August 27, 2010

Pedestrian and Bicyclist Killed in Baltimore Tractor-Trailer Accidents

Police have identified the pedestrian killed in Thursday’s Baltimore tractor-trailer crash on Interstate 95 as Michael A. Coll, 36.The cause of the Maryland traffic crash is still under investigation. Following the deadly collision, all northbound roads were temporarily closed.

Coll’s death comes just two days after New Windsor bicyclist John Martin Jr.,51, was fatally struck in Union Bridge on Route 75 by a semi-truck that was making a right turn. According to a preliminary probe, trucker Anthony Edward Woodie failed to yield to the bicyclist when turning. He may face criminal charges.

Our Baltimore truck crash lawyers want to remind you that it is important that you not speak with the other party’s insurer without exploring your legal options first. Many trucking companies will take persuasive action to get you to settle for less than you may be owed for your injuries or a loved one’s death. It is important that you have a Maryland personal injury law firm advocating on your behalf.

In other recent Maryland truck accident news, the driver of a Corvette was injured on August 20 when his vehicle was mangled during a collision with a tractor-trailer on the Chesapeake Bay Bridge. Police have said that they believe the truck rear-ended the car.

Our Owing Mills truck accident law firm represents vehicle occupants, pedestrians, bicyclists, and truck drivers injured in Maryland traffic crashes. We represent Maryland injury victims from all towns, cities, and counties. Your first consultation with Lebowitz & Mzhen is free.

Police identify man struck, killed by tractor-trailer on I-95 in Dundalk, The Baltimore Sun, August 27, 2010

Carroll Co. cyclist killed after collision with truck, The Baltimore Sun, August 25, 2010

Tractor Trailer Rear Ends Car On Bay Bridge, WJZ, August 20, 2010

UNION BRIDGE: Man dies after being struck by tractor-trailer, Carroll County Times, August 24, 2010


Related Web Resources:
Trucking Accident Lawyer Blog

Maryland Car Accident Attorney Blog

Federal Motor Carrier Safety Administration

August 9, 2010

Family Members on Bike Ride Injured in Anne Arundel County Car Crash Because Motorist Allegedly Lost Control of Vehicle

Three members of a family of four who were on a bicycle ride on Sunday morning were injured in Anne Arundel County when they were hit by a car driven by a Laurel woman who lost control of her 2001 Nissan Altima. The driver of the vehicle, 63-year-old Laurel resident Romota Olumemisi Koletowo, died from her Maryland car accident injuries. She had to be extricated from her car, which had rolled over.

According to police, Koletowo drove her vehicle off the road, struck a light pole, and crossed a bike path before hitting the bench where 36-year-old Franz Clementschitsch was sitting. He was thrown some 38 feet and had to be rushed to the hospital for treatment of his life-threatening injuries.

Clementschitsch’s wife, Susanne, 38, and one of their 4-year-old twin sons, sustained injuries from the flying debris. All three of them were taken to Maryland hospitals, where they were admitted in serious condition.

The Anne Arundel car accident happened as Koleweto was driving home from work after completing a graveyard shift. Police are trying to determine whether a medical emergency or driver exhaustion played a role in the Maryland injury accident.

Maryland Car Accidents
There are many reasons why a motorist might lose control of a vehicle. Sudden unintended acceleration caused by an auto defect, drunk driving, distracted driving, driver fatigue, driving under the influence of drugs or prescription medication, driver inattention, driver inexperience, and overcorrecting a vehicle too much are several examples of these reasons. In some cases, the driver’s negligence or carelessness can be grounds for an Anne Arundel County personal injury or wrongful death case. There also may be other parties, such as the manufacturer of a defective vehicle part or a car repair store whose maintenance work was inadequate, who should be sued.

1 dead, 3 hurt when car crashes into family on bicycle ride, The Baltimore Sun, August 8, 2010

Woman killed, family injured in Laurel crash, Hometown Annapolis, August 9, 2010


Related Web Resources:
Current Bicycle Laws, Maryland Department of Transportation

Pedestrian Injuries, Prevent Injury.org (PDF)

Maryland Car Accident Attorney Blog

July 12, 2010

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident

A 14-year-old girl and a 3-year-old boy were injured during an East Baltimore car accident yesterday afternoon. The two children were close to the intersection of North Highland Avenue and East Fayette Street when they were hit by a car. Charges are pending against the motorist that struck them.

Child Pedestrian Accidents
Many children lack the judgment and experience to protect themselves from Maryland pedestrian accidents. Although drivers must always refrain from negligent driving to avoid striking pedestrians of any age, they must exercise extra caution around children.

Steps motorists can take to avoid striking child pedestrians:
• Drive at a slower speed in residential neighborhoods and areas where children are likely to be playing or walking to and from school.

