Maryland Accident Law Blog

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

Continue reading "Recent Maryland Pedestrian Accidents Lead to Fatalities and Injuries" »

Baltimore County police say that two people were sent to an area hospital after they were involved in an Owings Mills multi-vehicle collision on Friday that ended when one car drove into an M & T Bank branch. The Maryland traffic accident occurred when a Hyundai Sonata struck a Toyota RAV4 that was at a red light, which then hit a Lincoln Navigator. Meantime, the Hyundai drove over a curb and into the bank. Fortunately, no one inside the bank was hurt.

In a Baltimore car accident that also occurred on Friday, police are looking for the driver of a van that fatally hit a man riding a dirt bike on Chatham Road. The van’s driver failed to stop at the crash site. Police are asking for any information that could lead to the capture of the driver involved in the deadly hit-and-run Maryland motor vehicle crash.

Also on Friday, Clinton resident Franklin Trowell sustained critical injuries in Howard County when a car hit him on eastbound Route 32 close to Interstate 95. Trowell had been standing on the shoulder of the road examining another accident when the catastrophic Maryland car crash occurred. The driver of the car, Leonard Supsic, 55, reportedly lost control of the 1998 Chevrolet Cavalier that struck Trowell.

Maryland Personal Injury
It can take some time to determine how much financial recovery you are entitled to receive after you’ve been injured in a Maryland motor vehicle accident. This is why it is important that you don’t rush to settle your car accident claim immediately. Your injuries may be more serious than you think, which means they could cost significantly more to recover from than what original estimates suggest. There also may be other parties that can be held liable for your Maryland personal injuries.

Clinton man in critical condition after being hit by car, Baltimore Sun, May 30, 2009

Police seek van driver who fatally hit man on dirt bike, Baltimore Sun, May 30, 2009

Three-vehicle accident sends car into bank, Baltimore Sun, May 30, 2009

Related Web Resources:
Car Accidents Overview, Justia

Personal Injury, Nolo

Continue reading "Recent Maryland Motor Vehicle Accidents Cause Injuries and Deaths" »

The Maryland State Highway Administration says that of the 589 Maryland traffic deaths that occurred in 2008, 124 of those fatalities took place in Prince George’s County. That’s almost twice as many fatalities than in Baltimore County, ranked number two with the most traffic deaths at 52 fatalities. Montgomery County came next with 52 traffic deaths. Baltimore had 49 traffic fatalities, and Anne Arundel County recorded 48 traffic fatalities. Officials from Maryland, Prince George’s County, and municipal police have vowed to address the issue of traffic safety and determine why so many Maryland traffic deaths occur in this county so they can fix the problem.

The county also recently registered the largest amount of Maryland pedestrian deaths over the past decade. For example, of the 111 Maryland pedestrian deaths that occurred in 2007, a significant number of the fatalities occurred in Prince George’s County:

Prince George’s: 28 pedestrian fatalities
Baltimore: 17 pedestrian deaths
Baltimore County: 17 pedestrian fatalities
Montgomery: 15 pedestrian deaths
Anne Arundel: 8 pedestrian fatalities

There were 115 Maryland pedestrian deaths in 2008—and the fatalities keep coming in 2009. Just last month, in Prince George’s County, two young pedestrians, 19-year-old LaRenta Vondale McFarland and 7-year-old Richard Young, died after a Jeep hit them while they were crossing Central Avenue in Upper Marlboro.

According to Maryland Highway Administration spokesperson David Buck, driver error seems to be the leading cause of traffic deaths in Prince George’s County. Common types of driver error include:

• Driver fatigue
• Speeding
• Drunk driving
• Driving under the influence of drugs
• Failure to obey traffic rules
• Talking on cell phone
• Failure to use seat belts
• Text messaging

More 2008 Maryland Traffic Facts:

• About 100,000 Maryland motor vehicle crashes occur annually.
• 196 drivers died in Maryland auto accidents last year.
• 65 of these motorists were not using seat belts or were riding in cars that lacked airbags.

Too Deadly a Place to Drive, Washington Post, May 10, 2009

Maryland State Highway Administration

Related Web Resources:
Maryland Traffic Information, Federal Highway Administration

Prince George's County, Maryland

Continue reading "Prince George’s County Logs the Most Maryland Motor Vehicle Accident Deaths in 2008" »

The parents of young girl who was struck by an SUV outside an elementary school in Pasadena have filed a Maryland personal injury lawsuit on her behalf. Brooke M Monday was just 7 when the pedestrian accident happened in April 2006.

Brooke broke her jaw, left leg, and nose in the Maryland pedestrian accident that her parents say occurred because a crossing guard negligently waved her to cross the street just moments before she was struck by the motor vehicle. The defendants in the Maryland injuries to minor lawsuit include Anne Arundel County, SUV driver Alison L Hahn, vehicle owner David Fischer, and Monday’s insurance company. Brooke’s parents, Vernon and Jennifer Monday, are seeking millions of dollars in personal injury compensation.

According to the couple’s Maryland personal injury complaint, Deborah L Johnson failed to keep a proper lookout or enter the middle of the street when she told Brooke she could cross. The Mondays’ attorney has even accused the crossing guard of being distracted from doing her job because she was conversing with a friend at the time the deadly Maryland pedestrian accident happened.

Johnson still works for Anne Arundel County and oversees the same intersection where Brooke got hurt. Meantime, Hahn, 17 at the time of the pedestrian accident, pleaded guilty to negligent driving in Maryland juvenile court. The Mondays have accused her of negligence and of causing their daughter unnecessary emotional and physical injuries.

In August 2006, Brooke transferred schools because she didn’t want to be known as the girl who was run over by a car. The couple also say that their son Tyler, now 12, suffered serious emotional trauma from witnessing his sister get hit by the SUV.

Adult school crossing guards play an important role in making sure that school children safely cross the street. They also serve as a larger, adult presence to remind motorists that they need to exercise caution, slow down, or stop because there are kids crossing the street.

If your son or daughter was injured or killed in an Anne Arundel pedestrian accident because a driver, a school crossing guard, or another party was negligent or careless, you may be entitled to Maryland personal injury recovery. As a minor, your child cannot sue the negligent party directly for Maryland personal injury, but you can file a claim on his or her behalf.

Lawsuit claims crossing guard was negligent, HometownAnnapolis, May 4, 2009

Adult School Crossing Guard Guidelines, SRTSGuide.com

Related Web Resources:
National Strategies for Advancing Child Pedestrian Safety, CDC

Pedestrians, Safe Kids USA

This week, the Maryland Senate approved by a 43 to 4 vote a bill banning drivers from text messaging whenever they are operating their motor vehicles. If the bill becomes law, it would make reading, composing, sending, or receiving text messages a misdemeanor crime punishable by a $500 fine. Maryland would also join a growing list of states and jurisdictions, including Virginia and Washington DC, that are banning text messaging—whether on a cell phone, PDA, or IPod Touch or another device—while operating a motor vehicle.

Sending short messages via cell phone or other electronic devices is a bad habit that has grown more popular in recent years—especially among younger, more inexperienced drivers. According to the AAA Foundation for Traffic Safety, one of its studies last year found that about 50% of young drivers, ages 18 – 24, text message while driving. The study found that among drivers ages 45 and older, less than 5% engaged in text messaging while operating a motor vehicle.

Text messaging is a type of distracted driving, and like all other forms of distracted driving, including talking on a handheld cellular phone, applying making, or reading the newspaper, can lead to deadly auto accidents. ABC News says that a 2006 study showed that 65% of near-motor vehicle collisions and 80% of auto crashes occur because of distracted driving.

For example, one Maryland child lost her right forearm in a catastrophic bus accident that occurred while the bus driver was texting on his cell phone. 30 people were injured in this Maryland motor vehicle accident. In another traffic accident, a 26-year-old woman died last year in a truck accident when she was struck by a tractor-trailer while the truck driver had been texting.

These kinds of catastrophic motor vehicle collisions could have been avoided if the drivers had not been engaged in distracted driving.

