Maryland Accident Law Blog

Maryland Senate Votes for Text Messaging While Driving Ban

March 19, 2009 | Lebowitz & Mzhen

This week, the Maryland Senate approved by a 43 to 4 vote a bill banning drivers from text messaging whenever they are operating their motor vehicles. If the bill becomes law, it would make reading, composing, sending, or receiving text messages a misdemeanor crime punishable by a $500 fine. Maryland would also join a growing list of states and jurisdictions, including Virginia and Washington DC, that are banning text messaging—whether on a cell phone, PDA, or IPod Touch or another device—while operating a motor vehicle.

Sending short messages via cell phone or other electronic devices is a bad habit that has grown more popular in recent years—especially among younger, more inexperienced drivers. According to the AAA Foundation for Traffic Safety, one of its studies last year found that about 50% of young drivers, ages 18 – 24, text message while driving. The study found that among drivers ages 45 and older, less than 5% engaged in text messaging while operating a motor vehicle.

Text messaging is a type of distracted driving, and like all other forms of distracted driving, including talking on a handheld cellular phone, applying making, or reading the newspaper, can lead to deadly auto accidents. ABC News says that a 2006 study showed that 65% of near-motor vehicle collisions and 80% of auto crashes occur because of distracted driving.

For example, one Maryland child lost her right forearm in a catastrophic bus accident that occurred while the bus driver was texting on his cell phone. 30 people were injured in this Maryland motor vehicle accident. In another traffic accident, a 26-year-old woman died last year in a truck accident when she was struck by a tractor-trailer while the truck driver had been texting.

These kinds of catastrophic motor vehicle collisions could have been avoided if the drivers had not been engaged in distracted driving.

Md. Is Latest State to Target Text Messaging by Drivers, Washington Post, March 18, 2009
Texting While Driving Could Spell Trouble, ABC News, May 8, 2007
Driving and Dialing Bus Drivers May Case Accidents, ABC News, Feb 7, 2007
Related Web Resources:

Examination of Maryland Senate Bill 98 (PDF)

Cell Phone Driving Laws, Governors Highway Safety Association

$50 Million Personal Injury Lawsuit Filed Against Owner of Chimp that Mauled Woman

March 17, 2009 | Lebowitz & Mzhen

The family of Charla Nash, the woman who was mauled by a chimpanzee, is suing the owner of the pet primate for personal injury. In their $50 million personal injury lawsuit, the plaintiffs are accusing Sandra Herold of recklessness and negligence due to her inability to control her 200-pound pet and subdue it if necessary. They also accuse Herold, 70, of inviting Nash to her home while knowing that the chimp, Travis, was agitated.

Nash, 55, had come to Herold’s home to help her lure the primate back into the residence. Their plan, however, went awry when Travis began mauling Nash. Travis also attacked one of the police officers who came to the scene. He eventually shot Travis dead. The officer was treated for trauma. Herold, who was also injured while trying to get Travis off Nash, was hospitalized for her injuries.

The 12-minute attack left Nash without her nose, eyelids, hands, and lips, crushed a number of her facial bones, and left her with brain damage and possible blindness. One month after the attack, she remains in critical condition.

Baltimore County Jury Awards Over $150 Million to Victims of Jacksonville Exxon Gas Spill

March 13, 2009 | Lebowitz & Mzhen

In Maryland, a Baltimore County jury has awarded the victims of a 2006 Exxon gas spill over $150 million. Some 90 Jacksonville residents experienced personal injury, property damage, and emotional trauma after a leaking pipe at a neighborhood gas station caused 26,000 gallons of gasoline to enter the groundwater.

As part of its compensatory damages, Exxon Mobile Corp is paying the plaintiffs for the full appraised value of their properties, as well as for emotional trauma and the annual testing for four kinds of cancer for the rest of the victims’ lives. However, the jury members, who found that Exxon was not guilty of fraud, did not rule in favor of awarding the punitive damages to the plaintiffs, who had sought billions of dollars in recovery.

Their personal injury team had argued that Exxon was aware it was using inadequate leak detection tools yet ignored that this could result in personal injuries. Meantime, while Exxon has accepted responsibility for the spill and apologized to the victim, the company maintains that it never acted with intentional malice or negligence.

Salisbury Man Still Waiting to Find Out if $45 Million Maryland Brutality Lawsuit Can Go To Court

March 10, 2009 | Lebowitz & Mzhen

In Maryland, a Salisbury man is waiting to find out whether a judge will allow his $45 million police brutality lawsuit to go to court. Ceasar Savage says that a number of police officers beat him unconscious when apprehending him outside his mother’s Newton Terrace home in January 2007.

Savage, 37, says that he did not regain consciousness until he was in the emergency room at the Peninsula Regional Medical Center. Upon his release, police took him into custody and charged him with resisting arrest, assaulting a police officer, and a number of drug charges.

According to Savage’s Maryland police brutality complaint, two of the police officers that approached Savage said they were probing a reported burglary in the area. They asked for his registration and license information and asked him to step out of the car.

