Md., Baltimore Sun, January 20, 2009

Survivors say they're lucky to be alive, The Herald-Mail, January 19, 2009

Related Web Resources:

Car Accidents Overview, Justia

Driving in Snow and Ice, The Weather Channel

The family of a 7-year-old boy who suffers from cerebral palsy because of a brain injury he allegedly sustained during his birth will receive a $6.5 million medical malpractice settlement. Roberto Morales Jr. was born at Provena Mercy Medical Center on April 7, 2001.

According to the family’s medical malpractice lawyers, the boy’s attending obstetrician and labor and delivery nurse were negligent when they allegedly failed to respond fast enough to his decreasing heart rate and reduced oxygen flow after his mother was administered the drug Pitocin. Following his birth, Morales was flown to Advocate Lutheran General Hospital, where he stayed for a month. The medical malpractice defendants were Provena Medical Center, Dreyer Medical Group Ltd, Dreyer Clinic Inc., Advocate Health Care Network, and obstetrician Judson Jones.

Birthing Malpractice
Birthing errors can lead to an infant suffering permanent, debilitating, and costly injuries. If your son or daughter was injured during birth because a doctor, nurse, surgeon, obstetrician, or another medical professional was negligent, you may have grounds to file a birthing malpractice lawsuit.

Also this month, in another birthing malpractice case, a lawsuit was filed against Memorial Hospital, St. Louis University Hospital, and the physician who delivered Haley Overmeyer on January 9, 2005. Haley’s mother, Linda Overmeyer, claims medical errors during delivery are the reason Haley has cerebral palsy.

Linda claims Dr. William Keenan failed to appropriately resuscitate her daughter, ensure that she was correctly intubated, and correctly monitor her condition. Linda also contends that had Keenan provided mother and daughter with the appropriate level of standard medical care, Haley’s disability could have been prevented.

Hundreds of cerebral palsy lawsuits alleging medical malpractice are filed by victims' families every year.

Hospital to Pay $6.5M For Boy's Brain Injury, MSNBC.com, January 15, 2009

Memorial, SLU and doctor sued over child's cerebral palsy, The Record, January 5, 2009

Related Web Resources:

NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders and Stroke

Cerebral Palsy, CerebralPalsyInfo.org

A woman who was injured in a Maryland school bus accident in 2006 is suing the Cecil County Board of Education, school bus company owner Daniel W. Wagner, Sr., and school bus driver Thelma Ann Delp for personal injury. On March 6, 2006, Rachel Marie Couch, then 18, was driving a 1991 For Bronco on Maryland Route 272 when she was struck by a school bus driven by Delp.

Couch says she suffered mental trauma and sustained serious, extremely painful, and permanent injuries to her body, including head injuries, neck injuries, back injuries, and limb injuries because of the accident. She had to be flown by state police chopper to the Maryland Shock Trauma Center.

There were no students on the bus, which was traveling to Rising Sun High School at the time of the auto crash. Maryland State Police say the bus had stopped at a red blinking light in one of the lanes on Route 272 when she made a left turn and broadsided Couch’s SUV. Couch says there are skid marks on the road that show she tried to avoid the bus. Delp says she didn’t see any cars on the road as she was making her turn.

Media reports indicate that the bus-SUV crash is not the first auto accident to occur at the intersection. Critics say one reason is that there has been some confusion surrounding a traffic light at Route 272 and Tiger Drive.

School Bus Accidents
School buses are common carriers whose drivers owe other motorists and pedestrians a greater duty of care to safety than other drivers. School bus passengers and others on the road can be prone to serious injuries during a traffic accident. Most large school buses do not come installed with seat belts, which makes its passengers more prone to serious injury. The size of large school buses make them a dangerous moving object in crashes with smaller vehicles, such as cars, SUV’s, and motorcycles, as well as pedestrians.

Woman here files $3M suit over crash, Lancaster Online, January 15, 2009

Related Web Resources:
School-Transportation Related Crashes, NHTSA (PDF)

Cecil County Board of Education

Continue reading " $3 Million Maryland Bus Accident Lawsuit Filed Against Cecil County Board of Education " »

The National Safety Council wants all US states to ban motorists from using cell phones while driving. NSC CEO and President Janet Froetscher noted that talking on the phone while driving increases a driver’s chances of becoming involved in an auto crash by four times more than if he or she were driving without using one.

