Maryland Accident Law Blog

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.

Author and Pulitzer Prize Winning-Journalist David Halberstam Dies In Car Accident

April 24, 2007 | Lebowitz & Mzhen

David Halberstam, a Pulitzer Prize winning-journalist known for writing a number of well-regarded nonfiction books, including “The Best and the Brightest,” “The Powers that Be,” and “The Fifties,” died in a car accident on April 23 in Menlo Park, California. The 73-year-old writer was headed to an interview with Hall of Fame quarterback Y.A. Tittle to talk about the famous 1958 NFL championship game between the New York Giants and the Baltimore Colts when the car he was riding in was hit by another vehicle.

The driver of the vehicle that Halberstam was riding in and the driver whose car struck Halberstam’s car were both injured. Halberstam was declared dead at the car accident scene from what early reports say were internal injuries.

Car accidents can lead to serious injuries, even death. Injuries in a car accident can include neck injuries, back injuries, head injuries, broken bones, fractures, severed limbs, burns, as well as minor injuries. If you are injured in a car accident, it is important that you seek medical help right away so your injuries can be treated. You should also document as many details of the accident as you can remember.

A good personal injury lawyer can help you get your injuries assessed so that you can claim the maximum recovery possible from the liable party.

Common Types of Recovery in Personal Injury Suits:

An injured party may seek to recover their losses in a civil lawsuit. Additionally, a victim’s family members may also be eligible to recover for losses suffered as a result of the victim’s injuries.

General Damages. General damages compensate losses related to the injury that are not easily quantifiable. General damages include compensation for pain and suffering and loss of enjoyment of life.

Loss of Consortium. The spouse of an injured party may bring a claim for loss of consortium. Loss of consortium damages compensate the spouse for any lost affection, solace, comfort and sexual relations which may result after an injury. In some jurisdictions, parents may also recover for loss of consortium of a child.

Lost Earning Capacity. If an injury has interfered with a party’s ability to earn money in the future, the injured party may be entitled to damages for lost earning capacity. The court will consider a number of factors in determining how much the individual would have earned in ensuing years but for the injury.

Lost Wages. An injured party may recover any wages lost from the date of the injury to the date of settlement or judgment.

Medical Expenses. An injured party may recover medical expenses incurred in connection with the injury.

Punitive Damages. The goal of punitive damages is not to compensate the plaintiff, but to punish the defendant. Punitive damages may be awarded any time the defendant engages in reckless or intentional wrongdoing.

Wrongful Death. If a victim dies from their injuries, family members may bring a wrongful death action that will compensate them for the loss of the victim.

A personal injury attorney can also file a wrongful death claim if you are someone whose loved one was killed because of another’s negligence in a motor vehicle accident.

Maryland Drivers Face Fines as High as $140 If They Are Caught Text Messaging

April 20, 2007 | Lebowitz & Mzhen

Although text messaging while driving is not considered illegal in Maryland, drivers could be fined if caught by police.

A recent survey by Nationwide Mutual Insurance found that 37% of drivers between the ages of 18 and 27 engage in text message while driving. This can make the roads more dangerous, especially as drivers in this age group have the least experience behind the wheel. 17% of drivers, age 29-44, send and receive text messages while driving.

In Maryland, a police officer could fine a texting driver up to $140 for the offense. The fine could be even larger if the texting causes the driver to become involved in a motor vehicle accident. The Maryland General Assembly recently rejected a proposal to ban the use of cell phones while driving.

According to Washington Representative Joyce McDonald, text messaging actually requires a higher level of consciousness and concentration than talking on a cell phone.

Recent accidents involving driving while texting:

• In Seattle, Washington, a 53-year-old driver caused a multi-car pileup on an interstate highway while using a Blackberry.
• In 2005, a 26-year-old died near Athens, Tennessee, after losing control of his pickup truck while text messaging on his cell phone.
• An 18-year-old Colorado resident was ordered to serve 10 days in jail after he ran over and killed a senior bicyclist. The Colorado driver had been driving and texting at the same time.
• A California man was convicted of second-degree manslaughter and gross vehicular murder while intoxicated. He had been text messaging someone while driving, just before he ran over a police officer with a pickup truck.

Text messaging while driving can lead to serious accidents and injuries—even death. A person who has been injured on the road because another driver acted negligently while text messaging should speak with an experienced attorney. As a victim of another’s negligence, you may be eligible to file a personal injury claim. The liable party should be held responsible for your medical bills and recovery, and an experienced personal injury law firm can help you obtain the maximum recovery for your case.

Two People Die In Road Rage Collision On I-270 in Frederick County

April 18, 2007 | Lebowitz & Mzhen

In Frederick County, Maryland, a man and woman in a Chrysler Sebring died last Wednesday in a car crash resulting from a road rage incident.

Maryland State Police say that according to witnesses, the driver of a green pickup truck and the man and woman in the Sebring exchanged obscene gestures on southbound I-270 (about three miles from Frederick). Following the hostile exchange, the driver of the pickup truck reportedly pulled in front of the Sebring and stepped on the brakes.

