Maryland Car Accident Attorney Blog

A hospitalized St. Mary’s County man died from injuries sustained one week earlier as a result of a fatal single-vehicle crash on Route 6 near the town of La Plata, MD. Adrian Paul Proffer, a resident of Hollywood, Maryland, was the second person to die from the September 8 crash -- a third person survived the wreck, but not without receiving life-threatening injuries herself.

Although police believe speed was a contributing factor, because this was a single-car accident defective equipment is also a possibility. As Maryland automobile accident lawyers our office handles personal injury cases caused by poorly designed or improperly maintained vehicle equipment.

This is a tremendous tragedy for all of the families involved. According to news reports, Proffer was scheduled to babysit his niece that morning and was late returning home from a night out. His aunt, Dottie Proffer, believes the driver was rushing him home for that reason when the deadly accident occurred.

According to Maryland State Police, the driver of the silver 1999 Ford Mustang in which Proffer was riding apparently lost control of the vehicle on a wet section of Route 6 road. The car left the roadway and struck a guardrail, after which it crossed both lanes of traffic and went off the road into a nearby wooded area.

The 26-year-old Proffer was the front-seat passenger when the car hit a tree and finally came to rest at about 8am. The driver, Jeffrey Daniel Milan, 25, of Hollywood, died that day, while the rear-seat passenger, 24-year-old Kristina Ann Himes also of Hollywood was taken to Prince George's Hospital Center with life-threatening injuries.

Emergency responders placed Proffer on a medivac helicopter, which flew him to the R Adams Cowley Shock Trauma Center in Baltimore, where he later died. Reports indicate that Proffer suffered a severe head injury during the accident.

Passenger dies of crash injuries; St. Mary's man is second to perish, SoMdNews.com, September 16, 2009

A Prince George’s County jury recently awarded $4 million to the family of a University of Maryland student who was killed in a 2007 automobile wreck involving an off-duty county police officer in Bowie, MD. The civil case ended with a decision showing that the officer, Cpl. Mario Chavez, was negligent in the fatal accident that killed 20-year-old Brian Gray on December 10, 2007.

As Maryland car accident lawyers, we have great respect for law enforcement professionals and the work they do, however a police officer cannot afford a lapse in judgment, especially when it comes to causing the death of an innocent person. This jury’s award is a message to police agencies throughout Maryland that off-duty officers should conform to the same rules of the road that other motorists are expected to observe. This crash is an example of that lack of consideration.

According to news reports, the victim was on his way to take an exam in College Park when his Chevrolet Beretta was hit broadside at nearly 50mph by a police cruiser driven by Chavez, who was off duty and heading home at the time. The posted speed limit in that area is reportedly 25mph.

Gray had stopped at a stop sign and was beginning to make a left turn when Chavez slammed into the driver's side of his car, according to trial testimony. Chavez had testified that his view of Gray's car was obstructed by shrubs and that he saw only a moment before the collision.

In their closing argument, the defense claimed Gray was partly to blame for the accident because he didn't yield to Chavez's cruiser. Gray's attorneys argued that if Chavez had been driving at the speed limit, or even 10 to 15 mph above the limit, Gray would have been able to complete his turn unscathed. The jury apparently agreed.

Tragically, Gray’s mother, driving in a separate vehicle several car lengths behind her son, saw the entire incident. Mary Gray was driving a family friend to DeMatha Catholic High School at the time the collision occurred. The force of the impact virtually destroyed Gray's Chevy and the young man was pronounced dead at a hospital around noon, about five hours after the fatal crash.

According to court testimony, AT&T cellphone logs indicated that Chavez either sent or received a text message in the moments before the collision, however the officer testified under oath that he did not use his cellphone in the minutes leading up to the crash.

Chavez reportedly was only issued a speeding ticket after State's Attorney Glenn F. Ivey said there was not enough evidence to charge Chavez with vehicular manslaughter, which in Maryland requires proving that a driver acted with "gross negligence." Chavez is currently assigned to an administrative job.

