Maryland Accident Law Blog

Graduated driver licensing laws (GDL) in Maryland contribute to one of the lowest rates of automobile accident fatalities involving teen drivers, according to a recent study. The Children’s Hospital of Philadelphia (CHOP), working with State Farm Insurance, reviewed data on nationwide traffic accidents involving teenagers between 2009 and 2010. The study defined “teens” as people ages 15 to 19. Maryland has one of the lowest rates of teen-driver-related fatalities in the nation, and the rate has substantially declined in the past five years. Robust GDL laws, in which teen drivers initially receive highly-restricted driver’s licenses and gradually earn additional privileges, show a strong correlation with low rates of fatal automobile accidents involving teen drivers.

CHOP’s report, entitled “Miles to Go,” provides a “yearly snapshot of teen driver safety for the nation.” The study found over 55,000 serious injuries among teens due to car accidents in the period from 2009 to 2010. Thirty percent of those injuries involved head trauma, such as skull fractures or traumatic brain injuries. Head trauma is the leading cause of death for teens in traffic accidents.

A total of 3,413 car crash fatalities involving teen drivers occurred in 2010. Fatalities include teen drivers, passengers of teen drivers, people in other vehicles, and people not in a vehicle (e.g. pedestrians). The report notes that three out of ten teen fatalities in 2010 involved people outside the teen’s vehicle. The total number of fatalities involving teen drivers nationwide declined by over thirty-five percent between 2005 and 2010.

Nationwide, the fatality rate for auto accidents involving teen drivers was 9.5 per 100,000 people. Maryland had the fifth-lowest rate in the country, with 5.8 per 100,000 people. This is a decline of more than forty-eight percent from 2005. The study’s authors credit strong GDL laws in the states with the lowest fatality rates.

Maryland’s GDL law, known as the “Rookie Driver” program, issues a driver’s license to teens in three stages: a learner’s permit, a provisional license, and a full driver’s license. A teen can apply for a learner’s permit at age 15 years and 9 months. A learner’s permit holder can only drive with a person age 21 or older, who has had a full license for at least three years (known as a “qualified supervising driver”), in the front passenger seat with them.

Continue reading "Maryland's Graduated Driver's License Law Helps Prevent Teen Fatalities in Car Crashes" »

A tragic 2004 car crash has led to calls for federal legislation and regulation of the rental car industry. Two sisters, Raechel and Jacqueline Houck, 24 and 20 years of age respectively, rented a PT Cruiser from an Enterprise Rent-A-Car in Capitola, California. The car was under recall at the time because of a problem with its power-steering, but the rental company had not performed any repairs. Since the issuance of the recall, it had reportedly rented the car to three other people before the Houcks. The power-steering fluid began to leak while they were driving, and it caught fire. This caused them to lose control of the car. Their car collided with a semi trailer, killing both of them. Enterprise admitted to liability, and a jury awarded $15 million in damages to the Houcks’ mother, Cally Houck, two years ago.

In an effort to prevent accidents like this one, which resulted from a failure to perform necessary repairs on a recalled vehicle, several United States senators introduced the Raechel and Jacqueline Houck Safe Rental Car Act of 2011. This law would have granted regulatory authority to two federal agencies to ensure that rental car companies performed repairs on any vehicles in their fleets under recall before renting them to consumers. The Federal Trade Commission (FTC) would be able to regulate the industry using existing deceptive trade practice laws, and the National Highway Traffic Safety Administration (NHTSA) would be able to track and monitor safety features in vehicles rented to the public.

Under current law, the NHTSA can require auto manufacturers to repair vehicles under recall before distributing them to dealers. Dealers that sell new vehicles must also perform recall repairs before selling to consumers. None of these laws currently cover rental car companies, although they are reportedly the continent’s largest purchaser of new cars and supplier of used cars.

Out of the 1.6 million vehicles owned by American rental car companies, almost 184,000 were subject to a recall in 2011, according to USA TODAY. Toyota issued a recall in 2010 that affected around twenty-two percent of the total number of rental cars in the country. The main trade group representing rental companies told USA TODAY that the industry has a better track record for recall repairs than most vehicle owners. Still, the industry operates with almost no oversight, which concerns some safety advocates, and even some in the industry itself.

Continue reading "After Accidents, Auto Safety Advocates Push for Federal Regulation of Car Rental Industry" »

A tragic head-on collision in the early hours of Saturday, January 28 took the lives of four people on a highway south of Crofton, Maryland. A Chrysler Sebring sedan driven by a 19 year-old with two teenage passengers was heading the wrong way on eastbound U.S. 50. The recent high school graduates were going home after a birthday party. A BMW driven by a 55 year-old warehouse manager was going east on the same road. Its driver was also going home after dinner with friends in Virginia. The cars collided at about 3:30 a.m., causing the Sebring to catch fire. The three teenagers were pronounced dead at the scene, apparently dying on impact. The other driver died in the ambulance and was pronounced dead at the hospital.

Investigators think the Sebring may have crossed a median to turn around or taken an exit ramp the wrong way in order to head west in the eastbound lane. This suggests that they were going the wrong way for almost five miles before the crash. Multiple other drivers reportedly called 911 in the moments before the crash to report a car going the wrong way on the highway. At least one 911 caller suggested that the driver did not know she was going the wrong way after he narrowly avoided colliding with the car.

