Maryland Accident Law Blog

The US Department of Transportation has unveiled new roof strength standards that motor vehicle manufacturers must abide by beginning September 2012. Transportation Secretary Ray LaHood says that these newer, tougher standards should offer greater protection during rollover crashes.

Included in the National Highway Traffic Safety Administration’s new regulations:
• Light weight vehicles weighing up to 6,000 pounds will have to be able to withstand a force equivalent to three times the weight of the vehicle. This doubles the current standard requiring that roofs withstand a force that is 1.5 times a vehicle’s weight.

• For the first time, vehicles weighing 6,000 to 10,000 pounds will have to have roofs that can withstand a force equivalent to 1.5 times the motor vehicle’s weight.

All motor vehicles that have to meet these standards must be in compliance by 2017. Secretary LaHood calls rollovers the “deadliest” type of motor vehicle crash that exists today. However, he also wants people to remember that wearing a safety belt can also increase the chances of surviving a rollover accident.

Rollover Accident Facts
About 10,000 people are killed in US rollover accidents each year. Poorly designed roofs can cause the roof to become deformed, decreasing the amount of protection that occupants can avail of during a rollover accident. Just last month, the Insurance Institute for Highway Safety introduced its roof rating system for autos.

The rating system will hopefully help car buyers make informed decisions about how well certain vehicles ranked during IIHS testing. 12 SUV’s were tested and the ones that performed the best had roofs that were at least 2 ½ times stronger than the federal government’s current roof requirement standard.

Our Maryland motor vehicle crash lawyers are experienced in working on injury cases involving people hurt in rollover accidents. We understand the complex nature of investigating these kinds of motor vehicle crash cases and we have the experience and resources to successfully pursue your recovery.

U.S. DOT Doubles Roof Strength Standard for Light Vehicles, NHTSA, April 30, 2009

Roof strength is focus of new rating system; 4 of 12 small SUVs evaluated earn top marks, IIHS.org, March 24, 2009

Related Web Resources:
Roof Strength Rating, Status Report (PDF)

Continue reading " US Department of Transportation's Tougher Vehicle Roof Standards Should Provide Better Protection During Rollover Crashes " »

US pharmacists filled 3.8 billion prescriptions in 2007. This increase in pharmacy prescriptions—up from 3.3 billion in 2002—means that pharmacists are busier than ever. According to pharmacy owner Paul Lofholm, his pharmacists can fill up to 100 prescriptions a shift.

According to SmartMoney, the busy workload is creating a number of downsides that can affect how well pharmacists do their jobs, which in turn can make them more prone to pharmacy errors. For instance:

1) Pharmacists are stressed out and working too much.
2) This makes them tired, which means they can’t always be 100% focused when doing their jobs.
3) They may have less time to provide counseling about each prescription.
4) They’re more likely to make mistakes. For example, in 2007, there were 433 complaints filed about prescription errors in California.
5) An increase in inventory may mean that pharmacists may not be fully informed about all of the medications that are now available. This can affect any counseling they can provide or prevent them from recognizing potentially dangerous side effects that can result.

Pharmacy errors can be grounds for Maryland personal injury claims or lawsuits if a customer gets injured, sick, or dies because the pharmacist filled the prescription with the wrong medication, neglected to advise the patient of adverse reactions and the patient got sick, or gave the wrong dosage of the right medication or the wrong medication to the a patient.

A 2007 CNN article recommended that patients take proactive steps to avoid becoming the victim of pharmacy mistakes, including:

• Try not to fill your prescription at the start of the month. Because Social Security checks come at the start of the month, more people come in to get their medications at this time. This means pharmacists are busier, which increases the chance of prescription mistakes.

• Open your prescription at the pharmacy and ask the pharmacist to double check that they gave you the correct medicine. If you think they made a mistake, voice your concerns.

