Maryland Accident Law Blog

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.

Maryland Natural Resources Police Says Ocean City Ranks as One of Three Areas to Watch for Boat Crashes

May 15, 2007 | Lebowitz & Mzhen

As the boating season begins, Maryland Natural Resources Police have their eyes on Ocean City, Deep Creek Lake in Garrett County, and Sandy Point State Park in Anne Arundel County as three areas where the largest number of boating accidents have been known to occur.

In 2006, boating police implemented state trooper strategies in these “big three” areas and succeeded in reducing the number of boating accidents in all three places. They plan to implement the same strategies this year.

Strategies from last year included using helicopter patrols to survey the areas, radio warnings to boats patrolling the areas, checkpoints for testing boat drivers for driving under the influence, and visits to personal watercraft rental shop areas to make sure renters obeyed state laws.

In Ocean City, personal watercrafts are the number #1 problem in Ocean City’s waters, according to the Maryland NRP. In 2005, there were 29 boating accidents in the area, and nearly half of the boats involved were personal watercrafts. More than 50% of these vessels were privately owned and driven by individuals 16-21 years of age who weren’t certified in boater safety.

The U.S. Coast Guard offers a number of boating statistics for 2005, including the following:
• There were 4,969 boating accidents in 2005
• 697 of these accidents resulted in deaths
• 3,451 accidents resulted in injuries
• Over $38 million in property was damaged in these accidents
• The most commonly reported kind of accident involved one boat colliding with another vessel
• Falls overboard and boats capsizing make up 59% of all boating deaths
• Leading contributing factors of all accidents that were reported include operator inattention, carelessness/reckless operation, operator inexperience, and excessive speed
• Alcohol either directly or indirectly contributed to about 25% of all boating deaths

Safe Kids Worldwide Says Maryland is Number 12 in State Rankings of Unintentional Child Injuries and Deaths During Summers

May 14, 2007 | Lebowitz & Mzhen

A new study recently released by Safe Kids Worldwide says that Maryland is number 12 out of all 50 states and D.C. in a new ranking report of children’s unintentional injury deaths during the summer. The report is called The Safe Kids U.S. Summer Safety Ranking Report.

Maryland’s unintentional injury-related death rate over a five year period was 2.42 children/100,000 kids. The summer season is known as “trauma season” to emergency personnel, since the number of serious injuries and preventable deaths involving children rises drastically during this time.

Vermont, ranked in the report as the number one state, leads the country with 1.63 children for every 100,000 children dying in an unintentional incident during the summertime. New Jersey was # 2 in the rankings. D.C. ranked #3, New York is #4, and Delaware is #5.

According to the report, 17 children a day (2,143 total) died from May –August 2004 because of preventable injuries. 2.4 million children ended up in the emergency room because of unintentional injuries, with many of these injuries resulting in paralysis, brain damage, and other major disabilities.

In another Safe Kids Worldwide study, the five most common causes of children’s injury deaths that can be prevented include:

— Drowning (increases 89 percent in the summer over the annual monthly
average)
— Biking (increases 45 percent)
— Falls (increases 21 percent)
— Motor vehicle passenger injuries (increases 20 percent)

— Pedestrian injuries (increases 16 percent)

If your child has been seriously injured or killed because of another’s negligence, it is important that you speak to a personal injury lawyer right away.

Seven Vehicle Crash On The Chesapeake Bay Bridge In Maryland Kills Three People And Injures Five Others

May 11, 2007 | Lebowitz & Mzhen

A deadly multi-vehicle accident on Maryland’s Chesapeake Bay Bridge yesterday left three people dead and five others with injuries. The seven-car collision took place on the newer, three-lane span, just after 4pm, when a trailer being towed by an SUV broke loose and other drivers swerved their vehicles to avoid colliding with it. A flatbed truck, two pickup trucks, a working van, a car, and a tractor-trailer tanker rig were the other vehicles involved in the crash.

According to one witness, the tanker tried to stop and served into the middle lane. The one car involved in the collision and one of the pickup trucks were completely totaled. The SUV that had been towing the trailer appeared to not have sustained too much damage.

Police say that one of the injured persons was taken by helicopter to Maryland Shock Trauma Center in Baltimore.

The pileup is said to be the worst accident on the bridge in over ten years and the third accident where three people have been killed in the three-lane span. Usually, the three lanes are for traffic going westbound—although sometimes the lanes are for two-way traffic. All three accidents where there were three fatalities took place when the span was accommodating two-way traffic.