A preliminary toxicology report released on January 31 showed that both drivers had blood alcohol content (BAC) above the legal limit of .08 percent, although police did not state the precise amount found in the tests. Police also said they found a small quantity of marijuana in the teens’ car. Police still have not issued any statements as to the reason why the Sebring was traveling the wrong way on Route 50 or how it got into that lane.

Continue reading "Four Die in Car Crash in Anne Arundel County, Maryland" »

To combat decreases in revenue from the state and county, the town of Takoma Park, Maryland has turned to traffic cameras as a source of city funding. City officials maintain that their main purpose is to promote driving safety. The city has installed at least six cameras at major intersections. Locations were chosen, the city says, based on the prevalence of past speeding offenses. Between July 1, 2010 and June 30, 2011, the city reportedly collected almost $1.74 million in traffic fines from tickets issued through camera evidence. After administrative costs paid to the vendor that manages the system, the city’s net revenue was $898,018. Maryland law requires that money obtained from traffic camera citations go solely towards public safety projects.

The city issued 6,530 tickets for violations captured by the cameras between October 1 and November 22, 2011. Not all tickets are paid, of course, but the system has apparently given the city a much-needed boost in revenue.

Despite any possible concerns over enforcement of criminal issues, the effect of the cameras on public safety, according to city officials, has been profound. Takoma Park Police Chief Ronald Ricucci told Gazette.net that the city’s two main “target areas,” New Hampshire Avenue and University Boulevard, have seen reductions in auto and pedestrian accidents since the city began using the cameras. It is not entirely clear how the cameras could improve driving safety while also increasing revenue from speeding tickets, unless a reduction in auto accidents is not directly related to the amount of speeding in those locations.

The cameras may prove to be useful when traffic accidents do occur, as a source of evidence. Traffic cameras typically take a photograph of an intersection or stretch of road with a wide enough angle to capture a vehicle and its surroundings, but also with enough detail to see features like license plates numbers. Images from the cameras could assist in resolving disputes over whether a driver ran a red light, which driver had the right of way, whether a driver made an improper merge, and so forth. This is still a new technology, especially in our legal system, which is slow to adapt to many new technologies. As such, evidence rules and court procedures are still adapting to this new type of evidence.

Continue reading "Maryland Traffic Cameras Seek to Deter Speeding, Promote Safe Driving" »

George Hinnenkamp was probably not having a very good day. The 89 year-old left his house to travel to nearby Lorane Valley, Oregon one day in June 2009. When he returned home later the same day, he found that his 1991 Thunderbird was not where he left it. He reported it stolen to the police and, at 10:30 p.m., learned from them that the person who took his car had crashed it while under the influence of alcohol. The car thief, 35 year-old Joseph Dinwiddie, had done occasional odd jobs for Hinnenkamp in the past. As attorneys, people often ask us if they can be sued for one thing or another. As this case demonstrates, people can file lawsuits against almost anybody, but the case must have merit to survive.

Prosecutors charged Dinwiddie with unauthorized use of a motor vehicle, driving while intoxicated, reckless driving, reckless endangerment, and two counts of third-degree assault for injuries sustained by two passengers, Nicole Annette Cunningham and Delano Oscar. Dinwiddie’s defense largely relied on the fact that the elderly man had given him permission to drive the Thunderbird in the past when he was working for Hinnenkamp. He argued that he had Hinnenkamp’s permission to use the vehicle the night of the accident. He told police at the time of the accident, however, that he did not have permission from Hinnenkamp, and evidence indicated that the two passengers knew he was intoxicated, even drinking while driving. Dinwiddie was convicted and is now serving a 25-month prison sentence.

The saga did not end there for either Hinnenkamp or Dinwiddie. Two years later, in the summer of 2011, both of them were sued by the two passengers, Cunningham and Oscar, for the injuries they claim to have sustained in the crash. Cunningham is seeking $145,000 and Oscar is asking for $75,000 in damages. Oscar alleges that he suffered various “sprains or strains” in his neck, back, and elsewhere. Cunningham alleges similar injuries, plus pelvic fractures, headaches, dizziness, and more. Their arguments appear to rely on the claim that, since Dinwiddie had driven Hinnenkamp’s car with Hinnenkamp’s permission while working for him in the past, Hinnenkamp could be held liable for Dinwiddie’s actions while driving the car. Hinnenkamp’s insurer stepped in on his behalf and asked the court to declare that he has no liability for the injuries claimed by the plaintiffs.

Continue reading "Elderly Man Sued by Passengers of the Thief Who Stole His Car" »

A four-vehicle automobile accident in Benedict, Maryland, around noon on Friday, September 9, 2011 killed two local senior citizens and injured at least three others. Franz and Evelyn Isabelle Sommer, a married couple, were driving east on Route 231 in their Ford Focus near the Patuxent River Bridge when a Penske rental truck rear-ended their vehicle. The collision caused the Sommers’ vehicle to veer into the westbound lane of Route 231, where it collided head-on with a Mitsubishi Galant. The Penske truck went on to strike a Saturn L200 in the westbound lane. The Sommers’ car and the Saturn L200 were wedged under the Penske truck.