• Obey traffic signs and signage and respect crosswalks and speed limits.

• When backing up your car, do so cautiously and slowly. Many child pedestrians are injured in backover accidents each year.

• Don’t text message or talk on the phone while driving.

• Keep your eyes and attention on the road at all times.

In 2008, 270 children in the 14 and under age group were killed in US pedestrian accidents. Our Baltimore injuries to children and minors lawyers have seen the devastating toll pedestrian accidents can take on the victims and their families.

Serious Maryland pedestrian injuries have included traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and wrongful death.

Teen, toddler hit by car, injured; charges pending against driver, Baltimore Sun, July 11, 2010

Children: 2008 Traffic Safety Facts, NHTSA (PDF)


Related Web Resources:
Pedestrian Safety, CDC

Pedestrians, NHTSA

Maryland Car Accident Attorney Blog

Continue reading "Toddler and Teen Pedestrians Injured During East Baltimore Car Accident" »

February 20, 2010

Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages

Maryland lawmakers are planning on making read text messages while driving illegal. The current texting while driving ban, which went into effect last year, only bans drivers from sending text messages. There also may be enough support to ban the use of hand-held cell phones while driving, especially as the newer phones include applications that allow drivers to e-mail, Facebook, Twitter, and browse the Internet. Currently, school bus drivers and drivers with provisional licenses and learner’s instructional permits are not allowed to talk on any kind of cell phone while operating a motor vehicle. Lawmakers, however, want to do more to decrease the number of Maryland car accidents.

According to the Harvard Center of Risk Analysis, about 636,000 auto crashes a year involved someone using a cell phone. 2,600 fatalities and 330,000 injuries have resulted from these distracted driving accidents. The National Safety Council says that the number of car crashes caused by cell phone (talking and texting) use—1.6 million auto collisions—is even higher. Meantime, the Insurance Institute for Highway Safety and the Highway Loss Data Institute have reported that the number of car crashes in states with handheld cell phone bans doesn’t seem to have gone down.

The Maryland General Assembly has struggled with how much restriction to place on cell phone driving activities. However, there is no longer any doubt that texting while driving increases a motorist’s Maryland motor vehicle accident risk dramatically. While the act of texting is harmless in and of itself, it is the fact that motorists become distracted, taking their eyes and mind off the road and their hands off the steering wheel, that makes texting while driving such a dangerous driving activity. People have even compared its degree of dangerousness to the perils presented by driving while drunk.

Just this week, a jury convicted a man of killing a pedestrian while he was engaged in distracted driving. Prosecutors claim that he was texting.

In most cases, the distracted driver never intends to hurt anyone. Yet unfortunately, Maryland personal injuries and wrongful deaths do happen.

Lawmakers want to tighten ban on texting while driving, The Baltimore Sun, February 19, 2010

Costa Mesa driver found guilty of killing nanny in 2008 road accident, Daily Pilot, January 27, 2010

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

FocusDriven

February 6, 2010

Maryland Police Say Frederick County Car Accident Caused by Teen on Cell Phone

A 17-year-old driver is accused of causing a serious Frederick County, Maryland car accident while talking on a cell phone on Wednesday. The young driver was merging onto Interstate 70 when he allegedly rear-ended a 1999 Jeep Cherokee driven by Norman Hayter, Jr., a Middletown resident. Police say that the juvenile did not realize that road work had caused traffic to slow down.

Hayter, 58, was seriously injured in the Maryland auto accident. He was transported by air to Washington County Hospital.

Meantime, the teen driver sustained minor injuries. He is charged with negligent driving.

Distracted Driving
Teen drivers, who are more easily distracted and less experienced than their older motorist counterparts, are already at greater risk of being involved in a motor vehicle collision. Add the additional distraction of talking on a phone or texting while driving, and the consequences can prove fatal.

In Maryland, drivers younger than age 18 with a provisional or a learner driver’s license are prohibited from using any kind of cell phone while driving. All other motorists are allowed to drive and use a cell phone at the same time. Sending text messages while driving in Maryland is banned.

Although it now has been confirmed that talking on any kind of cell phone is dangerous—there is no US state that completely bans this distracted driving habit and there are only six US states that ban the use of handheld cell phones—it is impossible to ignore the fact that at least 1.6 million US motor vehicle accidents a year are caused by texting and cell phone using drivers.

If a motorist causes a car accident while talking on a cell phone, he or she can be charged with negligent driving, and injury victims may choose to file a lawsuit for Maryland personal injury or a wrongful death.

