Maryland Car Accident Attorney Blog

Another late-October traffic fatality took the life of a University of Maryland junior who was apparently the victim of a hit-and-run pedestrian accident. Having represented victims of pedestrian injury accidents, I can understand the pain and grief of such a loss, not only to the family but to the friends and schoolmates of this young woman. When it comes to car and truck accidents, the occupants in the vehicles have a much better survival rate than the persons on foot.

According to news reports, the Baltimore Police were investigating this particular hit-and-run accident, which claimed the life of Miriam Frankl just before 3:30pm on a Friday afternoon in October. Reportedly, police investigators had apparently questioned the owner of the white Ford F-250 truck that fatally injured Frankl while making an illegal left turn onto E. University Parkway from St. Paul St that day. Frankl died the following morning the University of Maryland Shock Trauma unit.

The white Ford F-250 in question was reportedly found on the following Saturday night, legally parked on the 3800 block of Edgarton Road in Northwest Baltimore. Police said that it had a decal from Tate Engineering Systems, but was apparently no longer owned by the company, having been sold to a private individual in August or September of 2008.

Police said that the owner of the truck turned himself in to police on Monday night, but was released after questioning. At the time of the report, Police had not stated whether they believe the owner was driving the vehicle at the time of the accident. If he was the driver, he could be facing serious charges not to mention a possible wrongful death law suit from the woman’s family.

Student fatally injured in hit-and-run accident, JHUNewsletter.com, October 10, 2009

Any traffic death is a tragedy, but those automobile accidents that take a young, promising life are all the more horrendous. As a Maryland car accident lawyer, I try to help the families of these victims find some sort of closure. Though nothing can bring back a loved one killed in a car or truck accident, the monetary awards that some victims receive can help the family to recover after a loss of this magnitude. News of a recent traffic death on the GW Parkway illustrates the senseless waste of human life that an auto accident can inflict.

According to reports, 22-year-old Ashley Roberta was killed in late October when the sport utility vehicle she was riding in crashed into a metal guardrail on the parkway around 3:15am. The University of Maryland graduate was pronounced dead at the scene.

Roberta, a native of Phoenix, Maryland, graduated from the university last May with a degree in criminology. She reportedly had planned to attend law school and was interviewing for a job as a paralegal, according to a friend and senior family advisor.

Police reports indicate that the single-vehicle accident occurred on the southbound side of the George Washington Parkway near the Memorial Bridge where the parkway crosses Boundary Channel. The vehicle was carrying three people including U.S. national team soccer star, Charlie Davies.

At the time of the reports, police had not finished assessing the scene, but initial reports point to either driver error or a mechanical failure caused perhaps by defective vehicle equipment. The force of the crashed crash split the SUV in two, causing severe injuries to Davies and the unidentified female driver, and killing Roberta.

Davies was critically injured with a broken tibia and femur and fractures to the face and elbow. He reportedly underwent six hours of surgery and was initially listed in serious but stable condition. At the time of the reports, he was expected to recover. There was no information at the time on the condition of the driver of the vehicle.

The accident was so horrific that the sport utility vehicle the three were traveling in was litterally ripped in half, requiring two tow trucks to haul the wreckage away.

The girl 'everyone wants to talk to', DiamondBackOnline.com, October 20, 2009

Sport utility vehicle (SUV), pickup truck and car accidents can happen any time with little or no warning. The lucky drivers in traffic accidents such as these receive minor to moderate injuries. The unlucky ones can end up permanently handicapped or, worse, pronounced dead at the scene of the car or truck crash. As Maryland auto accident attorneys, I and my colleagues help to represent accident victims and their families to help recover some or all of the medical expenses, lost wages and other financial costs of such collisions.

A recent news report talked about couple of the lucky ones who survived a head-on car crash in Frederick, MD. According to police, two drivers traveling in separate vehicle were injured when their vehicles collided on Maryland 180 where the roadway crosses over U.S. 340.

Reports indicate that the accident occurred just before 12:30 in the afternoon, when a 2006 Chevrolet Trailblazer driving westbound over the Maryland 180 bridge crossed the center line and collided head-on with a 2009 Ford Focus.