Civil Jury Finds Officer Negligent in Fatal Crash, WashingtonPost.com, September 18

PRINCE GEORGE'S CIVIL CRASH TRIAL; Corporal Either Sent or Got Text, Witness Says, WashingtonPost.com, September 19, 2009

A recent editorial in the Baltimore Sun brings to light a very important topic and something that every Maryland resident should consider the next time they consider hailing a hire car at a supermarket or anywhere else for that matter. Auto accidents can happen anywhere, and while it is difficult to turn down a bargain basement fare price for a ride around the city, if you are injured in a vehicle that is not properly insured, you may have a harder time recovering medical and other costs.

Remember that legitimate cab and hire car companies charge higher rates because, among other things, they carry the proper insurance. As Maryland auto accident lawyers, Lebowitz & Mzhen, LLC is well aware of the risks involved in riding with an uninsured or under-insured driver.

According to the editorial, taking such a hire car is dangerous. Apparently the risks are so misunderstood that managers of the grocery stores where hacks are operating as "courtesy drivers" either do not know or, worse, they are ignoring their potential liability. These so-called “hackers” operate illegally in part because they do not care to pay for commercial auto insurance, which the law requires.

The Maryland Auto Insurance Fund, which provides coverage for many sedans and taxis, currently has a base rate of about $4,000 per year for such vehicles operating in Baltimore. Hackers may very well have personal auto insurance, but that won’t necessarily cover them if they injure a paying customer, especially if they are operating their vehicle without the knowledge of their insurance company.

As the editorial further explains, hackers do not operate solely in areas not serviced by legal cab companies. The writer goes on to remind the public that hackers operate all over the Baltimore metropolitan area. And because they are not paying, among other things, the high insurance premiums that legitimate companies pay, hackers can charge much less. But that low fare may not be such a great deal if you are hurt or severely injured in a crash.

Should the driver be involved in an accident and his or her insurance company learns that they were working as a for-hire driver at the time, it is almost a certainty that the insurance company will deny any and all claims related to that accident.

Continue reading " Auto Accident News: Maryland Residents should Beware of Potentially Uninsured Courtesy Drivers " »

In a move that could portend a rash of car, SUV and light truck accidents down the road, the District of Columbia has announced that it will be ending safety inspections for most privately-owned vehicles beginning on October 1. As a Maryland auto accident and personal injury lawyer, I have seen first-hand the human cost and property damage resulting from poorly maintained passenger cars.

Single-car accidents, as well as multi-vehicle crashes can be caused by the failure of a single critical vehicle system. Will D.C.’s decision mean more fatal collisions and non-fatal injury accidents around the area? Only time will tell, but one thing I know is that automotive safety is something that everyone who travels on our public roads should be concerned about.

According to a recent news article, budget concerns have led to decision. Along with the D.C. Department of Motor Vehicles, the Fenty administration has persuaded the D.C. Council to approve the change this year as a way to save $400,000. Although the safety inspection program is being terminated, emissions inspections will still be required every two years for all cars and trucks -- as required by federal regulations. Under the latest decision, but motor vehicles that are not used for commercial purposes will no longer have to prove that they are road-worthy.

The move concerns many people that area roads will soon be flooded with unsafe cars that could cause more accidents. Safety advocates and city mechanics who do inspections question the wisdom of the new policy in a community where they say thousands of residents fail to properly maintain their automobiles.

"You have an entire generation that is woefully unaware of when a car has real problems," said John B. Townsend II, a spokesman for AAA Mid-Atlantic, who said 35 percent of inspected vehicles failed inspection last year in the District. "It's not only about unsafe roads in the District, but Maryland and Virginia as well."

The new policy will make the District the first jurisdiction in the mid-Atlantic region to drop all safety inspections for most private vehicles.

In Virginia, vehicles are required to pass inspection every year. Maryland does not have annual inspections, but used vehicles are supposed to be inspected before they are sold or transferred.

D.C. Ending Safety Checks On Private Cars, WashingtonPost.com, September 15, 2009

Auto accidents are tragic enough, but when passengers are injured due to the actions of the driver of the vehicle in which they are riding, that’s even more heartrending. Children especially should never be subjected to the life-threatening injuries of an avoidable single-car accident. As a Maryland personal injury and auto accident attorney, my firm handles cases not unlike the one reported in a recent news article.