Three Maryland Car Accident Lawsuits Sue Driver for Catastrophic 2008 Tractor-Trailer-Van Accident that Injured Six and Killed One

March 9, 2009 | Lebowitz & Mzhen

Three of the victims of a Maryland motor vehicle accident involving a passenger van and a tractor-trailer are suing the van driver for wrongful death and personal injury. Robin Poffenberger was transporting a group of seniors to a softball tournament in Olney, when he drove a 2003 Chevrolet Custom van into the path of a tractor-trailer.

One van passenger, 72-year-old Clifford J. Rice, died from his injuries. He was sitting in the front passenger side of the vehicle when the May 21, 2008 crash happened at the intersection of Interstate 70 and Md. 66. Six other people suffered serious injuries. The impact of the collision left the truck’s cab embedded in the side of the van.

Now, three Maryland car accident lawsuits have been filed against Poffenberger. Rice’s widow is seeking $4 million for medical costs, loss of her husband’s income, funeral expenses, his pain and suffering, wrongful death, her mental anguish and emotional trauma, loss of companionship, society, protection, attention, comfort, care, counsel, love, and advice.

US Coast Guard Suspends Search for NFL Players Who Were Lost After Boat Capsized

March 3, 2009 | Lebowitz & Mzhen

The US Coast Guard is suspending its search of Detroit Lions defensive end Corey Smith, Oakland Raiders linebacker Marquis Cooper, and former University of South Florida football player Will Bleakley. The three boaters, who had gone on a fishing trip off Florida’s Gulf Coast were reported missing at around 1:30 am on Sunday. Search efforts began about half an hour later.

One of the other boaters, Nick Schuyler, who is also a former University of South Florida football player, was rescued on Monday. Schuyler says all of them had been wearing life vests when the boat capsized and that they held on to the 21-foot boat for about 12 to 16 hours until Bleakley, Cooper, and Smith finally let go.The boat belongs to Cooper. 10-foot tall weaves reportedly played a role in the catastrophic boating accident.

According to the US Coast Guard, some 200 boats have capsized in last five months. Capsizing is the number one cause of US boating accidents.

Just last week, officials recovered the bodies of a 7-year-old girl and her 48-grandfather after their 15-foot boat toppled over when the steering cable broke, causing the boat to go out of control. In 2007, About 284 injuries and 204 deaths occurred from 398 capsized boat accidents.

The next two leading causes of US boating accidents are falls overboard and boating collisions with other vessels.

If the boat you are riding in capsizes, the US Coast Guard advises passengers to stay close to the boat to make it easier for rescuers to find you. Officials also recommend letting family and friends know where you will be and where you plan to go in your boat.

Coast Guard suspends search for NFL players, AP, March 3, 2009
200 boats have capsized in past five months, Coast Guard says, CNN, March 3, 2009
Related Web Resource:

United States Coast Guard

AAA Says Most Teen Driving Accident Victims are Other Motorists, Vehicle Occupants, and Pedestrians

March 2, 2009 | Lebowitz & Mzhen

The AAA Foundation for Traffic Safety says most of the victims killed in teen driving accidents are people other than the teen drivers. The AAA compiled this information based on its analysis of 10 years of crash information.

According to its findings:

• Between 1998 and 2007, 28,138 victims died in teen (Ages 15 – 17) driving accidents in the United States.
• Between 1995 and 2004, 30,917 people were killed in teen driving accidents.
• Approximately 1/3 of fatalities are the teen drivers, ages 15 to 17.

• Almost 2/3rd of the other teen driving accident victims are the passengers in the vehicle, other vehicle occupants, bicyclists, pedestrians, and other motorists.

AAA Western and Central New York President and CEO Tom Chestnut says that these findings show how important teen driving safety is not just to the teenagers but to everyone involved.

The National Highway Traffic Safety Administration says the leading causes of teen driving deaths and accidents include:

• Driver inexperience
• Immaturity
• Speeding
• Drunk driving
• Failing to wear a seat belt
• Talking on the cell phone
• Listening to loud music
• Talking to other teenagers in the vehicle
• Driving at night
• Drug use
• Drowsy driving
The NHTSA recommends ways to reduce motor vehicle accidents involving teen drivers including:
• Eliminating teen access to alcohol.

• Graduated driver’s licensing program.

Maryland had strict driving laws for teenagers including:
• A teen driver must have a provisional license for six months before he or she can apply for a provisional license.
• A Maryland teen driver must undergo at least 60 hours of driving practice with someone 21-years-old or older who has had a driver’s license for at least 3 years.

• 10 of the practice driving hours must happen at night.

Teen crashes more likely to kill others, WIVB.com, March 2, 2009
Maryland Teen Driving Laws, About.com
Related Web Resources:

AAA Foundation for Traffic Safety

Maryland Website for Parents of Young Drivers

Maryland Wrongful Death Lawsuit Seeks $30 Million from Landlord and Tobacco Company After Cigarette Sparks Catastrophic Fire

February 27, 2009 | Lebowitz & Mzhen

In Washington County Circuit Court, a woman whose mother died in a 2006 fire is suing a tobacco company and the landlord of the property where the fatal accident occurred. Dawn Bunch’s Maryland wrongful death lawsuit is seeking $30 million against Barbara Bristow, who owns the property where she and her mother, Linda Ford, lived and Lorillard Tobacco Company.

