Maryland Car Accident Attorney Blog

In my Baltimore injury law office we often hear of accidents involving service vehicles. Taxi cabs, hire cars, limousines and shuttle busses can all be involved in traffic collisions. As passenger, you can be seriously injured in even the simplest automobile accidents. It doesn’t take much to cause an unbelted occupant of a motor vehicle to sustain broken bones, cuts and bruises and even debilitating injuries.

Every Maryland resident who rides as a passenger in a cab, bus or other type of fare-paying transportation should be aware of the potential problems associated with uninsured carriers. And even if you don’t travel in these potentially costly conveyances, you may have an elderly relative or friend who often uses one to get to and from the supermarket or other metropolitan location.

This is especially important because, as we all know, automobile accidents can happen anywhere, any time. People on a fixed budget will find uninsured cabs and hire cars particularly difficult to turn when they offer such low fares. But you must ask yourself the question, “Is it worth the possibly devastating medical or work-loss costs should you become a victim of that driver’s error or negligence?”

It is important to keep in mind that if you or a loved one becomes injured in a vehicle that is not properly insured, you may have a very difficult time recovering medical and other costs. Legitimate cab and hire car companies are more expensive for many reasons, but one good reason is that they carry the proper insurance. As a Maryland auto accident lawyer, I am well aware of the risks involved in riding with an uninsured or under-insured driver.

And while it may not seem so at the time, hailing a budget-priced cab or hire car could be financially irresponsible if that vehicle is involved in an accident with you riding inside.

Even supermarket managers and owners of grocery stores do not realize the liability that they could incur by allowing uninsured "courtesy drivers" to solicit their customers’ business. These so-called “hackers” operate illegally in part because they do not care to pay for commercial auto insurance, which the law requires.

Based on reports, 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 doesn’t always cover them if they injure a paying customer, especially if they are operating their vehicle without the knowledge of their insurance company.

The point here is you should always think twice when choosing paid transportation. At the time, it may seem penny wise to hail that cheap “hacker” cab rather than a legitimate, yet more expensive insured taxi. But that low fare may not be such a great deal if you are hurt or severely injured in a crash.

To some observers, it could be said that Maryland’s automobile manslaughter laws are not nearly as harsh as they should be for individuals convicted of killing another person as a result of a traffic wreck. While car and truck accidents happen all of the time, a percentage of these collisions are fatal. As a Baltimore auto accident lawyer, I and my colleagues have helped dozens of families deal with the tragic loss of a loved one due to another person’s negligence.

Wrongful death suits can be quite commonplace in instances of gross negligence on a driver’s part. Certain factors can make a vehicular manslaughter charge necessary, such as drinking and driving, excessive speed and aggressive driving, even distracted driving is getting the attention of some states as a cause of fatal passenger car and trucking-related collisions. Pedestrians killed by a motorist’s poor judgment are another group that is represented in the gruesome fatal traffic accident statistics.

A recent editorial brought home some of the heart-breaking details that illustrate typical facts surrounding these sad stories of loss and grief. One example of the seeming injustice of Maryland’s traffic laws was an incident where a driver only had to pay two traffic tickets after an accident that killed a gentleman and was allegedly caused by excessive speed, racing and off-road driving.

In another case, a Baltimore County couple lost their 15-year-old son when he died in front of their home having been hit by a van traveling at more than 60mph in a 30mph speed zone. In that instance, it was learned that the license of the 21-year-old driver had previously bee suspended three times for speeding in another state -- arguably more harsh than the punishment he received for the fatal accident he caused in Maryland.

High-speeds and poor judgment can result not only in broken bones and traumatic brain injuries; it can also lead to death or permanent disability. There is no easy way for a family to recover from the loss of a child, parent or bread-winner. Many times the loss hits families and affects the family members for years to come -- sometimes for their entire lives.

Some Maryland officials agree that there exists a major loophole in state law that separates instances of what some would call “ordinary negligence” and that of gross negligence. Some believe that the standard for proving gross negligence is impossibly high to meet here in Maryland, which would explain how many apparently grossly negligent drivers can essential snuff out a person’s life yet only be charged with a simple moving violation as a consequence of their actions.