Police: Teen on Cell Phone Causes Bad Accident, Your4State, February 4, 2010

Teen motorist talking on cell phone strikes stopped SUV, The Herald-Mail, February 3, 2010


Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association, February 2010

National Safety Council

Continue reading "Maryland Police Say Frederick County Car Accident Caused by Teen on Cell Phone " »

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

Continue reading "Texting While Driving Increases Maryland Car Crash Risks, Confirm Psychologists" »

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" »

November 2, 2009

John Hopkins University Student Dies from Injuries Sustained During Baltimore Pedestrian Accident involving Hit and Run Pickup Truck

Miriam Frankl, 20, died on October 17 from the serious head wounds and other injuries she sustained during a Baltimore hit and run accident that occurred the day before. Frankl, a Johns Hopkins University student, was struck by a white Ford F-250 moving at a high speed on St. Paul Street during a hit and run Maryland truck crash. Witnesses say that the driver of the truck, a man, did not stop. Instead, he allegedly made an illegal left turn onto East University Parkway.

Frankl was placed on life support at Maryland Shock Trauma Center where she died at 2:30am the next day. Thomas Meighan Jr., the 39-year-old truck owner, was initially arrested on at least 18 driving offenses.

Witnesses say that Meighan’s truck drove erratically for hours that day, tailgating, attempting to cut off other motorists, making abrupt lane changes, running several red lights, driving at high speeds on small roads and driving the wrong way.

Most of the lesser charges have been dropped. The remaining charges against Meighan include driving on a suspended license, failure to remain at the scene of an accident involving death, failure to stop vehicle at bodily injury accident, failure to stop vehicle at death accident scene, failure to render reasonable assistance to injured person, failure to furnish required ID and license, failure to stop after accident involving vehicle damage, and failure to remain at scene of vehicle damage accident.

Police are trying to figure out whether they can charge Meighan with vehicular manslaughter in the hit-and-run death of Frankl. Meighan claims he was not driving his car on the day of the deadly Baltimore car crash that claimed the 20-year-old’s life.

Prior to the October 16 Maryland pedestrian accident, Meighan already had 21 motor vehicle convictions. 8 of those convictions were for drunk driving. Over six of the offenses took place in Carroll County.

Driver's truck terrorized Baltimore before killing student from Wilmette, Chicago Tribune, October 27, 2009

Charges pared in hit-and-run, The Baltimore Sun, October 28, 2009


Related Web Resources:
Hit and Run Maryland, Deadly Roads

Maryland Department of Transportation

Continue reading "John Hopkins University Student Dies from Injuries Sustained During Baltimore Pedestrian Accident involving Hit and Run Pickup Truck" »

October 12, 2009

Harford County Woman Dies in White Marsh, Maryland Semi-Truck Crash

A Harford County woman has died after the sport-utility vehicle she was driving collided with a semi-truck on Sunday morning. Linda Buckland, 57, was pronounced dead at Maryland Shock Trauma. Her husband, 62-year-old Charles Buckland, sustained critical injuries.

Buckland was reportedly driving a Chevy Tracker west on Pulaski Expressway when the semi-truck crash happened. The Kenworth tractor driver, Irvine Jones, was charged with multiple violations.

Involvement in any kind of large truck crash can be overwhelming and frightening. This is not the kind of Maryland injury case that you want to handle alone. An experienced Maryland truck accident attorney can help you explore your legal options. In the meantime, there are steps that you or your loved one can take to help your case, including:

• Get medical help as soon as possible.
• Do not admit fault or apologize for the truck crash.
• Take pictures of the crash site or ask someone else to do it for you.
• Do not talk to representatives from the trucking company or their insurance company until you talk to a Maryland injury lawyer.
• Document as much as you can about what happened during and after the accident.
• Collect witness contact information and document their accounts.
• Let your insurer know you were involved in a truck crash.
• Contact a Maryland truck crash law firm as soon as possible.

There may be multiple responsible parties that can be held liable for causing your Maryland truck accident. An experienced Baltimore County truck crash law firm will know how to determine who these parties are and how they may have contributed to causing your semi-truck collision.

One killed in truck-SUV crash in White Marsh, The Baltimore Sun, October 12, 2009

Related Web Resources:
Trucking Accidents, Nolo

Truck Accidents Overview, Justia

October 7, 2009

NHTSA Says More Traffic Deaths Occur on Rural Roads

The National Highway Traffic Safety Administration reports even though more car accidents happened in urban areas, 56% of the 37,261 traffic deaths that occurred in 2008 took place on rural roads. There were 20,905 rural traffic deaths last year.

One reason for the number of deaths that occur in rural areas is that people tend to drive faster on roads that are not as designed and engineered as well as they are in urban areas. Two of the other reasons that rural auto accident deaths happen is people failing to use seat belts or driving drunk. It can also take longer for medical help to arrive at a rural car accident site. 222 of the 591 Maryland traffic fatalities in 2008 occurred in rural areas.