Bunch is accusing the tobacco company of acting negligently when it manufactured, sold, and brought cigarettes into the marketplace—the product that caused her mother’s fatal injuries. She also accuses Lorillard of making a tobacco product that was an unreasonable fire risk. Bunch points out that the company could have made self-extinguishing cigarettes. As for defendant Bristow, the plaintiff alleges she breached the duty of care she owed her tenants when she failed to provide them with fire protection or warning devices in their mobile home rental.

Ford, 58, died after a fire broke out in her mattress and caused her hair to catch fire. She reportedly went looking for water to douse the flames but a maintenance worker had shut down the water at their mobile home.

Maryland Bill Calls for Cameras in Nursing Homes

February 25, 2009 | Lebowitz & Mzhen

In Maryland, a bill currently up for consideration in the house is proposing that nursing homes in the state be required to give people the option of installing cameras if that is what the resident or family members want. The patient or his or her relatives would pay for the camera. Per the bill, any room that is monitored by a camera would have a sign on the door indicating that it is under video surveillance.

Nursing Home Cameras

There can be value to installing a camera in a nursing home patient’s room. In New York, there have been over 30 nursing home workers arrested for nursing home abuse in the wake of statewide hidden-camera investigations. In Kentucky, family members were appalled to see video footage of their 84-year-old relative being manhandled and verbally abused by workers. They hid the camera in her room because they were concerned about unexplained bruises that were on her body.

Placing a camera in the room of a nursing home resident can allow family members to monitor his or her care. Some patients are too frail or sick to communicate about any possible mistreatment. Other nursing home residents may not even be aware of their surroundings or realize that they have been the victim of abuse. There also may be residents who are afraid for their safety but are unwilling to report any incidents of nursing home abuse and neglect. If a nursing home worker knows he or she is under video surveillance, the employee may be less likely to physically abuse, verbally abuse or emotionally abuse the resident.

There are, however, critics out there who say that placing a camera in a patient’s room is an invasion of privacy for the resident. Regardless, nursing home abuse and neglect must be stopped. Too many elderly and sick people are suffering because the people charged with their care are hurting them or not giving them the medical attention that they need.

MD Bill Addresses Cameras in Nursing Homes, MSNBC, February 23, 2009
Security Cameras in Nursing Homes – Useful or Wasteful?, Ezine Articles
Related Web Resources:
Maryland Nursing Home Guide, Maryland Health Care Commission
Cuomo Announces Undercover Hidden-Camera Investigation into Long Island Nursing Home that Nets Four Healthcare Workers for Endangering Welfare of Patient, Office of the Attorney General, October 7, 2008

Maryland and Washington DC Drivers Should Watch Out for 10 Fatal Winter Driving Mistakes

February 24, 2009 | Lebowitz & Mzhen

The winter time can be a deadly time for Washington DC and Maryland motorists if they aren’t careful. Poor visibility and icy roads can only make the outcome of an auto accident, caused by negligent or careless driving, worse. To help prevent fatal auto accidents from occurring in snowy weather and icy conditions, Forbes.com offers a list of 10 common driving mistakes that can prove fatal in the wintertime:

1) Not checking the weather before you get in the car.
2) Driving too fast under current weather conditions. This can cause a driver to lose control of the vehicle on slippery roads.
3) Following too closely behind the vehicle or snowplow equipment in front of you. Allow greater distance between you and the other motorist than you would when there isn’t snow on the road. Do not drive using cruise control when the conditions are wet.
4) Overcorrecting your car on ice.
5) Driving while you’re tired.
6) Driving when there’s poor visibility.
7) Failing to get the car winter ready. Also, make sure you have an extra key that is easily accessible in the event that you get locked out of your vehicle.
8) Driving on back roads.
9) Not carrying an emergency tool with you, such as jumper cables, a spare tire, water, dried food, a cell phone, and warm clothing.

1) Leaving your vehicle if your car stops, which could be the warmest place for you to be.

According to a University of California, Berkeley, School of Public Health study:
• Poor weather is a factor in 1.5 million of the car accidents that occur every year, resulting in 800,000 injuries and 7,000 deaths.
• Almost 20% of highway deaths involved poor weather as a factor.

• Driving the day after the year’s first winter storm is the most dangerous day of the year to operate a motor vehicle.

The National Safety Council recommends a number of safety tips for winter driving, including:
• Tune your engine.
• Check your battery.
• Make sure the fluids in your car are at the correct levels.
• Make sure your car is equipped with the proper equipment, including tire chains, a snow scraper, and a snow shovel.

• Have first-aid supplies and a compass with you.

In Depth: 10 Deadly Mistakes Of Winter Driving, Forbes.com

Safe Winter Driving

Related Web Resources:
All-Weather Driving Tips, Road & Travel Magazine
Baltimore, Maryland Weather, Maryland Weather