Maryland Car Accident Attorney Blog

Additional recalls have been announced by several of the large automobile manufacturers; Ford, Chrysler and Toyota. The most recent safety recalls include 33,700 small commercial vans made by Ford Motor Company and are due to the vehicle’s headliner not being able to meet all required safety parameters specified for occupant head protection.

As Maryland automobile accident attorneys, we have experience in recall-related injury claims in the Baltimore, MD, and Washington, D.C. areas. The Ford recall is just one of numerous safety-related recalls that can affect the ability of a vehicle occupant to survive a serious car or truck crash. According to reports, the National Highway Traffic Safety Administration (NHTSA) says that the Ford defect increases the risk of injury to the driver or passengers in the event of a traffic accident.

Ford reportedly advised its dealers to stop delivery of its Transit Connect model, which include vans produced between December 2008 and May 2010. The hold on deliveries would supposedly be in force until a suitable revision of the vehicle’s headliner design could be produced and installed on those vehicles.

In addition to the Ford recall, Chrysler reportedly recalled as many as 22,000 vehicles, including certain versions of the 2010 Jeep Wrangler and Liberty SUVs, Ram 1500 pickup trucks, and Dodge Nitro models all manufactured between April and May of this year. The vehicles, according to reports, could have been built using incorrect brake lines, which reportedly could result in brake fluid leaks with potentially disastrous results.

A set of recalls, this time from automotive giant Toyota, involves thousands of Lexus models which may have been assembled using faulty engine valve springs. According to reports, the defective valve springs could result in a vehicle stalling while traveling on the road. This particular problem reportedly affected cars made between July 2005 and August 2008. According to the Reuters news service, Toyota has known about the problem for three years.

The second Toyota recall affects 17,000 Lexus hybrid models. NHTSA testing apparently detected a potentially dangerous condition that could cause gasoline to spill from the vehicle during a rear end collision. Toyota reportedly was trying to replicate the agency’s findings with tests of its own.

Since October, Toyota has recalled nearly nine million vehicles for a range of defective equipment issues, including sticking accelerator pedals, brake system problems, poorly-fitting interior floormats, and sudden unintended acceleration issues. According to news reports, more than 200 personal injury and wrongful death lawsuits have been filed against Toyota claiming that the company’s products caused the injuries and fatalities.

Ford Motor, Chrysler recall vehicles, Reuters.com, July 9, 2010

Latest Toyota recall based on three-year-old reports, FoxNews.com, July 7, 2010

17,000 Lexus luxury hybrid, Associated Press/Google.com, June 25, 2010

Being a Maryland personal injury lawyer and automobile accident attorney practicing in the Baltimore area, my firm has the experience and skill to represent individuals hurt as a result of another driver’s negligence. We also help families of victims killed in motorcycle crashes, passenger car wrecks, or commercial truck accidents. It goes without saying that fatal pedestrian accidents can be quite disturbing for the victims’ families.

While there are many factors to consider in every automobile accident case, it is important to remember that as drivers, we all have a responsibility to be observant when it comes to watching out for pedestrians. Certainly, when a person uses a designated crosswalk, there is a relative expectation of safety for the individuals crossing the roadway. Pedestrian accidents can and do happen with sometimes tragic results.

But every case is different, which is why we rely on police reports, eye witness testimony and other knowledgeable sources. A recent traffic accident shows what can happen under all the wrong circumstances. According to news reports, a 41-year-old Rosedale, MD, resident was unexpectedly killed along Interstate 695 when he was struck by a passing vehicle.

Police reports showed that Alvarino D. Vigil was apparently trying to walk back to his residence somewhere off the expressway after leaving his disabled vehicle on the shoulder of the interstate, near the I-95 interchange. Police believe Vigil was struck by the other vehicle as he was trying to cross the merging lane from I-95, police said.

The report coming out of the Maryland State Police headquarters stated that the driver of the vehicle that struck Vigil suffered only minor injuries. She was transported to Franklin Square Hospital where she was treated and subsequently released.

Although the accident was still under investigation at the time of the news article, police investigators believe that the accident was not a result of speed or alcohol, but likely due to pedestrian error.

Man Hit, Killed By Car On Beltway, WBLTV.com, June 29, 2010

When it comes to automobile, truck and motorcycle accidents, negligence comes in many different forms. Whether a minor fender-bender or a full-blown fatal traffic collision, the responsible party should be held accountable for his or her actions. For those individuals who have caused the death of another person, no excuse should be acceptable; not to the family of the victims, nor to local law enforcement.

Drunk driving is certainly one of the more common causes of car crashes in the Baltimore area and elsewhere across our state. It’s a shame that so many people die every year due to abuse of alcohol. As Maryland car accident attorneys, I and my colleagues consider the pain and suffering of the families of victims, not to mention the costs and lost income caused by a bad automobile wreck.

A sad story caught our attention the other day involving a retired Maryland couple who died in a pointless out-of-state car crash. According to the news article, 56-year-old Thomas Cypress was charged with DUI manslaughter for the February 2009 crash that claimed the lives of Robert and Paulette Kirkpatrick. Following his trial in a Miami-Dade courtroom, Cypress was sentenced to 12 years in prison -- a negotiated deal that spared the man a possible maximum 30-year sentence.

Courtroom testimony indicated that Cypress' blood-alcohol level was triple the legal limit in February 2009 when he veered his truck into the opposing lane hitting the Kirkpatrick’s rental car head-on. According to news reports the couple, who were also grandparents to several young children, was in the area for an art show and vacation.