If you have been seriously injured in a motor vehicle accident in the state of Maryland, it is important that you speak with a personal injury lawyer who represents clients in this state.

Filing an injury claim can be complicated, and you want to retain the services of an attorney who can help you obtain the best results for your case, as well as the maximum recovery possible. If you go directly to an insurance company, they may negotiate a settlement with you that doesn’t fully reflect the extent of financial recovery that you are entitled to.

Recent Slew Of Motorcycle Accidents Cause Police In Anne Arundel County, Maryland To Warn Motorists To Be Careful

May 10, 2007 | Lebowitz & Mzhen

A number of motorcycle accidents in the past several weeks have caused police in Anne Arundel County to warn drivers on the road to pay more attention to motorcyclists.

On April 22, Lora Burgess, of Laurel, and Kevin Ross, of Baltimore, were killed in Millersville on Interstate 97 after their motorcycle hit a guardrail. Ross had been trying to pass another car on the right shoulder. Also that day, other motorcycle riders sustained serious injuries and were hospitalized following three other motorcycle crashes.

In 2006, there were 11 motorcycle fatalities. Anne Arundel County was named the number three county in the state with the most motorcycle deaths. In Maryland, 85 people died in motorcycle accidents in 2006—87 people died in 2005.

Anne Arundel County Police say that last year, they responded to nearly 20 incidents where there was property damage involving a motorcycle. They also recorded 98 personal injury accidents.

The Maryland Department of Transportation offers the following 2003 statistics regarding motorcycle accidents in the state:

* Drivers involved in motorcycle crashes are overwhelmingly men (89.3 %).
* Drivers involved in motorcycle crashes are fairly evenly distributed among the age groups between 21-49 years old.
* Prince George’s County has the highest number of motorcycle crashes (192) and Baltimore County (183) has the second highest number of crashes.
* However, based upon vehicle miles traveled, Baltimore City (141), Frederick County (70), and Charles County (67) are significantly over represented.
* Motorcycle crashes occur on Maryland state and county roads than on any other road type.
* The majority of motorcycle crashes occur between April and September.
* A higher percentage of motorcycle crashes occur during the weekend than during the week.

* The highest percentage of motorcycle crashes occurs between 2:00 pm and 8:00 pm.

Singer Brandy Is Sued A Third Time For Wrongful Death

May 7, 2007 | Lebowitz & Mzhen

Marouane Hdidou, the husband of a waitress who died in a car collision involving singer-actress Brandy, has filed a wrongful death claim against her. This is the third wrongful death lawsuit filed against Brandy Morris in connection to the death of Awatef Aboudihaj, whose parents and two children have already filed their own claims.

The accident, which took place on the San Diego Freeway on December 30, also left several other motorists severely injured. Mallory Ham, the 50-year-old woman whose car also hit Aboudihaj’s car as she was trying to avoid another vehicle that had gone into her lane, is also named in the lawsuit.

Hdidou says that more than 20 other unnamed drivers may have also been involved in negligently causing his wife’s death. He is accusing the drivers of driving too fast and following to closely, causing the wrongful death of his wife.

California Highway Patrol has told prosecutors that Brandy should be charged with misdemeanor manslaughter for causing the multi-car collision. According to police, the 28-year-old entertainer was traveling at 65mph and failed to slow down in traffic, which caused her to hit Aboudihaj’s Honda with her Land Rover.

The Honda then hit another car, slid to the side, struck the center divide, and was hit by Ham’s car. If convicted, Brandy could face a $1,000 fine and up to one year in prison.

Hdidou is seeking medical and funeral costs, legal fees, and a number of punitive damages. He is also requesting damages for the deprivation of “support, maintenance, solace, moral support, companionship, and comfort” caused by the death of his wife.

Malpractice Juries Have A Tendency To Vote In Favor Of Doctors, Says Researcher

May 3, 2007 | Lebowitz & Mzhen

Philip Peters, Jr., from the University of Missouri-Columbia School of Law, says that juries tend to believe doctors more than plaintiffs in medical malpractice cases—contrary to popular belief in the medical communities that juries usually favor plaintiffs.

He says he found that the majority of malpractice suits end in defense verdicts and that the cases with the weakest evidence are usually the ones that go to trial—since cases where there is solid evidence are usually settled beforehand.