Five people were taken to the hospital for injuries: Deborah Ellen Parkinson, the driver of the Galant; Kimberly Leighanne Garcia, the driver of the Saturn and two children who were in her car; and Michael Anthony Duckett, the driver of the Penske truck. Police report that none of the injuries were life-threatening. A passenger in the truck was unharmed, according to police on the scene. According to witnesses, Parkinson’s vehicle flipped over in the accident, and she had to be pulled out by firefighters.

Investigators have concluded that Duckett’s failure to control the speed of the truck caused the accident, and that alcohol was not a factor. Criminal charges have not yet been filed, pending the completion of the investigation. Duckett could potentially face up to ten years in prison if he is charged under Maryland’s “manslaughter by vehicle” statute, which covers deaths resulting from “driving, operating, or controlling a vehicle or vessel in a grossly negligent manner.”

In addition to any potential criminal charges, the driver of the truck could also face civil liability to all of the people injured in the accident, from a wrongful death claim by relatives of the Sommers to injury claims by the other drivers and their passengers. The driver of the truck is responsible not only for the actual rear-end collision of his truck and the Sommers’ vehicle, but for every collision directly caused by that collision. At least three collisions occurred in this case, causing multiple injuries.

A popular notion is that a driver who rear-ends another driver is by definition “at fault.” This is not always the case, but it is a useful principle. If the driver of the rear-ended vehicle behaved negligently, such as braking abruptly without good cause, then both drivers may be at fault. If a driver swerves into a lane of traffic and is rear-ended by a car already in that lane, the swerving driver is probably 100% at fault. A driver who rear ends a vehicle because he was pushed into the car after being rear-ended himself should not be liable, but the driver doing the original rear-ending might be liable for all collisions in that situation. A better general principle to apply to rear-end collisions might be that the driver who creates the conditions leading to the rear-end collision should be primarily liable, and that the driver is liable for injuries caused by those collisions.

Continue reading "Two Senior Citizens Killed in Benedict, Maryland, Car Accident" »

Restrictions placed on teenagers’ driving privileges has led to a decrease in the number of fatal automobile accidents among 16-year-olds. Research suggests, however, that the risk may simply have shifted to older teens, as a corresponding rise in traffic fatalities has occurred among 18-year-olds. A study published in the September 14 issue of the Journal of the American Medical Association reviewed data from crashes nationwide covering the years 1986 to 2007 and found an increase in fatal car accidents as teens get older. 16-year-olds average 28.2 fatal crashes per 100,000 person-years, compared to 36.9 for 27-year-olds and 46.2 for 18-year-olds.

Graduated driver licensing laws, known as GDLs, limit driving privileges of 16-year-olds until they gain experience in lower-risk driving situations. Most GDL’s establish three stages: a “learner’s” period requiring supervised driving, an intermediate period with limited unsupervised driving, and a full privilege period identical to an adult driver’s license. Some states add restrictions on nighttime driving, use of cell phones while driving, and number of passengers allowed in cars operated by teenagers. New Jersey requires drivers without full privileges to display a “new driver” decal on their vehicles.

Maryland’s GDL allows entry into the learner’s stage at 15 years, 9 months, and requires a minimum of 9 months in that stage with a minimum of 60 hours of supervised driving. Young drivers may enter the intermediate stage at age 16 years, 6 months and after completing the learner’s stage. Intermediate drivers cannot drive unsupervised between midnight and 5:00 a.m. and cannot have passengers under the age of 18 for the first five months. All restrictions may be lifted at age 18.

By limiting new drivers’ exposure to high-risk, dangerous situations, GDLs appear to have successfully reduced the total number of fatal car accidents among 16- and 17-year-old teens. Researchers suspect, however, that at least part of the higher rate of fatalities among 18-year-olds may be due to teens deferring obtaining a driver’s license until age 18, thus skipping the GDL process entirely. This results in 18-year-old new drivers who have not gone through the training process encompassed by GDL’s.

"[Older teens] are saying, 'The heck with your more complicated process,'" says Justin McNaull, director of state relations for the American Automobile Association. At 18, teenagers can, in many cases, get their license in a matter of weeks.

No national database exists to show the total number of 16-year-old drivers compared to older new drivers. The hypothesis is therefore largely anecdotal, as it is not clear if there are fewer 16-year-old drivers nationwide. The study’s finding suggest that there is no net change in the total number of traffic fatalities, at least as related to GDL’s, but rather that the risk has shifted to slightly older drivers.

Continue reading "Reduction in Car Accident Fatalities Among 16 Year-Olds Matched by Rise Among 18 Year-Olds" »

Heather Greer, 14, died on Thursday after she was injured in a Harford County pedestrian accident. The Pylesville teenager was crossing Route 136 when she was hit by a motor vehicle.

According to Maryland State Police, Greer died from injuries she sustained from the impact of being hit by a 2009 Toyota Highlander. She was pronounced dead at the R. Adams Cowley, University of Maryland Shock Trauma Center where she was flown by helicopter after the Pylesville car crash.

Child Pedestrians
It’s been awhile since our Baltimore personal injury law firm has posted on a story on this site about a Maryland child pedestrian accident. However, our child injury lawyers continue to remain concerned about the hundreds of kids that are killed each year because they were struck by a motor vehicle.