Emergency responders arriving on the scene treated both drivers before they were both transported to R Adams Cowley Shock Trauma Center in Baltimore. The driver of the Trailblazer was identified as Tracey Lamar Andrews, 41, of Frederick. That driver, as well as the driver of the Focus, John Thomas Sparks, 28, of Cumberland, Maryland, were both flown from the scene by Maryland State Police Medevac helicopter.

At the time of the report, police had not yet determined if the accident had been caused by driver error, or if it may have been due to defective vehicle equipment. Fortunately, neither driver’s injuries appeared to be life-threatening; and there were no other passengers in either vehicle, according to police.

Two drivers injured in crash on Md. 180, Hearld-Mail.com, October 20, 2009

Drunk driving can and does cause tragic results. It’s amazing, then, that an 84-year-old Maryland motorist who police believe was driving under the influence of alcohol, did not kill anyone when he unknowingly drove the wrong way on Interstate 70 recently. As auto and truck accident attorneys, I and my colleagues have seen first-hand the results of similar events. This one, thank goodness, did not result in any fatalities or serious injuries, for that matter.

According to reports, Carroll Wayne Broome of Hagerstown was apparently intoxicated when he entered I-70 just after noontime on Monday, November 16, and drove eastbound through opposing traffic. Police say that Broome caused two separate accidents near exit 28 (near Maryland’s Route 632) and exit 29 (near route 65).

Surprisingly, no serious injuries were reported, according to reports. Law enforcement officials said that the first accident occurred when two other vehicles collided after Broome’s vehicle caused the other drivers to swerve to avoid the man near exit 28. The second accident occurred when a car, which was grazed by the man’s blue passenger vehicle, rear-ended another car that had slowed down to avoid a collision.

Reports indicate that Peter Nicklas Jr., 36, of Hagerstown -- involved in the second accident -- was taken by the Halfway Volunteer Fire Department to Washington County Hospital where he was treated for minor injuries and released. According to police, no one else suffered injuries that were serious enough to warrant a hospital visit.

News articles stated that a Maryland Department of Natural Resources officer found Broome’s car stopped in the median and facing the wrong was along the westbound lanes of I-70 just east of exit 29.

Troopers arriving at the scene gave Broome several field sobriety tests. They reportedly arrested the man and took him to the Maryland State Police barrack south of Hagerstown for processing. He was released pending a mandatory appearance in court.

Man charged with DUI after allegedly causing two accidents on I-70, Hearld-Mail.com, November 16, 2009

An Upperco, MD, woman was recently sentenced to eight years in prison for a fatal drunk driving-related traffic accident that occurred in 2008. According to reports, 65-year-old Mary Ann Farevagg received the sentence in a Baltimore County court. I and my firm, Lebowitz & Mzhen, LLC, have handled dozens of wrongful death cases stemming from car collisions. Drunk driving is one of the more common causes of on-road fatalities, something that police and legislators have bee trying to combat over the years.

In this instance, Ms. Farevaag apparently entered a guilty plea in Baltimore County Circuit Court for the December 16, 2008, car crash that killed 47-year-old Richard Daniel of Hampstead, Maryland. According to news reports, Daniel was riding in a second vehicle driven by his mother Sara Daniel, 72, who was critically injured in the head-on collision. Court records show that Sara Daniel sustained life-threatening injuries that required extensive in-hospital treatment.

The accident occurred on Black Rock Road near Trenton Road in Baltimore County, about a mile from Farevagg’s home. Prosecutors said that the vehicle Farevaag was driving crossed the center line at 8:40am and struck the Daniel’s car first, then hit several other vehicles before ending up in a nearby field.

Police reports indicated that Farevaag’s blood alcohol level, which was tested two hours after the accident, was at 0.25 percent -- more than three times the legal limit in Maryland.

After pleading guilty to one count of automobile manslaughter and one count of causing a life-threatening injury while under the influence of alcohol, Farevaag was sentenced by Judge Susan Souder to 10 years in prison with all but five suspended on the manslaughter charge. She was also sentenced to an additional three years in jail on the charge of causing life-threatening injuries. The court ordered the sentences to be served consecutively.

Upperco woman sentenced to eight years for auto manslaughter, ExploreBaltimoreCounty.com, September 22, 2009

A recent article made one thing clear: The court of Judge William C. Mulford II sees things as they really are. According to the news report, the trial of a Baltimore man was finally concluded with a guilty verdict for the 2007 deaths of two men. Although the defense requested that the man, 20-year-old Nicholan Vakoutis III, be allowed to serve his 18-month sentence at home. As a Maryland auto accident lawyer who represents the families of victims, I understand why the judge declined.