Md. Is Latest State to Target Text Messaging by Drivers, Washington Post, March 18, 2009

Texting While Driving Could Spell Trouble, ABC News, May 8, 2007

Driving and Dialing Bus Drivers May Case Accidents, ABC News, Feb 7, 2007

Related Web Resources:
Examination of Maryland Senate Bill 98 (PDF)

Cell Phone Driving Laws, Governors Highway Safety Association

Continue reading "Maryland Senate Votes for Text Messaging While Driving Ban" »

The winter time can be a deadly time for Washington DC and Maryland motorists if they aren’t careful. Poor visibility and icy roads can only make the outcome of an auto accident, caused by negligent or careless driving, worse. To help prevent fatal auto accidents from occurring in snowy weather and icy conditions, Forbes.com offers a list of 10 common driving mistakes that can prove fatal in the wintertime:

1) Not checking the weather before you get in the car.
2) Driving too fast under current weather conditions. This can cause a driver to lose control of the vehicle on slippery roads.
3) Following too closely behind the vehicle or snowplow equipment in front of you. Allow greater distance between you and the other motorist than you would when there isn’t snow on the road. Do not drive using cruise control when the conditions are wet.
4) Overcorrecting your car on ice.
5) Driving while you’re tired.
6) Driving when there’s poor visibility.
7) Failing to get the car winter ready. Also, make sure you have an extra key that is easily accessible in the event that you get locked out of your vehicle.
8) Driving on back roads.
9) Not carrying an emergency tool with you, such as jumper cables, a spare tire, water, dried food, a cell phone, and warm clothing.
1) Leaving your vehicle if your car stops, which could be the warmest place for you to be.

According to a University of California, Berkeley, School of Public Health study:
• Poor weather is a factor in 1.5 million of the car accidents that occur every year, resulting in 800,000 injuries and 7,000 deaths.
• Almost 20% of highway deaths involved poor weather as a factor.
• Driving the day after the year’s first winter storm is the most dangerous day of the year to operate a motor vehicle.

The National Safety Council recommends a number of safety tips for winter driving, including:
• Tune your engine.
• Check your battery.
• Make sure the fluids in your car are at the correct levels.
• Make sure your car is equipped with the proper equipment, including tire chains, a snow scraper, and a snow shovel.
• Have first-aid supplies and a compass with you.

In Depth: 10 Deadly Mistakes Of Winter Driving, Forbes.com

Safe Winter Driving

Related Web Resources:
All-Weather Driving Tips, Road & Travel Magazine

Baltimore, Maryland Weather, Maryland Weather

Continue reading "Maryland and Washington DC Drivers Should Watch Out for 10 Fatal Winter Driving Mistakes" »

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

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

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

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

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

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

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

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

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

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

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

Related Web Resources:

Maryland Cell Phone Law, DMV.org

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

Cell Phone Driving Laws, Governors Highway Safety Association

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

In Baltimore County Circuit Court, Judge Susan Souder awarded Sandra Lee Meade $250,000 for personal injuries she sustained in a pedestrian accident in an Arbutus traffic construction zone more than 5 years ago. The amount is part of a high-low agreement made between Meade and general contractor Dick Corp, with a “low” of $250,000 and a “high” of $2 million.

Meade sustained traumatic brain and spinal cord injuries after she was hit by a car while crossing Westland Boulevard, which was undergoing construction, on December 3, 2003. She now lives in a Maryland nursing home.

While police placed the fault for the pedestrian accident with Meade for crossing the street illegally—she tried crossing the street diagonally to catch the bus to work—Meade’s Maryland car accident lawyer accused Dick Corp. of failing to put in place a maintenance of traffic plan. He noted the "willy-nilly" placement of barricades and lines that were incorrectly painted on the road.

The car driver, who says he did not see her until she was on his vehicle, was not charged in the accident. He is not named as a defendant in Meade’s Maryland personal injury lawsuit, which her sons filed against Dick Corp. The lawsuit sought $8 million in damages on her behalf. Following the Maryland personal injury trial, a Baltimore County jury found general contractor Dick Corp. negligent but not responsible for Meade’s Maryland pedestrian accident.

High-Low Agreements
In a high-low agreement, the defendant and plaintiff are in accord that a case’s verdict will be no more than a set maximum and no less than a set minimum. If the jury verdict reached is greater than the “high” set by the agreement, the plaintiff receives no more than the maximum amount agreed upon with the defendant. If the verdict is below the “low” set by the agreement, then the plaintiff receives no less than the agreed upon minimum.

Woman struck in work zone to get $250K, The Daily Record, November 16, 2008

Related Web Resource:

National Highway Traffic Safety Administration

At University Boulevard and Piney Branch Road, Montgomery County Executive Isiah Leggett and other officials launched their Pedestrian Safety Initiative last week. Leggett’s Pedestrian Safety Initiative include:

• Targeting high-incidence areas where pedestrian injuries and deaths have occurred.
• Evaluating and enhancing pedestrian connectivity and network needs.
• Improving pedestrian signals.
• Evaluating and upgrading street lighting.
• Enforcing and educating drivers and pedestrians.

According to Recent Montgomery County Pedestrian Accident Statistics:

• About 400 pedestrians are injured each year.
• There are approximately 14 pedestrian fatalities annually.
• Motor vehicle collisions involving pedestrians is a major traffic safety problem in the county.
• Some 430 motor vehicle-pedestrian collisions happen each year.

The Piney Branch Road section is the first of several “high Incidence areas” in the county where pedestrian safety and injury prevention enhancements will be implemented. And with 29 pedestrian deaths taking place on University Boulevard between 1995 and 2005, this road that runs through both Prince George’s and Montgomery County is ranked as the number one deadliest street in the area for pedestrians.

Leggett Announces New Pedestrian Safety Initiative; Strategic Plan Designed to Reduce Collisions and Make County More Walkable, Montgomery County, September 4, 2008

Leggett Launches Pedestrian Safety Effort, WashingtonPost.com, September 3, 2008

Related Web Resources:

NHTSA

Pedestrian Safety, FHWA

Continue reading "Montgomery County, Maryland Launches Pedestrian Safety Campaign " »

In Maryland, investigators say that a police officer was speeding when he hit a 12-year-old pedestrian with his car in April in Montgomery County. Their probe found that Montgomery County Police Officer Jason Cokinos was driving more than 25 mph above the speed limit when he hit Luis Jovel with his car. Jovel was crossing the street close to his home in Clarskburg when the Maryland traffic accident happened.

Investigators says that the pedestrian accident would not have occurred if Cokinos, who was riding his cruiser while off duty, wasn't speeding above the 30 mph speed limit. The report quotes the 23-year-old police officer as saying that he thought the speed limit was 40 mph.

Jovel suffered brain damage and is still in rehab. No criminal charges have been filed against Cokinos, who is back at work. He did receive two traffic violations related to the crash.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths and 80,000 pedestrians injured in the United States in 2007.

The WalkingInfo.org Web site says:

• 5 to 9-year-old male pedestrians are at high risk for becoming injured in a pedestrian accident.

• 65% of pedestrian accidents happen at non-intersections, especially those involving young kids that may run out onto the street.

• Pedestrian accidents are more likely to occur during the busy morning and afternoon rush hours.

• Deadly pedestrian crashes are more likely to happen after 5pm.

Report: Speeding Caused Police Cruiser To Hit 12-Year-Old, WJLA.com, August 26, 2008

Officer was speeding when he hit Clarksburg boy, report says, Gazette.net, August 21, 2008

Related Web Resources:

Speeding, SafeRoads.org

Crash Statistics, WalkingInfo.org

Continue reading "Maryland Investigators Say Montgomery County Police Officer Was Speeding When He Hit 12-Year-Old Pedestrian" »

The baby of a New York woman who was struck by a runaway van and pinned under a bus while she was still pregnant with him has died. Sean Michael Justin Sanz passed away in intensive care on August 22 after being born prematurely on August 14.

His mother, New York Traffic Agent Donnette Sanz, underwent an emergency cesarean section procedure to deliver him. She died soon after.