According to an investigation by the Maryland State Police, a 2001 Toyota Sienna minivan was headed southbound on Whitesburg Road near Oak Hill Road when it apparently went out of control. Police reason that the minivan driven by a Uyen Buu was traveling at an excessive speed -- deemed too fast for conditions -- and crossed the northbound lane of Whitesburg Road, then slid off the roadway and crashed into a tree in a nearby wooded area.

Police said that all of the passengers were injured as a result of the crash. The adult driver of the minivan suffered non-life threatening injuries and was transported to Peninsula Regional Medical Center (PRMC). The two children, a five-year-old and a six-year-old, were transported to PRMC and then flown to John Hopkins in Baltimore.

At Lebowitz-Mzhen, LLC, we understand the importance of covering the cost of your medical bills when you have been subjected to an auto accident through the negligence of another driver. For adults who work, you may also have to endure lost time at work, which can severely impact you and your family in their time of need.

We also work with insurance companies to make sure that all future medical care and rehabilitation services resulting from your injury will be covered. As our personal injury lawyers explore your situation with you, we will discuss the different remedies available to you. We will also speak with the other parties and the different insurance companies, while doing our best to handle your medical needs as soon as possible.

3 Hurt in Snow Hill Crash, WBOC.com, September 8, 2009

Separate traffic accidents occurred earlier this month in Anne Arundel County. Emergency responders helped five individuals who were hurt in Davidsonville and Glen Burnie, according to the county’s fire department. As Maryland car accident attorneys, the lawyers at Lebowitz-Mzhen, LLC are experienced in representing victims of fatal and non-fatal automobile accidents across the state. A news story coming out of Millersville, MD, reminds that one person’s negligence can cause much pain and suffering to many others.

According to reports, emergency personnel responded to a motorcycle crash in Davidsonville at 10:30am on September 7. In what appears to have been a single-vehicle crash, a 47-year-old motorcycle rider was found injured on the side of Patuxent River Road near Doublegate Road. It is not certain if this accident was a result of rider error or because of defective equipment, however rescuers aided and transported the man to the Maryland Shock Trauma Center with serious but not life-threatening injuries.

Just after noon that same day, responders were called to the scene of a two-vehicle crash in Glen Burnie. The force of the collision, which occurred at the intersection of Ritchie Highway and Maryland Avenue, caused an occupant in one of the vehicles to become entrapped before firefighters were able to free the victim.

According to news reports, rescuers found a woman trapped in her car, with three other people suffering from minor injuries. Those three were treated at the scene and taken to area hospitals for evaluation. The woman, a 39-year-old resident, was taken to Maryland Shock Trauma Center in Baltimore with serious but not life-threatening injuries.

In cases like these, although minor injuries can seem non-life-threatening, there is still a chance that they may cause life-long discomfort or, worse, chronic and painful recurrences. Never assume that a minor injury is something to be dismissed. If you have any concerns about the seriousness of an injury as a result of a traffic accident caused by the negligence of another person, we highly recommend that you contact a qualified auto injury accident lawyer to review your options.

5 hurt in separate traffic accidents, hometownannapolis.com, September 8, 2009

A teenage driver was severely injured and his two passengers killed when the vehicle they were riding in crashed off Maryland’s Route 4 in Anne Arundel County last month. According to reports, the Bradley Buta, 19, was at the wheel and driving near Lowell Pindall Road when the incident took place.

The crash happened just before 6pm not far from the Calvert County line. Police investigators believe that the young driver somehow lost control of the 2003 Toyota Highlander he was driving, after which the vehicle went off the road and struck a traffic sign. The impact then caused the SUV to flip and roll into the nearby woods.

After emergency crews arrived, the driver was taken to Prince George's Hospital Center with serious, but not life-threatening injuries. His two passengers were not as lucky. Katherine Marie Buta, 57, and Douglas Donald Houglund, 67, were both pronounced dead at the scene.

Lebowitz-Mzhen, LLC has represented numerous clients who have been injured in a car, light truck or SUV accident. We also help the families of victims who cannot speak for themselves due to fatal injuries sustained during an automobile accident. In this case, the vehicle was an SUV. At the time of the news report, the police had not yet determined a cause of the accident, but driver error could have contributed. Considering the age of the driver, this may be the situation, but only time will tell.