According to the report, it was definitely and emotional hearing, due to the fact that the two deceased men and the defendant were all friends. But Circuit Court Judge Mulford ordered Vakoutis to finish the 18-month sentence imposed following his conviction for the deaths of 16-year-old Justin Wesley of Pasadena and Ronald Jake Houck, 19, of Baltimore.

During the hearing, which was attended by both the Vakoutis' family and those of his friends, court records show that Vakoutis asked to be allowed to finish the rest of his sentence at home.

The fatal car accident that killed the man’s two friends occurred around 8:30pm on July 27, 2007. According to police, Vakoutis was driving a Toyota Yaris north on Marley Neck Road in Glen Burnie when he lost control. Authorities alleged that the man was driving 85 mph when he spun off the road, up an embankment and into an oak tree.

Grahe died at the scene and Houck died a few days later at the Maryland Shock Trauma Center in Baltimore. Both Vakoutis and Justin Grahe's 17-year-old brother, Joshua, were seriously injured.

According to reports, Vakoutis pleaded guilty last January to two counts of vehicular manslaughter as part of a plea agreement that capped the possible sentence at 18 months at the Ordnance Road Corrections Center in Glen Burnie.

Although Vakoutis’ attorney asked the court to allow the defendant to finish his sentence on home detention, Judge Mulford held to the original sentence of 18 months in the Glenn Burnie corrections center.

Judge denies home detention in fatal crash, HomeTownAnnapolis.com, November 12, 2009

Tragedy can strike at any time. For many people, an SUV, pickup truck or passenger car crash can spell the difference between a happy future and a sad end. As Maryland automobile accident lawyers, Lebowitz & Mzhen, LLC has the experience to help families of traffic accident victims make it through a very difficult time.

Nothing good can come out of the death of a loved one caused by a severe vehicle collision or other fatal traffic accident, especially if that person is the breadwinner in the family. But talking to a personal injury lawyer is always a good idea. A recent single-vehicle crash reminded me of how transient life can be.

According to reports, a Gaithersburg, MD, man was killed in a single-vehicle wreck not long ago on a stretch of Maryland 464. Maryland State Police identified the man as Ruo Y. Zhao. Police reports indicate that the 26-year-old was driving a 2008 Mitsubishi westbound on Point of Rocks Road, just east of Lander Road, at what the authorities describe as a high rate of speed. This was stated, according to police, by a witness who saw the car prior to the crash but did not see the actual event.

Cpl. Todd Hill of the Frederick barrack said that Zhao may have hit some standing water on the roadway. This could have resulted in the vehicle’s tires hydroplaning and causing a lost of steering control. Depending on the age of the tires or whether they had unusually heavy wear, this could be an instance of defective equipment as one possible contributing factor in the accident.

Police believe that the driver likely could not regain control of his vehicle, which traveled from the westbound lane across the eastbound lane and continued off the road, striking several trees. Sadly, the driver was pronounced dead at the scene.

According to police, Zhao's identity was released only after relatives living in China were notified of his death. Based on a preliminary investigation, police feel that the crash was a clear cut case of driver error combined with high speed and poor weather. Personnel at the scene found that the vehicle split into several large pieces upon impact with the trees, confirming their suspicions of speed being a factor.

Gaithersburg man killed in Frederick Co. crash, WTOP.com, October 19, 2009

A recent Court of Appeals ruling has determined that Maryland health insurance carriers do not necessarily have to cover the medical costs incurred by victims of car and truck accidents. As part of a class-action suit concluded on October 20, Maryland’s top court’s decision is based on a state law that requires automobile insurance companies to carry PIP (or personal injury protection) coverage for driver’s.

As a Maryland auto accident attorney, I understand the typically expensive medical costs associated with car and truck accidents. This is why I and my colleagues always recommend to anyone involved in an injury accident to contact a qualified accident lawyer to review his or her situation. This latest court ruling makes it more difficult for victims of traffic collisions to recover their medical costs following a hospital stay.