This caused the driver of the Sebring to swerve, strike the guardrail, and flip the vehicle. Both the man and woman were thrown from the vehicle. They were declared dead at the accident scene. The driver, Christian M. Luciano, and his passenger, Lindsay L. Bender, are both from Pennsylvania. Both were not wearing seatbelts.

The driver of the pickup truck, described as a white male, fled the scene of the accident.

According to an AAA Mid-Atlantic Survey, 42% of Maryland drivers who were surveyed say that they believe that aggressive drivers are the biggest danger on the roads today.

The AAA Foundation for Traffic Safety offers a number of facts related to aggressive drivers:

*At least 1,500 men, women, and children are seriously injured or killed each year in the United States as a result of senseless traffic disputes and altercations. The incidents reported in this study are only those caught by the reporting network of Mizell & Company. Beyond question there are many more that are not reported in the media or for which the traffic altercation aspect is not mentioned.

*There are thousands of mentally and emotionally disturbed individuals on the highway. Charged with anger, fear, and personal frustration, and often impaired by alcohol or other drugs, motorists in all 50 states have murdered and maimed other motorists for seemingly trivial reasons. Explanations such as “He stole my parking space,” “She kept honking her horn,” “He wouldn’t let me pass,” and “She gave me the finger” abound in published reports.

*Without exaggeration, millions of motorists are armed with firearms, knives, clubs, and other weapons. There are more than 200 million firearms in circulation in the United States, and many motorists are carrying guns. It is also important to remember that every driver on the highway is armed with a weapon more deadly and dangerous than any firearm: a motor vehicle.

*Anyone can become an aggressive driver! People who have maimed and murdered motorists during traffic disputes have been old and young, males and females, rich and poor, well dressed and poorly dressed. They have been white, black, Asian, and Hispanic. Do not underestimate the potential for violence in any driver.

On Maryland’s Eastern Shore, Three People On A Golf Outing Are Killed In Plane Crash

April 17, 2007 | Lebowitz & Mzhen

On an open field on Maryland’s Eastern Shore on April 4, three people died when their small plane crashed during a thunderstorm. The victims were Gregory Doppke, a heating and cooling contractor and the plane’s pilot, his business partner Richard Lomas, and their friend Andrew Young. Lomas and Doppke ran ABM Air Conditioning &Heating. All three men had been riding in Doppke’s twin-engine Piper PA-30 and were headed from Westchester County Airport to Pinehurst, North Carolina where they were meeting friends for a golf outing. Their plane crashed close to the Choptank River, south of Trappe, Maryland.

The FAA says the investigation could take weeks.

There can be different causes for plane crashes, including pilot negligence or errors, faulty equipment, and improper maintenance. Plane crashes often result in fatalities.

Some other causes of an aviation accident:

• Unsafe weather conditions
• FAA regulation violations
• Problems in the structure or design of a plane
• Federal Air traffic controller negligence
• Negligence in the aircraft’s fueling

There may be more than one liable party deemed responsible for a plane crash, and survivors of a plane crash who have been injured should be sure to file a claim to make sure that they are financially compensated for their loss, pain, and suffering. Family members who have lost a loved one in a plane crash should also speak with a lawyer to see about filing a wrongful death claim.

There are many laws and regulations governing aviation accidents, which is why you should speak to a personal injury law firm who is experienced in handling plane accident cases.

Elkton, Maryland Man Gets Six Years In Prison For Hit-And-Run Death of Teenager

April 12, 2007 | Lebowitz & Mzhen

Shawn Wayne Gibson, 37, has been ordered by an Cecil County Judge to serve a nine-year prison term (three of those years have been suspended). He will also serve three years of supervised probation. Gibson is being held responsible for striking teenager Christopher Donovan Snyder with his 1996 Nissan Quest last September, when his van strayed off the westbound lane of Route 40 and hit the 16-year-old from behind. The teenager was killed instantly. Gibson also just barely missed Tony Rojas, Gibson’s best friend.

According to police, Gibson left the scene of the car accident. There was also no evidence that he attempted to stop and avoid Snyder, who was 12-15 feet away from the roadway. Gibson had initially tried to blame someone else for committing the hit-and-run, saying strangers had carjacked his van and killed Snyder. Empty and full beer cans were found in the “extensively damaged” van.

Cecil County Circuit Court Judge O. Robert Lidums said “Although this was an accident, in many ways it was more than an accident. By virtue of (Gibson’s) history, he’s in a position to recognize that this accident could have been prevented.” Gibson already had been involved in numerous traffic and drug-related cases prior to the deadly accident.

Gibson has now accepted full responsibility for his role in the fatal accident. He pleaded guilty to negligent manslaughter by motor vehicle.

If you are involved in a car accident, it is important that you stop your vehicle, assist anyone who has been injured, contact the police if someone has been hurt or there has been extensive damage to one of the vehicles, and exchange contact, vehicle, and insurance information with the other drivers. You will also want to document the details of the accident, the time the accident occurred, road conditions, weather conditions, and other specifics.

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

April 10, 2007 | Lebowitz & Mzhen

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

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

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

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

• Indirect costs of cyclists’ injuries due to not using helmets are estimated at $2.3 billion each year.

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

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

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