Maryland Accident Law Blog

In Car Accident Near The Maryland Line, Two People Are Injured On Del. 301

December 12, 2006 | Lebowitz & Mzhen

Two people were treated at Christiana Hospital last Friday night after being injured in a car crash on Del. 301 in the vicinity of Strawberry Lane near the Maryland line.

According to Maryland State Police, the car collision occurred after a 2000 Ford Taurus pulled out of a service station into the path of a 2005 Acura. Rescue workers spent more than 40 minutes freeing Julia Wickersham, 28, from the wreckage. County paramedics treated her for fractures and she was reportedly in critical condition when she was flown to the hospital. A male passenger in the vehicle she was driving was treated for facial cuts. The other driver, Edgar Ferriera, 25, was also taken to Christiana Hospital in reportedly serious condition. He sustained a leg fracture in the accident.

When a person has been injured as a result of someone else’s negligence, they may be able to file a personal injury lawsuit. In order to win a personal injury suit, however, you must be able to prove that someone was legally liable for the injury because of his or her carelessness or negligence. A basic rule is applied by the law regarding this carelessness. If one person in an accident was more careless than the other, the less careful person must pay for at least part of the damages suffered by the person who was more careful.

Determining Legal Liability

Liability revolves around the simple fact that most accidents happen because someone was careless — or “negligent.” To this carelessness, the law applies a basic rule: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one.

According to Nolo.com, legal liability for almost all accidents is determined by this rule of carelessness, and by one or more of the following simple propositions:

· If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable because that person had no “duty” to be careful toward the injured person.

· If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.

· If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.

· If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.

· If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened.

In Hit-And-Run Dragging Death Of 3-Year-Old Maryland Boy, Woman Could Face 5 Years In Prison

December 8, 2006 | Lebowitz & Mzhen

A Towson, Maryland district court judge has reduced the bail of the woman charged in the hit-and-run dragging death of three-year-old Elijah Cozart in Baltimore County to $250,000. Cozart’s grandmother had been pushing him in a stroller across Goucher Boulevard when a 1999 Dodge Ram pickup truck, driven by Lazara Arellano de Hogue, struck Cozart, and his grandmother, Marjorie Thomas, 55 as they were crossing the street. The pickup truck continued down the road, dragging the boy underneath it for nearly 3/4ths of a mile before he tumbled free. He was taken to Good Samaritan Hospital where he was pronounced dead. Thomas is still in the hospital.

Arellano de Hogue, who was arrested on Castle Drive at a home that she shares with her boyfriend, was held at the Baltimore County Detention Center on $2 million bail over the weekend. She claims that she didn’t know she had hit the toddler—only the grandmother, whom she claims she had swerved to avoid.

According to police, however, Arellano de Hogue was seen getting out of the vehicle, pulling the stroller out from under the pickup truck, and driving away.

USA Safekids.org says that:

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· In 2002, 599 children ages 14 and under died from pedestrian injuries.

· Of these, 460 died in motor vehicle-related traffic crashes.

· In 2003, nearly 38,400 children ages 14 and under were treated in hospital emergency rooms for pedestrian-related injuries.

· 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.

· Children ages 4 and under are at the greatest risk from child pedestrian death.

· In 2002, children ages 4 and under accounted for more than 40 percent of pedestrian injury-related deaths.

· Nearly 10 percent of all child pedestrian-related injuries occur in driveways.

· Children ages 4 and under account for 80 percent of these driveway-related pedestrian injuries.

· Toddlers (ages 1 to 2) sustain the highest number of pedestrian injuries.

· More than half of all toddler pedestrian injuries occur when a vehicle is backing up.

· Children from birth to age 2 are also more likely to suffer pedestrian injuries in parking lots and on sidewalks.

· Nearly two-thirds of child pedestrian deaths are among males.

· African-American children have a pedestrian injury death rate almost twice that of white children.

