Maryland Accident Law Blog

The family of John R. “Jack” Yates is suing a truck driver and his employer for the 67-year-old’s Baltimore wrongful death. Yates was cycling in the Charles North neighborhood on Maryland Avenue behind the truck driven by Michael Dale Chandler on August 4 when he got trapped under the loaded fuel tanker’s tires and was run over.

The truck kept going because Chandler does not appear to have realized that he had driven over anyone. Yates was pronounced dead at the crash site.

Now, Yates’ daughter and wife are suing the truck driver and Potts & Callahan Inc. for $5 million. Following an investigation into the Baltimore truck crash, the bicyclist was found responsible for the tragic accident since he was riding in the parking lane and tried to overtake the truck from the right. However, the plaintiffs’ legal team is adamant that Yates wasn’t at fault. Under Maryland law, bicyclists must keep up with the flow of traffic and make sure their bicycles stay to the right.

Chandler has not been criminally charged over the Maryland truck collision.

Maryland Truck Crashes
It is devastating to know that someone you loved died in a tragic accident. Not only must surviving family members cope with losing someone they love and the effects that this unexpected, premature death will have on their lives, but there is also the trauma of imagining what your loved one may have had to endure prior to death. For bicyclists that survive large truck crashes, they may be left to struggle with traumatic brain injuries, spinal cord injuries, burn injuries, or disfigurement.

Even if a negligent motorist isn’t charged in criminal court, you can sue them for the Maryland wrongful death of your loved one in civil court.

Family of bicyclist killed in city accident files $5 million lawsuit, The Baltimore Sun, March 5, 2010

Related Web Resources:
Senate wants drivers to move over for cyclists, Maryland Politics, The Baltimore Sun, February 11, 2010

Maryland Bicycle Laws and Regulations, College Park Area Bicycle Coalition

A Harford, Maryland tractor-trailer crash has killed one man while critically injuring his wife. Leonard Clark, 38, and his wife Kimberly, 39, were standing next to I-95 on the night of February 24 when they where hit by a semi-truck.

The seriously injured couple was transported to Maryland Shock Trauma Center where Leonard was pronounced dead. As of last Friday, Kimberly’s condition was considered very serious.

Our Maryland tractor-trailer crash attorneys extend our sympathies to the Clark family. Losing someone you love and/or getting seriously hurt in a semi-truck crash is catastrophic. Tractor-trailers are so huge in size and heavy and weight that anyone struck by a semi-truck is at high risk of sustaining serious injuries and/or dying.

Just the day before the Maryland truck accident involving the Clarks, 22-year-old Boonsboro pedestrian Anthony Allen McChesney died when he was hit by a United Parcel Service semi-truck on I-81. The Hagerstown truck crash occurred at around 4:31 am.

Also last month, during the early afternoon of February 11, a State Highway Administration worker got hurt when a tractor-trailer hit his truck as he warned motorists that a crew was removing snow off the Baltimore Beltway. The SHA worker, James Flutka, sustained injuries. Truck driver Robert Scolaro, who was transporting diapers, was not injured. He did receive a traffic citation for failure to control speed.

D.C. man killed, wife injured in accident, The Washington Post, February 25, 2010

Boonsboro man struck and killed by tractor-trailer on I-81, The Herald-Mail, February 23, 2010

Even with the worst of two severe winter storms behind them, state police and roads officials are warning against complacency on the part of drivers, Carroll County Times, February 12, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

Maryland State Highway Administration

Continue reading "Maryland Semi-Truck Crash Kills Husband and Seriously Injures His Wife" »

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

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

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

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

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

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

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

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

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

Distraction.gov

Human Factors and Ergonomics Society

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

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

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

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

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

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

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

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

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

Related Web Resources:
Maryland

Federal Motor Carrier Safety Administration

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

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

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

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

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

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

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

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

Related Web Resources:
Hit and Run Maryland, Deadly Roads

Maryland Department of Transportation

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

In Baltimore County, the business editor of the Baltimore Sun died last week when the car he and his nine-year old daughter were riding in was involved in a Maryland truck accident with a UPS vehicle. Tim Wheatley, 48, died at the traffic site. His daughter, Sarah, was seriously injured and was transported to a hospital.