10 Things Your Pharmacist Won't Tell You, SmartMoney

Don't be a victim of pharmacy errors, CNNHealth.com, October 30, 2007

Related Web Resource:
Inside a pharmacy where a fatal error occurred, USA Today, February 14, 2008

Continue reading " Risk of Pharmacy Errors Increases with Busier Pharmacist Workloads " »

The families of Randall Orff, his son Jonathan, and James Hewitt Ingle are suing the Maryland Transportation Authority, driver Stephen Adam Burt, trailer owner Levon Andonian, tractor-trailer driver Joshua Hargrove, Mobile Mini Inc, tractor-trailer driver Edwin Tixon, Ag Trucking Inc, and Travelers Property Casual Co of America for Maryland wrongful death.

The three victims died on May 10, 2007 when a trailer detached from an SUV driven by Burt. The trailer went in front of Orffs’ vehicle, and a seven-vehicle pileup ensued. No criminal charges were filed against Burt.

The $19 million wrongful death lawsuit accuses Burt of negligence because of the manner in which he operated his motor vehicle. It also contends that Andonian was negligent because he did not include a safety hitch pin when he constructed the trailer and accuses the two tractor trailers (and their employers) of negligence because they allegedly drove too fast under the driving conditions of the time and neglected to control their motor vehicles.

The complaint blames the MTA for letting there be two-way traffic on the westbound span of the bridge when there was a history of previous traffic accidents and deaths occurring under the same traffic conditions. They plaintiffs said that the Maryland Transportation Authority should have known that barriers were needed to separate lines and that steps should have been taken to warn drivers that the driving conditions on that part of the bridge were “dangerous.”

A spokesman for the authority police, Sgt. Jonathan Green says the deadly crash didn’t happen because there was two way traffic but because the trailer had come unhitched from the SUV.

Multi-Vehicle Crashes
Determining liability in a multi-vehicle crash can be hard work, which is why you must retain the services of an experienced Maryland personal injury law firm that knows how to investigate these types of cases. You may be entitled to financial recovery from more than one responsible party.

Victims of Bay Bridge crash sue MdTA, other drivers for $19 million, Daily Record, April 23, 2009

$19 million lawsuit filed in 2007 Bay Bridge crash, Hometown Annapolis, April 26, 2009

Related Web Resources:
Maryland Transportation Authority

3 Killed in Bay Bridge Crash, Washington Post, May 11, 2007

According to a new survey, released by the Christopher and Dana Reeve Foundation, 5.6 million Americans have some sort of paralysis. That’s 1 in 50 Americans.

The survey was put together with input from over 30 experts in statistics and paralysis and conducted at over 33,000 households in the country. According to the report, One Degree of Separation: Paralysis and Spinal Cord Injury in the United States, findings included:

• 1.9% of the population in the US has been affected by paralysis.
• Spinal cord injuries are more common than previously thought, with 1.275 million people affected.
• African Americans and Native Americans are among the groups of people that have a higher number of people living with paralysis.
• Low income appeared to be more common in households where someone was affected by paralysis.
• Approximately 1/4th of households where someone had paralysis had one person making $10,000 or less.
• The average age of people who said they were paralyzed is 52.
• 48 was the average age of someone who is paralyzed because of a spinal cord injury.
• Leading causes of spinal cord injuries were work accidents, motor vehicle crashes, and recreational/sporting accidents.
• Other causes of paralysis included multiple sclerosis, stroke, post-polio syndrome, and cerebral palsy.

Living with a paralysis is never easy and a person may require specialized nursing care and have to regularly undergo specific medical treatments and procedures, as well as costly rehabilitation. If you sustained your SCI because another party was negligent, there may be a way for you to obtain financial recovery to help you deal with your injuries, lost wages and benefits, as well as secure the funds you need to support your family.

Our Maryland spinal cord injury attorneys can help you explore your legal options.

One in 50 Americans Lives with Paralysis, Forbes.com, April 20, 2008

You and Your Motorcycle Riding Tips (PDF)

Related Web Resources:
Motorcycle Safety, NHTSA

2009 Motorcycle Safety Awareness, Maryland MVA

In Maryland, the family of a heart patient who died while trapped in a hospital bathroom has reached a wrongful death settlement with Washington Adventist Hospital. Jose Valladares died in 2006.

He went to the bathroom in his room and locked the door. He experienced a cardiac event while using the toilet. The heart monitor he was using showed that his heart rate had decreased.