Drunk Driver’s Blood Alcohol Level Was 4X Over The Legal Limit In Car Accident That Killed U.S. Marine In Columbia, Maryland

December 6, 2006 | Lebowitz & Mzhen

Police in Maryland say that the 25-year-old driver whose vehicle crashed right into the back of a Toyota Corolla, killing two people on Thanksgiving night, was driving under the influence with a blood alcohol level that was four times over the legal limit. The blood alcohol test was given to Eduardo Raul Morales-Soriano at a police station, where his alcohol level registered at .32.

The car accident, which took place at the intersection of route 175 and 108 in Colombia, Maryland killed 21-year-old Marine Corporal Brian Matthews of Colombia and Jennifer Bower, 24, of Montgomery Village. Their Corolla had been standing still at a red light when the rear-end collision forced their car off the road.

According to U.S. police, Morales-Soriano is a Mexican national who is in the United States illegally. His prior criminal record includes a drunk driving charge that was dismissed by a court and reckless driving. He now faces charges for negligent manslaughter, negligent homicide, and drunk driving. Morales-Soriano could face up to 36 years in prison and be forced to pay a $30,000 fine.

In Maryland, drivers with a .08 BAC (Blood Alcohol Concentration) and higher are considered to be driving under the influence. A DUI offense leads to the immediate suspension of your license.

Maryland DUI (driving under the influence): For a first offense, penalties include up to one year in jail, up to a $1000 fine, and a minimum license suspension of 45 days.

For a second offense, penalties are two years in jail and a $2,000 fine. Every time a person is convicted of drunk driving, their license will be suspended.

Maryland DWI (driving while impaired under the influence of alcohol and/or drugs): For a first offense, penalties include 8 points on the Maryland Driver’s license record, two months in jail, a license suspension of up to 60 days, and a fine of up to $500.

For a second offense, penalties can include up to one year in jail and a $500 fine. Refusing to take the breath test can result in a person’s driver’s license being suspended for up to 120 days.

DUI and DWI arrests of persons from other states will still require a Maryland MVA Hearing to protect their driving privileges. Maryland is a member of the Interstate Driver’s License Compact, which shares information about DUI convictions and driver’s license actions with other member states. There are 45 states that belong to this compact.

The National Highway Transportation Safety Administration (NHTSA) calculates that the average alcohol-related fatality in Maryland costs $3.6 million: $1.1 million in monetary costs and $2.5 million in quality of life losses. Also, motor vehicle accidents involving alcohol set the state back an astounding $1.9 billion in the year 2000.

Family Of Slain Frederick Boy Want Additional Settlement Of $775,000 From Maryland

December 5, 2006 | Lebowitz & Mzhen

The family of Christopher Ausherman, Jr., the 9-year-old boy killed in 2005 by a convicted sexual offender who was wrongly released from prison, is asking for up to $775,000 more from either the Maryland General Assembly or Maryland’s Board of Public Works. The state of Maryland had recently paid Ausherman’s parents $200,000 to settle the wrongful death claim. This amount is the largest that the state treasurer’s office can pay in a wrongful death suit. The Board of Public Workers, however, is allowed to pay more. The attorney for Mary Voit, Ausherman’s mother, says that she is seeking a total of $975,000, which is the maximum in compensatory damages allowed in Maryland.

Christopher Ausherman, Jr. was murdered on November 19, 2000 by Elmer Spencer Jr., who sexually assaulted Ausherman and bludgeoned him to death in a baseball field dugout. Spencer, a mentally retarded man with a history of rape and assault, had been released from prison on November 14 after serving 3 ½ years of a 10-year prison sentence. He is now serving two life terms, in addition to 20 years in prison, for convictions relating to Ausherman’s death. Ausherman’s parents are accusing the state of miscalculating the good-time credits that led to Spencer’s early release. The state of Maryland disagrees with this accusation and claims that Spencer’s good behavior resulted in his mandatory release.

A wrongful death case is a civil case where monetary compensatory damages are sought for the death of a person. Unlike in a criminal case where there must be proof of guilt beyond a reasonable doubt, a wrongful death case asks that there be a preponderance of the evidence that more than likely (a 51 % chance) the party being sued is guilty.