Currently, six US states have laws banning the use of hand held cell phones while driving:

• District of Columbia
• Washington
• California
• Utah
• New Jersey
• Connecticut

Seven US States have a ban on text messaging while driving:

• District of Columbia
• Connecticut
• Alaska
• New Jersey
• Washington State
• Minnesota
• Louisiana

While some localities within US states that do not have statewide bans have imposed their own cell phone restrictions, including bans on hand-held phones and text messaging and bans affecting teen drivers and school bus drivers, the states of Kentucky, Florida, Nevada, Louisiana, Oregon, Mississippi, Utah, and Louisiana prohibit their localities from imposing any such bans.

The NSC is quick to point out that just because someone is using a hands-free phone does not mean that he or she is now operating the vehicle safely. According to a Harvard Center of Risk Analysis 2003 study, cell-phone use while driving is a contributing factor in 6% of auto accidents each year. Some 2,600 deaths and 330,000 injuries result from such collisions.

According to a Nationwide Insurance public opinion poll, 81% of US drivers use a cell phone when driving. Froetscher notes that cellular phone use while driving is more dangerous than talking to a passenger who is in the same vehicle. While talking to a real person makes the driver aware that lives are at stake if he or she doesn’t drive safely, talking on the cell phone places the motorist’s attention not on the road and in the present moment but elsewhere.

In addition to pushing for a change in current driving laws, the NSC is advocating more education about the dangers that come from driving with a cell phone, as well as better training.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009

Safety council urges ban on cell phone use while driving, CNN.com, January 12, 2009

Related Web Resources:

Maryland Cell Phone Law, DMV.org

Washington D.C. Hands-Free Law, Driving Laws.org

Cell Phone Driving Laws, Governors Highway Safety Association

Continue reading " National Safety Council calls for nationwide ban on cell phone use while driving " »

A new study sponsored by the National Institute of Child Health and Human Development reveals that scheduling C-section deliveries for the sake of convenience can increase the risks of babies being born with serious complications. The study, in Thursday’s The New England Journal of Medicine, is the first-large scale examination of the dangers that can arise.

A closer look at over 24,000 full term babies showed that newborns delivered at 37 weeks via elective repeat Caesarean birth were two times more likely as babies born at the recommended 39 weeks of experiencing bloodstream infections, breathing issues, and other complications. Newborns born at 38 weeks had a 50% greater chance of suffering from such complications than babies born at 39 weeks.

Health authorities have expressed concern about the increase in C-section births in the US, which are reportedly at an all-time high. Over 1/3rd of US deliveries are Caesarean births. Different experts have attributed causes for this increase to different reasons. While a C-section birth may be the safest method of delivery for certain newborns and their mothers, there are pregnant women who elect to undergo the procedure for personal reasons. For example, a mother may be ready for the pregnancy to be over or a certain date for delivery may be more convenient than another birth date.

According to the study’s findings:
• Out of the 24,077 repeat Caesarean births between 1999 and 2002, 13,258 of these deliveries were elective, which means there were no medical reason why the C-section deliveries were performed.

• Over 15% of babies that were delivered at 37 weeks experienced health complications, including low blood sugar, breathing difficulties, infections, or other medical issues requiring intensive care.

• 11% of babies delivered at 38 weeks also experienced health complications.

The American College of Obstetricians and Gynecologists recommends that elective repeat C-sections take place no sooner than when the baby is 39 weeks old to make sure it is fully developed.

Birthing Malpractice
It is the job of your ob/gyn, surgeon, primary care physician or any other medical professional charged with your care during your pregnancy and delivery to make sure that you get the best medical attention and advice possible. When failure to provide these duties of care leads to birthing injuries or other complications, you may have grounds to fie a Maryland malpractice malpractice lawsuit.

Study: Early Caesarean Sections Raise Risk of Complications, Washington Post, January 7, 2009

Study: Elective C-section babies born before 39th week face risks, CNN, January 27, 2008

Related Web Resources:

The New England Journal of Medicine

National Institute of Child Health and Human Development

Continue reading " Study Shows Scheduling Early Caesarean Births for Convenience Can Increase Complication Risks " »

In Maryland, the State’s Attorney for Prince George’s County says that police officer Mario Chavez will not be prosecuted for vehicular manslaughter in the Maryland car accident death of Brian Gray. The 20-year-old Bowie resident died in December 2007 when his vehicle was struck by the police car driven by Chavez, who did receive a speeding ticket for his role in the auto crash.

