December 2009 :: Maryland Accident Law Blog

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Posted On: December 30, 2009

Texting While Driving Increases Maryland Car Crash Risks, Confirm Psychologists

University of Utah psychologists are saying that texting while driving increases a motorist’s crash risk by six times. The study can be found in the latest edition of Human Factors, a journal.

According to the researchers, texting presents a 50% greater car crash risk than talking does. One reason for this is that reading or writing texts takes a driver’s attention completely off the road. Meantime, talking on the cell phone while driving at the same time divides the motorist’s attention between both tasks. However, this is not to say that it is safe to talk on the phone while operating an auto.

The study’s lead psychologist, Frank Drews, says that he and other researchers asked 20 motorists, ages 19 to 23, to drive in a “high fidelity driving simulator.” All of the participant drivers were seasoned texters.

The researchers say that compared to drivers who did not text or talk on the cell phone, motorists’ median reaction time went up 30% while they texted. Drivers’ median reaction time rose by 9% when talking on a cell phone. The study also reports that it is more distracting to read text messages than it is to compose them.

Distracted Driving Accidents
This past year, federal and state transportation safety officials have stepped up their efforts to make sure motorists are aware of how dangerous it is to text while driving. In September, Maryland’s statewide ban on sending texts while driving went into effect. Also that month, federal transportation officials kicked off a two-day distracted driving summit in Washington DC. This week, the National Highway Traffic Safety Administration launched it’s distracted driving Web site, and President Obama’s executive order banning all federal workers from texting when driving goes into effect today.

Unfortunately, distracted driving continues to be a leading cause of Maryland car crashes. Like drunk driving accidents, distracted driving crashes are preventable.

Research: Texting while driving leads to six-fold increase in accidents, TopNews, December 22, 2009

Texting While Driving Raises Crash Risk Sixfold, BusinessWeek, December 21, 2009

Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

Distraction.gov

Human Factors and Ergonomics Society

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Posted In: Bus Accident , Car Accidents , Truck Accidents

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Posted On: December 21, 2009

Simplicity Drop-Side Cribs Linked to Eleventh Infant Death

The Consumer Product Safety Commission is once again warning parents, adults, and child caretakers about the dangers of using a Simplicity drop-side crib. An 11th child death has been linked to the defective cribs. The crib's plastic hardware is prone to deformity and breakage. If this occurs and the drop side detaches, a space can open up between the crib mattress and the side of the crib that a toddler or a sleeping baby can fall into, becoming entrapped and suffocating.

The CPSC has recalled all Simplicity drop-side cribs—over 2 million—in the last four years. However, Simplicity is not the only crib maker whose drop side cribs have been recalled. Last month, the CPSC recalled 2.1 million Stork Craft Manufacturing drop-side cribs after reports of four infant suffocations. Two of the other drop-side sleeper recalls: 1.6 million Delta drop side cribs following two infant deaths and about 2000 Playkids USA portable cribs after a 5-month old suffocated when he became entrapped between the drop-side rail and the mattress.

While drop-side cribs are popular with consumers because the side that drops makes it easy for adults to lift their kids into and out of the supposedly secure beds, there have been so many reported child injuries and deaths involving this kind of crib that some crib manufacturers have called for a ban on all drop-side cribs. Broken and missing pieces, poor design, poor assembly directions, and defective materials are some of the product defects that have led to drop-side crib-related entrapment accidents, fall accidents, and strangulation accidents.

Our Maryland injuries to minors and children lawyers handle products liability claims for families seeking damages for a child's personal injury or wrongful death. We'd be happy to discuss your defective crib case during your free consultation.

Drop-side cribs are not the only child sleepers considered an entrapment hazard. Last month the CPSC recalled approximately 24,000 Amby Baby Motion Beds/Hammocks. Two infants died from suffocation while in an Amby Baby Hammock. The movement of the hammock makes it easy for the infant to roll into and get stuck against the mattress pad and/or fabric.