Police are investigating the truck accident to see if anyone involved ran a red light and if charges should be filed.

Truck Accident Cases
Our Maryland truck accident lawyers know how hard it is to cope with the loss of your loved one and/or your own injuries. The last thing you probably want to do right now is deal with insurers and trucking companies and police. This is why it is so important that you contact a Baltimore County injury law firm immediately. Your Maryland accident lawyers can begin the claims and investigation process for you because you will likely need to avail of your financial recovery to cover medical expenses, funeral expenses, lost wages, and other damages. Traffic accident recovery also gives you the chance to hold all liable parties responsible.

In August, a Maryland jury awarded Baltimore truck crash victim Shannon Brown over $1 million for injuries she sustained in July 2006. Brown’s right leg was crushed in a Maryland truck accident with a tanker truck. Luckily, her baby boy who was in the vehicle with her did not get hurt.

On September 26, a young child sustained serious burn injuries to his neck, torso, and face when the car he was riding in burst into flames after it was struck in a Maryland tractor-trailer crash on Interstate-95. A pregnant woman and a man were trapped in the car with him.

Baltimore Sun business editor killed in crash, Chicago Sun-Times, October 5, 2009

Family Rescued After Crash with Tractor-Trailer, ABC2, September 26, 2009

Related Web Resource:
Trucking Accidents, Nolo

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

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

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

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

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

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

Related Web Resources:
Trucking Accidents, Nolo

Truck Accidents Overview, Justia

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

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

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

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

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

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

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

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

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

Related Web Resources:
National Highway Traffic Safety Administration

Maryland State Highway Administration

In Maryland, Shannon Brown was awarded $1,063,807.37 for the Baltimore City truck accident injuries that she sustained on July 13, 2006. Brown fractured her leg and her right leg was crushed when a gas tanker truck ran a red light and struck the car that she was in. Fortunately, her baby, Elijah, was not injured even though he was in the car with her.

Brown had two undergo two surgeries for her fracture. A medical team inserted 18 screws and a plate in the leg that was crushed.

The Maryland truck accident lawsuit was filed in Baltimore City Circuit Court. The plaintiffs and defendants had disagreed over who was at fault in causing the Baltimore City truck collision. The jury, however, decided that an 11-year-old witness who testified that Brown was the one with the green light was the most credible. They also found the truck driver liable for causing the traffic crash. Prior to going to trial, Eastern Petroleum, the trucking company that was a defendant in the lawsuit, tried offering Brown a $25,000 Maryland personal injury settlement.

$1 million of the verdict is for pain and suffering. Brown’s noneconomic damages, however, will go down to under $729,000 because of Maryland’s cap on damages.

Traffic violations, such as running a red light, not stopping at a red light, failing to signal, and failing to obey the speed limit, can lead to catastrophic consequences if the driver ends up hitting another vehicle. As we reported earlier this month, on August 4, John R “Jack” Yates died when a truck struck his bicycle at an intersection in downtown Baltimore in a hit-and-run crash. Surveillance footage shows the vehicle making an abrupt right turn without signaling. The 67-year-old bicyclist got tangled under the truck’s rear tires and died at the Maryland truck accident site. Police are trying to find the truck driver.

Baltimore City Truck Accident Lawsuit Results in $1M Verdict, About Lawsuits, August 19, 2009

Attorney: Video of collision that killed cyclist shows truck at fault, Baltimore Sun, August 13, 2009

Continue reading "Maryland Woman Injured in Baltimore City Truck Accident Awarded $1 Million " »

A 67-year-old Baltimore bicyclist is dead after he was fatally struck in a Maryland truck accident. Police are currently searching for the hit-and-run trucker, who left the crash site.

