Maryland Car Accident Attorney Blog

The recent fatal vehicle crash involving a Dunkirk, Maryland, teen is a sad reminder of how quickly a young life can be lost in a traffic accident. The tragedy is compounded by the fact that the young girl’s vehicle was hit by a Calvert County Sheriff’s cruiser on the way to what authorities term a priority assignment. The accident occurred on MD Route 4, also known as Southern Maryland Boulevard, in the late morning of July 24.

Being an automobile accident attorney practicing in Maryland, I respect the dedication of our state’s law enforcement professionals when it comes to protecting the public. At the same time, I cannot help but feel sadness for the family of this 18-year-old girl who died so tragically.

Because the accident involved one of their own deputies, the Calvert Country Sheriff’s office requested that the Anne Arundel County Police Department and the Maryland State Police to conduct an independent investigation into the events leading up to the crash.

According to reports, Rachael Alexandra Campbell was driving a 1997 Buick LeSabre southbound on Route 4 and was preparing to make a left turn onto eastbound Apple Way into the Apple Green Subdivision. Whether the teen saw the police cruiser heading northbound at what must have been a high rate of speed will never be known, but the police investigation indicates that the officer, Deputy C. W. Wells, had his emergency lights on as he approached the intersection.

Ms. Campbell allegedly turned left in front of the oncoming cruiser leaving no time for officer Wells to avoid a crash. The police car hit the Buick in a t-bone type of collision, with the cruiser smashing in the right side of victim’s car at the near-center of the passenger compartment.

The impact was so severe that the victim’s car was hurled from the intersection, ending up in a grassy area on the east side of the roadway where it caught fire. Campbell was pronounced dead at the scene.

The force of the impact also caused the police cruiser to roll over and come to rest also on the east side of the road. When rescue personnel arrived they found the officer pinned inside his vehicle. He was removed and transported to Baltimore Shock Trauma with life-threatening injuries. He was released from the hospital several days later, according to the sheriff's office.

Accidents like this can happen out of the blue. If you or someone you love is a victim of an automobile accident, either through another person’s negligence or as a result of defective equipment, I highly recommend that you contact a qualified legal profession to evaluate your potential case. You may have grounds for monetary compensation to cover medical costs and other damages.

Teen Motorist Dead after Being Hit by Calvert Deputy's Car, SoMd.com, July 27, 2009

Law enforcement officials and accident investigators had been combing the site where a 22-year-old Potomac resident received fatal injuries following a recent single-car accident on Bradley Boulevard in Bethesda, Maryland. The automobile crash occurred just after 6 a.m. on a Saturday morning, according to police, when Pedro Pedro Ivo Sobral Canuto apparently lost control of the car he was driving. The 1999 Audi crossed the centerline, left the roadway and hit a tree on the driver’s side, which caused severe injuries to the driver.

As a Maryland auto accident and personal injury attorney, I have worked on cases involving fatal and non-fatal single-vehicle accidents. Barring driver error, many of these types of accidents are the result of defective equipment.

In this instance, a person nearby the crash scene said that the sound of squealing brakes could be heard moments before the impact. According to reports, the driver was wearing his seatbelt. When rescue personnel arrived, they were able to extricate Mr. Canuto, who was subsequently transported to Suburban Hospital with critical and life-threatening injuries. Sadly, the man died around noon the next day.

Vehicle defects can be very dangerous, especially when they are related to a car or truck’s steering equipment or braking system. In this case, police still don’t know the cause, however, it sounds as if the braking system may have been involved. This was a ten-year-old vehicle and older vehicles can have excessive wear in certain components including the braking system.

Depending on the speed and road conditions, if the vehicle’s brakes failed to operate correctly, it may have caused the car to go out of control and leave the roadway. But this is simply speculation, and until a definitive report comes from police accident investigators, no one can know for certain what caused this fatal crash.

It is not uncommon for poorly designed or improperly maintained vehicle systems to be the root cause of a crash that results in serious injury or death of the driver, passengers or bystanders. If someone you know has been involved in a vehicle accident due to defective equipment, there may be grounds to recover medical costs and other damages.