He conducted his research to test the assumption that juries did not have the capacity to fairly assess medical malpractice claims. His reports will be published in the Michigan Law Review this May.

Peters examined numerous data, including 8,231 medical malpractice lawsuits filed in New Jersey from 1977-1992 against doctors insured by the now-defunct Medical Inter-Insurance Exchange. Results showed that a plaintiff was more likely to get a favorable verdict if there was a stronger evidence of negligence.

According to Peters, however, juries had a tendency to defer to doctors and were likely to rule in favor of the defendant in cases where the plaintiff’s evidence was weak. He also said jurors occasionally might find doctors credible because of their social status or the fact that they have better attorneys and witnesses. He also said that jurors might be skeptical about a patient that would sue their doctor.

Peters also did conclude, however, that jurors in medical malpractice claims are not incompetent and that favoritism and randomness were not factors affecting the outcome of these cases.

Montgomery County Police Officer Was Chasing Suspected Drunk Driver When He Was Struck And Killed By A Police Cruiser

April 30, 2007 | Lebowitz & Mzhen

Montgomery County Police Officer Luke Hoffman was chasing a suspected drunken driver on foot last Wednesday when he was hit by a police car on Old Georgia Avenue in Aspen Hill. He was taken to Maryland Shock Trauma Center where he died from his injuries.

Hoffman, 24, had been chasing a suspected drunken driver on the road, when the suspect got out of his car and ran off. Hoffman went after the man on foot also and that is when the police car, driven by Officer Stephen Wolsey, hit Hoffman. Wolsey then drove his cruiser off the roadway and into an embankment where it hit a tree. Wolsey was treated and released for his injuries.

Hoffman began working for the police department in January 2006. He worked the midnight shift with the Fourth District.

Personal Injury Case

When a person is injured as a result of another person’s negligence or carelessness, the injured party may be able to file a personal injury claim and recover financial damages for their injury, loss, suffering, lost wages, damage to property, and other expenses.

Although you can file a claim with the negligent party’s insurance company, you may also want to consider suing for damages. If you decide to go this route, it is important that you speak with an experienced personal injury attorney who can help you. They can help you obtain a larger recovery because they have the knowledge and skills necessary to assess the extent of injuries and damage, factor in any treatment or care you may need to recover, and fight for your right to receive fair compensation.

You must file your personal injury claim before the statute of limitations in your state for filing a personal injury claim runs out. Personal injury lawyers generally work on a contingency fee basis. This means that you will not pay an attorney any legal fees unless he or she wins your case for you. Legal fees paid to the attorney you retain will come from a percentage of your recovery amount.

Wrongful Death Case

In the event that you have lost a loved one in an accident due to someone else’s negligence, you may want to consider speaking with a personal injury law firm who knows how to successfully file a wrongful death lawsuit for you.

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

April 26, 2007 | Lebowitz & Mzhen

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.

Investigators Look At Fatal Mine Accident That Killed Two Miners In Barton, Maryland

April 25, 2007 | Lebowitz & Mzhen

Investigators in Barton, Maryland, are trying to determine the cause of the wall collapse that led to the death of two miners on Michael Road. Dale Jones, 51, and Mike Wilt, 38, were both killed on the site last week.

According to Amy Louviere, Mine Safety and Health Administration spokeswoman, the team will look at the accident site, interview mining personnel, try to determine potential causes for the collapse, and look to see whether the conditions at the site where in compliance with federal health and safety standards.

Both Jones and Wilt had been operating heavy equipment at the strip mine when a 125-feet high wall collapsed. The two miners were buried in thousands of tons of earthen materials as a result. The victims were discovered inside their equipment after a three-day intensive search. Autopsies took place at the Maryland State Medical Examiner’s Office and the two men are believed to have died instantly.

When someone is injured or killed on the job because of negligence, you may be able to file a workers’ compensation claim.

Workers’ Compensation laws are there to make sure that employees who are injured on the job are given a specific amount of compensation. They also allow dependents of workers that are killed on the job to receive benefits. Certain laws can protect employers and fellow workers by limiting the amount of liability that can be recovered.

Although workers compensation laws exist to help injured workers and dependents receive their financial recovery, an experienced attorney can help you make sure that you achieve the maximum recovery possible for your injury or loss.

If you are injured on the job or if you have lost someone because of a work-related injury, it is important that you speak to an attorney first before agreeing on a compensation amount with representatives of the company held liable for the injury or their insurance company.