A “wrongful death” is considered to have taken place when a person is killed due to:

· Someone’s negligence or careless action.
· An intentional act, such as murder.

· Reckless behavior.

The deceased person’s loved ones are considered to also have been injured by this death, especially if they relied on the person for financial or emotional support.

In Maryland, the statute of limitation for filing a wrongful death suit is three years from the date of death, unless a person’s wrongful death was caused by a work-related disease. In the case of the latter, then the statute of limitations is either less than 10 years from the date of death or no more than three years from when the cause of death is found out.

Through Drive 2 Survive Program, Southern Maryland Teenagers Will Get Crash Course In Advanced Safety and Collision Avoidance Training

December 1, 2006 | Lebowitz & Mzhen

A number of Calvert County organizations have teamed together to bring Southern Maryland young drivers the Drive 2 Survive training program. The Drive 2 Survive course will focus on giving teen drivers the “real world skills” to deal with unexpected situations they might experience on the road.

The National Highway Transportation Safety Board says:

· Teenagers are just 7% of all drivers.
· Teen drivers are responsible for 20% of all vehicle-related collisions.

· Young drivers are responsible for 14% of all vehicle-related deaths.

According to the program’s founders, Drive 2 Survive goes beyond basic driver’s education and is an advanced safety and collision avoidance training course.

Enrolling in the program costs $200 and is open to any teenager living in the tri-county, southern Maryland area who has a learner’s permit and has taken Maryland’s mandated classroom and in-car training. You can click on the link below to register and find out more information.

The Maryland Rookie Driver Program is a graduated licensing program that allows teen drivers to build their skills before earning their driver’s license.

1) The learner’s permit lets a new driver drive while accompanied by a supervised adult driver.
2) After completing the driver education course, driving with an adult for a minimum of 60 hours, and passing a skills test, a teen driver is given a provisional license. The teen driver must be at least 16 years and 3 months old.

3) In order to earn their full license, the driver must be at least 17 years and 9 months old and have held a provisional license for at least 18 months (conviction free).

The Rocky Mountain Insurance Information Association provides the following teen driving statistics on their website:

· Motor vehicle crashes are the leading cause of death for teenagers.
· 16 year-olds have higher crash rates than drivers of any other age.
· It is estimated that 16-year-olds are 3 times more likely to die in a motor vehicle crash than adult drivers.
· 3,657 drivers age 15-20 died in car crashes in 2003, making up 14% of all driver involved in fatal crashes and 18% of all drivers involved in police-reported crashes (NHTSA).
· 25% of teen drivers killed in 2003 had a blood alcohol concentration (BAC) of .08 or greater. A BAC of .08 is the level which all states use to define drunk driving.
· $40.8 billion was the estimated economic impact of auto accidents involving 15-20 year old drivers in 2002 (NHTSA).
· Inexperience behind the wheel is the leading cause of teenage crashes.
· In 2001, two thirds of teens killed in auto accidents were not wearing seat belts.
· Almost half of the crash deaths involving 16-year-old drivers in 2003 occurred when beginner drivers were driving with teen passengers (IIHS).
· Statistics show that 16 and 17-year-old driver death rates increase with each additional passenger (IIHS).

· Graduated drivers license programs appear to be making a difference. The Insurance Institute for Highway Safety reports that the overall number of 16-year-old drivers fell from 1,084 in 1993 to 938 in 2003 despite an 18% increase in the 16-year-old population.

Washington D.C. And Howard University Hospital Are Sued By Family Of New York Times Journalist For Wrongful Death

November 28, 2006 | Lebowitz & Mzhen

The family of retired New York Times journalist David Rosenbaum is suing Howard University Hospital and Washington D.C. for errors D.C. police and hospital workers made in their care of Rosenbaum after he was robbed and severely beaten in a Northwest neighborhood in January 2005. The wrongful death case also alleges that there were delayed ambulance response, further delays at the hospital, and misdiagnosis.