The deadly Maryland bicycle accident occurred at the intersection of West Lafayette and Maryland Avenues. Investigators say that the truck struck Yates as it turned left on West Lafayette. According to witnesses, the cyclist appears to have gotten stuck beneath the truck’s back wheels.

Yates’s fatal injuries included massive trauma to his left leg and abdomen. His wife Ellen said he was on his bike running errands when the deadly Baltimore truck crash happened.

Police are still searching for the box truck driver.

According to Maryland’s State Highway Administration, from 2005 – 2008 about 7 people a year have died in Maryland bicycle accidents.

Proving liability in any kind of Maryland motor vehicle case can be tough and you will need all of the legal help that you can get. Often, when a bicyclist is involved in a traffic crash with another vehicle, it is the cyclist who will have sustained the most serious injuries.

In many cases, these injuries will be catastrophic if not fatal. In addition to medical costs for hospital stays, medical procedures, and rehabilitation expenses, there will also be lost wages to consider for time taken off work, property damage, and possible loss of future earning potential and benefits. It is also impossible to disregard the mental and emotional anguish and trauma that can affect the victim as well as family members.

Whether the responsible party is a driver who remained at the scene or a hit-and-run motorist, you are entitled to the maximum Maryland personal injury recovery possible.

Bicyclist killed in accident identified, Baltimore Sun, August 5, 2009

Cyclist Struck And Killed In Baltimore, WJZ, August 6, 2009

Related Web Resources:
Bicycles, NHTSA

Maryland State Highway Administration

Continue reading "Maryland Bicyclist Killed in Baltimore Box Truck Accident Involving Hit and Run Driver" »

Findings released from a new study this week report that texting while driving increases the chance that a truck driver will be involved in a truck crash or near-accident by 23 times. Researches from Virginia Tech’s Transportation Institute looked at commercial trucking information from two studies—one in 2003 and the other in 2007. 203 truck drivers who drove over 3 million miles took part in the studies. The institute studied 4,452 events considered “safety-critical,” including 197 near accidents and 21 truck crashes.

Video cameras were installed in large trucks that were used to shoot footage of truck drivers’ facial reactions in the final seconds right before a near miss truck crash or an actual truck accident. The footage showed that the main reason texting while driving is so dangerous for truck drivers is that they have to take their eyes off the road.

The institute’s Center for Truck and Bus Safety Rich Hanowski says that taking one’s eyes off the road when driving for more than two seconds is dangerous. Yet in the last six seconds right before these truck accidents and near collisions, a number of the truckers spent 4.6 seconds with their eyes on their communication device rather than the road. In that length of time, a truck moving at 55mph will have traveled a football field’s length.

Hanowski also said it was important to note that texting while driving isn’t just dangerous for truck drivers, it’s a safety risk for all drivers who do it. While it will be illegal for all Maryland motorists to text while driving October 2009—this isn’t always enough to get drivers to stop texting while driving. Yet the consequences can be catastrophic, such as when a large tractor-trailer ends up slamming into a small passenger car because a trucker was busy checking messages.

Texting while driving riskier than thought, study finds, Chicago Tribune, July 29, 2009

Texting and Driving Don't Mix, The Washington Post, July 29, 2009

New Data from VTTI Provides Insight into Cell Phone Use and Driving Distraction, Virginia Tech Transportation Institute, July 27, 2009 (PDF)

Related Web Resources:
Cell Phone Driving Laws, GHSA, July 2009

Continue reading "Maryland Truck Accidents 23 times more likely When Truck Drivers are Texting" »

Last week, the National Highway Traffic Safety Administration introduced new braking standards for truck tractors. Whereas the old standard required tractor-trailers moving at 60 mph come to a full stop within 355 feet, the new standard mandates a complete stop within 250 feet.

The federal agency estimates that this new standard will decrease the number of US truck accidents each year, preventing 300 serious injuries and saving 227 lives each year while reducing property damage expenses by more than $169 million a year. The new standard will be phased in over a four-year period starting with 2012 models and will hopefully accelerate the implementation of the newest brake technology into the country’s freight hauling fleets. According to the NHTSA, truck tractors make up about 99% of the fleets.

