Maryland Accident Law Blog

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

July 3, 2007 | Lebowitz & Mzhen

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.

Maryland State Highway Worker Is Killed By White Pick-Up Truck

June 29, 2007 | Lebowitz & Mzhen

Richard W. Moser, a Maryland State Highway worker, died on Wednesday after being struck by a white pick-up truck on U.S. 340 eastbound close to I-70.

Maryland State Police say that Moser was working on the side of a bridge that morning when Brian McCully drove his pick-up truck onto the shoulder of the road and struck Moser.

Moser landed in a ditch after being thrown over a guardrail. He was pronounced dead at the accident scene. McCully sustained non-life threatening injuries and was treated at Frederick Memorial Hospital.

Two SHA signs had been placed by the road to warn drivers that workers were in the area. Moser and two other workers had been wearing fluorescent green shirts, which are mandatory for SHA employees when doing roadwork.

According to the Bureau of Labor Statistics, 844 workers died while working at a roadside construction site from 1995 to 2002. Over 50% of these fatalities can be attributed to a worker being hit by a motor vehicle or mobile equipment.

Losing a loved one is traumatic enough without doing so accidentally because of another person’s negligence. If someone you love dies after being struck by a car, truck, or motorcycle while working at a roadside construction site, it is important to speak to an experienced personal injury attorney right away.

Your lawyer can determine if the driver was at fault, whether supervisors followed safety regulations, if a defect in the manufacturing of the vehicle caused the deadly collision, or if there were other causes for the wrongful death that can be blamed on a liable party.

Five High School Cheerleaders Die When SUV Crashes Into Tractor-Trailer

June 28, 2007 | Lebowitz & Mzhen

Five teenagers died in a fiery motor vehicle collision on Tuesday when the SUV they were riding in struck a tractor-trailer. Bailey Goodman, Hannah Congdon, Meredith McClure, Katherine Shirley, and Sarah Monnat had been members of Fairport High’s varsity cheerleading squad in New York, although Shirley left the team following her freshman year.

The girls were headed to a vacation home along Keuka Lake when the sports utility vehicle that they were riding in swerved into ongoing traffic and crashed into the tractor-trailer. Both vehicles then crashed into a fence next to a bed-and-breakfast outside East Bloomfield. The five girls died in the fiery collision. Four friends traveling in another motor vehicle witnessed the deadly crash. The driver of the tractor-trailer was not hurt.

The cause of the crash is under investigation.

An investigation to determine who is at fault will have to take place anytime there is a motor vehicle collision and someone is seriously injured or killed.

A person who sustains serious injuries from an SUV, truck, car, or motorcycle accident because someone else was at fault may have grounds to file a personal injury claim. If someone was killed in a traffic accident because another person was negligent, the victim’s family members may have grounds to file a wrongful death lawsuit.

A good personal injury lawyer can determine who was at fault for causing the accident. He or she also has the knowledge, tools, and experience to figure out if a defect in the vehicle caused the accident and a manufacturer or distributor is to blame. Common grounds for a motor vehicle product liability claim include defective tires, defective airbag, defective seatbelts, and defective breaks.

Recovering from an accident is stressful enough without having to worry about medical or recovery costs.

East Baltimore Woman Is Victim of Pit Bull Attack

June 26, 2007 | Lebowitz & Mzhen

Two pit bulls attacked a woman as she walked close to her home in East Baltimore. The woman, Ruby Pulley, sustained bite injuries on more than 90% of her body. An armed security officer arrived at the scene and shot one of the dogs. The other dog fled to its home.

Pulley, age 53, was taken to Johns Hopkins Hospital where her scratches and bites were treated.

In Maryland, a dog owner cannot leave a dog unattended unless the dog is locked in the house or placed in a secure area outdoors where the dog cannot get out. Maryland defines a “dangerous dog” as a dog that has either seriously injured or killed a person or another animal, a dog that attacks others without being provoked, or a dog that authorities have named as “potentially dangerous” and then injures someone.

The rights of a dog bite victim will very depending on the city and state where the dog attack occurred. Dog bite victims can be eligible to file a personal injury claim if a negligent person were responsible for the attack, the dog owner knew that the dog had attacked another person at least one time before this incident, and the dog owner or person in charge of the dog at the time of the attack violated the dog laws in his or her state.