A police probe placed responsibility for the traffic collision on both Chavez and Gray. Their investigation concluded that Chavez was speeding, driving 50mph in a 20mph area zone, and that Gray, who was coming out of an intersection, pulled out in front of the police officer’s vehicle.

During his deposition, Chavez, 30, said he consumed several drinks the night before the deadly car accident and spent the night at a friend’s house. He was returning home to get ready for work when the auto crash happened early the next morning. Following the fatal motor vehicle collision, Gray’s family sued Prince George’s County and Chavez for wrongful death. They are seeking $2 million.

According to county state’s attorney Glenn F. Ivey, a person cannot be prosecuted for vehicular manslaughter just for speeding in Maryland and that another factor, such as drunk driving, purposely ignoring others’ safety, or speed racing, has to be present for there to be the possibility of gross negligence. Ivey says that although Chavez drank the night before, there was no evidence that he was intoxicated on the morning of the accident.

Ivey also reiterated that the fact that Chavez is a police officer is not the reason that he won’t be prosecuted. He expressed hope that the Maryland General Assembly would lower the state’s high standards for prosecution. New legislation, proposed by Del. Luiz R.S. Simmons, would allow for a misdemeanor charge to be filed if a driver causes an auto crash while engaged in actions that pose a “substantial risk” to the safety of others.

In October, another Prince George’s County police officer was acquitted following a 120mph pursuit of a motorcyclist. The high-speed chase left two people dead and 15 others injured. Meantime, Chavez continues to work as a Prince George’s County police officer.

Officer involved in fatal accident will not be prosecuted, Gazette.net, December 30, 2008

Md. Will Not Indict Officer in Car Crash, Washington Post, December 13, 2008

Related Web Resources:

Prosecutors fight for changes in traffic laws, SoMDNews.com, November 12, 2008

Beltway Chase Wasn't Called In, Sources Say, Washington Post, June 22, 2007

In Maryland, the Board of Public Works has approved a $500,000 wrongful death settlement for the family of Ifeanyi A. Iko, an inmate who died in 2004 after being subdued with pepper spray at the Western Correctional Institution. According to the state medical examiner, his cause of death was homicide due to the “chemical irritation of the airways by pepper spray,” the use of a mask on the 51-year-old prisoner’s face, and the manner in which he was restrained.

The Nigerian immigrant was found asphyxiated following an altercation with police when he was removed from his cell, handcuffed at the wrists and ankles, put in a spit-protection mask, and sprayed with pepper. Other prisoners who saw the incident say that prison guards severely beat Iko and used three cans of pepper spray on him.

While an Allegany County grand jury did not indict the correctional officers involved in the pepper spray incident, the prison’s lead investigator in the case has admitted that key evidence, such as wet clothing and video footage, were not preserved. Also, two months after Iko died, the state prison commissioner issued stricter guidelines on pepper spray use. Now, officers need a warden or assistant warden to approve the use of the spray and anytime the spray is used, a full report must be prepared within 24 hours.

Iko’s family had filed a $28 million federal wrongful death lawsuit, which will now be dismissed, following the incident on April 30, 2004 in Cumberland. The half a million dollar settlement may be the largest award granted in a Maryland personal injury or wrongful death case involving a prisoner victim.

Pepper Spray
Pepper spray can irritate the eyes, skin, and airways. Burning, tearing, sneezing, shortness of breath, coughing, skin blisters, and vomiting are some of the symptoms that can occur. Concentrated use of this spray can lead to more serious health conditions.

Maryland police officers and correctional officers are not supposed to use excessive force or severe restraint methods when apprehending suspects or prisoners. Failure to exercise this duty of care can be grounds for a Maryland police brutality or wrongful death lawsuit.

State will pay $500,000 in death of prisoner, Baltimore Sun, January 2, 2009

FBI Investigating Md. Inmate's Death, Washington Post, September 11, 2004

Related Web Resources:
Pepper spray rules tighten, Daily Press, July 21, 2004

Western Correctional Institution