The NHTSA says there are several simple solutions that truck manufacturers can put into place to satisfy the final rule requirement, including using air disc brakes, enhanced drum brakes, or hybrid disc systems. The new truck brake requirement will hopefully play a role in continuing the overall decline in US truck crashes that occurred last year when 4,299 people died in large truck crashes—a 12% drop from the 4,822 truck accident fatalities that occurred in 2007.

Large truck crashes continue to claim too many lives in Maryland and the rest of the US. Because of this, many trucking companies are prepared to minimize liability over their alleged role in causing a Maryland truck accident. This is why it is important that you have your own Maryland personal injury team in place that will know how to protect your rights to recovery.

Tough New Braking Rules For Large Trucks Will Save Hundreds of Lives Annually, NHTSA, July 24, 2009

NHTSA to require trucks cut stopping distance, Tire Business, July 24, 2009

Related Web Resources:
Read the Final Rule (PDF)

2008 Traffic Safety Annual Assessment, NHTSA, June 2009 (PDF)

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

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

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

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

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

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

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

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

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

Related Web Resources:
Center for Auto Safety

Public Citizen

NHTSA

Maryland Highway Safety Foundation

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

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

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

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

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

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

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

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

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

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

Related Web Resources:
Impaired Driving, CDC

Drugged Driving

Continue reading "Preventing Maryland Drunk Driving and Drugged Driving Accidents: NHTSA Roadside Survey Reports Decrease in Drunk Drivers " »

Nearly one week after a tragic Maryland truck accident on Route 32 killed her 13-year-old son and injured her 5-year-old daughter, 51-year-old Kyong Hae Kim has died.

Kim, her son Vincent, and her daughter Jacqueline were headed to a riding lesson on June 12 when the Sykesville family’s Mazda 5 minivan collided with a flat-bed tow truck driven by truck driver Tymothy Thatcher.

Vincent was pronounced dead at Howard County Hospital. His 5-year-old sister was treated at Children’s Hospital in Washington and released two days later. Kim was pronounced dead at Maryland Shock Trauma Center on Monday night. Thatcher was not injured in the truck accident.

Police are investigating the cause of the Sykesville truck collision.

Maryland Truck Accident Lawsuits
Pursuing your Maryland truck crash claim without the help of a Baltimore personal injury law firm representing you can get tricky. Trucking companies are equipped to combat liability claims filed against them, which is why you need your own truck crash legal team to look out for your best interests and protect your legal rights.

One common argument that a trucking company might use to combat a Maryland personal injury case is to place the blame on the injured party. The truck crash defendant may accuse the motor vehicle of unsafe passing, driving into opposing traffic, drunk driving, failing to stop, failing to yield, following too closely, speeding, distracted driving, or improperly merging. The trucking company might also claim that the truck driver was an independent contractor (rather than an employee) or blame the manufacturer of a specific truck part for a defect that caused the truck collision.

It is also not uncommon for a trucking company, a leasing company, the company that owns the cargo being transported, or another involved party to blame the other parties for the motor vehicle accident.

This is why you need to contact an experienced Maryland truck crash law firm as soon as possible.

Mother dies after crash that killed son, The Baltimore Sun, July 1, 2009

Route 32 crash claims 2nd life, mother of 13-year-old, Howard County Times, June 30, 2009

Related Web Resources:
Teen killed in Howard crash remembered as inspiration, Baltimore Sun, June 26, 2009

FMCSA

Continue reading "Sykesville Mother Dies from Injuries Sustained in Tragic Maryland Truck Accident that Killed Her Teenage Son and Injured Her Daughter" »

The family of John Short, the 57-year-old tractor-trailer driver that died when his truck fell into the Chesapeake Bay during a deadly motor vehicle crash last August, is suing 19-year-old Candy Lynn Baldwin for his wrongful death. Their Maryland civil lawsuit is seeking $7 million from the teenager, who swerved into the lane that Short’s truck was in, causing him to drive his truck through a bridge wall before it fell into the water.