Findings from another traffic accident study, recently discussed in ScienceDaily.com, affirmed the NHTSA’s findings that driving in rural areas is not safer than driving in urban areas. The study, conducted by researchers abroad, reports that:

• Fatality crash risk in surrounding districts is 40% more than for city dwellers.
• Country inhabitants have a crash risk that is up to three times higher.
• The chance of sustaining serious injuries during a rural car crash is 70-100% greater than in cities.

Many people may harbor the misconception that driving in a metropolitan area is more dangerous. This may cause them to drive more cautiously than they would when driving on a rural road where there is less traffic. Obviously, this is not the case.

A driver whose negligence causes a catastrophic Maryland car crash can be held liable for personal injury or wrongful death—not to mention that he or she could end up serving time in jail while having to cope with the guilt of knowing that his or her careless or reckless acts contributed to someone getting seriously hurt or dying.

Our Maryland injury lawyers represent traffic crash victims who were injured in motorcycle accidents, truck crashes, bus collisions, pedestrian accidents, and bicycle collisions in both rural and metropolitan areas throughout the state. Contact Lebowitz & Mzhen today.

More Motorists Die on Rural Roads, USA Today, October 7, 2009

Cities Less Dangerous Than Rural Regions, Traffic Accident Study Shows, Science Daily, September 8, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Maryland State Highway Administration

September 28, 2009

Preventing Maryland Car Accidents: Law Making Texting While Driving Illegal Goes Into Effect on Thursday

This Thursday, in an attempt to decrease the number of Maryland car crashes caused by distracted drivers, texting while driving will become illegal in the state. Anyone caught sending or receiving texts while operating a motor vehicle will be charged with a misdemeanor offense punishable by a $500 fine.

Lawmakers and many residents are hoping that the ban will prevent motorists from engaging in this bad habit that studies prove dramatically increases a driver’s car crash risk. Maryland State Highway Administration spokesperson Lori Rakowski notes that it is impossible for a person to drive safely while texting because both activities usually require the use of both hands and eyes.

A vehicle moving at a speed of 65 mph for just one second will have traveled 100 feet. This means that even just one (usually, texting requires more) second spent not looking at the road can cause a driver to crash into another vehicle, drive into a work zone, or strike a pedestrian who is running across the street.

Maryland law does not prohibit drivers from reading messages, using applications, or playing games. It also does not explicitly bar motorists from writing or sending Facebook messages, Twittering, or emailing. While Assistant Attorney General Kathryn Rowe says the new law can be interpreted to ban all forms of messages, one defense attorney says that legislators would have been explicit about stating such a complete bar if that was what they intended.

Texting while driving has caused many fatal motor vehicle crashes in recent years. It is also a negligent act that can be the grounds for a car accident victim or his or her family to file a Maryland injury complaint or wrongful death lawsuit.

AAA and the AAA Foundation for Traffic Safety says that about 8,000 traffic accidents a day involve a motorist who was engaged in distracted driving.

Texting while driving a road hazard, Baltimore Sun, September 27, 2009

To text or not to text, AAA Club South says “not," WSAV, September 28, 2009

Related Web Resources:
The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation for Traffic Safety

Maryland Highway Safety Laws, GHSA

Continue reading "Preventing Maryland Car Accidents: Law Making Texting While Driving Illegal Goes Into Effect on Thursday" »

September 21, 2009

University of Maryland Student’s Mother Awarded $4 Million Prince George’s County Wrongful Death Verdict Over Deadly Bowie Car Crash Involving Off-Duty Cop

Nearly two years after University of Maryland student Brian Gray was killed in a deadly car accident involving an off-duty cop driving a police cruiser, a jury has awarded his mother, Mary Gray, over $4 million for his Prince George's County wrongful death.

Gray, a college junior, was driving to campus early on the morning of December 10, 2007 when a police vehicle driven by Cpl. Mario Chavez struck his Chevy Beretta. The 20-year-old’s body was thrown 85 feet past the Bowie car accident site, which was at the intersection of Beaverdale Lane and Belair Drive.

Chavez was driving 50 mph in a 25 mph zone. He admits that he drank three to five beers the night before the motor vehicle accident and was driving home after staying at a friend’s house when the fatal collision happened. Authorities did not make Chavez take a drunk driving test at the Maryland car crash scene.

During the Prince George’s County wrongful death trial, a representative from AT & T testified that Chavez either sent or received a text message right before the deadly auto crash happened.

Following the criminal investigation, Chavez was ordered to pay a $260 fine for speeding. No criminal charges were filed against him, and he was allowed to keep working as a police officer in Clinton. Chavez was later placed on administrative leave after a complaint was made against him over another incident that happened in January 2009.

During the civil trial, Mary Gray’s Maryland wrongful death lawyer argued that if Chavez had even been driving no more than 15 miles above the posted speed limit, Brian Gray would not have died.