Hopefully legislators will succeed in tightening up that gap for the sake of every family who has or will lose a loved one to a bad driver. Only time will tell if things change for Maryland residents.

The Ninth Ward: There's no excuse for Maryland's lax vehicular manslaughter laws, HometownAnnapolis.com, February 24, 2010

Drunk driving kills thousands of people every year across the U.S. and Maryland is no exception to this sad statistic. Whether you live in Annapolis, Baltimore, the District or Columbia, MD, every week it is possible to read another in the steady stream of news article covering fatal traffic accidents caused by motorists impaired by alcohol, prescription narcotics and illicit drugs. Most every Maryland injury attorney has represented his or her fair share of victims and their families following a tragic car or truck wreck.

A bill making its way through the Maryland legislature may help to reduce the number of injuries, such as broken bones, head trauma and spinal cord damage, caused by repeat drunk driving offenders. According to reports, two bills are part of the state’s Drunk Driving Elimination Act, which was created in an attempt to reduce the incidence of DUI across Maryland.

One of the bills would require every convicted drunk driving offender to have an ignition interlock installed in his or her vehicle, and to remain in use for a state-mandated period of time -- possibly three months. This potential law, which would affect even first-time DUI offenders, is similar to laws on the books in other states that require the use of ignition interlock devices for people responsible for automobile and trucking-related collisions.

Even though DUI car accidents can result in death and serious, debilitating injuries some groups are against certain portions of the legislation. Not surprisingly, this bill is being opposed by the Alcohol Beverage Institute, which would prefer to have the bill be worded so that only repeat offenders or those individuals facing additional violations are required to have the interlock device attached to their vehicles.

Also going through the state legislature is another bill that would eliminate the right of a motorist to refuse a breath test when pulled over for suspicion of DUI -- or if that individual is a habitual offender. Framers of the bill are facing opposition from personal rights advocates who have a history of defending motorists’ right to lawfully refuse a breath test. Proponents of the second bill say that some defendants in drunken driving cases use their breath test refusal as part of a defense tactic, which can result in a civil penalty such as a license suspension as opposed to being subjected to a criminal trial for drunk driving.

Voicing a painful message: Don't drink and drive, HometownGlenburnie.com, February 27, 2010

Throughout Maryland and the Washington, D.C., area, even law enforcement professionals can find themselves the victims of bad drivers. As a Baltimore personal injury and auto accident lawyer, every month my office is contacted by individuals who have been hurt as a result of the negligence of another driver. This recent automobile crash involving a county police squad car is just another example of the frequent lack of responsibility exhibited by certain motorists.

According to Baltimore County Police, the department was at the time of the latest news report looking for the operator of a vehicle that struck and damaged a police car as well as injuring the patrolman at the scene. The hit-and-run accident happened on February 17 in the early morning hours in the Essex area. Fortunately, the crash did not result in serious injury to the officer.

Based on reports, the officer was driving eastbound on Eastern Boulevard near Chesapeake Park Plaza when a white man driving a dark-colored Honda passenger car attempted to execute a U-turn and ended up hitting the patrol car's rear passenger side. Because one of the officer’s tires blew out he was unable to pursue the suspect.

Following the traffic accident the officer was transported to Johns Hopkins Bayview Hospital where he was treated for apparently minor injuries when his head impacted the door frame of the patrol car, according to news reports.

Although investigators believe the accident itself was not intentional, at the time of the news article, police had not found the individual and were reportedly searching for a black 2006-2009 Honda Civic SI Coupe with a loud exhaust system. The nature of the accident likely caused considerable damage to the suspect’s vehicle. According to police the Honda probably sustained damage to its left-front bumper and headlight. The car may also have white paint on it from the officer's vehicle.

Driver Sought In Police Car Hit-And-Run, WBALTV.com, February 24, 2010

Being personal injury lawyers representing individuals in Maryland and Washington D.C., our office sees the sad results of car, truck and SUV accidents every month. Although many traffic collisions do not cause fatalities, these kinds of auto wrecks can produce serious and long-term injury to one or more passengers in a vehicle. Pedestrians as well can be affected by car and truck accidents in city centers.

