Maryland Car Accident Attorney Blog

A 19-year-old driver who caused a fatal motorcycle crash that killed a Maryland man has been fined $115 for the accident, but investigators found she was otherwise not negligent in the case of this traffic death. The rider, Harry D. Catts, of Smithsburg, MD, died from injuries suffered on Route 11 in Pennsylvania in late April.

Despite the gravity of the incident, police investigators and the local prosecutor’s office said that Samantha J. Young was not grossly negligent when she turned left in front of the 72-yeal-old Catts. Eye witnesses reported seeing the teenage driver make a left turn into the path of the motorcycle rider, who struck the side of Young's car.

Police said the crash occurred around 1:30 p.m. on April 26 at a busy intersection near the Plainfield exit of Interstate 81. According to police reports, Young told an officer at the scene that she saw the green light and made the turn, but claimed she didn't see the motorcyclist. An accident reconstruction team reviewed the crash scene but apparently found nothing out of the ordinary. Authorities stated that there was no alcohol or cell-phone use involved, and police said that the traffic signals were found to be working properly.

As Maryland Automobile Accident Attorneys, our office has represented many families who have lost a loved one through a motorcycle or car accident. Motorcycle accidents, in particular, can result in very serious bodily injuries or even death due to complications from head trauma or spinal cord injuries.

In this case, the police determined that the driver who caused the accident was simply inexperienced and therefore not grossly negligent for the motorcycle rider’s death. Despite the local district attorney’s statement that the accident was "a mere error of judgment," there is little solace in the fact that the young woman received only a monetary penalty.

Continue reading " Driver Responsible for Death of Maryland Motorcycle Rider Gets $115 Fine " »

Nearly 100 pedestrians in Maryland are killed each year, but could this figure increase in the future? The most current statistics, from 2007, indicate that 110 pedestrian deaths occurred in the state, with 70 of those traffic fatalities occurring on state highways. With a struggling economy and people from all economic backgrounds looking for ways to save money, it’s important to consider that more and more people may be walking to work, school or the store than in years past.

This point was brought home by a recent editorial column in the Baltimore Sun. The writer described his experience of trying to negotiate a local roadway as a pedestrian while his vehicle was in the shop for repairs.

His main observation? Highway engineers gave little thought to the safety of pedestrians and bicyclists in the past. Almost everywhere in Maryland, the columnist explains, there are roads and highways where pedestrians are forced -- by design -- to walk in vehicle lanes. Maryland’s Route 2 and U.S. 40 were mentioned as two of the most deadly for pedestrians.

In a state of more than five million residents, 100 may not seem like a large number, but nobody should be subject to injury or death just for trying to get somewhere on foot. And these statistics are most likely slanted toward the poor or under-employed -- folks who not only cannot afford to own a car, but who don’t even have the money for public transportation.

As a Maryland Car Accident Attorney, I have the ability to represent victims and their families in cases of auto-pedestrian accidents, including situations involving a fatality. Almost every one of these people were minding there own business, just going about their life and hoping that each passing motorist wasn’t distracted by a passenger or cell phone, intoxicated or driving under the influence of drugs, illegal or prescription.

Things have slowly improved. According to Maryland’s highway administration, pedestrian and bicyclist safety has been a top priority since the late 1990s. Before that, the administration was apparently forbidden by law to "squander" state funds on so-called luxuries, such as sidewalks. But the law was changed and many of the state’s highways have been retrofitted with sidewalks -- currently 33 percent, with another two percent typically added each year.

Continue reading " Auto Accident News: About 100 Maryland Pedestrians Killed Every Year " »

A Decatur High School student was struck and killed last week by an allegedly drunk driver as the youth attempted to cross Route 50 in West Ocean City, Maryland. Based on eye witness information, the youngster crossed the westbound lanes to reach the center median of the road, but may have stumbled and fallen into the path of eastbound traffic where he was hit by an intoxicated driver.

The incident occurred during the resort town’s “Cruisin’” event. Just before 8 p.m. on May 16, according to police reports, Mathew B. Barcase had successfully crossed the westbound lanes of Route 50, but somehow ended up in the center eastbound lane where he was hit by a 2008 Jeep being driven by Luis A. Rodriguez, 29, of Massapequa Park, N.Y.

This is a tragic accident that should not have happened. While the youth may have been crossing in an uncontrolled section of roadway, drivers along that stretch should have been aware of the additional pedestrian traffic during the local event. It is every driver’s responsibility to be aware of other nearby vehicles, as well as local foot traffic at all times. According to news reports, the suspect was allegedly drunk at the time of his arrest.

Maryland State Police (MSP) officers reported that they detected signs Rodriguez may have been operating the vehicle under the influence of alcohol. Further investigation led to his arrest for driving under the influence. A breath-alcohol content test was administered at the MSP Berlin barrack. Although the results have not been published, the assumption is that the driver’s blood alcohol content was over the legal limit.