It took the jury a week to arrive at its verdict. Prince George’s County is expected to appeal their ruling.

Killed student's mother awarded $4 million, DiamondBackOnline, September 21, 2009

Officer involved in fatal accident pays speeding fine, Gazette.net, August 20, 2009


Related Web Resources:
Prince George's County, Maryland

What's the difference between a civil judgment and a criminal conviction?, Nolo

September 14, 2009

Maryland Car Accident Lawsuit: Family of Teen Killed in Crash Plans to Sue Calvert County Sheriff’s Office for Wrongful Death

The family of Dunkirk teenager Rachael Campbell is getting ready to sue the Calvert County sheriff’s office for her Maryland wrongful death. The 18-year-old died on July 24 when the 1997 Buick LeSabre she was riding was hit by a 2006 Ford Crown Victoria cruiser at Route 4 and Apple Way.

The driver of the cruiser, Deputy C. Wayne Wells, was headed to an emergency domestic violence call when the deadly Maryland car crash happened. His vehicle was moving at a speed of 110 mph in a 45 mph zone and his sirens and lights were activated.

Campbell was attempting to cross two northbound lanes when Wells struck her vehicle. Campbell’s vehicle caught on fire and she died at the Maryland auto crash site. Wells sustained life-threatening injuries during the traffic accident but was later released from the hospital.

Per a report issued by Anne Arundel County police Cpl. C. Gregory Russell, the police officer’s car was traveling at a speed of 83 to 87 mph at the point of impact, while the teenager’s car was moving at about 21 mph. The report notes that an untrained person can have a very hard—if not impossible—time determining how fast a vehicle approaching from a lengthy distance might be going.

Experts say the Campbell probably had half a second to see the police car as it approached. Calvert County’s state’s attorney, Laura L. Martin, said the teenager may not have realized that the approaching vehicle was a police car in an emergency situation. Also, even though the vehicle's siren was on, it may not have been audible to oncoming traffic.

Martin noted that while Russell may have been distracted by the emergency situation he was driving to, the police officer’s speed was still “unreasonable.” She determined that deputy’s actions were not at the level of gross negligence that manslaughter charges were necessary. Martin also said that Campbell was not at fault.

Meantime, the Calvert County Sheriff's office doesn't intend to file criminal charges against Wells, who was rushing to an emergency situation. The department, however, will review current policy to prevent such deadly accidents from happening in the future.

The wrongful death lawyer for Campbell's parents, however, say that if Wells stayed in his lane and had driven at a reasonable speed, he would have avoided striking the teenager's car.

It is the responsibility of police officers to drive their vehicles safely—whether they are headed to a particular incident or pursuing a suspect. Unfortunately, there have been incidents involving innocent bystanders who were seriously injured or killed in a traffic accident because a police car or ambulance was going too fast.

In certain cases, an investigation into the incident might lead to criminal charges against the police officer who was driving the vehicle. Even if that doesn’t happen, however, you still may have grounds for filing a Maryland wrongful death case.

Family to Sue Sheriff's Office In Teenager's Fatal Crash, The Washington Post, September 13, 2009

Teen killed in Dunkirk auto accident with police cruiser, Calvert News, July 27, 2009


Related Web Resources:
Calvert County Sheriff's Department

September 7, 2009

Study Reveals that Marylanders Want Tougher Drunk Driving Measures

A study by the University of Maryland School of Public Health reports that Marylanders want tougher drunk driving laws. Per the survey conducted, 7.5% of the approximately 850 participants this year admitted to driving after having several drinks within the last month. 13% of survey participants admitted to drinking and driving when the survey was first conducted in 2003.

Our Maryland car accident law firm is concerned by any reports that anyone might have been drinking while driving. As we all know by now, driving while inebriated increases the chances that a motorist might cause a Baltimore auto crash.

Over the last seven years, no more than 37% of survey participants have ever believed that drunk drivers will likely be apprehended. Marylanders appear to blame the state courts for the lax way that they deal with drivers who drink and drive. Per the latest survey, the majority of Maryland drivers would like there to be tougher drunk driving measures, including a mandatory $1,000 fine for a first offense.

More survey participants also said they would favor mandatory ignition interlock devices, which stops drivers from starting their vehicles when they are drunk. The majority of survey participants also said that they thought vehicle impoundment was an appropriate punishment for a drunk driver who was a repeat offender. Some of the people surveyed even thought that one strike should be enough to impose this penalty.

Today, law enforcement officers are wrapping up their crackdown on Maryland drunk drivers. Local police have been taking part in a nationwide campaign, organized by the National Highway Traffic Safety Administration, committed to decreasing the number of impaired driving accidents and deaths through the Labor Day weekend.