Hospital staffers in the area were unable to unlock the door immediately because they didn’t have a key. EMS workers and the Montgomery County Fire department broke down the door a number of minutes later but by then Valladares was already dead.

He had been admitted to the Takoma Park hospital just four days before. Washington Adventist Hospital has said that soon after Valladares’s death, all locks were taken off the bathroom doors in the hospital.

Maryland hospitals and nursing homes are supposed to make sure that there are no hazards or unsafe conditions on the premise that could cause injury or death to patients, residents, and visitors. Sick, mentally challenged, elderly, and frail residents are also more susceptible to injury in certain situations than healthier, younger people, which is why long-term care facilities, hospitals, and medical centers must make sure that they make allowances for all possible eventualities to keep everyone safe from harm.

Examples of hazards that could be grounds for a premises liability lawsuit against a hospital or a nursing home:

• Slippery or uneven floors
• Defective beds
• Inadequate security
• Staircases lacking the appropriate handrails
• Exposure to hazardous substances or unsanitary conditions

Family of trapped bathroom patient settles with hospital, WTOP.com, April 20, 2009

Related Web Resources:
Washington Adventist Hospital

Premises Liability Overview, Justia

Many Maryland work zone accidents are avoidable, as long as workers, motorists, and contracting companies take the necessary precautions. For example, contractors need to make sure that construction zones are well marked and easily visibly. Workers should undergo safety training, be given the tools they need to make their work sites safer, and follow the safety rules. Motorists should pay attention and slow down when driving close to a work zone.

Driving too fast is the leading contributing factor of work zone accidents, with rubbernecking also another leading cause. Both workers and motorists are at risk of getting hurt in work zone accidents.

On June 26, 2007, Near Frederick, Maryland, state highway worker Rick Moser was killed when he was hit by a truck and thrown 175 feet while working in a highway work zone. Trucker Brian McCully was charged with negligent driving. He paid a $280 fine. The Motor Vehicle Administration gave him three points for the negligent driving charge. However, since this was a traffic citation, the truck driver didn’t have to go to court. The Moser family later filed a $2.5 million Frederick, Maryland wrongful death lawsuit against McCully for striking Rick with his Chevrolet truck.

Last February, Rick’s wife, Laurie, testified on House Bill 172 that calls for making it a misdemeanor to recklessly contribute to an accident in a highway work zone. The bill would impose a $1,000 fine and time in prison for up to 90 days. In 2007, Maryland police reported 2,250 highway work zone accidents in the state resulting in 11 deaths and 1,140 injuries.

Work Zone Awareness week was held earlier this month in the United States. Traffic safety officials want people to be especially aware of the dangers of careless driving in a work zone accident because spring is often the beginning of the construction season and the time when many motorists get back on the roads.

Work Zone Awareness Kicks Off, ABC2News.com, April 7, 2009

Widow requests tougher law for reckless driving, FrederickNewsPost.com, February 5, 2009

Family of highway worker killed in June files $2.5 million wrongful death suit, FrederickNewsPost.com, September 13, 2007

Related Web Resources:
National Work Zone Awareness Week 2009

US Department of Transportation

Continue reading " Work Zone Accidents Can Be Prevented if Motorists, Workers, and Construction Companies Exercise the Necessary Precautions " »

According to the Maryland Motor Vehicle Administration, the state’s new driver’s license test requires new drivers to show off their driving skills on-road and off-road. This new test is reportedly tougher than the current version, and parents are especially are thrilled that their sons and daughters will have to prove they have the ability to pull off both kinds of road conditions before they can be fully licensed.

First-time drivers, experienced motorists who are licensed to drive abroad, and drivers who have to lost their license and have to take the test over again will all be required to take this new test. Drivers with licenses in other US States and Canada won’t have to take the driving test.

The new test, which is part of an on-road pilot project in Waldorf and Frederick, is expected to move to Baltimore and the Washington Metropolitan areas in the fall before being adopted throughout the state in 2010.

