Maryland Accident Law Blog

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.

Four Drives Are Hospitalized After Five Car Collision in Hughesville, Maryland

June 8, 2007 | Lebowitz & Mzhen

A multi-car accident in Hughesville at Siesta Fields Place and Maryland Route 231 on Tuesday left four drivers injured. Three of the injured had to be flown to hospitals because the extent of their injuries were so serious.

Robert Charles Hall Jr. was driving his 2005 Dodge truck East on Rt. 231 when he started passing in a no passing zone. As he tried to get back in the right lane, his truck hit a 2002 Lexus that was being driven by Elvis Michael Ward.

Hall’s truck spun out of control and into the westbound lanes, where his car was hit by a 2004 Mazda Tribute driven by Clara Diane Gilley. William Joseph Johnson, in his 1999 Chevrolet Tracker, then rear ended Gilley’s Tribute.

Halls’ vehicle, however, kept going down the westbound lane, where it hit a 2003 BMW X3 being driven by Joseph Leslie Hardin. Hall’s truck caught on fire.

Hall, Gilley, and Johnson were all incapacitated because of the crash, and they were flown via helicopter to P.G. General Hospital. Ward sustained minor injuries and was treated at Civista. Hardin was not injured.

Maryland State Police say that driver error and speeding were likely factors in the multi-car crash.

If you have been seriously injured in a car accident that was caused by a negligent party, it is important that you call a personal injury lawyer immediately. You will very likely need help covering your medical bills, additional recovery costs, or lost wages. You also may be entitled to compensation for your pain and suffering. We can take all of these factors into consideration when assessing your claim for you.

The negligent party’s insurance company will very likely try to negotiate a settlement directly with you, and the settlement amount may be much smaller than what you’d received if you had your own lawyer. If you hire us as your personal injury attorneys, we can deal with the insurance companies for you and make sure that we demand the maximum recovery that you need.

Woman Accused Of Hitting Four School Children In Hit-And-Run Accident In La Plata, Maryland Is Released On Bond

June 7, 2007 | Lebowitz & Mzhen

The King George, Virginia woman who is accused of hitting four children that were waiting for a school bus in La Plata, Maryland on Tuesday, and then fleeing the accident scene, has been released on $50,000 bond after being charged with failing to stop after an injury accident and DWI (driving while impaired).

Two of the children, boys ages 4 and 10, were seriously injured and were being treated at the Children’s Hospital in the District. A 9-year-old, who was treated at La Plata hospital, has been released. A 17-year-old had also been injured.

Jacqueline Simmonds, 29, was driving toward a methadone clinic when her car went off the road and onto the sidewalk, hitting a group of children who were waiting for their bus at the stop on Glen Albin Road. She didn’t stop her vehicle and instead, kept driving, ran into a stop sign, and stopped 20 minutes later. She failed two sobriety tests.

Simmonds has previous hit and & run and DUI convictions and is currently fighting an addiction to methadone.

In Charles County, parents are calling for greater safety measures at the stop where the accident took place. They are planning to start a petition drive requesting the hiring of a crossing guard, the installation of speed bumps, and the relocation of the bus stop to an area where there is less traffic. This is the second accident at the Glen Albin Road school stop in the last 9 months. A car struck a child who was crossing the street last September.

Injuries to Minors

Children under 18 years of age who have been seriously injured in an accident can only file a lawsuit with the help of a parent, guardian, or another adult.

Serious injuries to minors can be life altering and extremely traumatic. In addition to injuries resulting from a motor vehicle-related accident, common personal injury accidents where minors are injured include:

• Playground accidents
• Amusement part accidents
• Swimming accidents
• Bicycle accidents
• Swallowing cough medicine or cleaning substances
• Pedestrian injuries
• Falls

At Least 40 People are Injured in Washington D.C. After Female Driver Plows Her Car Through the Unifest Street Festival in Anacostia on Saturday

June 3, 2007 | Lebowitz & Mzhen

A 30-year-old woman has been preliminarily charged by Washington D.C. police with aggravated assault while armed, after the vehicle she was driving barreled through the Unifest church-sponsored festival last night. The term “armed” refers to the 1991 Volvo that she was driving. At least 40 people were injured in the car collision, and seven of the injured persons were children. Fortunately, there are no fatalities and nearly all of the injured persons have been released from hospitals.