Last year in Maryland, alcohol was a factor in 28% of traffic deaths, and over 24,000 drunk drivers are arrested each year.

It is interesting to note, however, that Maryland motorists are not as vehement about their convictions when it comes to using a cell phone while driving. While over 80% of those surveyed are now concerned about this form of distracted driving, the number of people who have used a cell phone while driving in the last 30 days has grown to over 60% compared to past years.

According to UM Professor Kenneth Beck, the study’s lead researcher, this appears to imply that Maryland motorists don’t think there is anything wrong with using a cell phone while driving as long as their the ones doing this—it’s just the other drivers that they are worried about.

Also, while survey participants are worried about aggressive drivers, there are still motorists who aren’t concerned when they break the speed limit.

Examples of Negligent Driving Habits that Can Lead to Maryland Injury Lawsuits if a Car Accident Happens:

• Drunk driving
• Texting while driving
• Talking on a cell phone while driving
• Speeding
• Road rage
• Driving while under the influence of drugs

Marylanders favor crackdown on drunken driving, Baltimore Sun, September 7, 2009

Maryland Law Enforcement Launches ‘Drunk Driving. Over the Limit. Under Arrest’ Crackdown on August 21, 2009, Earth Times, August 21, 2009


Related Web Resources:
Police Increase Efforts to Keep Roads Safe For Holiday ..., Your 4 State, September 6, 2009

Drunk Driving. Over the Limit. Under Arrest.


Continue reading "Study Reveals that Marylanders Want Tougher Drunk Driving Measures" »

July 23, 2009

Cell Phone Use While Driving: NHTSA Withheld Research Warning About Dangers

The National Highway Traffic Safety Administration reportedly recommended as far back as 2002 that motorists not talk on cell phones while driving—unless in an emergency situation. The federal agency also recommended that drivers not use hands-held, as well as hands-free phones and even went so far as to note that establishing laws banning only handheld cell phones might not be enough to minimize the risks of using a phone while operating a motor vehicle.

The reason for this recommendation was that the NHTSA had in its possession hundreds of pages of research documenting the dangers associated with cell phone use while driving. Yet the recommendation and the research were never made available to the public. One reason for this was concern that Congress and other public officials would see the proposal as a form of lobbying.

The information finally became public after Public Citizen and the Center for Auto Safety, two public interest groups, managed to access the information via the Freedom of Information Act.

The question now being asked is how many lives could have been saved if people knew then what they know now about the risks involved with cell phone use while driving? When the NHTSA first made its proposal several years ago, there were more than 170 million people using cell phones in the country—now, there are more than 270 million cell phone subscribers. And now, more than ever, cell phone use while driving has become a bad driving habit that millions of motorist are finding hard to break.

Yet as more motor vehicle accidents are reported involving motorists that caused auto crashes because they were talking on a phone or text messaging, the consequences of cell phone use while driving can no longer be ignored. Even train operators have been found negligent for engaging in these bad habits and causing catastrophic train collisions.

While Maryland doesn’t have a ban on any kind of cell phone use for adult drivers—only for minor drivers—all drivers will be prohibited from text messaging beginning October 2009. The Maryland Highway Safety Foundation says it had been pushing for a hand-held cell phone ban, but with the latest revelations about the NHTSA’s suppressed findings, they may recommend a total ban on the use of all cell phones while driving.

U.S. Withheld Data on Driving Distractions, WBOC 16, July 22, 2009

Suppressed federal study having ripple effect in Md., Baltimore Sun, July 2009

The Truth About Cars and Cellphones, NY TImes, July 22, 2009

Related Web Resources:
Center for Auto Safety

Public Citizen

NHTSA

Maryland Highway Safety Foundation


Continue reading "Cell Phone Use While Driving: NHTSA Withheld Research Warning About Dangers " »

July 16, 2009

Preventing Maryland Drunk Driving and Drugged Driving Accidents: NHTSA Roadside Survey Reports Decrease in Drunk Drivers

Driving under the influence of alcohol and drugs continues to destroy too many lives. Drunk driving and drugged driving are both careless acts that can be grounds for a Maryland car accident lawsuit if someone gets hurt or dies. On a positive note, however, the National Highway Traffic Safety Administration’s new roadside survey reported that the decline in the percentage of legally intoxicated drivers is continuing. Per the new survey, just 2.2% of drivers had a BAC of .08 or greater—compare this figure to 1973, when 7.5% of motorists had BACs registering at the legal limit or exceeded it.

The survey, gathered from roadside locations in 2007, also screened for other substances. 16.3% of nighttime weekend motorists tested drug positive for marijuana (8.6%), cocaine (3.9%), as well as prescription medications and over-the-counter drugs (3.9%). Drivers for the survey were chosen at random and given the opportunity to volunteer while remaining anonymous.