The MVA also says it will revise the written portion of the driver’s licenses test. The Maryland Highway Safety Foundation has been calling for changes to be made to the current test, which Foundation co-chairman David Nevis says puts too much emphasis on parallel parking and doesn’t pay enough attention to high-speed merging. MVA administrator John Kuo says the new test will emphasize defensive driving and test a driver’s actual driving skills.

It is important that all Maryland drivers understand the rules of the road so that they know how to drive safely. Negligent, careless, or reckless driving, driver ignorance, and other driving mistakes can lead to deadly Maryland car accidents and can be grounds for personal injury or wrongful death claims against the liable motorist.

Just recently, an 82-year-old Carroll County woman died in Sykesville when her car was in a collision with another vehicle. According to Police, Maggie Ringley Saylor ran a red light on route 26. She was later pronounced dead at a local hospital.

Continue reading " New Maryland Motorists Will Have To Pass Tougher Test to Prove They Are Ready to Drive On State Roads " »

In Maryland, the city of Annapolis has reached a confidential settlement with two men who say that a police officer wrongfully arrested and beat them. Their lawsuit stemmed from two separate alleged police brutality incidents on March 30, 2005 and on August 19, 2005.

According to the Maryland police brutality lawsuit of Quinton T Smith and Jose Louis Meneses-Araiza, the two men were separately arrested and beaten without cause by Annapolis Police Officer Gary Black. The plaintiffs alleged false arrest, battery, false imprisonment, unlawful search and seizure, and conspiracy by Black and were seeking to have a civil jury determine compensatory damages, punitive damages, and attorney fees.

Menesez-Araiza, 28 sustained serious head trauma after his altercation with Black on March 30, 2005. He underwent brain surgery and his medical expenses were over $70,000. According to the Maryland police brutality complaint, Menesez-Araiza approached Black and another officer while they were talking to some Hispanic men they had stopped over a traffic violation. Menesez-Araiza offered to help translate.

Black ordered to him to leave the scene and when he didn’t do so immediately, he arrested him and repeatedly kicked and punched him until Meneses-Araiza fell, hit his head, and lost consciousness while at the police station.

Black and another cop then called an ambulance but, according to the lawsuit, did not tell dispatchers that Meneses-Araiza had struck his head. As a result, paramedics took him to Anne Arundel Medical Center believing he may have had a drug overdose. Following a CT scan, he was flown to Maryland Shock Trauma Center in Baltimore where he underwent a craniotomy. However, an Internal Affairs investigation into Black’s conduct during the Mach 30, 2005 incident determined that he didn’t do anything wrong.

As for Smith, he claims he got hurt on August 19, 2005. He says he saw Black and other police officers arresting another man and reportedly yelled out that they were being too rough. They told him to leave, but before he could, the lawsuit contends, Black approached and tried kicking his legs out from under him. The police officer also allegedly smashed Smith’s face into the ground. Smith, who had to have stitches on his lip, was taken into police custody and charged with failure to obey a police officer. The charges against him were eventually dismissed.

Black is no longer with the Annapolis police force, but the attorney for the city maintains that he did nothing wrong. The two plaintiffs received separate Maryland police brutality settlements.

City settles police brutality lawsuit, HometownAnnapolis.com, April 14, 2009

Annapolis Settles Police-Brutality Lawsuit, Washington Post, April 14, 2009

Related Web Resources:
Annapolis Sued for Police Brutality, Maryland Accident Law Blog, March 31, 2008

Top 5 Police Brutality Videos, The Huffington Post, July 30, 2008

In Maryland, Delegate Andrew A Serafina is cosponsoring a bill calling for extending the period of time that new drivers must have their learner’s permits and provisional licenses before they can receive an official driver’s license. The bill calls for increasing the age that a teen driver can get his or her provisional license to 16 years and 6 months and delaying when they can get their full driving privileges to age 18.

The legislation also includes a ban that would prevent drivers younger than 18 from driving around other minors for the first 9 months of having a license. At that point, the teen driver would only be allowed to have one minor in the car with him or her for the next nine months or until turning age 18.Current state law prevents minors with provisional licenses from having for the first 151 days any occupants in the vehicle who are under 18 that are not family members.