As she was plowing her vehicle through the festival, people tried stopping her by throwing strollers and other debris in her path. The vehicle had been moving at about 70mph, and adults had to push children aside in attempt to keep them out of harm’s way.

The driver, Tonya Bell of Maryland, is in police custody and has been treated for an ankle injury. Many have wondered why she wasn’t apprehended after she was noticed driving erratically earlier. She had even collided with an unmarked police car just 20 minutes before the street festival accident occurred.

According to police, they had followed Bell’s car but were ordered to stop because her traffic violation did not pose a threat to the policemen’s safety. Toxicology reports are pending, and witnesses have reported seeing Bell laughing and smoking as she drove through the festival.

A 7-year-old girl who had been riding with Bell at the time of the incident has been taken into Child Protective Services. She was not injured during the accident.

D.C. Mayor Adrian Fenty is calling the incident one of the “worst serious traffic accidents…in the District of Columbia” history.

More charges against Bell, who struck two police officers (who where thrown off their motorcycles) when they drove in front of her, are pending. The two officers sustained minor injuries from the collision.

Actress-R & B Singer Brandy Counter-Sues Man Suing Her For Personal Injury From Fatal Car Accident

May 31, 2007 | Lebowitz & Mzhen

Brandy Norwood, the R& B singer-actress is countersuing for negligence Mallory Ham, a man who is also suing the performer for personal injury. Both Brandy and Ham are facing wrongful death lawsuits from the family of Awatef Aboudihaj, the woman who was killed when her Toyota Corolla was struck by Brandy’s Range Rover on the San Diego Freeway last December. Ham and Brandy are blaming each other for causing the deadly car collision. Brandy is also challenging the other lawsuits that have been filed against her.

The Los Angeles City Attorney’s Office is still considering whether to charge the performer with vehicular manslaughter. The California Highway Patrol has filed a report suggesting that she face charges for the collision. They claim that she neglected to slow down, even as the traffic grew thicker, causing her to crash into Aboudihaj’s vehicle, which was then struck by Ham’s vehicle. If Brandy is convicted, she could face a $1,000 fine and up to one year in prison.

Car accidents can lead to serious, life altering, and permanent injuries, including death. If another person or party’s negligence caused the accident, it is important that you speak with a personal injury lawyer who can help you assess the extent of your injuries or recovery and file the claim for you. Often, injury victims do not receive the full amount of damages they could be entitled to because they are unaware of how much they can and should receive for their injuries. It is not uncommon for insurance companies to try to settle accident claims for less than what you are entitled to.

You will also want to file your claim within the statute of limitations period that your state allows for the kind of accident that you have been involved in. A good injury attorney can help you recover compensation for your injuries, medical bills, pain and suffering, and/or any lost wages.

If your attorney is unable to negotiate a settlement for you, he or she will then ask you if you would like to file a personal injury lawsuit. You will want to make sure that your attorney is an experienced trial lawyer who knows how to successfully argue your case in front of a jury. You will also want a personal injury lawyer who has the resources to properly investigate and build your case for you.

In Fruitland, Maryland, One Person Dies and Six Others are Injured In Multi-Car Drunken Driving Collision

May 29, 2007 | Lebowitz & Mzhen

Maryland State Police have revealed the names of those who were injured last Saturday in Fruitland, Maryland, when a Hispanic male driving a Pontiac Sunfire GT on Route 13 struck a Pontiac Grand Am and a Honda Ridgeline pickup. The driver is believed to have been driving under the influence. His passenger, also a Hispanic male, was declared dead at the car accident scene.

According to police, the drunk driver had been speeding through the Route 13 and Hayward Avenue intersection, when he struck both the Pontiac Grand Am and the pickup, as he tried to squeeze between the two of them at a stoplight while avoiding police. A police trooper had been chasing after the driver of the Pontiac Sunfire, who was driving his vehicle at a speed of more than 100 miles an hour.