Here is a list of some dog breeds that are commonly considered dangerous:

• Rottweiler
• Pit Bulls
• Akitas
• Boxers
• Doberman Pinschers

13-Year-Old Girl Severs Her Feet on Superman Tower of Power Ride

June 22, 2007 | Lebowitz & Mzhen

A 13-year-old lost her feet yesterday, when she severed them while riding an amusement park ride at a Six Flags amusement park in Kentucky. She was riding the Superman Tower of Power when a frayed cable snapped, hitting the girl’s legs and severing both of them above her ankle. She was immediately taken to a hospital for surgery.

The ride takes passengers up to 177 feet and then drops them at 54mph. Amusement park officials are trying to determine the cause of the accident, and Cedar Fair Entertainment Co. has shut down similar rides at other parks throughout the U.S.

Intamin AG made the Superman ride but not all the parts.

The International Association of Amusement Parks and Attractions says that in 2005, there we about 1,713 ride-related injuries. 132 of the injuries were serious.

Accidents at amusement parks are not uncommon. At an amusement park in Arkansas last month, riders were left suspended upside down while riding a roller coaster. At the Six Flags in Vallejo, California, six people were hospitalized after rider spent four hours at 70 feet. Eight years ago at the Six Flags park in Kentucky, roller coaster passengers were stranded up at 60 feet for over three hours.

Accidents leading to injuries that are caused because of another’s negligence can be grounds for a personal injury claim or lawsuit. When an amusement park accident leads to injuries, there may be more than one liable party. The amusement park, its parent company, amusement park employees, maintenance workers, amusement park manufacturers, and others may be accountable for personal injury, including for premises liability, products liability, and wrongful death.

Maryland State Police Arrest Truck Driver After Deadly Collision

June 20, 2007 | Lebowitz & Mzhen

Anthony Rice, a tow-truck driver has been arrested following the deadly collision on June 12 that killed MetroAccess driver Emmanuel Toshe, 50.

Toshe, a Silver Springs resident, died when his vehicle crashed into Rice’s tow-truck, which Rice had just made an illegally turn with on Interstate 495’s inner loop in Glenarden.

Rice then fled the accident scene, but police found him after his damaged truck was discovered at a tow lot in Capitol Heights.

Rice is being charged with leaving a fatal accident scene, making an illegal U-turn, and other offenses.

If you have been hurt in an accident involving a tow-truck, big rig, semi-truck, or tractor-trailer, you may want to speak with a personal injury lawyer.

Truck accident claims tend to be more complicated than car accident claims. Injury victims may have to deal with the truck company, the truck driver’s insurance company, and other parties that may be held liable for the accident.

A good truck accident lawyer can also refer you to the proper medical experts that you may need to treat your injuries.

Boy Dies in ATV Accident in Oxon, Maryland

June 17, 2007 | Lebowitz & Mzhen

A boy died in an ATV accident last Friday at the National Harbor construction site. According to Prince George County police, the boy had managed to enter the site, located on Oxon Hill Road, and gotten on top of the ATV-like equipment, which overturned, pinning the boy underneath. He was seriously injured and later pronounced dead.

Authorities say that it looks like the boy and a few of his companions had stolen the ATV vehicle.

Injuries sustained at a construction accident can be very serious and can possibly lead to wrongful death. Those in charge of oremployed at a construction site are required to maintain high safety and security standards so that construction workers and others are not injured as a result.

When someone is injured on a construction site, a careful investigation by an experienced personal injury lawyer can help determine whether a claim can be brought against a negligent party for personal injury, wrongful death, premises liability, or other kinds of personal injury cases.

ATV Accidents

Over the years, there has been a significant increase in ATV accidents, especially among young people who are not experienced enough to handle these fast and heavy motorized vehicles. Common causes of ATV-related deaths include the vehicle turning over or colliding with something. There is no legal age limit to ride an ATV and riders are not required to wear a helmet.

Spinal cord injuries, broken bones, and traumatic brain injuries are just some of the injuries that can be sustained in an ATV accident.

According to 2001 ATV Statistics, 111,700 people were injured while on an ATV that year.

In Ocean City, Maryland Four Scooter Drivers Are Injured In Three Different Motor Vehicle Accidents

June 15, 2007 | Lebowitz & Mzhen

Last Sunday, four people driving scooters were injured in three separate motor vehicle collisions in Ocean City, Maryland.