Following the enactment in 2005 of the latest passenger restrictions for teen drivers, there was a decrease in the number of passengers injured in teen driving accidents from over 1,000 annually (from 2003 – 2005) to less than 800 a year (from 2006 – 2007). The number of passengers killed in Maryland teen driving accidents went down from about 13 a year to approximately 8 annually.

Studies show that teen drivers are more likely to engage in aggressive driving or speeding when they are accompanied by other teenagers. Teens are also more likely to get easily distracted.

The Insurance Institute for Highway Safety Says:

• Teen drivers make up the majority of teens that are killed in auto accidents.
• Many teenagers also have died as vehicle occupants.
• 39% of 16-19 year olds killed in Maryland traffic accidents from 1998 to 2007 were motor vehicle passengers.
• 76% of the 16-year-old vehicle occupants that died in Maryland motor vehicle accidents were teen drivers.

Measure would restrict new drivers in Md., March 28, 2009

Deciphering Details Might Necessitate a Map, The Washington Post, March 28, 2009

Related Web Resources:
Passenger and Nighttime Restrictions for Young Drivers, IIHS.org (PDF)

Senate Bill 265

House Bill 303

Continue reading " Maryland Teen Driving Bill Proposes Extending Time New Drivers Must Hold Learner’s Permit and Provisional License " »

A Maryland wrongful death settlement has been reached between a woman whose husband and 10-year-old daughter died after being exposed to CO and the Bay Shore Development Corp, Heat Transfer Products, R.E. Michel Co., and All About Plumbing. Yvonne Boughtner’s carbon monoxide lawsuit had sought $30 million in damages.

In 2006, Yvonne was on vacation with her husband Patrick, 30 and their daughters Kelly, 10, and Morgan when carbon monoxide started leaking from a disconnected water heater pipe at the at the Days Inn Hotel in Ocean City. Patrick and Kelly died in the hotel room, while Yvonne and Morgan were transported to Baltimore where they were admitted to the University of Maryland Shock Trauma Center.

A fire marshal report noted that the heater right under the family’s room was leaking CO. The heater was reportedly only meant for residential use and not for commercial use.

Yvonne's first 911 call reportedly garnered a delayed response by emergency officials because they got her call confused with another call made from the hotel by another family. She called them again four hours later, but by the time the emergency team got there her daughter and husband were no longer alive. According to Ocean City, the emergency responders did nothing wrong.

Yvonne filed her Maryland wrongful death lawsuit in February 2008. Since then, the defendants have filed a number of counter-claims blaming each other for the deadly accident. The terms of the out-of-court settlement with Yvonne are confidential.

According to a local government Web site, the health effects of exposure to carbon monoxide (depending on the degree of concentration) can include:

• Fatigue in people who are healthy
• Cheat pains in people suffering from heart disease
• Headaches
• Impaired vision
• Poor coordination
• Nausea
• Confusion
• Dizziness
• Death, which can even occur if the person is exposed to concentrations under 1%.

Following the deaths of Patrick and Kelly, Maryland's Ocean City now requires that new houses, hotels, and condos have carbon monoxide detectors.

If you or someone you love was seriously injured on another party’s premise because there was a hazardous toxin or another condition on the premise that could have and should have been remedied, you may have grounds for filing a Maryland premises liability claim or a wrongful death lawsuit.

Settlement reached in carbon monoxide suit, Delmarvanow.com, April 7, 2009

Hotel settles suit over Lebanon County pair's deaths, PennLive.com, April 1, 2009

Quick Facts on Carbon Monoxide, EDC.gov.us

For the second year, the Maryland Health Care Commission has made available to consumers the ratings of individual nursing home results based on a survey taken by family members and other responsible parties about the care that their loved ones received at a long-term care facility. The 2008 Maryland Nursing Home Family Experience of Care Survey is available on the Commission’s Web site.

The survey is a collaboration between the nursing home industry, consumers, the Centers for Medicare and Medicaid, advocates, and the Agency for Healthcare Research and Quality. 223 Maryland nursing homes were part of the survey. Short-term skilled nursing care and rehabilitation after a hospital stay were not included.