Some 30 people tried to lift the front of the bus off the pregnant traffic agent. She was then rushed to St. Barnabas Hospital. The driver of the van was Walter Walker, a 72-year-old man with an extensive history of traffic offenses. In a statement to the New York Post, Walker said that his brakes wouldn’t work, and he tried to stop his van to avoid hitting Sanz.

Wrongful Death
Family members that have lost loved ones in accidents may be entitled to compensation from the liable party or parties. In Maryland, barring certain exceptions noted by the state’s wrongful death statute, the husband, wife, son, daughter, mother or father of the deceased can file a claim for wrongful death. If the decedent has no primary beneficiaries, secondary beneficiaries may be entitled to claim recovery.

Depending on the specifics of the case, wrongful death damages may include compensation for mental trauma, emotional trauma, loss of companionship, loss of society, loss of comfort, loss of parental care, loss of filial care, and other damages.

Dad loses his miracle: Bus baby's tragic death leaves pa numb with grief, NYDailyNews.com, August 22, 2008

Bystanders Lift Bus Off Pregnant Mom, CBSNews.com, August 15, 2008

Related Web Resource:

Maryland: Wrongful Death and Intestacy Statutes, USDoj.gov

Continue reading "Newborn Baby Delivered Prematurely After Pregnant Mother Was Struck by Runaway Van is Dead " »

An 11-month girl was injured after she was struck by a van that collided with an MTA light rail train on Thursday in Downtown Baltimore, Maryland. She was taken to Johns Hopkins Hospital’s pediatric center.

The driver of the van was a U.S. Naval Academy midshipman. He also was taken to a local hospital but did not sustain any serious injuries. Several light rail passengers are reporting injuries from the accident.

The motor vehicle collision occurred early in the morning. The van reportedly ran a red light and was struck by the MTA light rail train. The force of the collision caused the van to spin onto the sidewalk and strike the stroller with the toddler in it.

If you believe that someone you love was seriously injured in a motor vehicle accident, you should contact our Maryland personal injury law firm right away. Our motor vehicle accident attorneys also handle cases involving injuries to minors.

Running a Red Light
Running a red light is a commonly occurring traffic violation that can lead to serious injuries for other drivers and pedestrians and cause serious property damage to motor vehicles involved in any related collisions.

According to the NHTSA, there were over 3,500 traffic accidents in Maryland involving red light violations in 1995—resulting in 34 fatalities and 4,256 injuries. Maryland is one of a handful of U.S. states that use red-light cameras in a few areas—including Montgomery and Prince George’s counties—in an effort to prevent people from running red lights.

Types of Accidents from Running a Red Light, include:
• Colliding with cars coming from the left or ride side of the driver’s path that now have green light authorization to move forward.
• Striking a pedestrian.

Rail commute delayed, several injured in downtown collision, Baltimore Sun, March 20, 2008

Red Light Violations in Maryland, NHTSA

Related Web Resources:

D.C. Red-Light Cameras Fail to Reduce Accidents, Washington Post, October 4, 2005

Red Light Running, Insurance Institute for Highway Safety

Continue reading "1 Toddler and Several Others Injured When MTA Train and Van Collide in Baltimore, Maryland" »

At least eight people are dead and five others injured in Accokeek, Maryland, after a car accidentally plowed into a group of people watching an illegal car race on the side of Route 210—also known as Indian Head Highway—at around 3:30 in the morning in Prince George’s County.

One woman who was in the crowd, Crystal Gaines, was able to grab her daughter out of the way. Her father, William Gaines Sr., 61, had a broken leg. He was unable to move away in time and is among those who died.

While CNN is reporting that there were 50 people in the crowd, one witness told Newsday that about 200 to 300 people had gathered to watch two cars speed racing down the road. The people moved into the road as the cars drove away and that was when the accident happened.

Some people that were struck in the crash flew as high as 15 feet in the air. Police had to circulate photos of the dead bodies so that family and friends could identify their loved ones.

The driver, in a Ford Crown Victoria, says he did not see the crowd because the smoke from the cars racing away made visibility difficult. Crystal Gaines, however, claims that the driver did not have the headlights of the car on.

Her brother, William Gaines Jr. said the Ford was moving so fast that he didn’t see the car until it had struck the crowd. Another person may have been injured when a tractor-trailer, trying to avoid the accident scene, have also hit someone. The victims ages range from 20s to 60’s.

Street races are a common occurrence on Indian Head Highway—although the races usually involve motorcycles. Police have placed speed traps and radar in the area.

Car accidents can lead to fatal injuries for pedestrians—especially when someone is struck by an auto, bus, truck, or motorcycle that is moving at a fast rate.

Our Maryland motor vehicle accident law firm can determine who is liable for your injuries or the death of your loved one and help you deal with insurance companies and the other party or parties so that you can recover for your losses.

Missing 8 killed by car at illegal racing site in Maryland, Newsday, February 17, 2008

Missing Street-race crash kills 8 in crowd, CNN, February 16, 2008

Related Web Resource:

Missing Should you pursue a personal injury claim? Nolo

.

Continue reading "Eight People Killed in Maryland After Being Hit By Car During Street-Race" »

In 2006, 96 pedestrians died in traffic accidents on Maryland’s roads. There are four areas where 70% of the fatalities occurred: Montgomery County, Baltimore County, Prince George’s County, and Baltimore City.

Maryland law mandates that drivers yield to pedestrians. However, this doesn’t always happen, and many pedestrians are injured or killed in car accident, motorcycle crashes, or truck collisions as a result. Out of the four problem areas highlighted, only Montgomery County has a plan to combat the problem of pedestrian accidents.

In Baltimore City, there were 16 pedestrian fatalities in 2006. 14 deaths took place in Baltimore County. 18 pedestrian fatalities occurred in Montgomery County, with 16 deaths occurring so far this year.

Installing new traffic signs, pedestrian traffic signs, and pedestrian countdowns, and adding education initiatives are some of the ways that pedestrian injuries can be reduced.

The high number of pedestrian deaths in Montgomery County inspired an initiative there that will include better pedestrian signals, the construction of several miles of sidewalks, and targeting careless drivers and jaywalkers.

Ways to Implement Pedestrian Safety in Your Area:

• Ask your delegate to create better crosswalk laws
• Teach children to cross roads safely
• Organize a pedestrian safety campaign

Although there are safety measures that all of us can take to avoid becoming injured in a pedestrian accident, there will be times when a negligent car driver, motorcyclist, or truck driver causes an accident that injures or kills a pedestrian. Traffic and pedestrian signs may malfunction or a motor vehicle may be unable to stop in time because of defective breaks.

If you are injured in a pedestrian accident anywhere in Maryland or Washington D.C., you should speak with a pedestrian accident lawyer right away.

Pedestrian deaths spur new initiatives in some counties, Gazette.net, December 20, 2007

Related Web Resource:

Maryland Strategic Highway Safety Plan

Pedestrians, National Highway Traffic Safety Administration

Continue reading "Pedestrian Fatalities Spur Call for Maryland Counties to Implement Safety Initiatives" »

Silver Spring resident Norma Almeraya-Soria, 35, died on November 21 after she was hit by a tractor-trailer in Montgomery County, Maryland. Almeraya-Soria was on the curb near the sidewalk at the intersection of Columbia Pike and Stewart Lane in Silver Spring when the axle of a tractor-trailer trying to make a turn broke.

Almeraya-Soria ended up under the trailer and died at the accident scene. Her body remained under the truck for a number of hours before it could be recovered. Police in Maryland are investigating whether a mechanical failure was responsible for the freak accident. The tractor-trailer, owned by Pet Valu, a Canadian pet store with branches in Maryland, was carrying pet supplies.

If you were injured in a tractor-trailer crash caused by another party’s negligence or carelessness or if someone you love died in a motor vehicle accident that was someone else’s fault, you should contact a Maryland or Washington D.C. truck collision lawyer right away to find out of you have grounds for filing a truck accident or wrongful death claim or lawsuit.

Mechanical failures and defective truck parts are among the most common causes of accidents involving large trucks. It is important to hire an experienced truck accident lawyer who knows how to determine whether a personal injury or wrongful death accident occurred because the breaks, the steering wheel, a tire, the engine, or another vehicle part was defective.