Cuts and bruises are the most minor of injuries, but during high-speed collisions head, neck and spinal damage can easily be sustained by the occupants of a vehicle. While seatbelts and airbags do provide a fair amount of protection, severe and sometimes fatal injuries often do occur.

Tramatic Brain InjuriesHead injuries, many times referred to as traumatic brain injuries (TBI) are very commonplace in emergency rooms across Maryland and the rest of the U.S. More than a million people receive some kind of TBI every year as a result of a car, minivan, SUV or pickup truck crash. Traumatic brain injuries are usually caused by a blow to the head, quite uncommon in medium- to high-speed car or truck accidents. The impact from such a crash can cause a disruption of the brain's neurological functions, the severity of which can range from a mild concussion to severe brain damage, coma, or even death.

It’s a known fact that more than five million persons across the U.S. are living with disabilities caused by a TBI incident. The leading causes of these injuries include motor vehicle crashes, motorcycle or bicycle accidents, even slip-and-fall accidents. When such accidents occur due to another person’s negligence, this is cause for a possible legal suit.

Spinal Cord Injury
Car accidents can also result in serious back and neck injuries. Anyone who can walk away from a high-speed trucking accident or car crash can count themselves lucky, however it is possible to sustain a spinal cord injury in such accidents, the effects of which could remain with you for months or years to come.

The most common types of spinal cord injuries (also known as SCIs) are the compression type as well as the contusion type. A compression injury to a person’s back can cause excess pressure on the individual’s spinal column, including the flexible discs separating the individual vertebrae. A contusion type of injury can result in bruising of the spinal cord.

As with severe head trauma, a person suffering from these types of traumatic spinal injuries, caused by or resulting from another individual’s negligence, should consider seeking the services of a qualified legal professional. Because of the potential lingering effects of such spine-related injuries, no one should take themselves for granted. Your health is one of your most important assets, and you must protect yourself.

It is quite tragic when any person dies from a preventable accident. The sorrow and grief attached to an event such as a traffic collision or highway rollover accident can shock a family to its core. As a Maryland auto accident and personal injury lawyer, I have first-hand experience helping individuals and relatives recover from such a heartrending loss.

Whether you live in Frederick, Rockville Bowie or Hagerstown, the loss of a loved one from a car or truck wreck can leave deep wounds, both emotionally and financially. The pain can be even worse if that accident was found to be the result of another person’s negligence or thoughtless behavior. In cases such as this, it may be appropriate to file a wrongful death claim against the party that caused the accident in the first place.

Claims of this type give the family of the victim a chance to receive compensation for the loss of their loved one. While financial reparations can never substitute for the loss of love, companionship and intimacy after the death of a family member, the award for such a wrongful death claim can easy the suffering and help the family survive that huge loss.

It is must be repeated that the loss referred to here includes not only the deceased himself but also to the loss of the comfort, love and financial support that the individual would have provided to his family if the tragic event had not occurred in the first place.

Sadly, many automobile accidents do result in the death of one or more occupants. This can be dependent on the speed and road conditions at the time of the crash as well as the number of other vehicles involved. Variability of these factors can mean the difference between a simple fender-bender and a life-ending event, which can be caused by fatal head injuries or other effects. When another party is at fault, there is a chance that wrongful death is involved.

Please remember that the death of a loved one doesn’t 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.

Continue reading " Baltimore Traffic Accident Update: Fatal SUV and Car Crashes may Trigger Wrongful Death Law Suits " »

There probably isn’t a car or truck driver out there who hasn’t at one time or another experienced the effects of aggressive driving. Whether you travel Maryland’s highways for a living or commute to school or work in Annapolis, Columbia, Washington, D.C., or anywhere else for that matter, auto accident statistics point to aggressive and otherwise dangerous drivers as one of the most frequent causes of traffic accidents.

In fact, the American Automobile Association (AAA) stated last year that more than 55 percent of all fatal car, truck, SUV and minivan wrecks in the Maryland area (as well as across the nation) were caused by some kind of aggressive driving. These accidents more than likely resulted in numerous personal injuries and related claims.