11 baby deaths now linked to Simplicity cribs, AP/Google, December 17, 2009

Infant Suffocation Deaths Prompt Recall of Amby Baby Motion Beds/Hammocks, CPSC, December 8, 2009

Related Web Resources:
Crib Safety, HealthBanks

Will Drop-Side Cribs Be Banned?, ParentDish

Continue reading " Simplicity Drop-Side Cribs Linked to Eleventh Infant Death " »

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Posted In: Injuries to Minors , Products Liability

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Posted On: December 14, 2009

Family Says Maryland to Blame for Faulty Bay Bridge Construction that Contributed to Truck Driver’s Wrongful Death

The family of truck driver John Short has amended their Maryland wrongful death complaint to include the state as a defendant. Short died in a truck crash in August 2008 when he swerved his tractor-trailer to avoid another vehicle, crashed into a bridge wall, and drove off the Chesapeake Bay Bridge.

In June, the 57-year-old trucker’s family filed a $7 million Maryland wrongful death lawsuit against 19-year-old Candy Lynn Baldwin, who had fallen asleep while driving.

While Baldwin, who had been drinking before the tragic Maryland truck crash, did not have a blood alcohol level high enough for her to be charged with drunk driving, Short’s family says her results would have been different if authorities had tested her BAC right after the truck collision. They have pointed to her MySpace page, which included pictures of Baldwin, a minor, drinking alcohol. One photo shows her holding a bottle of alcohol while she’s seated in the driver’s seat of a motor vehicle.

Now, Short’s family is also suing the state of Maryland for wrongful death. They are citing poor maintenance and inspection of the bridge. While the walls are there as a protective barrier, they obviously weren’t enough to keep Short’s large truck from crashing into the water. Their wrongful death complaint also contends that the two-way traffic allowed the bridge has led to a number of fatalities.

Since the fatal truck collision that claimed Short’s life, Maryland has spent $3 million repairing and inspecting the bridge’s sidewalls.

Truck Accidents Involving Truck Driver Victims
While the majority of truck accident fatalities are the people who weren’t riding in the large trucks when the catastrophic traffic collisions happened, truck drivers do get injured or killed in truck crashes that are caused by other negligent parties.

Md. Named In Fatal Bay Bridge Crash Suit, WJZ, December 12, 2009

Trucker's Family Sues Over Bay Bridge Fatal Crash, ABC2News.com

Related Web Resources:
Maryland

Federal Motor Carrier Safety Administration

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Posted In: Premises Liability , Truck Accidents , Wrongful Death

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Posted On: December 11, 2009

$70 Million Baltimore Personal Injury Lawsuit Accuses Ravens Linebacker Terrell Suggs of Maryland Domestic Violence

Candace Williams is suing Baltimore Ravens linebacker Terrell Suggs for Maryland personal injury. Candace Williams, 26, is seeking $70 million: $50 million in punitive damages and $20 million in compensatory damages.

Williams claims that Suggs physically abused her twice last month. She contends that on November 3, the football player broke her nose when he hit her face. Williams alleges that on November 29, Suggs poured chemical bleach on her body and threatened to drown her in the strong liquid.

She filed a restraining order against him last week. On Friday, a judge granted an order preventing Suggs from contacting Williams.

She is also suing for custody of the two small children she claims she shares with the football player.

No criminal charges have been filed against Suggs over Williams’ allegations. Police say they don’t have a record of emergency phone calls made from the home that Williams and Suggs share.

Maryland Personal Injury
If you have been a victim of physical assault, you may have grounds for filing a Maryland injury lawsuit against your assailant. A civil complaint is separate from a criminal case and allows an injury victim to obtain financial recovery for any harm suffered. Personal injury compensation can include damages for medical costs, recovery, pain and suffering, lost wages, and other damages.

There are domestic violence victims and victims of other violent crimes inflicted by stranger assailants that have sued their attackers and won. Examples of personal injuries stemming from assault crimes can include bruises, broken bones, gunshot wounds, traumatic brain injuries, emotional trauma, mental anguish, and wrongful death. There also may be other parties that can be held liable.