As Baltimore injuries to minor attorneys, we are familiar with the kinds of serious injuries that can occur during a child pedestrian accident (For example: traumatic brain injury, spinal cord injury, broken bones, organ damage, disfigurement, and burn injuries) and we know how important it is to get the financial recovery you need to help cover medical expenses and other costs.

Our Maryland injury lawyers work with accident reconstructions and medical experts that know how to prove exactly how your injuries happened. We are experienced in building solid cases for our clients while providing you with the legal counsel and support that you need during this difficult time.

Depending on the details of what happened, possible liable parties might include a driver, the entity responsible for maintaining/designing the road, the manufacturer of the motor vehicle or one of its parts, or the party that served alcohol to an intoxicated driver.

14-Year-Old Pylesville Girl Struck by Vehicle and Killed While Attempting to Cross Route 136, Daggerpress.com, July 29, 2011

Related Web Resources:
Child Pedestrians, NHTSA

Pedestrian Safety, Centers for Disease Control and Prevention

More Blog Posts:
Maryland Pedestrian Accident Report: Two Teens Die in Hospital Following Fatal Baltimore Street Accident, Maryland Car Accident Attorney Blog, July 29, 2011
$3.3M Prince George’s County Pedestrian Accident Awarded Over Woman’s Maryland Wrongful Death, Maryland Accident Law Blog, March 14, 2011

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident, Maryland Accident Law Blog, July 12, 2010

Montgomery County Circuit Judge Eric Johnson is currently deciding whether liability should be imposed on bars that serve alcohol to drunken patrons that end up causing Maryland car crash that results in injuries or death. The state is one of the remaining few in this country that does not have a dram shop liability law that holds vendors civilly liable for this.

At issue is the $3.25 million Montgomery County, Maryland wrongful death complaint filed by the guardians of Jazmine Warr against JMGM Group LLC, which owns Dogfish Head Alehouse. Warr, 10, died from the car carsh injuries she sustained in 2008 when the jeep she was in was rear-ended by a car driven driver Michael D. Eaton, who was drunk at the time and speeding at 88 to 99 mph. Also injured in the Maryland car crash were Warr’s 11-year-old half-sister Cortovia Harris and William J. Warr and Angela T. Warr. According to state police, Eaton, who was known for being a drunk, was at the Dogfish Head Alehouse for two hours before the deadly traffic crash.

In their Montgomery County, Maryland car accident lawsuit, Warr’s guardians want the restaurant to pay for serving alcohol to Eaton. However, the defendant’s legal representation is seeking to get Judge Johnson to rule in favor of the restaurant owner because of the lack of a dram shop liability law. Johnson had already ruled to send the wrongful death case to trial, so this would be his second decision following Johnson’s request.

Losing someone you love in a Montgomery County car crash is never easy and the accompanying costs, losses, and damages can be unaffordable. If there are parties that should be held liable, an experienced Maryland personal injury lawyer can gather and analyze the evidence to determine who should be blamed.

Judge to write second decision on Dogfish case, Gazette.net, June 24, 2011

Dogfish Head Alehouse in Gaithersburg sued for enabling drunk driving, Baltimore Sun, December 16, 2010

More Blog Posts:
$3.25M Montgomery County, Maryland Wrongful Death Lawsuit Seeks Damages from Bar Over 2008 Drunk Driving Crash that Killed 10-Year-Old, Maryland Accident Law Blog, December 21, 2010

Rockville Man Gets 20 Years for Deaths of Two Pedestrians in Fatal Drunken Driving Crash, Maryland Car Accident Attorney Blog, June 24, 2011

Baltimore Auto Accident News: Maryland Driver Sentenced to 3 Years for Fatal DUI Pedestrian Crash, Maryland Car Accident Attorney Blog, June 5, 2011

The mother of Haines Holloway-Lilliston is suing the city of Baltimore and Police Officer Timothy Everett Beall for Maryland wrongful death. Holloway-Lilliston died last year in a Baltimore motorcycle accident that occurred during a high-speed police chase. Now, Connie Holloway-Johnson is seeking $40 million.

Holloway-Johnson believes that her son’s death was caused by Beall, who, per an investigation report by he Maryland State Police, kept following the 27-year-old even after he was ordered to “end the chase” and he had turned off is siren and lights. Distracted by radio communication and his telephone, Beall's police car rear-ended Holloway-Lilliston, whose body ended up bouncing off the vehicle. These findings are counter to what Beall told investigators when he said that the motorcyclist “crashed out in front of him.” No criminal charges have been filed against Beall.

Police Pursuits
Police officers must follow specific protocols when pursuing another vehicle. One reason for this is to prevent becoming involved in a traffic crash—whether with the suspect or innocent bystanders. Geoffrey Alpert, a University of South Carolina professor of criminology, was quoted in USA Today last year as saying that approximately 35% - 40% of police chases end in traffic crashes. Alpert also says that while the National Highway Traffic Safety Administration says that police pursuits result in about 360 deaths a year, that number is likely 3 to 4 times higher.