In the first accident, scooter driver Christopher Herndon was hit by a vehicle at the Baltimore Avenue and 23rd Street intersection. His injuries were treated at AGH.

In the second accident, a vehicle turning left onto Convention Center Drive crashed into two scooters driving down the Coastal Highway. One of the scooter drivers was taken to Peninsula Regional Medical Center in Salisbury. In the third accident, a vehicle turning left on a green signal at 52nd street hit a scooter. Scooter driver Bradley Kidd was also taken to PRMC where he was treated for his injuries.

Riding a scooter can be dangerous, especially if you are struck by a car, motorcycle, truck, or other motor vehicle. Many scooter accidents involving a car collision on the road occur because the other driver did not see the scooter. Injuries sustained in a scooter-related accident can include broken bones, burns, traumatic brain injuries, spinal cord injuries, and wrongful death.

For purposes of Maryland State Law, a scooter is defined as:

-134.4 Motor Scooter
(a) In general – “Motor scooter” means a nonpedal vehicle that:
(1) Has a seat for the operator;
(2) Has two wheels, of which one is 10 inches or less;
(3) Has a step-through chassis;
(4) Has a motor;
(i) With a rating of 2.7 brake horsepower or less; or
(ii) If the motor is an internal combustion engine, with a capacity of 50 cubic
centimeters piston displacement or less; and
5) Is equipped with an automatic transmission.
(b) Off-road vehicles – “Motor scooter” does not include a vehicle that has been

manufactured for off-road use, including a motorcycle and an all-terrain vehicle.

Lindsay Lohan Sued For Personal Injury Two Years After Car Accident

June 14, 2007 | Lebowitz & Mzhen

A man who says that actress Lindsay Lohan was drunk when she drove her Mercedes into his van two years ago is suing her and the Ivy Restaurant for personal injury.

Raymond Ortega says that Lohan, under 21 years of the age at the time of the accident, was eating at The Ivy in Hollywood where she became drunk. She then drove away from the restaurant and crashed into his truck just a few minutes later. The lawsuit blames “The Ivy” for serving alcoholic beverages to a minor, thereby playing a role in the injuries sustained by Ortega.

In his lawsuit, Ortega says that he is suing Lohan for lost wages, pain and suffering, medical bills, and damage to his motor vehicle. Ortega says that Lohan drove recklessly to escape the paparazzi and was watching them instead of the road. He is suing Lohan and the Ivy for more than $200,000.

This is not the first time that Lindsay Lohan has been sued because of a car accident. Grandeur, Inc., is suing the star for $3,624.84 in Small Claims Court for striking a company van in Beverly Hills. She is also being sued by Ilex Harris and Eddie Palmington, who claim that she hit their motor vehicle in an unrelated car accident.

Lohan is currently in rehab. She was recently arrested for DWI after police arrested her and found a substance believed to be cocaine.

Maryland Motorcyclist Dies After Collision With Truck On Alternate U.S. 40 in Boonsboro

June 13, 2007 | Lebowitz & Mzhen

Tyler Patterson Curry, 22, died on Friday night in Boonsboro, Maryland when his motorcycle crashed head-on with a 2007 Mack tractor that had been pulling an empty fuel tanker on Alternate U.S. 40. Curry had just come from picking up his new 2007 Yamaha YZR6 when the collision happened. He was pronounced dead at the accident scene.

The truck driver, Kenneth Woodrow Knight, sustained no injuries. Maryland State Police have been investigating the crash.

Recent figures released by the U.S. government show that the number of motorcycle fatalities has continued to rise in the last 10 years. This rise is consistent with the numbers of motorcycle fatalities reported in Maryland, where last year police recorded 1,701 injuries and 82 deaths involving motorcycles—that’s two times more injuries and triple the number of deaths involving motorcycles than the number of injuries and deaths in 1997.

Accidents involving motorcycles can result in both serious injuries and fatalities to motorcycle riders because they don’t have anything to protect them when they collide with a car, truck, pedestrian, or another motorcycle. If you were riding a motorcycle and were injured because another party was negligent, a good personal injury lawyer can help you negotiate a settlement with the other party’s insurance company. The insurance company will want to try and settle with you directly, but you stand a better chance of obtaining a larger recovery by retaining the services of a personal injury lawyer.