The Pontiac Grand Am, driven by Charles Dvorak Sr., overturned at the median. The car had also been occupied by Dvorak’s wife Doris, and their children Rebecca, 10, and Charles Jr., 12. All of them were treated for non-life threatening injuries and later released from Peninsula Regional Medical Center. The occupants of the Honda Ridgeline, Tyrone and Virginia Strand, were also taken to PRMC where they were later released.

Injuries resulting from the negligence of another driver can be serious and life altering. There may even be injuries that seem minor at the time but later prove to be chronic and long-term—requiring constant medical treatment and care. This is why it is important that you speak with a personal injury lawyer right away if you have been injured in a car accident or any other kind of motor vehicle accident caused by the negligence of another driver or party.

There is a good chance that the negligent party’s insurance company will try to contact you immediately and work out a settlement agreement. There is also a very good chance that you will be offered a settlement that is not the maximum amount that you could receive for your accident.

After Deadly Car Accident, Maryland Governor Martin O’Malley Passes A Law Against Failing to Stop at A Nonfunctioning Traffic Light

May 25, 2007 | Lebowitz & Mzhen

Maryland Governor Martin O’Malley has signed into law a bill that imposes penalties on failing to stop at a nonfunctioning traffic light located off a highway exit ramp. The penalties will be the same as for running a red light.

The state legislation created the bill after a deadly motor vehicle accident in Howard County on January 6, 2006 killed two teenagers who were passengers in a Volvo going west on Route 175 close to Jessup. Teresa Howard of Sykesville and Scott Caplan of Columbia were killed after a tractor-trailer exited southbound Interstate 95 and collided with the Volvo. The traffic light was not functioning properly at the time.

The Maryland state legislature drafted the bill to clarify how drivers should respond when faced with a broken traffic light to prevent this type of personal injury accident from happening again.

Gary Dicks, who was driving the tractor-trailer, a former Howard County police officer, and the Maryland State Police are among those who have been named in a wrongful death lawsuit filed by the parents of the teenagers.

People who are seriously injured on the roads because of another party’s negligence may be able to file a personal injury claim and recover damages for their injury to pay for their medical bills and other costs. If you are someone who has been injured in a personal injury accident, you should speak with an experienced personal injury lawyer who practices law in the state where your accident occurred.

Some Reasons for Hiring A Personal Injury Attorney:

• Insurance companies are experienced in negotiating a recovery for you that may not be the maximum recovery that you can receive for your injuries. A personal injury attorney can represent you during these negotiations, look out for your better interests, and help you recover the best recovery possible for your injury or loss.

• There may be more than one liable party responsible for your personal injury, and a personal injury lawyer can assess your claim for you and make sure that all avenues of recovery are explored.

All Metro Bus Shelters in DC to Be Inspected After Glass Structure Falls and Leads to Injuries

May 24, 2007 | Lebowitz & Mzhen

In the wake of a bus shelter falling on waiting passengers on Macarthur Boulevard near Cathedral Avenue in Washington D.C., all metro bus shelters in the area are to undergo a safety inspection.

The accident happened earlier this month when a Metrobus ran into the shelter, shattering the structure that then fell on waiting passengers. One woman became trapped under the shelter’s metal roof and another woman was also injured. Both women were treated and released from a local hospital.

A Metro spokesperson says that one of the bus’s mirrors had hit the metal-framed shelter structure, causing the glass to shatter and the metal structure to fall.

A similar accident occurred in the exact spot last year where the shelter was then rebuilt. Local residents are concerned that the bus shelter was once again built too close to the road and have expressed worry that similar structures nearby were also built in unsafe locations.

The DDOT (District Department of Transportation), which maintains the shelters, and Metro have said they will investigate the accident together.

If you have been injured on public, private, or commercial property because of unsafe conditions, you may be able to file a personal injury claim and recover compensation for your pain and suffering.

Premises liability consists of claims arising from unsafe buildings, slip and fall accidents, falling objects, or any other unsafe conditions on a premise that leads to someone being injured.

If You Have Been Injured On Unsafe Premises

There are many factors and issues that can arise during a premise liability case, and a good personal injury attorney will know what questions to ask and how much damages can be claimed for your injury. An experienced personal injury lawyer will also know who can be held liable for your accident, especially if the property where you were injured is a public or commercial property—there may be more than one party that can be held responsible for your injury accident.