Short’s relatives contend that the deadly Maryland truck accident happened because Baldwin had been drinking prior to getting into her car. Just six months ago, prosecutors decided not to criminally charge the teenager with auto manslaughter because her blood alcohol content two hours after the car-truck collision was .036%. Maryland’s legal BAC limit is .08%.

The Maryland wrongful death lawyer representing Short’s family, however, says Baldwin’s BAC would have been higher if she had been tested right after the Maryland truck accident. He also provided a photo taken from the teenager’s MySpace page that shows her holding a bottle of alcohol while seated behind the wheel of a motor vehicle.

Baldwin told police she drank four beers on the night of the crash. The 19-year-old says she was very tired while driving early on the morning of August 10 but there was no place for her to pull over. She fell asleep while on the bridge and her car swerved across the center line into Short’s path. Baldwin says she woke up just as she saw herself driving toward the truck.

She pled guilty to negligent driving, violating a license restriction, and failure to drive right of center. Baldwin paid a $470 fine.

Short’s family also plans to sue the state of Maryland for his wrongful death. Poor maintenance and improper operation may be cited. Their wrongful death lawyer says the bridge is not up to today’s standards and that the state should not have allowed two-way traffic on the bridge when there is a lot of traffic. 70% of fatalities on the bridge have occurred when two-way traffic was allowed on one span.

$7M civil lawsuit filed in Bay Bridge crash, Hometown Annapolis, June 17, 2009

Md. to be sued over fatal Bay Bridge crash, WTOP, June 17, 2009

Related Web Resources:
Maryland Transportation Authority

Chesapeake Bay Bridge

According to AAA Mid-Atlantic, about 83% of the 609,000 Marylanders traveling 50 miles or more over the Memorial Day weekend will travel by car—that’s 508,000 motor vehicle riders. A decrease in local gas price is one of the reasons cited for an increase in road travelers from last year. Air travel is also expected to increase this year by 7%. Another reason cited for this rediscovered travel bug is that a poor economy has forced hotels, cruises, airlines, and car rental companies to lower their prices.

With more people getting into their cars and heading toward vacation destinations and family reunions, the roads will likely be more crowded this weekend. Traffic and the excitement and rush to arrive at a specific location can create a less relaxed travel climate that can increase the chances that a motorist might become involved in a catastrophic Maryland car accident.

Here are a number of safe driving tips to help you navigate your way through the Memorial Day weekend:

• Make sure you have your maps organized and travel routes planned before leaving.
• Check the Internet, listen to the radio, or watch TV to see where there may be traffic backlogs that you can avoid.
• Make sure that your car is in proper working condition before you head out.
• Have a roadside emergency kit with you.
• Get plenty of rest before you drive.
• Give yourself plenty of time to arrive at your destination.
• Take periodic breaks while driving so you don’t get lethargic or drowsy.
• Don’t speed.
• Obey traffic laws.
• Don’t talk on the cell phone or text message or read maps while driving.
• Drive defensively.
• Don’t drive drunk.
• Keep emergency numbers at your disposal.

More Marylanders to hit the road this weekend, Baltimore Sun, May 21, 2009

Related Web Resources:
AAA Mid-Atlantic
MD Roads

Continue reading "Maryland Car Accident Lawyers: 508,000 Marylanders Will Drive 50 Miles or More This Memorial Day Weekend, Says AAA" »

The Cambridge Health Alliance is reporting that there could be up to 3.9 million licensed commercial truck drivers who are suffering from obstructive sleep apnea. This condition is the number two cause of fatigue during the daytime, which means that truckers with OSA may be more prone than other drivers to engage in drowsy driving or fall asleep behind the wheel of their trucks—two common causes of Maryland truck accidents.

As a matter of fact, sleep apnea in general reportedly increases the chances of being involved in a motor vehicle accident by up to seven fold. The consequences of falling asleep behind the wheel of a large truck can be catastrophic.