The owner of the truck is liable for making sure that the vehicle is properly maintained and operational before taking it out on the road.

A mechanical failure may be the fault of the truck driver, the truck owner, the maintenance shop, or the manufacturer. There may be more than one party that can be held liable for the truck accident injury or death.

2006 Truck Accident Statistics:

• 4,732 large trucks were involved in deadly accidents.
• 4,995 people died in accidents involving large trucks.
• There were 57,213 big trucks involved in injury accidents.
• 85,984 people were injured in accidents involving huge trucks.

Woman Hit, Killed In 'Freak' Tractor-Trailer Accident, MSNBC.com, November 22, 2007

2006 National Crash Facts, Ai.volpe.dot.gov

Related Web Resource:

Trucking Industry Statistics and Causes of Truck Accidents, Road Safe America.org

Continue reading "Maryland Woman Dies in “Freak” Tractor-Trailer Crash in Montgomery County" »

Victor Z. Kolako, the former metrobus driver who killed two female pedestrians on Valentine’s Day in a deadly motor vehicle accident, pled guilty to two counts of negligent homicide last Friday. As part of his plea agreement, prosecutors will pursue a prison sentence of no more than three years for Kolako.

Kolako, a Metro employee until he was fired after the fatal pedestrian accident, had been driving his Metrobus on Seventh Street NW on Valentine's Day when he turned left onto Pennsylvania Avenue. D.C. police say that Kolako did not yield to oncoming traffic on Seventh Avenue and did not see the two pedestrians that were crossing the street on a “walk” signal in a crosswalk.

The pedestrians, Sally Dean McGhee, 54, and Martha Stringer Schoenberg, 59, were co-workers at the Federal Trade Commission. They were also friends and lived in the same neighborhood in Alexandria. The two women were leaving work and were about to take the metro home.

Police say that the two victims were dragged beneath the bus. Schoenberg’s husband has filed a 50 million wrongful death lawsuit against Metro.

Since 2005, there have been eight traffic accidents involving pedestrians and Metrobuses at the intersection of Pennsylvania and Seventh. It is considered one of the most dangerous intersections in D.C.

According to Metro, during the fiscal year ending on June 30, 2007, 32 pedestrians were hit by Metrobuses. 5 people were killed in these traffic accidents. The most recent pedestrian-Metrobus collision took place on February 14 and involved a 21-year-old nursing student.

Metro says that Metrobus drivers are required to take part in a safety training program of 1-2 days each year.

The number of Metrobus accidents involving pedestrians is a growing concern. Last February, Metrobus General Manager John B. Catoe Jr. announced new measures to improve Metrobus safety and public confidence.

Catoe vowed to monitor Metrobus drivers and their driving records. He also said he wanted to increase the amount of street supervisors that manage driver conduct.

Just one day after Catoe’s announcement, however, Metrobus drivers were seen driving through red lights, talking on cell phones, blocking intersections, and going over the speed limit.

443,000 passengers ride on D.C.’s Metrobus system each day.

Metrobus Driver Pleads Guilty, Washington Post, September 8, 2007

Metro to Require Safety Training for Bus Drivers, Wtopnews.com, February 15, 2007

Metro Chief Vows Better Bus Safety, Washington Post, February 25, 2007

Related Web Resources:

Husband Sues in Fatal Accident, Washington Post, March 20, 2007

Washington Metropolitan Area Transit Authority

Continue reading "D.C. Metrobus Driver Pleads Guilty to Negligent Homicide in Wrongful Deaths of Two Pedestrians on Valentine's Day " »

Colin Matthew Cunningham, a 5-year-old boy, died on Saturday after being struck by a car. The Stevensville boy was running after a group of teenagers when he ran in front of a Jeep Wrangler on Whispering Woods Drive in a townhouse community in Annapolis.

According to police, seven teenagers had crossed the street to play football in a nearby open area. Colin ran after them. After the accident, he was taken to Johns Hopkins Children’s Hospital and later declared dead.

The 18-year-old driver of the Jeep had her 16-year-old neighbor and 14-year-old sister in the car with her. She stopped right after hitting the Colin.

Authorities say that the alcohol did not play a part in the car accident, but they would investigate whether she had been speeding.

Statistically, children—especially boys 5 to 9 years of age—are at great risk of being hit by a motor vehicle in a pedestrian accident. Many pedestrian accidents involving young children take place close to their homes, and pedestrian fatalities is one of the leading causes of injury and death for children.

Children frequently don’t have a great sense of danger. They also are not easily able to judge how fast an oncoming car is going. They also can be very impulsive and may run into the street without looking to see if a car is coming.

Saferoutesinfo.org offers a number of safety tips for children that are old enough to cross the street without adult supervision, including:

• Choose the route with the fewest streets to cross.
• Avoid crossing busy or high-speed streets.
• Be more visible to drivers by wearing bright clothing in the daytime.
• Always look for motor vehicles.
• Do not cross behind or within 10 feet of the front of a bus or other large motor vehicle because the driver can not see this area.
• Stop at the edges of driveways and curbs or edges of the street where no curb exists and look for motor vehicles before proceeding.
• Watch for parked motor vehicles that may be getting ready to back up or pull forward.
• Walk, don't run, across the street.
• If crossing the street at an intersection:
o Obey traffic signs and signals.
o When the signal indicates it is time to cross, check for motor vehicles. Drivers may not obey the rules and turning drivers may not look for pedestrians.
• Look to see if motor vehicles are coming.

Although children need to be careful when crossing the street, it is still the responsibility of car drivers, bus drivers, truck drivers, and motorcycle riders to exercise extreme caution when operating their motor vehicles.

If your child has been injured or killed in a pedestrian accident because a driver acted negligently by speeding, driving under the influence of drugs, or for any other reason, your child and your family are entitled to recovery compensation for pain, injuries, suffering, and other related losses.

Stevensville boy, 5, dies after being hit by car, Baltimoresun.com, August 20, 2007

Key Messages For Children, Saferoutesinfo.org

Pedestrian safety for kids and parents, Safety and Consumer Protection

Related Web Resources:

National Strategies for Advancing Child Pedestrian Safety, Federal Highway Administration

Pedestrian Injuries to Young Children

Continue reading "5-Year-Old Stevensville Boy Dies After Being Struck by Car in Anne Arundel County, Maryland" »

Maryland State Police say that Robert Michael Littleton, 19, struck and killed a jogger on Tuesday night while driving on Union Church Road in Salisbury.

Fred Kiviat, 67, was jogging northbound near the southbound shoulder when he was allegedly hit by Littleton, who was driving a Pontiac Firebird. Police say that the teenager’s car crossed the centerline and hit Kiviat from the back. Kiviat was declared dead at the accident scene.

Littleton faces criminal charges for being a minor in possession of alcoholic beverages and possession of a controlled dangerous substance. A blood test has been administered to Littleton, and he could end up facing other charges related to the car accident.

In accidents where a person has been injured or killed because another person acted negligently, the victim or the family of the deceased may be able to file a personal injury claim (or wrongful death lawsuit) against the liable party.

A personal injury lawsuit is a civil lawsuit. Unlike a criminal case, a civil lawsuit is a civil action that allows a plaintiff to file a complaint and obtain legal remedies. The lawsuit is argued over in a courtroom by personal injury attorneys representing both sides (the plaintiff’s side and the defendant’s side). If the plaintiff wins the lawsuit, the judge is authorized to award damages, issue injunctions, and enforce the rights of the plaintiff.

Maryland Vehicle Law says that pedestrians have a number of responsibilities on the road that can help them stay safe, including:

• Not leave a curb or place of safety and walk or run into the path of a vehicle so closely that the driver cannot yield.
• "Use due care and caution" to avoid injury.
• Follow all traffic control signals, including not crossing once a signal light turns yellow.
• Yield if not crossing in a marked crosswalk, using "greatest care for his/her own protection.”
• Walk facing traffic if no sidewalk is available.
• Yield to emergency vehicles using audible signals.