SUVs are especially prone to roll-over accidents, but this may have been a result rather than the cause of the initial loss of control. Defective vehicle or component design (such as defective tires, brakes, suspension parts, etc.) can also be contributing factors.

If you or a loved one has suffered an injury from an automobile accident, we strongly advise you to speak to a qualified personal injury attorney who is experienced in handling personal injuries resulting from negligence in auto accidents. At Lebowitz-Mzhen, LLC, our personal injury lawyers have years of experience in handling motor vehicle injuries and accidents, and we will be happy to advise and properly represent you, should you decide to file a personal injury claim.

2 Die In Route 4 Crash In Anne Arundel Co., wbaltv.com, August 4, 2009

A Maryland man was convicted recently of vehicular manslaughter stemming from a traffic accident last January that killed a Baltimore woman and severely injured her boyfriend. The defendant, Christopher Nelson, will face up to a year and a half in jail when he goes before a court in October for sentencing. As a Maryland car accident lawyer, I am committed to my clients. Although this man will be sentenced in October, the pain and suffering continues for the families of the victims.

The defendant was reportedly drunk when the crash occurred last January 8. Although he pleased guilty and claims to be sorry for the incident, that’s cold comfort for these victims. One person is dead and another suffered life-threatening injuries the physical and emotional scars from which will more than likely stay with him for many years to come.

According to reports, the 26-year-old Nelson was driving while intoxicated when he crashed his car head-on into a southbound vehicle on Baltimore-Annapolis Boulevard in Pasadena. Elizabeth Meryl Fowler, 54, died in the wreck and her boyfriend, 45-year-old Steven Desombre, received multiple injuries to the head, chest and hip that required him to spend a month in a Baltimore hospital.

According to family members, Fowler had picked up Desombre from work near Baltimore and gone to the Box N' Save grocery store in Glen Burnie to stock up on food prior to the accident. Fowler reportedly was driving south on Baltimore-Annapolis Boulevard near Old Mill Road just before 8pm. Heading north on the same roadway, Nelson lost control of his car while rounding a curve. His 2002 Subaru Impreza crossed the southbound lane, ran into the guardrail and bounced into Fowler's 1990 Honda Accord.

Fowler was taken to Baltimore Washington Medical Center in Glen Burnie where she was pronounced dead. Desombre and Nelson were taken to Maryland Shock Trauma Center in Baltimore where they were treated and eventually released.

News reports say that police reconstructed the wreck and determined Nelson was driving 77 mph in a 40mph zone. A subsequent blood test revealed the Nelson had a blood-alcohol content (BAC) of 0.17 -- more than twice the legal limit in Maryland.

Nelson pleaded guilty yesterday to one count of auto manslaughter and one count of causing life threatening injuries while intoxicated. In exchange for the plea, prosecutors dropped other charges and agreed to seek a sentence no longer than 18 months.

Man guilty in fatal Pasadena crash, HometownGlenBurnie.com, August 22, 2009

Pedestrian-auto accidents occur more often than one would imagine. When they do the results can be catastrophic -- injuries from simple scrapes and bruises to fractures, head and spine injuries. Very serious injuries. Our firm, Lebowitz-Mhzen, LLC represents all manner of clients, including the families of victims killed as a result of automobile accidents. As experienced car accident attorneys, we know the proper way to approach personal injury lawsuits to the best advantage of our clients. A pedestrian accident in downtown Baltimore last month is a painful reminder of how the simple act of crossing a street on foot can take a terrible turn for the worse.

According to police, a woman was struck by a Dodge Neon driven by a 71-year-old woman in the 3100 block of North Calvert Street near the Johns Hopkins University Homewood Campus. The accident occurred around 9 p.m. on a Friday evening. Emergency personnel were soon dispatched to the scene and the victim was rapidly transported to Johns Hopkins Hospital, however she was pronounced dead around 11 p.m. that same evening. The driver of the car stayed at the scene, according to news reports.

A preliminary investigation by Baltimore City police indicates that the victim may have been crossing the street against the traffic light. To complicate matters, police added that the weather also may have contributed to the incident, in that visibility for the driver may have been reduced to some extent.