Out of 11,000 motorists, 90% gave breath samples and 70% gave saliva samples. Any motorist that was impaired or appeared to be driving under the influence of alcohol or drugs was not arrested. However, he or she wasn't allowed to get behind the steering wheel of the vehicle.

US Transportation Secretary Ray LaHood noted that while he was pleased that the fight against drunk driving is making headway, it was imported to remember that 13,000 people a year still die in US drunk driving crashes. He also emphasized the importance of reducing drug abuse and drugged driving.

The NHTSA wants to figure out how drug use is connected to driver impairment—especially as some drugs can stay in the body for weeks.

Other survey findings:
• There were 42% more male drivers than female motorists with illegal BAC levels.
• Motorists were more likely to be driving with a BAC greater than the legal drunk driving limit between 1am and 3am than during other hours of the day.
• Motorcycle riders were two times as likely to be drunk than the drivers of passenger vehicles.

According to the Governors Highway Safety Association, drugs are a factor in 18% of motor vehicle driver fatalities.

Driver Survey Finds Less Drinking, More Drugs, NY Times, July 13, 2009

Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers, NHTSA (PDF)


Related Web Resources:
Impaired Driving, CDC

Drugged Driving

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July 13, 2009

Two Men Killed in Potomac, Maryland Drunk Driving Accident

Two people died last Tuesday when a drunk driver hit the pickup truck they were riding in. The impact of the Maryland motor vehicle crash caused their vehicle to go over a guardrail and 60-feet down an embankment. The vehicle landed on its roof.

Killed in the deadly Potomac car accident were driver Gradys Mendoza, 39, and passenger Franklin Manzanares, 37. They were returning home from a construction job site when the deadly Maryland traffic accident happened.

The alleged drunk driver, 33-year-old Kelli R. Loos, was charged with failing to stop at an accident scene involving bodily injury and driving under the influence. Her blood alcohol level was .20—more than twice the legal limit.

Following the Potomac drunk driving accident, Loos reportedly told investigators that she had been at a Maryland bar.

Just last March, Montgomery police cited Loos with numerous citations, including failing to provide a written ID, failing to insure her Jeep, and driving on a suspended Virginia license. A warrant was issued for her arrest when she did not appear in court in June. Last November, Loos was cited for failure to obey a traffic signal and driving with a suspended license. She also had six previous traffic and speeding violations going as far back as 1994.

Driving Drunk
Driving drunk is always dangerous and places people’s lives at risk. It is a senseless way to die let alone cause injury or death to others. You can sue a Maryland drunk driver for personal injury or wrongful death.

Signs That There May Be a Drunk Driver Sharing the Road With You:

• Driving on a lane marker
• Making very wide turns
• Coming very close to hitting a motor vehicle or another object
• Weaving from one area of the road to the next
• Driving on the wrong side of the road
• Driving on the shoulder
• Driving way below the speed limit
• Excessive speeding
• Following too closely behind a vehicle
• Braking for no reason or repetitively
• Driving without the headlights on
• Stopping the vehicle for no reason, including at green lights

Suspect in Fatal Beltway Crash Was Over Alcohol Limit, Police Say, Washington Post, July 9, 2009

2 Killed by Alleged Drunk Driver, WTOP.com, July 8, 2009


Related Web Resources:
Motor Vehicle Safety, CDC

Maryland Drunk Driving Law, Alcoholism.About.com

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July 10, 2009

Maryland Wrongful Death Settlement Reached in 2007 Pedestrian Accident on Coastal Highway

A little over two years after 21-year-old Tyler Adams was killed in a Maryland motor vehicle crash while crossing Coastal Highway on June 17, 2007, his family has settled their wrongful death lawsuit with the defendant.

Adams, an Easton resident, and his friend Dale Blankenship were crossing the highway before 2am when a Jeep Cherokee driven by Brian Scott, 19, struck them. While Blankenship, also from Easton, sustained minor injuries, Adams died from his injuries.

No criminal charges were filed against Scott. Adams’s family sued him for Maryland wrongful death in August 2007. Their civil complaint sought $1.75 million in punitive and compensatory damages. The terms of the Maryland wrongful death settlement are confidential.

While Scott, a minor at the time of the deadly Maryland car crash, ran a red light and was suspected to be driving under the influence, Adams was also suspected of being under the influence and not in the crosswalk when the pedestrian accident occurred. The issue of whether or not there was actual presence of malice in the case has been an issue of debate during two years of legal wrangling.

Adam’s death was one of the 614 Maryland traffic crashes that occurred in 2007. And while one motor vehicle fatality or one pedestrian death is one fatality too many, it is good to note that there were less Maryland traffic fatalities-591 traffic deaths in 2008. There were also less drunk driving-related deaths—178 Maryland alcohol-impaired driving fatalities in 2007 compared to 152 in 2008. The number of Maryland pedestrian deaths for both years—116 pedestrian fatalities—stayed the same.