The Court of Appeals’ 6-1 decision is a setback for a class of injured motorists who claimed that MAMSI Life & Health Insurance Co. had an obligation to make good on policies requiring it to pay medical expenses, including those resulting from automobile accidents. Had MAMSI paid for beneficiaries’ medical costs, they could have used the insurance money under personal injury protection, or PIP, to cover other expenses, such as lost wages.

The class-action lawsuit began on Sept. 24, 2004, when lead plaintiff Kuei-I Wu sued MAMSI in Baltimore County Circuit Court for breach of contract and related claims, due to injuries incurred following a car accident three years earlier when she was a University of Maryland student.

On April 5, 2007, the circuit court certified as a class all owners of MAMSI health plans since Sept. 23, 2001, who had a car accident and whose PIP coverage was partially or fully exhausted before their treating physicians sought reimbursement from MAMSI, which subsequently had the case moved to U.S. District Court in Baltimore.

Wu claims she sought medical treatment under her MAMSI health policy, which contained a provision that called for coverage regardless of any other insurance she had, including PIP. Wu alleges the insurance company, in violation of the contract provision, required her treating physicians to seek reimbursement through the PIP first before turning to MAMSI.

But since the statutory issue has now been resolved in the company’s favor, the case will go back to the U.S. District Court in Baltimore for the narrower claim that MAMSI breached a provision in the policy contract requiring it to provide health coverage to injured motorists, regardless of the statute. The plaintiffs allege that, contrary to the policy contract, MAMSI’s separate contract with physicians required them to exhaust their driver’s auto insurance coverage before billing the company.

Continue reading " Maryland Auto Accident News: Health Insurance Not Obliged to Cover Crash Victims’ Medical Costs " »

Although there are many causes for car accidents, fatal or otherwise, one thing is for certain: speed is a contributing factor to the severity of any car crash or truck wreck. As Maryland automobile accident attorneys, Lebowitz & Mzhen, LLC are well versed in the area of wrongful death and personal injury suits. Our job would be a great deal less heartbreaking if accidents occurred at lower speeds. We can only hope that the new speed cameras being placed around the city will help to reduce the number of serious accidents.

According to news reports, the city's first speed enforcement cameras are now in operation. Designed to take photos of vehicles going through one of Northeast Baltimore’s busy intersections near City College, the cameras have been in operation since October 1. In the first week of operation, according to police, 50 warnings were mailed out to drivers who exceeding the 30mph limit by 12mph or more.

Police reviewed an additional 323 photos and videos that could also turn into violations. Police report that fastest car through that intersection was traveling southbound at 70mph on October 6 along the Alameda at 33rd Street.

Based on reports, during the first week the average violation speed for drivers going south on the Alameda was about 60mph. The average speeds heading in the opposite direction on East 33rd Street was lower, at just under 50mph.

Because speed cameras can't discern who is driving a vehicle, the citations issued are similar to parking tickets and don't carry points or insurance penalties. For the first month, police issued only warnings, however November 2 was the date that actual traffic tickets began to be issued.

Fines for speeding are $40 fines. From an economic standpoint, that’s a good deal for a driver going 70; the same driver pulled over by a flesh-and-blood police officer would receive a $160 ticket and three points assessed to his license. According to news articles, the city planned to have more than 50 speed cameras in place, most of them near school zones.

Baltimore County officials are putting up 15 speed cameras in school zones; other jurisdictions are considering doing the same.

Critics have long held that traffic enforcement cameras are just one more way for local governments to generate revenue; local officials insist the only goal is reducing speeding and the running of red lights.

Some good must be coming out of it. A recent study in Montgomery County, where speed cameras have been in use for two years, found that speeds in camera zones decreased, as did the number of tickets sent out. The study also found that accidents resulting in injuries and fatalities went down nearly 40 percent.

City's speed cameras going into action, BaltimoreSun.com, October 15, 2009

A 61-year-old woman was struck and killed recently in a pedestrian-car accident on Sudbrook Lane in Pikeville. According to reports, the local resident was walking eastbound along the westbound side of the road when an SUV reportedly hit her from behind just before three o’clock in the afternoon. Based on news reports, it seems that the vehicle had to cross over into the westbound lane in order to strike the pedestrian. Police reports show that the vehicle did not stop.

As Maryland personal injury and auto accident lawyers, our firm is able to represent victims and their families in situations such as this one. Based on the time of day, it is highly unlikely that conditions led to the SUV driver killing this person. Unless some sort of steering or tire failure occurred, the situation points more to driver inattention, or worse, a case of impaired driving.