As experts in the area of automobile accident and injury law, I and my colleagues have personally dealt with individuals caught up in the unfortunate aftermath caused by aggressive drivers, such as traumatic brain injuries and even death.

Drive anywhere in Maryland and you will likely see the actions of a small but dangerous minority of drivers operating their vehicles in what can only be described as belligerent and aggressive behavior. For the majority of careful and thoughtful motorists, these scofflaws can cause us more than a few headaches, literally.

According to the AAA Foundation for Traffic Safety, which has conducted numerous analyses of National Highway Traffic Safety Administration (NHTSA) statistical data, found in 2009 that one in every three fatal automobile accidents can be directly linked to excessive speed; one of the hallmark characteristics of an aggressive driver.

Sadly, society being as fast-paced as it is only contributes to the problem. While AAA produced a survey in 2009 that found eight out of 10 people polled said that aggressive driving is a serious traffic safety concern, the organization also learned that at least half of those surveyed said they exceeded the posted highway speed limit by 15 mph over the last 30 days.

While it is obvious that even the driving public at large needs some introspection on the subject, there are things most of us can do to help make our streets and highways safer. First is to identify aggressive driving and stay clear of that individual.

Some of the behaviors that accompany aggressive driving behavior include, ignoring red traffic signals and stop signs, blocking or otherwise preventing other drivers from legally passing, driving illegally on the shoulder of a roadway, failure to yield right of way, and speeding.

But be careful. Those well-intentioned motorists who have tried to counter the actions of aggressive drivers -- such as getting in front of the offender and slowing down -- can sometimes cause an escalation in that person’s anger level, which can lead to a dangerous confrontation. All in all, it’s better to simply report instances of blatantly aggressive driving to the local law enforcement agency and keep yourself and your family out of harm's way.

With all of the attention being focused on cell phones and other in-vehicle distractions one would think that bans on handheld cellphones and curbs on texting would at least contribute to a reduction in automobile and trucking accidents. As a Maryland injury lawyer in the Baltimore area, I too was surprised to hear the latest news from the Insurance Institute for Highway Safety (IIHS).

According to news articles, an IIHS Study has determined that cell phone bans have not reduced accidents even though hands-free usage is apparently up. Reportedly, the study looked at the data and came up with this unexpected revelation. Considering just the frequency of traffic accidents prior to and after enactment of laws that ban the use of handheld cellphones, researchers found that there was no discernable reduction in the number of automobile crashes.

The information for this report came from the Highway Loss Data Institute, a research organization funded by the insurance industry. The group reviewed the monthly collision rates for insurance claims for vehicles three years old or newer in the months prior to and after bans on handheld phone use went into effect.

The areas analyzed included New York (November 2001), Washington, D.C. (July 2004), Connecticut (October 2005), and California (July 2008). That data set was then compared with nearby areas that had no ban in place -- for instance, when researchers looked at D.C. they then compared those figures with statewide trends in Virginia and Maryland, and with the city of Baltimore.

Even with adjustments made for economic swings, seasonal changes in driving routines, and other variables, the researchers concluded that laws banning handheld cellphone use simply aren't reducing crashes. Although some might say that handheld use continues, which may be why the trend hasn’t shifted downward, the IIHS still holds to its conclusion.

According to reports, the IIHS has pretty much confirmed that handheld phone use is down in areas with bans in force, which would seem to preclude the argument that the bans simply aren’t working.

So even though large-scale studies by organizations such as the Virginia Tech Transportation Institute has found that drivers using handsets were at several times greater risk of a crash or near-crash when dialing and up to 23.2 times the risk when texting (for truck drivers), the IIHS results are at best confusing.

Continue reading " Maryland Auto Accident News: Insurance Institute Says Cell Phone Bans Don’t Reduce Traffic Wrecks " »

No matter where you live or work in Maryland, be it Owings Mills, The District, Annapolis or Columbia, car wrecks, pickup truck crashes and SUV rollovers can happen without notice. In fact, traffic accidents across the state injure hundreds of people every year. Some of those injuries and even a few deaths could likely have been prevented had the occupants been wearing their seatbelts.