To say the least, the death of any individual is a tragic and regrettable event. Furthermore, a preventable traffic fatality is even more painful for the families of victims such as this woman. Although no charges had been filed against the driver at the time of the news reports, the victim's family should have at least consulted with a qualified legal professional to understand their rights. Especially if the victim was the sole breadwinner for the family, it may be essential to the well-being of her immediate relatives.

Woman Struck, Killed Near JHU Homewood Campus, WBALTV.com, August 22, 2009

We’ve all experienced it. Driving along a two-lane highway, taking a vacation up the coast, or just riding to work on a normal day -- odds are you have driven past the scene of a fatal car accident whether you were aware of it or not. No matter where you live -- Baltimore, Annapolis, D.C. or anywhere in and around Maryland -- automobile and truck wrecks are a sad fact of life. As Maryland personal injury and auto accident lawyers, our firm knows how quickly a routine car ride can turn into a fight for life.

Tragically, many passenger car, pickup truck and SUV collisions result in death to one or more occupants. Depending on the speed, road conditions or other vehicles involved, a traffic accident can either be a fender-bender or a life-ending event. In cases where another party is at fault, there is also a chance that a wrongful death suit could be pursued.

When an individual dies because of another person's negligent or wrongful behavior, it can often be appropriate to file a wrongful death claim against that party. Claims of this type allow the victim’s family to receive compensation for the loss of their loved one. The loss mentioned here refers not only to the victim, but also to the loss of the comfort, love, companionship, and financial support that individual would have given to surviving family members if the tragic event had not occurred.

It is important to remember that the death of a loved one does not take away the family's rights to be compensated for their loss. Nor does it preclude recovery for the suffering and pain of the person who has died because of the wrongful or negligent act.

The following is a list of persons who have the right to file a wrongful death claim in the event of a death from a traffic accident, whether an occupant of a vehicle, a pedestrian or bystander:

-- Parents of a child who has died
-- A wife or husband who has lost a spouse
-- A child or children who have lost a parent

In a wrongful death claim, damages can include financial support from future earnings and benefits that would have been received if the deceased loved one were still alive, funeral and burial expenses, and any medical expenses.

Annapolis
A Glen Burnie motorist received a reduced 60-day jail sentence for his part in a near-fatal automobile collision in early 2008. The 24-year-old defendant, Jeffrey David Johnson Jr., pleaded guilty recently for his responsibility for inflicting a life-threatening injury while under the influence of alcohol -- a blood test taken after the accident recorded the man’s blood-alcohol content at 0.25 percent, three times the legal limit in Maryland. Being auto injury attorneys in the Baltimore area, our office has represented many clients injured by drunk drivers even after a criminal trial has been concluded.

According to reports, the accident took place in the early morning of March 15 last year as Johnson was heading southbound on Crain Highway. The defendant’s car reportedly hit another vehicle attempting to make a left-hand turn from the northbound lane onto Old State Road. A passenger in the other vehicle was critically injured in the crash. The judge suspended all but 60 days of the two-year sentence due to the other driver not yielding right of way to southbound traffic.

Millersville
A 66-year-old driver was injured recently during a late-morning crash on Cecil Avenue, which caused one occupant to be trapped in the wreckage and left two other passengers with minor injuries. According to Anne Arundel county fire officials, emergency personnel received a call just before 11 a.m. in the area of Waugh Chapel. The woman’s injuries were listed as serious, but not life-threatening.

Odenton
For reasons as yet unknown, a pickup truck crashed into a local 7-Eleven convenience store during a mid-August afternoon. One person received minor injuries after the truck drove into the building. Firefighters were called to the scene where they transported the victim to Baltimore Washington Medical Center in Glen Burnie for treatment of minor injuries

Arnold
A bicycle rider from Cape St. Claire received serious and life-threatening injuries when she was struck in the face by the sideview mirror of an E-350 full-size van driven by an Annapolis resident. The accident occurred on College Parkway at Bellerive Drive shortly before noon on August 11. Emergency crews responded to the accident where they treated Shamika Baker, 22, for a severe head injury and then transported her to a local hospital. According to reports, police suspect alcohol may have been a factor, though the 42-year-old driver of the van, Shane Killeen, had not yet been charged.

Continue reading " Maryland Auto Injury Update: Car, Bicycle and Boat Accident News for Anne Arundel County " »