Sadly, for the teachers and pupils at Decatur High School, this is the third student to die in the past year. Late last August, a would-be Decatur senior was killed when her vehicle left the roadway on Route 50 near the intersection of Route 589 just prior to the start of the new school season. And last December, another student died in an undisclosed incident.

Continue reading " Suspected Drunk Driver Kills Teenage Pedestrian in West Ocean City, MD " »

A head-on accident between a passenger car and an SUV in Pasadena, Maryland, killed an 80-year-old woman this past week in what could be a fatal case of drowsy driving. According to reports, the crash allegedly resulted from the victim’s son dozing off behind the wheel, although the time of day -- 10:30 a.m. -- is somewhat perplexing for this type of accident. Police are still investigating the collision.

Every year, our law firm handles numerous Maryland car accident cases similar to this one. The professional legal team at Lebowitz-Mzhen, LLC is very familiar with the many causes of passenger car, pickup truck and SUV crashes. Whether a result of driver error, mechanical defect or drunk driving, our attorneys have the experience to fight for the accident victims’ best interests. In this situation, drowsy driving may have been a factor in the tragic crash.

According to Anne Arundel County fire officials, the accident happened at Fort Smallwood Road near Carroll Road, when the car carrying Irene G. Ratcliff apparently drifted into oncoming traffic, crashing head-on with a Ford Explorer.

Ratcliff died of injuries sustained during the crash. Her son, Herbert Ray Ratcliff, 64, was taken by ambulance to Maryland Shock Trauma Center with serious but not life-threatening injuries. Based on the initial police investigation, the police believe that the son fell asleep at the wheel and drifted into the northbound lane.

This accident highlights the increasing problem of drowsy driving. Longer working hours, family obligations and other activities can reduce the amount of sleep a person gets. Although it seems less serious than other traffic offenses, such as driving under the influence of alcohol, the consequences of drowsy driving can be very serious, as evidenced this past week.

Drowsy driving is a vexing problem for traffic safety officials. According to the National Highway Traffic Safety Administration (NHTSA), it is a factor in more than 100,000 vehicle crashes annually, likely resulting in more than 1,500 deaths and 40,000 injuries around the country -- and these may be conservative figures. Many experts say the nation's progress against drowsy driving is about where the campaign against drunken driving was 30 years ago.

Continue reading " Anne Arundel County, MD, Woman Dies in Possible Drowsy Driving Accident " »

Two Maryland bicyclists were injured on the morning of Friday, May 15, when a driver opened the door of his parked car directly into the path of the oncoming riders. According to police, the incident occurred on Main Street in Annapolis. One rider was taken immediately to Maryland Shock Trauma Center in Baltimore, while the other cyclist was taken to Anne Arundel Medical Center. There was no information on whether either had suffered serious bodily injury or brain trauma as a result of the crash.

The irony of this particular accident is that it happened at the very start of the region’s “Bike To Work Day.” But it also makes us wonder if this could be the beginning of an increasing trend in car-bicycle accidents.

As Maryland Car Accident Attorneys, we get our share of clients who have been involved in automobile-bicycle accidents. While less common than car-to-car collisions, the results -- at least for the bike rider -- are usually much more serious, due to less “armor” surrounding the cyclist. Broken bones, severe lacerations and traumatic brain injuries -- sometimes even death -- can result depending on the conditions.

Only time will tell if this latest accident points to a trend, but with the warmer months coming, more an more commuters may be climbing on their peddle-powered transportation to get to work, school or the grocery store. With the economy still in a downturn, a bicycle offers not only a healthy way to travel, but also a very cheap alternative to owning and driving a car, at least for short trips.

In Baltimore and the surrounding area, more than 1,000 people registered for the region’s annual Bike To Work Day -- 20 percent more than last year -- and many of them were first-timers, according to event organizers. News reports told of riders who met at City Hall for a rally in the morning to mark the day. Those people, said a Baltimore Sun article, feel the city has made progress in marking lanes and installing bike racks. The riders credit Mayor Sheila Dixon, who rides two or three days a week, with starting the transition away from an all-car culture.

Continue reading " Could Maryland Bicycle-Car Accidents Rise Due to Economic Pressures? " »

A single-vehicle rollover accident in southern Maryland quickly turned into a two-car fatality with multiple bystander injuries during the early morning hours of May 2. Through a series of unfortunate events, the driver of a pickup truck that crashed and rolled over on Hurley’s Neck Road was killed when a second car hit the truck just as several Good Samaritans were trying to save the man.

The incident occurred, according to police reports, around 3 a.m. early Saturday morning when Christopher J. Atkinson of Mardela somehow lost control of his pickup truck, causing the vehicle to roll over, ending up with a section of the vehicle remaining in the darkened roadway.