As an experienced auto accident lawyer in the Baltimore area, my years of helping others recover from injury accidents have taught me that certain habits can save lives; others, however, can sadly contribute to the loss of life on our public streets and highways. One habit I’m always happy to see is when a person buckles that safety belt. It’s a small part of every driver’s daily ritual, but it’s a significant one.

Seatbelt use is usually pointed at as one of the top reasons why people survive automobile wrecks. There are many out there, I suspect, who feel that airbags and other safety devices do a better job, but that’s not necessarily true -- all of these systems work together to imporve passenger safety. As basic as they may seem, safety belts play a key role in protecting occupants in the case of severe traffic accidents, including head-on collisions, roll-over accidents and other potentially fatal crashes.

It makes little difference what type of vehicle you drive -- SUV, pickup truck, luxury sedan or economy passenger car -- wearing your seatbelt mean the difference between living through a bad car or truck accident and dying in one.

Every week, it’s possible to hear more than one news report that shows a crash survivor was using his or her seatbelt at the time of the collision. Similarly, one can also find instances where the lack of safety belt use most likely played a significant role in the death of a driver or passenger. At best, broken bones or traumatic brain injury have been known to occur when an un-belted person impacts a stationary object within the vehicle during a crash.

Rollover accidents in particular are very dramatic and can happen independently, or as a result of an initial collision. This kind of accident can cause serious bodily injuries including broken bones and lacerations, as well as head and spine trauma and internal injuries. Lack of seatbelt use in a rollover crash can be fatal since the occupants themselves become projectiles, occasionally be ejected from the vehicle altogether during the incident.

While it is true that many car and truck accidents cannot be avoided, being prepared for the worse by wearing your seatbelt is an easy way of increasing the odds in your favor -- odds that can often be stacked against automobile drivers and passengers in our fast-paced and many times highly distracted commuting environment.

Maryland automobile accident victims can have a hard time of it, not only in terms of recuperation from physical injuries but also when it comes to recovering damages. As a Baltimore injury attorney and car accident lawyer, I have represented dozens of victims and their families following devastating traffic wrecks. There is no amount of money that will bring back a loved one, nor replace a lost arm or leg, but that doesn’t mean that compensation should be lacking from the responsible parties.

Negligent passenger car drivers, not to mention commercial tractor-trailer operators, who cause serious accidents must be held accountable. Criminal courts can only do so much, which is why I always suggest that people consult a qualified injury lawyer in the event of a car, van or SUV accident.

Back in April of 2008, a three-car accident on Maryland’s Route 10 took the life of Kelly Stinchcomb’s son. Now, two years later, there may be movement some toward stiffer penalties for drivers who cause crashes such as the one that no doubt haunts her to this very day.

Based on news reports, 23-year-old Joseph Norfolk was driving down Route 10 in April 2008 when a Ford Contour ahead of him hit the brakes and stopped suddenly in front of Norfolk’s vehicle, which caused the man’s Escalade to slam into that vehicle. Norfolk's vehicle was then struck from behind by a flatbed truck.

Norfolk was reportedly killed when his SUV burst into flames. That truck driver, Jason Fisher, was just convicted in January of this year for reckless and negligent driving. The Contour's driver, Bobbi Steiner, was convicted of negligent driving. Both drivers were fined $500 each by the court and had three points added to their licenses.

What parents and family members like Ms. Stinchcomb feel is these minor fines are not enough. This is why the still grieving mother reportedly went in front of the Maryland Senate's Judicial Proceedings Committee in Annapolis last month -- to make her voice heard.

A bill was introduced that would mandate stiffer penalties for negligent and reckless driving when their actions lead to death or serious injury. Called the Joseph Norfolk Act, the proposed law would increase the maximum fine for both charges from $500 to $1,000. If convicted, the driver could also lose his or her license for up to 180 days.

According to reports, this bill was initially inspired by the June 2007 death of Cpl. Scott Wheeler of Millersville, a Howard County police officer who was struck by a passing car while on patrol duty.