Continue reading " Potomac Man Dies Following Single-vehicle Crash in Bethesda, MD " »

A repeat traffic offender, with a blood alcohol content (BAC) well over the legal limit, is suspected in a recent fatal Montgomery County crash on the Capitol Beltway that killed two people. According to reports, Kelli R. Loos, 33, formerly of Bethesda, Maryland, rear-ended a pickup truck on the beltway, impelling the other vehicle over a guardrail and down an embankment where it landed on its roof 60 feet below the roadway.

The passenger of the pickup truck, 37-year-old Franklin Manzanares, was trapped in the vehicle and pronounced dead at the scene. Rescue workers transported the driver, Gradys Mendoza, 39, to a local hospital, but he was dead on arrival.

News reports said that Manzanares has a wife who currently lives in his home country of Honduras and also has a son and daughter in the United States. Mendoza, who was a banquet waiter at the Mandarin Oriental Hotel in the District and also ran a construction business, had been married for about 17 years -- he has two girls and a boy. Both men lived in the Springfield area.

Following the accident, Loos fled the scene and reportedly drove toward Virginia. She crashed her vehicle again while trying to exit the Beltway onto Georgetown Pike, striking a highway sign, according to police, at which point she was taken into custody. At the Fairfax County jail, she registered a BAC of 0.20 on a breathalyzer.

According to reports, this woman has a long history of driving violations and recently missed a court appearance to face charges of driving with a suspended license. In a July 1 letter to the judge presiding over that case, Loos claimed “family issues” as a reason for her failure to appear. Although the criminal courts will likely catch up with this individual for her traffic offenses and hopefully her part in the death of those two men in the truck she hit, the families of the victims may need to pursue legal means to recover damages.

Representing Maryland automobile accident victims, the lawyers at Lebowitz-Mzhen, LLC have a proven track record when it comes to wrongful death, as well as personal injury cases. In this instance, the suspect in the beltway accident has shown time and time again a disdain for the traffic laws of this state, not to mention the welfare of the others on public roads. Causing injury and, in this case, death is inexcusable. Having a history of flouting the law will only weaken any arguments she offers as reasons for her abhorrent behavior.

Suspect in Fatal Beltway Crash Was Over Alcohol Limit, Police Say, WashingtonPost.com, July 9, 2009

There are some things money just can’t buy. A new hand is one that comes to mind. A recent news story makes it clear that auto accidents don’t just cause injuries that might possibly heal over time; they can also irreversibly maim and disfigure some victims. An apparent DUI-related car crash in Nanjemoy, Maryland, earlier this year is one such injury accident that can never quite be made right for the victim. In the early evening of February 27, Wade E. Morgan and a passenger were driving along Port Tobacco Road near Tayloes Neck Road when the 38-year-old driver apparently lost control of the vehicle, which crashed off the side of the road. During the accident, the passenger was reportedly thrown from the vehicle and in the process his hand was severed. The driver, who failed a sobriety test shortly after police stopped him, claimed that he couldn’t find his friend, which is why he left the scene of the accident. This act alone could have resulted in the death of the passenger, considering his medical circumstances. As Maryland automobile accident and personal injury attorneys, the lawyers at Lebowitz-Mzhen, LLC, have seen first-hand the aftermath of some pretty horrific accidents. We have handled many cases were the victim of a car crash has lost a limb. Without a doubt, the lost of a hand is one of the more devastating personal loses an individual can sustain. When it happens as the result of another person’s negligence, it is something that can never be made completely right. Luckily for the victim, rescue crews were able to save him, though emergency personnel and police were never able to locate the lost appendage. Meanwhile, the man’s so-called friend was charged with numerous traffic and drug-related offenses, including leaving the scene of an accident involving serious physical injury, driving or attempting to drive while impaired by a controlled dangerous substance, driving or attempting to drive while impaired by drugs or alcohol and three counts of drug possession. Police allegedly found six OxyContin tablets in Morgan's pocket, PCP mixed into a bottle of parsley and some prescription drugs. According to reports, police also found a tinfoil smoking device containing some parsley and PCP inside the suspect’s car. Morgan, who is currently free on $50,000 bail, is scheduled to to go trial on October 5, 2009.