A Maryland personal injury plaintiff has three years to file a lawsuit seeking damages.

70 million suit filed against Suggs, Baltimore Sun, December 11, 2009

Protective order granted against Ravens linebacker, SI.com, December 11, 2009

Related Web Resource:
Terrell Suggs, NFL

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Posted In: Personal Injury

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Posted On: December 5, 2009

Psychiatrist Accused of Sexual Misconduct Has Settled Maryland Injury Lawsuits from Alleged Victims

Psychiatrist Nelson H. Hendler is defending himself in a case brought by a former patient who says that he sexually abused her. This is not the first accusation against the once prominent physician, who lost his license to practice medicine in February 2006 after the Maryland Board of Physicians determined that he committed sexual misconduct against several patients and gave out medication even though he didn't have the proper permit.

The woman who brought this case claims that Hendler acted with her the way he did with his other patient victims. He allegedly convinced a number of patients that he was the only person who could help them and then took sexual advantage of them. Hendler is also accused of giving medication to women, even those who didn't have prescriptions for the drugs, in exchange for sexual favors. Hendler has already settled a number of Maryland injury lawsuits against him from some of the women that are alleging medical malpractice and sexual abuse.

In 2007, Hendler submitted an Alford plea to one count of possession with intent to distribute drugs. The psychiatrist acknowledged there was enough evidence to convict him but did not plead guilty. He received a probation sentence before judgment, which caused a conviction to be staved off.

Medical Malpractice
Sexual abuse is a crime. Medical professionals can also be held liable for Maryland medical malpractice if they commit sexual abuse, molestation, sexual assault, or rape while treating a patient. Other examples of Maryland psychiatric malpractice include:

• Wrong Diagnosis
• False imprisonment
• Breach of privacy
• Mental abuse
• Medication errors
• Emotional abuse
• Wrong treatment

Trial begins for psychiatrist accused of sexual misconduct, The Baltimore Sun, December 2, 2009

Baltimore Doctor Accused Of Sexual Abuse, WJZ, February 15, 2006

Related Web Resources:
What is psychiatric malpractice?, Power2u.org

Medical Malpractice, Nolo

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Posted In: Medical Malpractice , Sexual Abuse

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Posted On: December 1, 2009

Maryland High School Football Player Killed in Howard County Car Accident

A 17-year-old high school football player is dead following a tragic single-car accident that occurred early Sunday at around 3am. Steven Dankos and teammate and best friend Thomas Erdman were riding in a pickup truck driven by Edrman’s brother, David Dixon Edrman, when the 22-year-old lost control of the truck, which then struck three decorative stone pillars before overturning.

Dankos was pronounced dead at the Howard County car crash site. Thomas and David sustained injuries. David is charged with homicide by motor vehicle while intoxicated, driving under the influence, and manslaughter by motor vehicle.

Drunk Driving Accidents
Drunk driving crashes are preventable. Yet every year, thousands of people are killed in the US because someone was driving drunk.

NHTSA 2008 Alcohol-Impaired Driving Facts

• 11,773 drunk driver-related deaths
• That’s 1 alcohol-related car crash death every 45 minutes

Drunk driving is a crime and also a form of negligent driving. A person who is driving under the influence of alcohol or drugs has impaired reflexes and senses and may not realize that he or she is speeding or about to collide with another vehicle or into oncoming traffic. Losing control of an auto when someone is inebriated is easy. It is the consequences and repercussions that follow which can be hard to live with.

A drunk driving conviction usually results in jail time. It can also destroy the lives of any victims, surviving family members, and the drunk driver who likely never intended to harm anyone.

After the season, the greatest loss, Washington Post, November 30, 2009

River Hill football player remembered as 'great kid', ExploreHoward, December 1, 2009

Related Web Resources:
Groups press for tougher drunk driving laws, Baltimore Sun, November 1, 2009

Drinking & Driving

Mothers Against Drunk Driving

Continue reading " Maryland High School Football Player Killed in Howard County Car Accident " »

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Posted In: Car Accidents , Injuries to Minors

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