Some 9,645 of the 17,057 responsible parties who were contacted sent in survey responses by the January 13, 2009 due date. For participants to take part, their sick or elderly loved one had to have lived in a Maryland nursing home for at least 90 days. Areas rated for 2008 include the care residents received, administration and staff, food and meals, resident rights, resident autonomy, and physical aspects.

Average scores for overall care was 8.2 out of 10, which is the same as the year prior. 89% of respondents said they would recommend the Maryland nursing home that they were evaluating to others. Health officials are hoping the survey findings will help responsible parties who are trying to determine where to house a patient.

Choosing a Maryland Nursing Home
Choosing a nursing home for your loved one is a big step. It is important that you perform your due diligence about the long-term care facility you eventually select. This will hopefully minimize the chances of your loved one becoming the victim of nursing home abuse or nursing neglect.

The Centers for Medicare and Medicaid recommends a number of steps when choosing a nursing home, including:

1) Getting a list of nursing homes in your area and asking family, doctors, neighbors or friends for any recommendations.

2) Making sure that you compare the quality of care offered by the different nursing homes that you are considering. You can visit the Medicare’s Nursing Home Compare Web site for a list of homes in Maryland and find out how they are rated for the care they provide.

3) Visit the nursing homes you are considering so you can get a firsthand look at how current patients are taken care of, whether or not they appear happy and secure, and if you like the nurses and other workers and whether they seem attentive to the residents. You can also personally evaluate the facilities and services.

2008 Maryland Nursing Facility Family Survey, Maryland.gov (PDF)

Guide to Choosing a Nursing Home, Medicare.gov

Related Web Resources:
Nursing Home Compare, Medicare.gov

Maryland Nursing Home Guide, Maryland Health Care Commission

Continue reading " Maryland Health Care Commission Presents 2008 Maryland Nursing Home Family Experience of Care Survey " »

The Maryland Senate has passed a bill that would allow speed cameras in school zones and construction zones. The approval of the legislation, by a 27-20 vote, came one day after the Senate had vetoed the bill authorizing the statewide use of speed cameras to apprehend violators. The House is expected to vote on the measure next week.

A number of Maryland senators had opposed the bill over concerns that the cameras were an invasion of privacy and were being used by local governments to generate revenue. In Montgomery County, where 54 speed cameras are in use, some 500,000 citations have been issued, resulting in over $16 million in fines after costs. However, supporters of the speed cameras are quick to note that they have helped reduced the number of Maryland motor vehicle crashes because they compel people to obey the legal speed limits.

Also, an examination of several locations where speed cameras have been in operation shows that the speeds that motorists operated their vehicles at dropped by 22% after cameras were installed. For example, in Chevy Chase, there are speed cameras installed in a heavily traveled area of Connecticut Avenue. Since the devices were put in place, the number of speeding motorists dropped by 73%, as did the number of auto accidents (from 67 during the last year when there were no cameras to 44). Other Maryland municipalities where speed cameras are already in use include Takoma Park, Gaithersburg, and Rockville.

The Maryland Senate bill calls for making driving 12 miles above the speed limit grounds for a speeding ticket.

In February, the Insurance Institute for Highway Safety presented a number of research findings about speeding before the Maryland Senate Committee on Judicial Proceedings on Senate Bill 277. Among the findings:

• In 2007, speeding contributed to over 13,000 motor vehicle deaths.
• 24% of the deadly accidents that happened that year occurred on roads where the speed limit was 35 mph or lower.
• 88% of speeding-related deaths occur on interstate highways.
• Speeding can refer to going faster than the posted speed limit, driving faster than the weather conditions allow, or racing.

Maryland Senate Amends Speed Camera Bill to Include School Zones, WJLA.com, April 1, 2009

Senate Revives Bill to Allow Use of Technology Beyond Montgomery, Washington Post, April 3, 2009

Research on Automated Speed Enforcement, Insurance Institute for Highway Safety, February 24, 2009 (PDF)

Related Web Resources:
Maryland Senate Bill 277

Analysis of Speed Camera Bill (PDF)

Continue reading " Maryland Senate Passes Speed Camera Bill " »