Motor vehicle drivers must:

• Check for pedestrians "where they are expected"
• Warn pedestrians with a horn if necessary
• Exercise caution towards any child or "obviously incapacitated" pedestrian.

Jogger Struck and Killed by Car; Teen Driver Faces Charges, WBOC.com, July 18, 2007

Pedestrian Safety, City of Takoma Park

Related Web Resource:

Pedestrian Safety, FHWA Safety

Continue reading "Maryland Teen Driver Is Accused of Killing Elderly Male Jogger in Salisbury " »

The family of a 69-year-old woman killed in a hit-and-run accident collision last September in Rockville, Maryland has filed a $30 Million civil lawsuit.

Ketty Emilce Alvarado died after allegedly being struck by a bakery truck driven by David Marc Friedlander on the morning of September 26, 2006 at the intersection of Redland Road and Crabbs Branch Way. She had been walking in the area with her husband. Her body was dragged for more than a mile down Crabbs Branch Way Road after the crash.

Alvarado’s spouse and children are asking for $10 million dollars in wrongful death damages, $10 million in punitive damages, and $10 million in compensatory damages from the truck driver and H & S Bakery, the Baltimore-based employer that he works for.

Alvarado’s family is accusing Friedlander of either refusing to or neglecting to stop his vehicle and stay at the accident scene after hitting her with his truck. He is also accused of failing to return to the accident scene, notifying police of the accident, and calling medics to help Alvarado. The lawsuit claims that the driver acted with malice and left the accident scene on purpose.

The U.S. Department of Transportation’s National Highway Traffic Safety said in 2003 that 18% of Americans killed on roads are hit-and-run crash victims.

According to Deadlyroads.com:

“Walking is by far the most dangerous mode of travel per mile. Although only 8.6 percent of all trips are made on foot, 11.4 percent of all traffic deaths are pedestrians. And while the 2001 fatality rate per 100 million miles traveled is 0.75 for public transit riders, 1.3 for drivers and their passengers, 7.3 for passengers of commercial airlines, the fatality rate for walkers is an astonishing 20.1 deaths per 100 million miles walked.”

Following Alvarado’s pedestrian hit-and-run death, police asked the public for help finding the hit-and-run driver.

Friedlander is also facing criminal charges. Last February, a Montgomery County grand jury indicted him on felony hit and run for the deadly accident. He has been charged with two misdemeanor charges and two felony charges of Driver to Remain at Scene/Accident Resulting in Bodily Injury or Death.

Continue reading "Family of Woman Killed in Hit-and-Run Bakery Truck Collision in Maryland Files $30M Wrongful Death Lawsuit " »

A $10,000 reward is being offered by the Metropolitan Police Department for information leading to the arrest and conviction of the driver of a green SUV that struck and killed six-year-old Crysta Marie Spencer as she crossed 6th Street, NE, near Orleans Place on Monday. Witnesses say Spencer was knocked out of her shoes and thrown into the air after being hit. The driver then ran over her.

Stop signs and a temporary speed bump have been installed at the intersection where she died.

On Wednesday, the District Department of Transportation and the Washington Area Bicyclist Association launched the “Pace Car Program.” Drivers joining the program sign a written pledge to drive at the speed limit, which is 25 mph in most of the District.

According to Jim Sebastian, a DDOT coordinator, a victim struck be a motor vehicle has a greater chance of survival that if the vehicle had been moving at 25 mph instead of 40.

Some statistics and facts regarding injuries related to child pedestrians:

* In 2002, 599 children ages 14 and under died from pedestrian injuries.

* Of these, 460 died in motor vehicle-related traffic crashes.

* The majority of child pedestrian deaths and injuries are traffic-related. Although pedestrian injuries are not as common as motor vehicle occupant injuries, a disproportionate number of the injuries sustained by child pedestrians are severe.

* Children ages 14 and under are more likely to suffer pedestrian injuries in areas with high traffic volume, a higher number of parked vehicles on the street, higher posted speed limits, no divided highways, few pedestrian-control devices and few alternative play areas.

* Child pedestrian injuries occur more often in residential areas and on local roads that are straight, paved, and dry.

Enforcement of traffic laws, including apprehension of hit-and-run drivers, is effective in reducing traffic-related pedestrian death and injury.

Continue reading "Six-Year-Old Girl In Hit-and-Run Accident Becomes 10th Pedestrian Fatality in D.C. for 2007" »

In the Washington D.C. area, area police agencies and transit officials have launched a major campaign focused on reducing the amount of injuries and deaths among cyclists and pedestrians. The campaign was launched on March 20, 2007 in Thomas Circle by officials from suburban Maryland, the District, and northern Virginia. Called “Street Smart Pedestrian and Bicycle Safety Campaign,” the program will include heightened traffic enforcement and a public education campaign.

According to recent studies, ¼ of people killed in the Washington area every year are either pedestrians or cyclists. In 2006, these two groups made up 40% of all highway deaths in the District. Officials say that 90 pedestrians are killed in the Washington area every year, while 3000 others are injured. At least 9 pedestrians have already been killed in the area this year.

Helmets.org provides a number of statistics related to bicycle accidents and injuries:

• There are 85 million bicycle riders in the US.
• 784 bicyclists died on US roads in 2005. 92% of them died in crashes with motor vehicles (720).
• About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized.
• Bicycle crashes and injuries are under-reported, since the majority are not serious enough for emergency room visits.
• 1 in 8 of the cyclists with reported injuries has a brain injury.
• Two-thirds of the deaths here are from traumatic brain injury.
• A very high percentage of cyclists' brain injuries can be prevented by a helmet, estimated at anywhere from 45 to 88 per cent.
• Many years of potential life are lost because about half of the deaths are children under 15 years old.
• Direct costs of cyclists' injuries due to not using helmets are estimated at $81 million each year.
• Indirect costs of cyclists' injuries due to not using helmets are estimated at $2.3 billion each year.

Crews have added countdowns at crosswalks at Thomas Circle to make the area safer, as well as clearly marked Metro bus lanes and bicycle lanes.

Officials say the safety crackdown will take place in different areas every six weeks. The safety campaign includes the use of billboards, bus advertising, posters, hand-outs, and radio campaigns.

Although there are safety precautions that you can take as a pedestrian or a cyclist, this does not necessarily make you immune to the carelessness or negligence of others on the roadways. Injuries to a pedestrian or a cyclist can be serious—even fatal.

Continue reading "Area Police Agencies In Washington D.C. Area Kick Off Street Smart Pedestrian And Cyclist Safety Campaign" »

In Washington D.C., A couple in their 20’s were taken to a local hospital last night, after they were struck by a light blue 4-door Honda Accord while they were crossing Wisconsin Avenue close to Tenley Circle. The impact of the car collision threw one of the victims 50 feet. Witnesses say that the driver of the Honda fled on foot.

Pedestrians who are injured on the road because a driver behaved negligently should speak to a personal injury lawyer right away and find out if they have grounds to file a claim for their injuries.

A Few Pedestrian Accident Statistics:

• 1 pedestrian is killed every 111 minutes in a traffic crash
• A pedestrian is injured every eight minutes in a traffic accident
• Nearly 5,000 pedestrians were killed in 2003

According to U.S. government statistics, there are close to nearly 700,000 hit and run cases annually.

A hit and run accident is an accident where the party that caused the motor vehicle accident did not stop at the accident scene but proceeded to drive or walk off. By law, people involved in car accidents or any other kind of motor vehicle accident are obligated to stop and exchange pertinent driver, vehicle, and contact information. If a driver hits a parked vehicle, he or she is required to take down any information (vehicle license number, car model, type of damage) about the car and leave his or her own details.

If a hit and run driver is later apprehended, he or she may have to face criminal penalties, as well as become the defendant of a personal injury lawsuit.

The victim filing a personal injury claim may demand compensatory damages, such as lost wages, medical costs, and other related or resulting expenses. Punitive damages—if it appears that the negligent party acted with malice or intent—may also become a factor in a personal injury lawsuit.