The lawsuit says that rescuers mistakenly diagnosed Rosenbaum as being drunk when they found him. Rosenbaum was classified as a low priority and an emergency room doctor didn’t see him until 90 minutes after he was attacked. Just last month, Percey Jordan, 42 was convicted of of second- and first-degree murder, robbery, conspiracy to commit robbery, and five counts of credit card fraud in the death of Rosenbaum, 63. Jordan’s cousin, Michael Hamlin, pleaded guilty to second-degree murder.

A wrongful death case may be filed when a person dies due to the wrongful or negligent conduct of another person or persons. Medical malpractice can also be a reason for filing a wrongful death lawsuit.

CNN And TV Host Nancy Grace Are Blamed For Suicide Of Melinda Duckett In Wrongful Death Lawsuit

November 27, 2006 | Lebowitz & Mzhen

CNN and Headline News TV Host Nancy Grace are being sued by the parents of a woman who committed suicide after Grace interviewed her on her television show. Beth and Jerry Eubank say that Grace’s interview of Melinda Duckett regarding the disappearance of Duckett’s son, Trenton, caused the 21-year-old mother to commit suicide. The parents filed a wrongful death lawsuit last week.

Duckett had said that Trenton disappeared from his bedroom on the night of August 27, 2006. She remains the primary suspect in his disappearance.

The young mother taped a phone interview for Grace’s show after her son went missing. According to the lawsuit, Grace and her producers deliberately represented the reasons for the interview. According to the Eubank family attorney Jay Paul Derataney, “Within minutes of Melinda’s phone interview, it became quite obvious that Nancy’s questions weren’t about finding Trenton at all, but rather about impliedly accusing Melinda of murdering her beloved son.”

Melinda shot herself in her grandparents’ closet just hours before the interview was set to air. Her parents are seeking unspecified damages and funeral expenses.

Baltimore Children Injured In Burn Accidents To Be Treated At Johns Hopkins Children’s Center

November 22, 2006 | Lebowitz & Mzhen

In Maryland, Johns Hopkins Children’s Center is now Baltimore’s regional pediatric burn center. The new designation, assigned by the Maryland Institute For Emergency Medical Services, means that the Children’s Center will take care of burn victims that are 15-years-of age or younger in the city of Baltimore and from the surrounding areas. Adults burn victims will continue to receive care at the Johns Hopkins Bayview Medical Center.

The new arrangement should help provide faster medical care for everyone involved. The Children’s Center offers nnumerous services, such as reconstructive and plastic surgery, pain management, anesthesiology, psychology, nursing, social work, injury prevention, psychiatry, rehabilitation, general surgery,

and infectious diseases.

Man Is Killed After His Service Truck Collides With Chicken Truck In Federalsburg, Maryland Last Week

November 20, 2006 | Lebowitz & Mzhen

A 23-year-old Denton man died last week after the service truck he was driving crashed into a Perdue flatbed tractor-trailer loaded with chickens at the intersection of northbound MD 313 and eastbound Line Road last Wednesday morning.

According to Maryland State Police, Lee Albert Asbury III became trapped in his truck after his vehicle struck the left side of the Perdue truck. Roberto Cruz of Preston, Maryland, was a passenger in the service truck. He managed to evacuate the vehicle, as did the driver of the Perdue truck.

Police say a fire started right beneath Asbury’s seat not long after the accident. A FedEx tractor trailer driver and a Pave Master paving truck arrived at the scene to help. Asbury was taken by ambulance to Nanticoke Memorial Hospital where he was later pronounced dead.

Car Accident In Washington County, Maryland, Seriously Injures Two Children

November 17, 2006 | Lebowitz & Mzhen

In Smithsburg, Maryland two children were seriously injured this week in a car accident at the intersection of Smithsburg Leitersburg Road and Rowe Road.

Audrey Marie Partlow, 41, was driving the car that the children, along with another juvenile passenger, were riding in when their vehicle collided with another vehicle, driven by Douglas Allen McCall II, 34.

Partlow, McCall, and the three juveniles, a 5-year-old, a 10-year-old, and an 8-year old were treated at Washington County Hospital.