Continue reading " Injured Maryland Man Loses Hand in Charles County DUI Car Accident " »

A sad story of a fatal bicycle accident in Ocean City, MD, came across the wires recently and points to the dangers inherent any time a bike rider travels on public roads. It happened on Maryland’s Coastal Highway as 23-year-old Kristin Anne Stormer was taking a leisurely summer ride. While riding her bicycle along a pedestrian crosswalk, she was struck and killed by a southbound delivery truck.

As a Maryland auto accident lawyer, I’ve represented numerous individuals who have been injured in automobile-bicycle accidents. Although the roadway in question has a 35mph posted speed limit, at those relatively low speeds even a small car, much less a full-size delivery truck, can seriously injure or kill someone on a bike. Without knowing the specific details, it’s hard to say if the truck driver was responsible for this woman’s sad and unfortunate death.

Summer is a great time to out and about. But whether you're riding a bike, a motorcycle or driving a car, even a relaxing trip along the coast must be done with a degree of caution. As motor vehicle operators and as bicycle riders, we all have a responsibility to follow the rules of the road. In this case, reports state that the woman may have been listening to an iPod while riding her bike. This is can be a dangerous activity for anyone operating a vehicle in traffic and it is actually illegal in Maryland.

According to reports, the driver of the truck had not yet been charged in relation to the accident, although an investigation was ongoing. Not long after this tragic event, another bicyclist was killed in an early-morning collision with a motor vehicle. The fatal crash happened on the Harry W. Kelley Memorial Bridge along Route 50 when a drunk driver plowed into two cyclists in an apparent hit-and-run accident. According to Maryland State Police, one of the cyclists, 41-year-old Edward Joseph Zisk, died at the scene as a result of his injuries.

In that incident, police reports indicate that the 34-year-old driver, Daniel Mathew Bren of Berlin, MD, hit the two bike riders from behind, then fled the scene in his 2006 Chevrolet Silverado. Police caught up with and arrested Bren shortly after the accident. He was charged with negligent homicide by motor vehicle while under the influence, driving under the influence of alcohol, and failing to remain at the scene of an accident involving the death of another.

These tragic incidents are a reminder to the rest of us that potential injury lurks around just about any corner. Whether you are a driver, a rider or a passenger in a vehicle, it pays to stay alert to potential dangers. If you or someone you love has been injured in an auto-related accident, we highly recommend that you seek the counsel of a qualified legal professional to handle your automobile accident, personal injury or wrongful death case.

Two cyclists die in resort roadway accidents, DelmarvaNow.com, June 30, 2009

A 21-year-old illegal immigrant from Mexico has been sentenced to three years in jail for the fatal crash in Dayton, MD, last March that killed two of his passengers and injured a third. According to news reports, one factor in the court’s decision was the man’s 0.09 blood alcohol content (BAC) at the time of the car accident, which was just over the legal limit in Maryland. Other factors, such as an ice- and snow-covered roadway was not considered important. Once the man’s sentence is completed, it is likely he will be deportation back to his home country.

This case shows that courts have very little patience for anyone who has been drinking and driving, even “a little.” As a law firm that represents automobile accident victims and their families, Lebowitz-Mzhen, LLC fights hard for its clients. In this instance, the defense tried to argue that weather conditions were the cause of the accident, however the other facts were more important to the court, such as the use of alcohol and the resulting deaths.

According to court documents, the defendant, Jose Algomeda-Santiago of Mount Airy, was driving a Volkswagen Jetta northbound on a snow- and ice-covered Route 32 shortly before 4 a.m. on March 1 when he lost control of the vehicle. The vehicle spun into the southbound lane, where it was hit from the rear by a Dodge truck. Gilberto Garcia Vasquez, 26, of Westminster, the right rear passenger, was ejected from the vehicle and was pronounced dead at the scene.

The right-front passenger, 21-year-old Victor Gutierrez-Almeida, died later at the University of Maryland Shock Trauma Center in Baltimore from injuries sustained in the collision. A third passenger, Gonzalo Gutierrez-Molina, 25, survived the collision. The defendant, Jose Algomeda-Santiago of Mount Airy pleaded guilty to two counts of negligent homicide while under the influence of alcohol.