Bus accidents where the driver may be held liable for your injuries tend to be more complicated than car accident claims because so there are special rules and regulations governing bus drivers and their responsibility to keep the roads, passengers, and pedestrians safe. A personal injury lawyer who is familiar with these rules and regulations can skillfully handle the complexities of your bus injury claim for you.

Baltimore Obstetrician Found Liable for Medical Malpractice Is Ordered to Pay $8.1 Million

May 21, 2007 | Lebowitz & Mzhen

Last week, a jury found Dr. Emerson R. Julian, Jr., an obstetrician and former city councilman, liable for medical malpractice. He has been ordered to pay $8.1 million to the parents of a baby boy who suffered brain damage during a challenging delivery at Mercy Medical Center in 2003.

Baby Caleb Spence’s shoulders had gotten stuck in his mother’s birth canal—this is known as shoulder dystocia. When this happens, the baby’s breathing can become obstructed and doctors are known to try different techniques to deliver the baby as soon as possible. According to Caleb’s family, Dr. Julian applied an extraction technique that is considered dangerous. Dr. Julian disputes this claim.

Because of Maryland law, however, the damages are limited to just above $2.1 million because of a cap on awards for pain and suffering.

According to the plaintiff’s medical malpractice lawyer, Baby Caleb Spence died one year after his birth due to a respiratory illness connected to his permanent brain damage.

Mercy Medical Center agreed to pay an out-of-court settlement last year, of which the terms are confidential.

Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when their treatment causes a patient to grow ill or their condition or injury to become worse. Other incidents of medical practice can include failure to properly diagnose (or delay in diagnosing) an illness, surgical errors, delivery errors, and errors in treatment, prescription, and care.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf.

Who Can Be Held Liable for Medical Malpractice:

• Doctors
• Nurses
• Pharmaceutical companies
• Health care facilities and providers
• Hospitals
• Anesthesiologists

In Maryland, New Law Makes Staging Car Accidents A Crime

May 18, 2007 | Lebowitz & Mzhen

Yesterday, Maryland Governor Martin O’Malley made it a crime to stage a car accident to steal insurance money. Bill HB1409, signed into law, would also limit the amount of access outsiders had to police reports so that perpetrators wouldn’t be able to secure the names of real crash victims and try to get them to take part in fake injury insurance scams. Conviction for illegally accessing these records could mean a $10,000 fine and up to 15 years in prison.

According to Howard Goldblatt, the government affairs director of the Coalition Against Insurance Fraud, these kinds of targeted fraud laws help prosecutors convict participants of insurance fraud rings, which are usually well-protected. The new law can convict kingpins directly so that prosecutors won’t have to go through other laws.

The coalition says that the Baltimore-Washington D.C. corridor is a popular target for auto-fraud rings. These kinds of groups usually try to put as many passengers as possible into a motor vehicle which they can then crash into another car with passengers that are either involved in the scam also or are innocent participants. Participating injured parties will then file personal injury claims—usually for injuries that are hard to verify in terms of their extent.

Staging an auto crash scam would carry fines of three times the amount of insurance money stolen and up to 15 years in prison.

Maryland is the second U.S. state to pass this law, which becomes effective there on October 1, 2007.

Injuries from motor vehicle accidents are no joke—whether the injuries were inflicted intentionally or negligently. This is why it is important that you retain the services of an experienced personal injury lawyer who genuinely wants to help you achieve the maximum recovery possible for your legitimate injury so that you can recover from your pain, suffering, or loss.

If you are involved in a car accident, here are a number of steps to take right away:

• If possible, remove your vehicle out of the way of ongoing traffic.
• Check to see whether anyone has been injured. Call 911 if someone is hurt.
• Contact the police so that they can file a report documenting the accident. This could be evidence on your behalf that could protect you from liability if you were not at fault.
• Get the contact information of everyone involved and give them your information also. Make sure you get their vehicle and insurance information.
• Take down the names and contact information of any witnesses.
• As soon as possible, write down as much information and details about the accident.

• If you have been seriously injured or another passenger in your vehicle has sustained a serious injury or is killed in the accident, contact a personal injury attorney immediately.