According news reports, Baltimore County Police have charged a 39-year-old Lochearn man with the hit-and-run accident that killed Jessica Robins Jones on that October 12 afternoon. Investigators stated that the victim was walking eastbound on Sudbrook Lane near Glenback Avenue. Police also said that the driver, Lonnie Becoat III, never stopped. Jones was taken to Sinai Hospital where she later died.

Reportly, Becoat turned himself in the following morning at the Pikesville Precinct after seeing coverage of the story on the news. According to police, he told investigators that the vehicle he was driving belonged to his neighbor, from whom he borrowed it on Monday to go to the store.

Police had responded to the address given and found a 2005 Chevy Equinox with damage to the windshield and front driver’s side bumper and fender. Becoat allegedly told officers that he never saw Jones, and remembered something hitting the windshield. Police reports state that following the crash, Becoat returned the vehicle to his neighbor and told him that a tree branch had fallen and broken the windshield.

Police have charged the man with driving with a suspended license, failing to stop at the scene of an accident causing injury, and failing to render aid after being involved in an accident. At the time of the report, Becoat was being held at the Baltimore County Detention Center, in Towson, on $750,000 bond.

Lochearn man arrested in fatal hit-and-run, ExploreBaltimoreCounty.com, October 14, 2009

It took two years but finally justice has been served on a driver who hit and killed a Glen Burnie truck driver who was standing outside his vehicle on Interstate 79 in October 2007. Heidi Wise pleaded guilty to vehicular homicide while driving under the influence of prescription medication. As a Maryland personal injury and auto accident lawyer, my firm is able to represent victims and their families in situations very similar to this one.

According to news reports, the accident occurred as Wise was passing the disabled tractor trailer driven by Charles H. Payton Sr. The 50-year-old truck driver had just pulled his big rig off onto the eastbound ramp of Interstate 79 at the junction of I-79 and I-80 in Findley Township, PA. According to police, the local woman struck and killed Payton with her pickup truck after the man had gotten out of his truck, likely to check on its condition.

Although police initially determined that the woman was not drunk from alcohol consumption, later laboratory results showed she had five times the appropriate dosage of the anxiety medication Xanax, according to news reports. Courts records indicate that on the day of the accident the woman had picked up a prescription for the medication totaling 60 pills, however, when police conducted their investigation the bottle contained only 46 pills -- authorities maintain that there should have been least 58 or 59 pills.

Wise will be sentenced November 20 for Payton’s death. No reference was made to any pending civil suit as a result of the criminal court’s finding.

Driver guilty in trucker's death, HomeTownGlenBurnie.com, October 10, 2009

Police reported a fatal car wreck in Frederick Country, MD, recently that resulted in the death of a young motorist and injured four others in the victim’s vehicle as well as a second automobile. According to news reports, the crash occurred just after 7pm on October 5 when a 1989 Chevy Cavalier driven by 20-year-old Jimmy Hawkins of Damascus hit an oncoming vehicle at the top of a hill in Mt. Airy. The second car, a 1995 Chevrolet Corsica, was being driven by local resident James P. Valentine Jr., 51.

As Maryland car accident attorneys, Lebowitz & Mzhen, LLC understands the pain and suffering of the victims of such horrendous head-on accidents. In this instance, one of the two drivers died from injuries sustained in the collision, while four others were taken to a Baltimore hospital for treatment. The crash happened in the 4000 block of Bill Moxley Road, the Frederick County Sheriff’s Office said in a news release.

Such an accident can cause head, neck and spine injuries. And while the police were still determining the cause, there is a chance that it was the result of driver error. Depending on which vehicle crossed the centerline, a wrongful death suit could be pending. If defective equipment is to blame, then there may be some recourse for the victims.

According to news reports, the driver of the Cavalier died at the scene. He had two passengers, Ashley L. Caldwell, 19, and a 17-year-old male, both from Monrovia. Those two individuals were taken to the R Adams Cowley Shock Trauma Center in Baltimore. The Corsica driven by Mr. Valentine had a single passenger, Deborah A. Valentine, 47. Both occupants were transported to Baltimore Shock Trauma.

One killed, four injured in Frederick County crash, Herald-Mail.com, October 6, 2009