The judge in the case declined to add probation to the sentence, noting that Algomeda-Santiago would likely be taken into custody by U.S. Immigration and Customs Enforcement officials once his sentence was up and probably deported back to Mexico.

Continue reading " Illegal Immigrant Receives Three-year Sentence for Fatal Howard County, MD, Car Crash " »

There is a time and place for everything, but public roads should never be used for illicit racing events. News articles indicate that a recent early-morning drag race that resulted in two pedestrian deaths occurred on a portion of Maryland’s I-70 interstate well known locally for similar illegal speed events. According to authorities, early on the morning of June 21 two young people were killed when one of the drivers lost control of his vehicle and struck several cars and spectators on the side of the roadway.

As an automobile accident attorney, my office is able to represent victims and their families who have experienced a loss such as this, where a pedestrian is injured by a car, SUV or truck. Sadly, this type of accident could have been avoided, especially if the spectators realized the dangers involved. That Sunday morning in Baltimore County, 21-year-old Mary-Kathryn Michele Abernathy of Columbia, MD, and 20-year-old Jonathan Robert Henderson of La Plata in Charles County were killed when a westbound 2009 Chevrolet Impala went out of control. The accident investigation is ongoing and no determination has been made on whether the cause was driver error or defective equipment.

According to police, the accident set off a chain-reaction crash that also caused severe injury to the driver of the Impala, 26-year-old Donneil Raeburn of Pikesville, and Paul Alan Duffy, 22, of Elkridge. The Impala struck a 2004 Cavalier owned by Duffy, who was standing outside his vehicle, which in turn was pushed into the rear of a 1995 Acura Integra owned by Henderson, who had been standing with Abernathy. Both were pronounced dead at the scene.

Rescue personnel treated Raeburn and Duffy, then sent them to the Maryland Shock Trauma Center in critical condition. Raeburn was still in critical condition several days later, while Duffy was treated and released later that day.

This stretch of I-70 is a dead end -- undeveloped since the 1980s -- which makes it a popular site for young drivers. Local residents are very familiar with the frequent late-night speed events that take place more or less in their backyards. Maryland State Police and the State Highway Administration have been in discussions regarding ways to discourage these activities. Ideas include rumble strips or cameras to monitor activity on that part of the road. The sooner this is addressed the better it will be for everyone, except of those two young adults who senselessly lost their lives that Sunday morning.

Drag racing frequent event at site of deaths on I-70, BaltimoreSun.com, June 24, 2009

In Maryland, as around the rest of the country, text messaging has become a favorite pastime for many. But victims of traffic accidents know that “texting” is actually a big problem. Auto accident experts and politicians alike are suggesting that cell phone texting could be the drunk driving of the 21st Century. Already banned in neighboring states, text messaging while driving will soon be against the law Maryland beginning October 1, 2009.

In our Maryland auto accident law office, we have seen the results of driver inattention in terms of personal injury and traffic fatalities. Much like driving while intoxicated, which results in impaired judgment and reduced reaction time, texting can be just as dangerous since the activity can cause a driver to be highly distracted. Extremely common among young drivers -- a study last year by the AAA Foundation for Traffic Safety found that about half of drivers ages 18 to 24 said they texted behind the wheel at least occasionally -- text messaging is becoming more and more popular. And this is worrying.

Maryland’s anti-texting law will make the activity a misdemeanor crime of driving while using a text messaging device to write or send a text while operating a motor vehicle in the travel portion of the roadway. A civil penalty will be imposed and a fine of not more than $500 can be enforced if convicted.

With many instances of injury accidents and traffic fatalities attributable to driver inattention, the use of cell phones, and texting in particular, was apparently the next big problem to impact safety on Maryland’s highways and byways. In fact, a 2003 Harvard Center for Risk Analysis study found that cell phone use while driving contributed to six percent of crashes and some 2,600 deaths each year. Those figures are sure to have risen during the intervening six years.