Police pursuits often involve at least one if not more vehicles going at a fast speed. In the heat of the moment, the motorists my disregard traffic lights and laws and fail to pay attention to the surrounding vehicles and pedestrians. Reckless driving, even in the name of apprehending a suspect, can cause serious injuries or death.

Deaths lead police to question high-speed chase policies, USA Today, April 23, 2010

Family of crash victim files $40 million suit against city, officer, The Baltimore Sun, April 6, 2011

Officer Suspended After Fatal Crash With Motorcycle, WBALTV, July 15, 2010

More Blog Posts:
Maryland Traffic Injury News: Baltimore Named in $40 Million Lawsuit following Motorcycle Rider’s Death, Maryland Motorcycle Accident Lawyer Blog, April 9, 2011

Maryland Trucking Accident News: Rogue Truck Driver Leads Police on Multi-State Chase, Maryland Motorcycle Accident Lawyer Blog, February 23, 2011

Maryland Traffic Accident News: Montgomery County Driver Faces 10 Years for Death of Gaithersburg Bicyclist, Maryland Motorcycle Accident Lawyer Blog, February 23, 2011

According to an email from Johns Hopkins University’s School of Engineering Dean Nicholas Jane, 20-year-old student Nathan Krasnopoler is not expected to recover from his brain injury that he sustained when he was injured in a Baltimore bicycle accident on University Parkway last month. Krasnopoler has been in a coma since the February 26 traffic crash, when a driver abruptly turned into the marked bike lane where he was riding.

Per a statement by Krasnopoler’s family, his brain damage “appears to be permanent” and it is not likely that he will regain any “cognitive function.” They have filed a $10 million Baltimore brain injury lawsuit against Jeanette Marie Walke, the 83-year-old driver that hit him. Walke has not been charged over the Maryland bicycle accident. However, plaintiffs’ attorneys contend that she violated a number of traffic laws when the collision happened.

Per the complaint, Krasnopoler wasn’t able to prevent his bike from hitting the passenger side of Walke’s vehicle as it turned. Her car then ran over him, pinning him. In addition to his Maryland brain injury, which occurred not from the impact of the crash but because his brain was deprived of oxygen when his lungs collapsed, Krasnopoler sustained serious burns because Walke allegedly left the engine on when her car was on him. Krasnopoler also suffered eye damage, facial fractures, and broke his ribs and collarbone. He went into cardiac arrest while the ambulance was dring him to the hospital.

The Baltimore car crash complaint accuses Walke of reckless and negligent driving and other traffic violations. Under Maryland law, motorists passing a cyclist must keep at least a distance of three feet from the rider.

Read the Family's Statement, Baltimore Sun, April 5, 2011

Comatose bicyclist's family sues 83-year-old driver for $10 million, The Baltimore Sun, March 22, 2011

Lawyers for Hopkins student hit by car file $10M suit, The Daily Record, March 22, 2011

Related Web Resources:
Bike Accidents, Nolo

National Institute of Neurological Disorders and Stroke

More Blog Posts:
Family of Baltimore Bicyclist Settles Maryland Tanker Truck Accident Lawsuit Over His Wrongful Death, Maryland Accident Law Blog, December 2, 2010

Pedestrian and Bicyclist Killed in Baltimore Tractor-Trailer Accidents, Maryland Accident Law Blog, August 27, 2010

68-Year-old Mount Pleasant Woman Killed in Bicycle Accident with DC Guard Truck, Washington DC Injury Lawyer Blog, April 20, 2010

Two years after Maryland lawmakers banned drivers from writing text messages while operating a motor vehicle, the state Senate gave its final approval to a bill banning the reading of texts while driving. Considering that, according to the National Safety Council, 28% of traffic crashes now involve drivers that were texting or talking on a cell phone, this added restriction should hopefully help decrease the number of Maryland car accidents that happen each year.

According to Senator James Brochin, who led the charge against the reading of texts, not only does reading electronic messages require attention and time, causing a driving distraction, but also they are interactive and require the reader’s involvement. The latest bill on texts also extends the ban to drivers who are texting while stopped at traffic lights. They can, however, still use their phones to access GPS, Google maps, music, or other applications.

Dangers of Texting
Texting while driving is dangerous and can cause serious Baltimore personal injury and wrongful deaths. Nationally, a Consumer Reports National Research Center survey found that 30% of respondents under the age of 30 admitted to texting while driving. 9% of those surveyed in the older age group admitted to texting while behind the wheel.

A person who is reading a text while driving likely has one hand off the steering wheel to hold the phone or PDA device. He/she may not be thinking about the road, the other vehicles, the speed he/she is going at, or the driving conditions. It takes just seconds for a Maryland car crash to happen.

Studies find adults and teens web surf, send emails behind the wheel: Effort launched to combat distracted driving, mlive, March 7, 2011

Senate passes ban on reading texts while driving, The Baltimore Sun, March 7, 2011

House OKs ban on stoplight texting, Washington Examiner, March 3, 2011

Related Web Resources:
Map of Texting Bans, Insurance Institute for Highway Safety

National Safety Council

Consumer Reports National Research Center

More Blog Posts:
Maryland Injury News: Distracted Driving Blamed for Increasing Number of Fatal Teenage Automobile Accidents, Maryland Car Accident Attorney Blog, July 17, 2010

Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages, Maryland Accident Law Blog, February 20, 2010

Preventing Maryland Car Accidents: Law Making Texting While Driving Illegal Goes Into Effect on Thursday, Maryland Accident Law Blog, September 28, 2009

Continue reading "Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving" »

According to Maryland lawmaker James Malone, the state’s law regarding handheld cell phones while driving is not tough enough. Delegate Malone, a Democrat from Baltimore County, is supporting a bill that would make using a handheld cell phone while operating a motor vehicle a primary offense. Hopefully, such a bill will stop more people from distracted driving with their phone or PDA so that they don’t cause a Maryland car crash.