Continue reading "Two Pedestrians Are Struck By A Driver In Hit And Run Accident On Washington D.C.’s Wisconsin Avenue" »

Mary Dorothy Reinhardt, a Hagerstown resident, was hit by a 1993 Honda Del Sol in a pedestrian accident last Friday, while walking eastward on U.S. 40 in the travel lane. Maryland State Police say she later died at Washington County Hospital.

The driver of the Honda, 28-year-old Rocky Lynn Bishop, was not injured during the accident.

• In 2005, 4,881 pedestrians were killed in traffic crashes in the United States — a decrease of 13 percent from the 5,584 pedestrians killed in 1995.

• On average, a pedestrian is killed in a traffic crash every 108 minutes and injured in a traffic crash every 8 minutes.

• There were 64,000 pedestrians injured in traffic crashes in 2005.

• Most pedestrian fatalities in 2005 occurred in urban areas (74%), at non intersection locations (80%), in normal weather conditions (89%), and at
• night (67%).

• Pedestrian fatalities accounted for 83 percent of all nonoccupant fatalities in 2005. The 784 pedalcyclist fatalities accounted for 13 percent, and the remaining 3 percent were skateboard riders, roller skaters, etc.

Who may be liable in a pedestrian personal injury accident:

• A person who is negligent when driving a motor vehicle and strikes a pedestrian
• The pedestrian for acting negligently, resulting in a personal injury accident
• The company or persons responsible for maintaining the road, sidewalk, or other area where the pedestrian accident took place

It is important to speak with an experienced personal injury attorney who has a successful track record when handling pedestrian accidents.

Continue reading "Female Hagerstown Pedestrian Dies In Car Accident On Maryland's U.S. 40" »

There have been reports of a recent rise in pedestrian deaths in the Washington D.C. area. While 17 pedestrians were killed on D.C. roads during all of 2006, four pedestrians were killed within one week alone in early February. By February 12, five pedestrians fatalities in D.C. had already been noted for 2007:

· Metropolitan Police say one pedestrian was killed on February 11 when he was hit by a Maryland man driving a 2004 Mitsubishi Endeavor. The victim appeared to be drunk and crossed the street outside the crosswalk.

· Another pedestrian, J’lin Tyler, a 6-year-old elementary school student, was killed after he ran into the street and was hit by a Jeep Cherokee on February 9.

· On February 7, a man went to the Third Street Tunnel entrance to help a driver whose tractor-trailer was too tall to go through the tunnel without guidance. As the driver put the truck into reverse, the man, who was directing the driver, moved into the way of a cement truck and was fatally struck.

· Another man, Gary Scott Phillips, was crossing New Hampshire Avenue, NW, on February 3 when a man riding a bicycle hit him. Phillips died as a result of the accident.

· On January 16, Carla Gonzales, 24, ran in front of a Metrobus, which struck and killed her on 16th Street NW.

In 2004, 10 pedestrians were killed in the Washington D.C. area. 16 pedestrians died in 2005.

Washington D.C. Mayor Adrian M. Fenty says that his administration is working on a Pedestrian Master Plan, which will identify the improvements that are necessary to the District’s crosswalks, sidewalks, refuge islands, and countdown signals.

While pedestrian error is a common cause of pedestrian injures and fatalities, driver error can also lead to pedestrians getting hurt or being killed on the road.

Examples of Common Driver Errors Leading To Pedestrian Injuries Or Deaths:

· Ignoring a crosswalk, the signal on a traffic light, or a pedestrian crossing sign
· Driving under the influence of alcohol or drugs
· Disregarding a traffic light or a pedestrian walk sign
· Not paying attention to a pedestrian that is crossing the road, whether or not they are in a designated crossing area
· Not paying attention while driving by a stopped school bus to see whether children might be preparing to cross the street or get off or on the bus

A pedestrian struck by a car, motorcycle, truck, SUV, or other kind of moving vehicle can sustain serious injuries and possibly even be killed in an accident. When a driver’s negligence leads to a pedestrian injury or death, the driver may be held liable for the injuries or wrongful death through a personal injury claim filed on behalf of the victim or their loved ones.

Continue reading "In Washington D.C., A Recent Increase In Pedestrian Deaths " »

The 41-year-old-woman who was arrested for hitting a toddler and his grandmother with her truck and then dragging the toddler in his stroller under her pickup truck for almost a mile as she left the scene has been indicted for auto manslaughter.

Lazara Arellano de Hogue faces two felony counts of failing to stop her vehicle at the scene of a deadly accident, two charges of vehicular manslaughter, negligent and reckless driving, failing to render aid, and failing to avoid collision with a pedestrian. If convicted for vehicular manslaughter or felony hit-and-run, she could face up to 10 years in prison for each conviction.

The toddler, 3-year-old Elijah Cozart, died as a result of the accident, while his grandmother, Marjorie Thomas, was seriously injured and treated at the Maryland Shock Trauma Center. Thomas is healing slowly and using a walker.

Released since December on $250,000 bail, Arellano de Hogue now is back in police custody. Bail has been set to $2 million.

According to a recent USA Today analysis, the number of people killed in hit and run accidents has grown 20% since 2000.

In 2005, according to the National Highway Traffic Safety Administration, 974 of the 4881 pedestrians who were killed were victims of hit and run accidents.

According to the AAA Foundation for Traffic Safety, nearly 11% of all police-reported vehicle-related accidents involve hit and run, and pedestrians make up 60% of people killed in hit and run accidents.

The AAA Foundation says that their analysis of General Estimates System databases and the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System found that 14,914 people died from hit and run accidents between 1994 and 2003.

The Foundation offers the following tips to help keep pedestrians safe around traffic:

-Obey traffic signals
-Look left, then right, then left again before crossing the street even when in a crosswalk
-Watch for turning vehicles when crossing
-Remain alert and aware of cars as they approach and pass you
-Do not assume drivers see you because you see them
-When sidewalks are not present, walk as far away from the roadway as possible
-If walking at night wear retro reflective and light-colored clothing

Continue reading "More Charges Added In Hit And Run Dragging Death Of Toddler In Baltimore County" »

While walking through a parking area behind Sam’s Club at the Golden Ring Mall on December 11, Edward Witte, 61, was struck by a vehicle and dragged for about 30 feet. The driver of the vehicle was Baltimore resident Margaret Wance, 65. A police helicopter flew Witte to the Maryland Shock Trauma Center. Police investigating the accident say early indications show that Wance’s car swerved into the pedestrian.

If you have been injured in a pedestrian accident and you would like to file a personal injury lawsuit, there are a number of steps you can take in the initial days and weeks following the accident to protect your right to compensation.

Nolo.com provides the following suggestions:

· Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you've suffered as a result of the accident.
· Make notes of conversations that you have with people involved in the accident or the injury claim.
· Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
· Locate people who witnessed the accident and who might be able to help you prove your case.
· Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.

It is important that you take very thorough notes regarding your accident and your injury. This will be very important later when you want to explain to an insurance company exactly what happened to you and the extent of your pain and injuries. Try to preserve any physical evidence that you can find. If possible, you may want to return to the accident scene to take photographs. You may also want to preserve any physical damages, such as damage to your car, damage to your clothing, or a broken mirror. This well help you later, should you decide to file a personal injury lawsuit.

It is also important that you notify the party or parties that you believe to be responsible for the accident by writing them a letter of notification. This letter of notification should include basic information about the accident. Do not, however, discuss fault or responsibility in your letter. Notify these parties right away.

A personal injury attorney can help you file your claim to help you reach a settlement. If a settlement isn’t reached, your attorney may have to take your personal injury lawsuit to court. In Maryland, the statute of limitations for filing a personal injury lawsuit is three years.

Continue reading " Rosedale, Maryland Pedestrian Is Critically Injured After Car Accident" »

A Towson, Maryland district court judge has reduced the bail of the woman charged in the hit-and-run dragging death of three-year-old Elijah Cozart in Baltimore County to $250,000. Cozart’s grandmother had been pushing him in a stroller across Goucher Boulevard when a 1999 Dodge Ram pickup truck, driven by Lazara Arellano de Hogue, struck Cozart, and his grandmother, Marjorie Thomas, 55 as they were crossing the street. The pickup truck continued down the road, dragging the boy underneath it for nearly 3/4ths of a mile before he tumbled free. He was taken to Good Samaritan Hospital where he was pronounced dead. Thomas is still in the hospital.