Our advice is to avoid using your cell phone while driving and definitely do not text if you are operating a vehicle in traffic. With the increase in the number of smart phones coming on the market, any effort to reduce distractions behind the wheel will improve everyone’s chances of arriving at their next destination alive and well. But if you choose not to heed this suggestion, Maryland's new texting while driving law may just net you a hefty fine in the future.

Fines Up to $500 if Caught Texting While Driving, TheBayNet.com, July 3, 2009

A tragic set of circumstances led to the untimely death of a Bowie man and his young daughter on Interstate 70 last week. According to Maryland State Police, the deadly collision happened in Lisbon around 6:30 p.m. on June 30 near the Route 97 exit. While traveling in his 1929 Ford Model A, Richard Dashiell, 62, and his 10-year-old daughter were hit from behind by a 2007 Dodge driven by Paul Davis of Glen Burnie.

As a Maryland auto accident law firm, we have had experience with situations not unlike this one. Of course, summertime offers many great opportunities to get those vintage and antique vehicles out of the garage and onto the road. Unfortunately, today’s cars, trucks and SUVs are faster and sometimes larger and heavier than older antique autos. Combine this with all the “normal” dangers of everyday driving and owners of vintage vehicles must be extra careful to avoid inattentive drivers and hopefully prevent an automobile accident.

Sadly, in this case, even though the Model A’s driver was apparently following the proper procedures, he still could not avoid this crash. According to news reports, eye witnesses told police that Dashiell's vehicle was traveling in the far right-hand lane of the interstate at about 50 mph prior to being hit from behind. Police also said that Dashiell's car had a "Slow Moving Vehicle" sticker on the rear window.

As a result of the crash, Dashiell and his daughter, Amelia, were both thrown from the vehicle as it was flipped on its side by the impact. Many owners of older, vintage cars choose not to retrofit seatbelts to their vehicles, so this may have been a contributing factor in the fatality. Police said the driver of the other vehicle was not injured and no charges have as yet been filed, although the accident is still under investigation.

Bowie Man, Daughter Dead in Antique Car Crash, WashingtonPost.com, July 3, 2009

You may not know it, but Baltimore is way behind the rest of Maryland in terms of traffic roundabouts. Why is this important? For anyone who has been injured in a head-on collision at a busy intersection or knows someone who was killed by an inattentive driver turning in front of traffic, this is a very timely subject.

Recent reports indicate that the City of Baltimore has been seeking Federal aid to help fund construction of traffic circles, or roundabouts. Although the average driver may not like traffic circles, they are very popular with highway engineers, who believe that roundabouts can save lives. In fact, according to the State Highway Administration, there has never been a fatal accident at an intersection that has been replaced with a roundabout.

As Maryland automobile accident attorneys, we have represented our share of injury accident victims, as well as the families of those killed in fatal car crashes. Any traffic system that can reduce the carnage on our roadways is a benefit. Apparently, additional roundabouts can help accomplish this.

The State Highway Administration says that serious injuries have been reduced by 85 percent at locations where a traffic circle has replaced an intersection all around Maryland. And crashes, overall, were down by 60 percent. It would seem that the state’s engineers can’t say enough good things about them, which is why Baltimore is pushing for additional aid to fund a number of projects around the city.

Such traffic circles have become common in Maryland's counties since the first one was built in Howard County in 1993, but Baltimore itself has been slower to adopt these improved traffic safety designs. There are currently two roundabouts in the city -- one on Wilkens Avenue in Southwest Baltimore and one at the end of President Street in Harbor East -- but neither is in a heavily traveled corridor that carries a high volume of traffic.

The type of roundabout the city wants to install is different from New Jersey-style rotaries or from the signal-controlled traffic circles common in Washington. The Maryland style of roundabout requires vehicles entering the roundabout to yield to those already there. Highway engineers say the roundabouts' design makes it virtually impossible to have a deadly head-on or T-bone crash. According to experts, most of the collisions that do occur cause nothing more than property damage, and that would be a sizeable improvement over the status quo.

Baltimore seeks U.S. aid for traffic circles, BaltimoreSun.com, May 24, 2009