Reports out of the Wicomico County Sheriff's office said a second Mardela resident, Mike T. Brown, and two juvenile female passengers stopped their car and attempted to provide assistance. As the three were trying to free Atkinson from his Dodge pickup, a 2008 Honda Civic driven by 22-year-old William R. Morgan of Salisbury slammed into the passenger side of the pickup truck.

The impact from the Honda resulted in fatal injuries to Atkinson, who was declared dead at the scene by the medical examiner. The Honda driver and the three Good Samaritans were all transported by ambulance to Peninsula Regional Medical Center where they were treated for non-life-threatening injuries received at the scene of the crash.

According to authorities, this accident remains under investigation guided by the Maryland State Police Crash Team, but the eventual outcome will define the next steps. Whether the initial rollover was a result of driver error or defective equipment, the subsequent death of the pickup driver and the personal injuries received by the people trying to help could possibly have been avoided.

Continue reading " Pickup Truck Rollover Crash in Wicomico County, MD, Kills Driver; Injures Others " »

A Maryland woman is in serious condition from injuries sustained Friday when her car was struck by a MARC commuter train in Rockville. Although doctors say the woman, who is seven months pregnant, will recover from her injuries, the circumstances leading up to the accident are a major concern, especially because car-train collisions can easily result in fatalities. Local residents claim that the particular railroad crossing has been a problem for some time.

In fact, the crossing is so dangerous -- and has been the scene of numerous other incidents -- that Montgomery County officials began years ago to plan and build an overpass above the tracks. According to recent reports, Councilwoman Nancy Floreen, who heads the county's transportation committee, said Montrose Parkway is under construction now, which will ultimately take vehicle traffic over the train tracks. The county has funded the road design changes, but it will still take several years to reach completion.

As a Maryland Automobile Accident Lawyer, I have first-hand experience with the victims of these kinds of auto accidents. For the occupants of a passenger vehicle, the violence of auto-train accidents can result in terrible bodily harm, such as amputations and traumatic brain injuries, and sometimes death. Fortunately for this woman, neither she nor her unborn child was adversely affected, but others have not been so lucky.

It all happened around 5 p.m. at Randolph Road and Nebel Street east of Rockville Pike.
Officials say 25-year-old Cemile Ava Valencia was stuck in heavy traffic in her Honda Accord. She got caught on top of the train tracks when the crossing gates went down. As the MARC Train approached, Valencia was able to inch her car up as far as she could but not enough to avoid the train slamming into her car, which spun the vehicle several times, according to reports.

Continue reading " Rockville, MD, Car-Train Collision Injures Pregnant Woman " »

Deaths and injuries in Maryland, as well as across the country, caused by collapsed SUV and passenger car roofs as a result of vehicle collisions and rollover accidents could be reduced in the future thanks to new federal government requirements for greater roof-crush protection. For the first time in more than 30 years, automobile manufacturers will have to engineer their vehicles’ roof and body structures to meet a higher standard -- the roofs of future vehicles will have to bear three times the curb weight of a vehicle.

Nearly a decade in the making, will this new requirement save the lives of auto accident victims? Unfortunately, the rules only cover vehicles with gross vehicle weight ratings up to 6,000 pounds (curb weight plus maximum passenger and cargo weight), which will leave out some full-size SUVs and pickup trucks. Still, it is a step in the right direction to reduce vehicle injuries.

Our experience as Maryland Auto Accident Attorneys tells us that there will always be accidents that threaten the lives and well-being of drivers and passengers. At Lebowitz–Mzhen, LLC, our skilled legal professionals have seen the results of roof crush injuries and deaths. We can only hope that the new standards will make a difference.

Based on the previous, three-decade-old standards, a vehicle’s roof was required to withstand a force equal to only 1.5 times the vehicle’s curb weight, but NOT TO EXCEED 5,000 pounds. This last point was the fatal flaw in the old standard, especially for victims of rollover accidents and other vehicle crashes where the roof collapsed into the passenger space. This type of structural failure during a vehicle accident can cause great bodily harm, including traumatic brain injury.

Over the years, the mass of SUV’s, light trucks and other passenger vehicles has increased, while the 5,000-pound maximum has remained unchanged. Comparing the old standard to the new, the roof of a current 3,700-pound SUV is required to hold up under a maximum of 5,000 pounds, even though 1.5 times the curb weight is 5,550 pounds. Under the new standard, with no maximum, the roof of a future 3,700-pound SUV will be required to withstand 11,100 pounds of force -- more than twice the previous 5,000-pound maximum.

Also of benefit will be a change in testing procedures. The new standards call for crush pressure to be applied first on one side and then the other side of the roof. According to reports, some safety advocates have for years asked for a two-sided test, arguing that it better duplicates what happens when a vehicle rolls. In a roll, pressure is applied to one side, weakening the roof. Then, as the roll continues, more pressure is applied to the other side.

Government Improves Roof-Crush Standards, NewYorkTimes.com, May 5, 2009