Arellano de Hogue, who was arrested on Castle Drive at a home that she shares with her boyfriend, was held at the Baltimore County Detention Center on $2 million bail over the weekend. She claims that she didn’t know she had hit the toddler—only the grandmother, whom she claims she had swerved to avoid.

According to police, however, Arellano de Hogue was seen getting out of the vehicle, pulling the stroller out from under the pickup truck, and driving away.

USA Safekids.org says that:

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· Children ages 14 and under are more likely to suffer pedestrian injuries in areas with high traffic volume, a higher number of parked vehicles on the street, higher posted speed limits, no divided highways, few pedestrian-control devices, and few alternative play areas.

· Child pedestrian injuries occur more often in residential areas and on local roads that are straight, paved, and dry.

· Children ages 4 and under are at the greatest risk from child pedestrian death.

· In 2002, children ages 4 and under accounted for more than 40 percent of pedestrian injury-related deaths.

· Nearly 10 percent of all child pedestrian-related injuries occur in driveways.

· Children ages 4 and under account for 80 percent of these driveway-related pedestrian injuries.

· Toddlers (ages 1 to 2) sustain the highest number of pedestrian injuries.

· More than half of all toddler pedestrian injuries occur when a vehicle is backing up.

· Children from birth to age 2 are also more likely to suffer pedestrian injuries in parking lots and on sidewalks.

· Nearly two-thirds of child pedestrian deaths are among males.

· African-American children have a pedestrian injury death rate almost twice that of white children.

Continue reading "In Hit-And-Run Dragging Death Of 3-Year-Old Maryland Boy, Woman Could Face 5 Years In Prison" »

In Anne Arundel County's Maryland City, a white pickup truck hit a pedestrian at the corner of Brock Ridge Road and Route 198 on the night of Monday, October 30 and fled the scene soon after. The victim was taken to The University of Maryland R. Adams Cowley Shock Trauma Center in Baltimore.

According to a USA Today analysis, the number of pedestrians killed in hit-and-run accidents since 2005 is now 20% greater.

The National Highway Traffic Safety Administration says that in 2005, 974 out of 4881 pedestrians who were killed died in hit-and-run accidents.

A hit-and-run accident is one of the most challenging crimes to resolve because so often there are no witnesses. Often, the driver doesn’t intend to hit the pedestrian or other vehicle, yet he or she commits a crime just by driving off and leaving the scene of the accident.

Hit-and-Run Laws in Maryland:

20-102. Driver to remain at scene - Accidents resulting in bodily injury or death.
(a) The driver of each vehicle involved in an accident that results in bodily injury to or death of another person immediately shall stop the vehicle as close as possible to the scene of the accident, without obstructing traffic more than necessary.

(b) The driver of each vehicle involved in an accident that results in bodily injury to or death of another person immediately shall return to and remain at the scene of the accident until the driver has complied with § 20-104 of this title.
[An. Code 1957, art. 661/2, § 10-102; 1977, ch. 14, § 2; 1986, ch. 472, § 1; 1988, ch. 6, § 1; 1991, ch. 346, § 1; 1998, ch. 781; 2001, ch. 483; 2002, chs. 461, 462.]

§ 27-113. Violation of § 20-102 of this article.
(a) Serious bodily injury defined. In this section, "serious bodily injury" means an injury that:
(1) Creates a substantial risk of death;
(2) Causes serious permanent or serious protracted disfigurement;
(3) Causes serious permanent or serious protracted loss of the function of any body part, organ, or mental faculty; or
(4) Causes serious permanent or serious protracted impairment of the function of any bodily member or organ.

(b) Penalty for serious bodily injury. A person who violates § 20-102 of this article ("Driver to remain at scene - Accident resulting in bodily injury or death") and who knew or reasonably should have known that the accident might result in serious bodily injury to another person and serious bodily injury actually occurred to another person, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 5 years or a fine of not more than $5,000 or both.

(c) Penalty for death. A person who violates § 20-102 of this article ("Driver to remain at scene - Accident resulting in bodily injury or death") and who knew or reasonably should have known that the accident might result in the death of another person and death actually occurred to another person, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 10 years or a fine of not more than $10,000 or both.
[2002, chs. 461, 462.]

§ 5-106. Prosecution for misdemeanors; manslaughter by automobile, motorboat, etc.; homicide by motor vehicle.
(p) Manslaughter by automobile, motorboat, etc.; homicide by motor vehicle; stopping at scene of accident. A prosecution for an offense under Title 2, Subtitle 5 or § 2-209 of the Criminal Law Article or § 20-102 of the Transportation Article shall be instituted within 3 years after the offense was committed.

According to the Insurance Institute for Highway Safety:

· Pedestrians comprise the second largest category of motor vehicle crash deaths after vehicle occupants, accounting for 11 percent of fatalities. The rates of pedestrian deaths in motor vehicle crashes per 100,000 people also are higher for older people.

· Pedestrian deaths occur primarily in urban areas. Many pedestrians are killed on crosswalks, sidewalks, median strips, and traffic islands.

· Vehicle factors count, too, because the most serious injuries often result from pedestrians being thrown onto the hoods, windshields, or tops of vehicles. Serious head, pelvis, and leg injuries are common, and the severity of such injuries could be mitigated by improving vehicle designs and materials.

The personal injury law firm of Lebowitz and Mzhen handles injury cases that are a result of hit-and-run incidents and other motor vehicle-related accidents. Contact Lebowitz and Mzhen for a free consultation.

Pickup Truck Hits Pedestrian, October 31, 2006

Hit-and-Run Deaths See 20 Percent Increase, USA Today.com, October 17, 2006

Hit-and-Run Laws in Maryland, Deadlyroad.com

Fatality Facts 2005 - Pedestrians, Insurance Institute for Highway Safety

Related Web Resources:

Pedestrian Safety, U.S. Department of Transportation, Federal Highway Administration

Pedestrians Educating Drivers On Safety

County police in Maryland say that there have now been two pedestrian fatalities as a result of the October 6 accident in Perry Hall where, that night, a Dodge van hit two pedestrians who were crossing the 9600 block of Belair Road.

One of the pedestrians, Anne Silk, 69, died at the Maryland Shock Trauma Center that night. The other pedestrian, Anne Dauria, 77, died a few days later. Police are investigating the cause of the accident. The driver of the van was not hurt.

The CDC says that in 1999:

· Nearly 5,000 pedestrians died from traffic-related injuries.
· Another 85,000 sustained nonfatal injuries
· People 65 and older accounted for 22% of all pedestrian deaths and approximately 8% of nonfatal pedestrian injuries. The pedestrian death rate for this age group is higher than for any other age group.
· The pedestrian fatality rate is more than twice as high for men as for women.
· Hit-and-run incidents account for one out of five pedestrian deaths.
· Approximately one-third of pedestrians 14 and older who were killed by a motor vehicle were intoxicated, with blood alcohol concentrations of 0.10% or more.

The U.S. Department of Federal Highway Administration says that in 1994:

· 1,249 senior adults ages 65 and older pedestrians died in traffic accidents.
· 6,850 older adults were injured as pedestrians.

The personal injury law firm of Lebowitz and Mzhen has successfully handled all kinds of pedestrian-related injury cases. If you or a loved one has suffered an injury as a result of a pedestrian accident in the Maryland or the Washington D.C. area, please contact Lebowitz and Mzhen via email or call toll-free at 1-888-311-HURT (4878) for a free, no obligation consultation.

Second Pedestrian Dies In Perry Hall Accident, baltimoresun.com, October 12, 2006

Focusing On The Senior Pedestrian, U.S. Department of Federal Highway Administration

Pedestrian Injuries, 2001-2002 Fact Book, CDC.gov

Related Web Resources:

Maryland Statewide Bicycle And Pedestrian Plan

Safety Tips For Pedestrians, Sharetheroadsafely.org

Yesterday, A 7-year-old child was hit by a motor vehicle after she ran onto the 2900 block of Stanton Road. According to police, the child is being treated for bruises and scrapes. This is the second child pedestrian-related accident on a D.C. street in the last few days.Just five days ago, 4-year-old girl was killed by a truck.