Route 10 crash could change state law, HometownAnnapolis.com, February 22, 2010

A head-on traffic collision on U.S. Route 220 sent four people to the hospital in Allegany County near Cresaptown, Maryland. According to news reports, the wreck occurred just before 9am on a Tuesday morning during rush hour. Information from the Allegany County Bureau of Police indicated that a 24-year-old out-of-state man driving a 1998 Chevrolet Cavalier crossed the center line, striking an oncoming pickup truck in the southbound lane.

The Chevy driver, Christopher Stouffer, was injured in the accident along with his two passengers and another driver in a third vehicle. Head-on motor vehicle collisions can cause serious injuries, such as head, neck and brain trauma. In many cases, depending on the speeds involved, such a car crash can be fatal to both driver and passengers. In this case, all involved were lucky to have survived the wreck without sustaining life-threatening injuries.

Based on news reports the driver of the pickup truck, Aaron Brooke Gray of Cumberland, MD, lost control of his vehicle, which subsequently hit a 2003 Toyota sedan being driven northbound by 57-year-old Cynthia Erzkus, also of Cumberland. Some of the victims were temporarily trapped in their vehicles before rescue crews from the Bowling Green and Rawlings volunteer fire departments extricated them.

Each of the victims was then taken by separate ambulance to the Western Maryland Regional Medical Center that morning. Transport of the injured was handles by the Cresaptown Volunteer Fire Department, LaVale Rescue Squad and Cumberland Fire Department.

Stouffer, who resides in West Virginia, was charged by police with failure to drive right of center. He and two passengers were taken to the hospital by ambulance. Erzkus was taken to the hospital but her passenger was not injured. None of the injuries appeared to be life-threatening, police said.

Head-on U.S. 220 crash injures 4, Times-News.com, January 19, 2010

It’s not surprising that automobile accidents involving pedestrians can often be fatal, and at best sometimes inflicting serious bodily injury to the person on foot. Whether you are a walker, jogger or runner, you know the risks you take every time you cross a busy street. City’s like Baltimore, Annapolis and the District can be dangerous for individuals hoofing it for health or just to save a few dollars in parking fees or bus fare.

As a Maryland auto accident attorney, the emphasis on safety can never be too high. I and my colleagues have seen the result of too many terrible car-pedestrian crashes to feel any other way. It’s difficult to imagine no longer being able to walk with your spouse or push your grandchild in her stroller, but these realities are just a part of life for some victims of traffic accidents.

A recent editorial pointed out the seriousness of having clear and easy-to-use pedestrian walkways in a city. The complaint in this case involves Prince George's County's apparent failure to clear the county's pedestrian pathways following the recent bout of heavy snow and bad winter weather that has pummeled the East Coast. The result of this poor response according to the author? People, pedestrians, are being killed by trucks and automobiles.

Case in point, in mid-February a 32-year-old electrical engineer who worked for the U.S. Department of Agriculture and resided in Temple Hills, was hit by a car from behind and killed on the spot. The hit-and-run driver left the scene after hitting Asa Fukuhara as he walked the less than half-mile distance from his apartment to the Naylor Road Metro station. Why? Furukawa was walking on the street because the sidewalks were covered with snow.

The sad fact in this case is that Mr. Furukawa died not as the latest weather system dumped tons of snow on the city, but it was a full eight days after that latest storm. That storm provided a combined snowfall of more than 30 inches over the course of six days, which apparently broke every previous record.

Based on the editorial, by the time of Mr. Fukuhara’s untimely death, the federal government had been back in operation for six days and the Metro system had resumed normal operations at all stations and on all bus routes that same day.

The bottom line, as explained in the editorial, is that residents of the county should expect that pedestrian pathways be cleared within a reasonable timeframe. Failure to clear pedestrian and bicycle paths promptly in and around transit station areas, schools, bus stops, and other areas reflects what this writer termed an “overall pattern of disregarding the safety and comfort needs of citizens who either choose not to or are not able to travel in automobiles.”

Prince George's must ensure pedestrian and rider safety, GreaterGreaterWashington.org, February 22, 2010