Obstructive Sleep Apnea
A person with this sleeping disorder may have trouble breathing and sleeping well at night, which can lead to excessive sleepiness during typical waking hours, a tendency to fall asleep during the daytime, and psychomotor deficits. While about 20 million people in the US are believed to be afflicted with sleep apnea, many individuals don’t even know they have the disorder.

With long, irregular hours already taking a toll on a truck driver’s health and ability to drive lucidly, OSA further compounds the concern that exhausted and overworked truckers could cause fatal motor vehicle crashes because they’ve fallen asleep while driving. The Cambridge Health Alliance, which conducted a 15-month study, recommends making it mandatory for commercial truckers to test for OSA.

The Cambridge Health Alliance OSA-Trucker Test
456 commercial truck drivers were tested. 17% of them met the criteria for possible OSA. These truckers tended to be older, more obese, and had above average blood pressure. Only 20 of the participants that satisfied the OSA screening criteria took part in the sleep studies, and all of them were diagnosed with OSA. Unfortunately, only one of the truckers followed treatment recommendations. According to Dr. Philip Parks, the study’s lead author, most truckers seemed to underreport or minimize symptoms for OSA, and there could be up to 14 million US truck drivers with untreated or undiagnosed sleep apnea.

Truck drivers must be alert anytime they are behind the wheel of their commercial truck. Not only is their vehicle likely larger and significantly heavier than the other vehicles on the road, but often, trucks may be carrying large loads or toxic substances. Unfortunately, in the rush to meet deadlines and fulfill delivery orders, truckers have been known to drive while exhausted. This can make them drive carelessly or recklessly, resulting in fatal truck crashes.

Obesity Linked To Dangerous Sleep Apnea In Truck Drivers, Science Daily, March 12, 2009

Obstructive Sleep Apnea, Sleep Disorder Channel

New Study Links Obesity to Dangerous Sleep Apnea in Truck Drivers, 24-7 Press Release, March 27, 2009

Related Web Resources:
Hours of Service Regulations, Federal Motor Carrier Safety Administration

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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

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Three of the victims of a Maryland motor vehicle accident involving a passenger van and a tractor-trailer are suing the van driver for wrongful death and personal injury. Robin Poffenberger was transporting a group of seniors to a softball tournament in Olney, when he drove a 2003 Chevrolet Custom van into the path of a tractor-trailer.

One van passenger, 72-year-old Clifford J. Rice, died from his injuries. He was sitting in the front passenger side of the vehicle when the May 21, 2008 crash happened at the intersection of Interstate 70 and Md. 66. Six other people suffered serious injuries. The impact of the collision left the truck’s cab embedded in the side of the van.

Now, three Maryland car accident lawsuits have been filed against Poffenberger. Rice’s widow is seeking $4 million for medical costs, loss of her husband’s income, funeral expenses, his pain and suffering, wrongful death, her mental anguish and emotional trauma, loss of companionship, society, protection, attention, comfort, care, counsel, love, and advice.

Another accident victim, Hagerstown resident Jack Finniff, and his wife are seeking $2 million from the van driver. Finniff was so seriously injured that he had to be flown by Medevac to Baltimore, where he was treated at the University of Maryland Shock Trauma Center.

The couple’s Maryland personal injury lawsuit is accusing Poffenberger of negligent driving, which resulted in Finiff’s serious injuries. The complaint also contends that the van driver’s negligence resulted in injury to their marital relationship, loss of companionship and physical relations, and loss of society, assistance, and affection.

A third motor vehicle crash victim, Gardner L. Stewart, is seeking $3 million. Stewart says the defendant’s negligence lead to his permanent injuries, debilitating pain and suffering, severe mental trauma, serious emotional anguish care, and his need for medical attention, hospital care, and rehabilitation.

Poffenberger says he is not liable and wants to go to trial.

Lawsuits filed in fatal 2008 crash, The Herald-Mail, March 8, 2009

Several People Still In Serious Condition From Wednesday’s Route-66 Accident, Your4State.com, May 22, 2008

Related Web Resources:
Car Accidents Overview, Justia

Maryland Motor Vehicle Administration