In 2005, According to the National Highway Transportation Safety Administration (NHTSA):

· 64, 000 pedestrians were injured.
· 16,000 of those injured were 14-years-of-age or younger.
· 4881 pedestrians were killed.
· Kids who were 14 years of age and younger made up 7 % (339) of these fatalities.

The Center for Disease Control (CDC) explains why child pedestrians are at high risk for sustaining injuries on the road:

· In the United States, 4,641 pedestrians died from traffic-related injuries in 2004, and another 68,000sustained nonfatal injuries (NHTSA 2005).
· Nearly one-fifth of the traffic fatalities among children ages 5-9 years were sustained by pedestrians (NHTSA 2005).

Children are at increased risk for pedestrian injuries for several reasons:

· Their smaller size makes them difficult for drivers to see, especially if they are standing between parked cars on the side of the road.
· Young children are often unable to judge distances and vehicle speeds accurately, so they can easily misjudge whether it is safe to cross a street.
· Parents can overestimate their child’s ability to cross the street. Many elementary school-age children don’t understand traffic signals or how to anticipate a driver’s actions.
· Drivers and child pedestrians each assume (incorrectly) that the other will yield the right-of-way.

The personal injury law firm of Lebowitz and Mzhen handles pedestrian accidents and accidents involving minors. If you have a child who has been injured or killed in a pedestrian-related traffic accident, please contact Lebowitz and Mzhen for a free consultation.

Child, 7, Struck By Vehicle in Southeast, wtop.com, Oct 3, 2006

Traffic Safety Facts, 2005, NHTSA (PDF)

Child Pedestrian Safety, CDC.gov

Related Web Resources:

Pedestrian Safety Tips, Safekids.org

Facts About Injuries To Child Pedestrians, (PDF)

An Ocean City pedestrian has filed a personal injury lawsuit against the pizza delivery driver who was operating the truck that hit him, the pizza delivery company, and the state of Maryland.

In 2003, Kevin Houck was crossing the Coastal Highway with friends near 93rd street when Houck and a woman were hit by a delivery truck. Andrew Caldwell, the driver of the pizza delivery truck ,who was employed by Domino's Pizza at the time, is named as one of the defendants in the lawsuit. Houck is seeking $1 million in damages from Caldwell for allegedly negligent driving. Houck is also asking the pizza delivery company for $1 million. In addition, Houck is suing the state of Maryland, The State Highway Administration (SHA), and the Department of Transportation for $1 million because of the allegedly faulty design of a median located in an area of the highway where it is allegedly not safe for pedestrians to cross the road.

The State Highway Administration (SHA) offers the following Pedestrian Statistics from 2003:

· 4,749 pedestrians were killed in the United States.
· 119 pedestrians were killed in Maryland.
· 70,000 pedestrians sustained injuries due to a motor vehicle-related incident.
· In Maryland, the costs associated pedestrian traffic crashes exceeded $759 million.

Profile of a pedestrian traffic crash in Maryland - 2003

Who:
· Men are over represented in pedestrian traffic crashes. (60 %)
· The age groups with the highest number of pedestrian traffic crashes were the 21-34 year olds (599 crashes – 47.4 % of total crashes).

Where:
· Baltimore City was over represented in pedestrian traffic crashes. The City comprises less than 7 % of the state’s vehicle miles traveled, yet accounts for 32.9 % of the state’s pedestrian crashes.
· Prince George’s, Montgomery, and Baltimore counties had the next highest number of crashes (490, 449, 426 respectively).
· The majority of pedestrian traffic crashes occur within the City and on county roads.

When:
· The highest number of pedestrian traffic crashes occurred in October (312).
· Pedestrian crashes are highest on Fridays (566), but almost as likely to occur on a Wednesday or Thursday (481 each)
· The highest percentage of pedestrian traffic crashes occurs between 12:00 PM to 9:00 PM.

If you or someone you love has been injured while on the street as a pedestrian due to the negligence of a driver or someone else, contact the personal injury lawsuit of Lebowitz and Mzhen for a free consultation.

SHA Sued For Coastal Highway Median Design, mdcoastdispatch.com, August 31, 2006

Pedestrian Safety, Maryland State Highway Administration

Related Web Resources:

Maryland Department of Transportation

Adult Pedestrians, Loyola University Health System

A few of the 10 school children who were injured after being hit by a white Ford van while waiting for their school bus at a bus stop in front of Forest Park Apartments on Piney Branch Road in Silver Spring are still being treated for their injuries.

Montgomery County police say the accident took place on the morning of Friday, September 1, when Sebastian Vasquez, the driver of the van, lost control of his vehicle and hit a curb, a fire hydrant, and the middle school students.

The students were taken to Washington Adventist Hospital in Takoma Park and Children’s Hospital in Washington D.C. Police are still investigating the cause of the accident, and it is not known whether Vasquez will be charged with committing any crime.

In 1999, according to the CDC:

· Almost 5,000 pedestrians died in traffic-related accidents.
· About 85,000 pedestrians were injured.
· 30% of the pedestrians killed (14 years of age and older) were killed by a drunk driver.
· 1 out of 5 pedestrian deaths were caused by hit-and-run accidents.
· Children (15 years of age and younger) accounted for 32% of nonfatal pedestrian injuries and 12% of pedestrian fatalities.

If you or someone you know has been injured while walking, running, or standing on a street or sidewalk due to the negligence of a driver, you may be able to file a personal injury lawsuit. An experienced personal injury lawfirm can assist you and give you the proper advice regarding your pedestrian accident-related injury.

Montgomery Company Police: Van Accident Investigation Ongoing, wtop.com, September 8, 2006

Van Slams Into Middle School Bus Stop, Injuring Children, Gazette.net, September 6, 2006

Pedestrian Injuries, CDC

Related Web Resources:

Pedestrian Safety Laws, About.com

Pedestrian Safety, NSC.org

Statistics by the United States Department of Transportation and the National Highway Transportation Safety Administration say that in 2002, over 4800 pedestrians were killed and over 70,000 others were injured in vehicle-related accidents.

On June 6 in Ocean City, Maryland, a female woman in her 20’s suffered head injuries after being hit by a car filled with River Hill, Pennsylvania high school graduates. The pedestrian had failed to use a crosswalk.

In Hagerstown, Maryland, police are blaming an 18-year-old teenager for two hit-and-run incidents that took place on June 3. According to police reports, William Guy IV was driving a Ford Bronco in the wrong direction on I-81 South when he hit a pickup truck and later hit a pedestrian. Guy is said to have left both accident scenes. Police finally apprehended him after his Bronco crashed into a road sign. The pedestrian and two other victims were treated and later released at Washington County Hospital.

A pedestrian was killed on May 12 in Indian Head, Maryland when James Turner, 24, was hit by a bus while trying to cross Indian Head Highway on Route 210 in Charles County. Turner was struck when the driver of the bus swerved the vehicle from the right to the left lane to avoid deer on the road. So far, no charges have been filed.

A pedestrian accident can result in a range of injuries, including:
· Broken or fractured bones
· Permanent disability
· Temporary incapacitation
· Head injuries
· Brain injuries and damage
· Disfigurement
· Mental distress and damage
· Death

A personal injury lawyer can help you get compensation for injuries, distress, medical costs, loss of earnings, and any other damages or expenses resulting from a pedestrian accident. If you have lost a loved one as a result of a personal injury accident, you may be able to receive compensation for wrongful death.

Police: Pedestrian Struck By Teen Graduate, Delmarvanow.com, June 7, 2006

Pedestrian Struck And Killed By Bus Driver, ABC7news.cm, May 12, 2006

Police Say Teen Responsible For Three Early Morning Accidents, NBC25.com, June 3, 2006

Pedestrian Accident, Lawcore.com

Related Web Resources:
Injury Prevention: Pedestrian Safety, National Highway Safety Administration

Crash Statistics, Pedsafe