Under the current law, talking on a handheld phone while driving is a secondary offense, which means that the ban can only be enforced if the driver is being cited for another violation. Also, although drivers are banned from sending text messages, they are allowed to retrieve and read them. Malone and others also want to make the text messaging ban tougher. Sen. Jim Brochin, D-Baltimore County is sponsoring a bill in the Senate that would make it illegal to also read texts while driving.

According to the Maryland State Highway Administration, in the past five years, there have been over 380 distracted driving fatalities in the state. Distracted driving, as described by US Transportation Secretary Ray LaHood, is an epidemic. It was the cause of 5500 fatalities in the US in 2009—yet many people, when they can get away with it, continue to text, talk on the phone, send emails, surf the Internet, or play games on their cell phone while driving. Although talking on a handheld device is not safe either, at least the driver has both hands on the steering wheel.

A distracted driver can be held liable for Baltimore County personal injury or wrongful death if his/her failure to pay attention caused a catastrophic Maryland car accident. There are steps that an experienced Baltimore personal injury law firm can take to prove that a driver was distracted when the Maryland traffic crash happened. For example, there may be phone records that can be obtained to match up when the crash happened and when a call was taking place. A witness may have observed the distracted driver texting.

Md. Bill to Tighten Cell Phone Use While Driving, ABC News/AP, February 16, 2011

Distracted driving epidemic: U.S. Transportation Secretary LaHood calls issue a 'personal crusade', Sea Coast Online, October 24, 2010

Related Web Resources:
Cellphone Laws, Insurance Institute for Highway Safety

Distraction.gov

Related Blog Posts:
US DOT Holds Second Annual Distracted Driving Summit in Washington DC, Washington DC Injury Lawyer Blog, September 22, 2010

Maryland Injury News: Distracted Driving Blamed for Increasing Number of Fatal Teenage Automobile Accidents, Maryland Car Accident Attorney Blog, July 17, 2010

Maryland Auto Injury News: Distracted Driving Blamed in Baltimore Woman’s Death following Fatal Howard County Crash, Maryland Car Accident Attorney Blog, June 26, 2010

Continue reading "The Fight Against Distracted Driving: Baltimore County Lawmaker Pushes for Tougher Cell Phone Driving Law" »

A Maryland jury has awarded $3.1 million to Carlisa Kent, who was injured in a 2008 Calvert County car accident involving an off-duty Prince George’s County undercover narcotics cop. Kent, 45, claimed she was injured when the county-leased car driven by Robert Edward Lee crossed the centerline, after accidentally rear-ending another vehicle, and then hit her auto.

Kent sustained a number of injuries, including fractures to her left hip, right foot, and pelvic areas. She was hospitalized for three months and spent another two months using a wheelchair. Per her Prince George’s County, Maryland personal injury lawsuit, Kent will never completely recover. Lee also sustained serious injuries.

The jury awarded Kent $3,091,291.67. However, the state’s damage caps reduce the amount to just over $2 million. Police spokesman Cpl. Evan Baxter says that Lee was violating police rules when he drove the car while outside Prince George’s County.

Maryland Car Accident
Often, the parties involved in a Maryland car accident may have conflicting accounts of what happened. An experienced Prince George’s County injury lawyer will know how to build a strong case on your behalf. Vehicle damage, witness testimonies, evidence from the scene, and photographs of your injuries are just some of the key pieces your lawyer might need to build your case.

Your Prince George’s County traffic crash law firm will know whether or not it is in your best interests to settle or take the case to court. It is a good idea to let your lawyer deal with the other party because they will know how to protect your rights while making sure that you don’t agree to compensation below what you are entitled to and deserve.

P.G. police officer hit with $3 million verdict for crash in county-leased car, Washington Examiner, February 6, 2011

Related Web Resources:
Traffic Accidents FAQ, Nolo

Insurance Institute for Highway Safety

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Our Baltimore personal injury lawyers represent many people that have been hurt in Maryland car crashes because a driver was drunk. It is unfortunate that despite laws that make it illegal for people to drive while intoxicated, and all the efforts to educate people about the dangers of drunk driving, people continue to die in drunk driving accidents.

This isn’t to say that the number of US drunk driving crashes hasn’t gone down. While almost 12,000 people died in auto accidents involving a drunk driver in 2008, 10,839 people were killed in drunk driving crashes in 2009. Our Rockville, injury lawyers hope that this figure continues to go down.

Last week, the transportation safety officials and advocates against drunk driving took a look at technology under development that would stop drunk drivers from driving. The Driver Alcohol Detection System for Safety (DADSS) technology (DADSS), would prevent drunk drivers from being able to operate their vehicles if they had a blood alcohol concentration of .08 or greater. DADDS could be voluntarily installed in new vehicles. One DADSS system uses a breath-based approach, the other system is touch-based.