Losing someone you love in a Maryland pedestrian accident is devastating and can feel incredibly senseless and unfair. There are steps that you can take, however, to hold a negligent motorist liable for your loved one’s wrongful death.

June 9, 2009

Recent Maryland Pedestrian Accidents Lead to Fatalities and Injuries

Several recent Maryland traffic accidents have led to a number of pedestrian deaths and injuries. In Ocean City, a 44-year-old pedestrian died while trying to cross the Coastal Highway. The man was reportedly not in the crosswalk when he was hit by a 2008 Nissan Altima operated by Russell Charles Mass, Jr. Mass, 18, was charged with drunk driving. Police are investigating whether the pedestrian, who sustained fatal head injuries, had also been drinking.

In Frederick, Maryland, three men were charged last week for the death of pedestrian Elizabeth DiNunzio. The Mount Saint Mary's University’s college senior was jogging last month when she was struck by a car driven by driver Joshua Cool on Old Emmitsburg Road. According to police, DiNunzio was running against traffic and in compliance with Maryland law.

While Joshua is charged with negligent driving, knowingly driving a vehicle that was uninsured, and not exercising the proper care to avoid striking a pedestrian, passengers Ann Cool and Joseph Cool were charged with knowing that they were riding in a vehicle that was uninsured.

Last month, a Clinton man sustained serious injuries in a Howard County pedestrian accident when he was hit by a car on Route 32 close to 95. Frank Trowell, Jr., 44, was taken to Shock Trauma in critical condition. Police are looking into the cause of the Maryland motor vehicle crash.

Also in May, a pregnant teenager and her friend were hit by a car in Crownsville. Police say that the driver of the vehicle, 23-year-old Karla Wagner, drove her 1999 Jeep off the road, striking the teens. One of the girls, who is 17, is from Crownsville. The other teenager, 19-year-old Melissa Truelove, was 7 weeks pregnant at the time of the Maryland traffic crash. Both pedestrians were knocked unconscious and later taken to a local hospital.

Following the Crownsville pedestrian accident, Truelove complained of bruising on her hip and back, pain in her left side, as well as vertigo. Her friend fractured her neck and both hips and also experienced bleeding in her kidney.

Pedestrian hit by car on Route 32 listed in critical condition, Explore Howard, May 29, 2009

Pedestrian Critically Hurt in Accident, WBAL.com, May 29, 2009

Three Charged In Accident That Killed Local Student, YourState, June 4, 2009

Pedestrian Injured In Late-Night Crash, MDCoastDispatch.com, June 5, 2009


Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian Safety, Maryland State Highway Administration

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June 4, 2009

Catastrophic Car Accident Victims and Their Families Ask Capitol Hill to Guarantee Products Liability Payments from Bankrupt General Motors and Chrysler

A number of catastrophic car accident victims and their families went to Capitol Hill in Washington DC on Wednesday to call on the Obama Administration and Congress to ensure their ability to obtain medical reimbursements from the now bankrupt General Motors and Chrysler. Both auto manufacturers have filed for Chapter 11 bankruptcies, which places car accident victims waiting for medical reimbursements from products liability settlements and verdicts into the category of "unsecured creditor" waiting along with everyone else for their payouts.

On Monday, a bankruptcy judge overruled the Ad Hoc Committee on Consumer-Victims of Chrysler LLC when he approved the sale of the company to Fiat. The group had asked for a retroactive insurance policy or a fund that would cover the costs of medical treatment and lawsuits. Last year alone, Chrysler paid more than $250,000 in medical settlements. Now, anyone that gets involved in a catastrophic or fatal car crash while riding in one of the approximately 10 million Chrysler cars will not be able to pursue products liability compensation if a motor vehicle was responsible for causing the defect. The vehicle occupants of about 30 million General Motor vehicles are facing the same dilemma.

About 500 to 1,000 serious injuries or fatalities involving defective car parts occur every year. The bankruptcies filed by the two car manufacturing giants prevents injured parties from holding them financially accountable for making cars that are defective enough to cause catastrophic injuries or death.

Examples of common kinds of car defects that can lead to catastrophic injuries:

• Defective tires
• Faulty engine
• Defective windows
• Faulty seat belt or safety restraint system
• Structural defects
• Seat back defect
• Design defects

Car accident victims fight for payouts, Washington Times, June 4, 2009

Families and Severely-Injured Victims of Defective GM and Chrysler Cars Travel to Washington to Seek Urgent Help, RedOrbit, June 3, 2009

Related Web Resources:
GM and Chrysler's bankruptcy cases at a glance, AP, June 4, 2009

Chapter 11 Bankruptcy Basics

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