The National Highway Traffic Safety Administration says predictable effects on driving include:

W/ a BAC of .08%: Short term memory loss, problems processing information and visual data, impaired perception challenges, and issues with speed control.

W/ a BAC of .10%: Difficulty braking or maintaining lane position.

W/ a BAC of .15%: Significant impaired driving

Our Owing Mills, Maryland personal injury law firm knows how to prove negligence in cases involving drunken drivers. We know that no amount of money can make up for your catastrophic injuries or a loved one’s death, but we can help you hold the responsible party liable, which can help cover expenses incurred because of the injury or wrongful death.

U.S. Transportation Secretary LaHood Views Demonstration of New In-Vehicle Technology Targeted Toward Habitual Drunk Drivers, NHTSA, January 28, 2011

Driver Alcohol Detection System for Safety (PDF)

Related Web Resources:
Mothers Against Drunk Driving

Maryland Motor Vehicle Administration

Maryland Car Accident Attorney Blog

Involvement in a Maryland car crash can lead to all sorts of painful injuries, including spinal cord injury, traumatic brain injury, broken bones, and organ damage. Another common injury that occurs, but can be hard to detect at first, is soft tissue injuries.

The soft tissue is generally the area that surrounds the joints or bones, such as tendons, muscles, and ligaments. Soft tissue injuries usually manifest as strains, sprains, or tears, and it may be hours or days before an Owing Mills car crash victim starts to experience symptoms, including inflammation, soreness, and persistent pain. Whiplash is one of the most common soft tissue injuries.

Unfortunately, many insurance companies will try to minimize the seriousness of this type of injury in an attempt to pay an injured person the least amount of compensation. While soft tissue injuries may not necessarily be easy to detect, the pain and discomfort experienced by the victim is very real. A person suffering from a soft tissue injury may have trouble moving his/neck. He/she may also experience chronic back pain or suffer from muscle spasms in the shoulders or serious headaches. In addition to medical care and physical therapy, a person with a soft tissue injury may have to take time off work to recover.

Because obtaining fair compensation for soft tissue injuries can be challenging, it is important that you work with a Maryland injury law firm that has the experience and commitment to helping you obtain your financial recovery.

Sprains, Strains, and Other Soft-Tissue Injuries, American Academy of Orthopedic Surgeons

Treatment for soft tissue injuries, Brain Mac

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Attorney Blog

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Kent Island residents Joseph Michael "Mike" Hein and his 6-year-old son Mikey have died from injuries they sustained during a Bowie, Maryland car accident on Route 5. Hein, 52, and his son were reportedly riding their 2002 Hyundai Accent on Friday evening when they crashed into a 2004 Cadillac SRX that was stopped on the road with its taillights and headlights off.

Following the Prince George’s County car accident, father and son were taken to different hospitals. The elder Hein was pronounced at Prince George's Hospital Center in Cheverly. Mikey, who was taken to Children's National Medical Center, died on Monday.

The 2004 Cadillac SRX involved in the catastrophic Bowie motor vehicle crash had reportedly been stolen. Two men, Hyattsville resident Theophilia Herbert Jarvis Jr. and Lanham local Anthony Demetrius Davis, were taken into custody after they were found walking close to the collision site. They are charged with the unlawful taking of a motor vehicle. They also may face charges related to the accident.

In other recent Maryland car accident news, four people were sent to the hospital on Saturday after they were involved in an Anne Arundel County auto crash involving multiple vehicles. According to police, Ryan Galliher, the 21-year-old driver of the Mercury Cougar, was driving recklessly when he crossed over the yellow line on Marley Neck Boulevard and struck a Toyota Corolla. The Toyota collided with a Nissan Murano and a Mercedes SUV, which were following behind it.

Galliher was thrown from the vehicle and admitted to Maryland Shock Trauma in serious condition. Three people in the Toyota, including a 3-year-old girl, were also taken to local hospitals. A preliminary probe into the Glen Burnie car crash indicates that driver error and excessive speed may have been factors on Galliher's part.

Father, son killed in Bowie car crash, Gazette.net, January 11, 2011

Passengers in critical condition after head-on collision in Glen Burnie, ABC News, January 10, 2010

Related Web Resources:
National Highway Traffic Safety Administration

Insurance Institute for Highway Safety

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A woman was killed in a Carroll County auto accident on Tuesday evening when her vehicle was struck by a tire that came off a Chevrolet Silverado truck. Elisabeth Catherine Osorio died at the Westminster, Maryland traffic crash site on Route 30.

Maryland State Police say that the rear tire first struck a Mazda before hitting the windshield of Osorio’s Subaru Legacy. Her auto then went through a fence. According to the York Daily Record, Jason M. Dempsey, the truck’s driver who is from Hanover, and New Oxford resident Andrew Timothy Nulty, who was driving the Mazda, declined medical treatment.

In other recent Maryland traffic accident news, a 24-year-old female driver was killed and her two passengers sustained injuries on Friday afternoon when the truck she was driving went off Interstate 70 and overturned. The woman, Ashley Marie Matthews, was ejected from her auto and died at the Howard County car crash scene. The two male passengers, 27-year-old Brandon Gaskins, who was reportedly critically injured, and 22-year-old Trevell Brookes, were flown to Baltimore and admitted to Maryland Shock Trauma Center. Police are investigating whether alcohol and speed were factors in the Ellicott City, Maryland auto accident.

Meantime, police are trying to determine what caused a deadly Rockville motor vehicle accident at a local car wash. Driver error and mechanical difficulties are some of the reasons under consideration.

On the afternoon of December 29, 2010, a 1998 Jeep that employee Julio Cesar Coreas-Portillo was driving out of the car wash accelerated out of control to pin two workers beneath it. One of the victims, Gavino Euseda, died from his injuries. The other worker, Eusebio Oacan, sustained serious injuries.

Hanover woman killed in Maryland collision, York Daily Record, January 5, 2010

Airborne Tire Blamed For Fatal Highway Accident, WBALTV, January 5, 2010

Police Identify Woman Who Died in New Year's Eve Crash in Ellicott City, Columbia Patch, January 2, 2011

Fatal crash on I-70: 1 dead, two injured, The Baltimore Sun, December 31, 2010

Police Search For Cause of Fatal Carwash Accident, MyFoxDC, December 31, 2010

Related Web Resources:
Car Accidents Overview, Justia

Maryland Motor Vehicle Administration

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Olga Liselotte Melton, a 72-year-old Hagerstown woman, was killed in a Maryland traffic crash on Saturday night on Interstate 70. Melton was riding in the front seat of a car driven by Helmut John Frick when their vehicle struck an unattended auto at around 11:19 pm.

Also on Saturday, 25-year-old Jayant Prasad Singh was killed when the Honda Accord he was a passenger in struck a tree at around 2am. The car driver, 25-year-old Rahul Sharma, was flown to Baltimore for treatment of his non-life-threatening injuries at R. Adams Cowley Shock Trauma Center.

In other Maryland accident news, a Waldorf man died from injuries he sustained on Friday when his Toyota Camry hit the bed of a tow truck that was crossing US 301. The truck’s flatbed had been partially blocking a lane as the truck driver was turning right when the collision happened. The driver of the Toyota, 73-year-old Stanley Harten Wallace, was ejected from his car. He was later pronounced dead.

Maryland Car Accidents
It is always important for motorists to drive safely to decrease the chances they will become involved in a traffic crash. Unfortunately, collisions continue to happen and people suffer injuries and die. If you or someone you love has been injured in a Maryland auto accident, do not hesitate to contact our Baltimore injury attorneys to explore your legal options.

With winter fast approaching, road conditions will change. AAA Exchange offers a number of winter driving tips, including:
• Don’t drive while tired.
• Make sure your tires are properly inflated.
• Don’t warm up your car in a garage or another enclosed area.
• Avoid using cruise control when the roads are slippery.
• Pay attention to the road.
• Wear a seat belt.

Waldorf man dies when car strikes tow truck, SoMDNews, November 29, 2010

Olga Melton, 72, dies in accident on I-70, The Record Herald, November 29, 2010

1 dead, 1 injured after car strikes tree in Md., Wtop, November 27, 2010

Related Web Resources:
Car Accidents: Proving Fault, Nolo

Maryland Department of Transportation

Maryland Car Accident Attorney Blog

A catastrophic Maryland multi-vehicle vehicle accident on Route 113 on Monday afternoon has claimed the lives of four people from the same family. They are Carmelo Dominguez, 53, his wife Evelyn Morales, 48, daughter Natasha Dominguez, 23, and grandson Jose Dominguez, 2.

All four car crash victims were traveling in a Nissan Cube, which witnesses say was moving at a fast speed and passing other vehicles while in no-passing zones. Police say that right before 5 p.m, Dominguez, who was driving the Cub, tried to pass a tractor-trailer. During this attempt, the Cube hit a Honda CRV, which caused the Nissan to “catapult upward” and strike the side of the semi-truck. The cube then landed on top of a 2004 Volkswagen Jetta.

Police say that according to preliminary findings the Newark, Maryland traffic accident was caused by improper passing, driving at a fast speed, and aggressive driving. They also believe that no one in the Cube—there were seven people in the vehicle—had been using child safety seats and seat belts.

Injured in the Maryland auto collision were the other three people who were in the Cube—Dominguez’s daughter Christina Dominguez, 25, and grandchildren Christina Gonzalez, 9, and Yasmine Dominguez-Astacio, 4—and the drivers of the other vehicles—Mary M. Jones, 41, and Daniel H. Nelson, 23, who has been in critical but stable condition.

Seat Belt Use
It goes without saying that using a seat belt or child safety seat can save lives and prevent catastrophic car crash injuries. Fortunately, more people are now using seat belts. According to the National Highway Traffic Safety Administration, this year, seat belt use has gone up 1% from (2009) and is now at 85%.

NY family unbelted in fatal Route 113 crash, DelmarvaNOW, November 3, 2010

Md. State Police: 4 dead in multi-vehicle crash
, Associated Press, November 1, 2010

Seat Belt Use in 2010, NHTSA, September 2010 (PDF)

Related Web Resources:
Maryland Department of Transportation

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