Police said that Cypress was driving on a suspended driver’s license (a result of a previous drunken driving charge). Prior to that, he had been arrested by police on two separate occasions for DWI.

Once his 12-year sentence is up, Cypress will be required to go into an alcohol rehabilitation program, serving 10 additional years of probation and agree never to drive a motor vehicle again. Apparently as part of the deal, Cypress must pay $120,000 to the Kirkpatricks’ family in order to fund a scholarship in the victims' names. According to reports, the survivors signed off on the deal.

Deadly driver Thomas Cypress sentenced to 12 years, MiamiHerald.com, July 1, 2010

Apparently one needn’t be driving, riding in or even remotely thinking about operating a motor vehicle to be involved in a traffic accident. As a Baltimore automobile accident and injury lawyer, I have heard about some rather interesting car collisions in my time. From single-car wrecks and auto-pedestrian collisions to multiple-vehicle crashes and commercial trucking accidents, Maryland residents are hurt or killed on a surprisingly regular basis on and near our public roadways.

In what could be described as an automobile-restaurant collision, three individuals where hurt and a commercial eatery put temporarily out of business when a motorist apparently lost control of her sport utility vehicle in the Chestnut Hill Shopping Center parking lot and drove straight into the front of a local Vietnamese restaurant in Beltsville, MD.

News reports indicated that a number of customers and restaurant staff were inside the PHO 88 restaurant around half past noon when woman drove her Honda Pilot through the brick and glass storefront of the eatery. According to police reports, three male patrons, reportedly in their 30s, received minor injuries in the crash. The two ladies in the Honda were not injured, according to authorities.

Emergency crews from Prince George's County Fire and EMS responded to the scene following the accident. Responders rendered first aid to the injured men and then transported them to a local hospital for additional treatment and observation. The restaurant itself reportedly sustained significant damage and the local building inspector declared it uninhabitable until the damage could be repaired.

3 injured when car hits restaurant, WashingtonPost.com, June 25, 2010

As parents will no doubt attest, teenagers can be easily distracted by a wide range of external stimuli. While this may be amusing to some, and a frustration to their parents and teachers, it is serious business once these kids start to driver motor vehicles. Driver’s education can only go so far to warn these future drivers to be aware of potential and deadly distractions on the road. But apparently much more needs to be done, as recently released government data suggests.

As a Maryland and D.C. auto accident attorney, I understand the myriad of ways that a driver can become distracted on the road, the result of which is many times a traffic accident. New and inexperienced drivers can be especially susceptible to having their concentration diverted. In some cases, and more often than any parent of a teenage driver would like to think about, fatalities can result. In short, distracted driving may be killing more American teenagers than ever before.

According to U.S. Government data, more than 4,000 teenagers lose their lives in traffic accidents that are caused predominantly by "distracted driving." This includes distractions from having too many noisy occupants in the vehicle to talking on a cellphone while operating a passenger car. However, a new bill recently introduced by Congress may help in reducing this terrible trend.

According to estimates, of the more than 30,000 highway traffic deaths that happened in 2008 across the U.S., nearly 12 percent involved 15- to 20-year-old drivers. Records show that most of the deaths were a result of distracted driving. According to Allstate Insurance, the main cause of distracted-driving wrecks is cellphone use.

According to the insurance company’s statistics, texting while driving makes an accident 23 times more likely to happen. Just reaching for a cellphone as it is ringing means you are nine times more likely to have an accident versus normal driving. These two acts, according to the article, is similar to having four beers and driving.

The U.S. Department of Transportation says distracted driving is a critical problem, and has called it an epidemic in America because nearly every American -- including a lot of teenagers of driving age -- owns a cellphone and believes that he or she can safely “talk and drive.” Many experts believe it simply cannot be done at all.

Distracted Driving Killing More American Teens, VOANews.com, June 24, 2010

An alleged illegal immigrant has been charged with negligent driving in connection with a fatal traffic accident on I-83 last month. The single-vehicle crash, which reportedly involved speeding and alcohol use, happened in the early morning hours of June 21. The passenger in that car was killed as a result of the wreck.

As a Baltimore personal injury lawyer and auto accident attorney, my staff has represented victims of car, SUV and truck accidents as well as their families and estates. A fatal car or truck accident leaves a huge hole in the victim’s family, both emotionally and financially. Especially in cases where the victim was the sole breadwinner, his spouse and children can be overwhelmed by the medical costs and loss of income.

Insurance companies may not be very cooperative or take a long time to pay any benefits, leaving the family to cover the mounting expenses at the risk of losing their home and other possessions during what is likely the worst time of their lives.

A recent news report shows how a person can become a victim of a car crash caused in large part by the negligence of another individual. According to reports, 22-year-old Freddy Cortez Flores of Hyattsville was allegedly driving drunk on the morning that he lost control of his vehicle, killing his passenger, Carlos O. Cardoza Portillo, as a result.

Police reports indicate that Flores was driving north along I-83 near Guilford Ave. just before one in the morning. The driver apparently lost control of the car and swerved across the right-hand lanes causing the vehicle to strike the Jersey wall. Investigators believe that Cortez Flores was traveling about 65mph in a 40mph zone.

Portillo, who was wearing a safety belt at the time, was partially ejected following the impact with the wall. He was then dragged against the Jersey wall for nearly 600 feet before the vehicle came to a stop. The victim was pronounced dead at the scene.

Officers at the scene noted that Cortez Flores' speech was slurred and they also detected the distinctive smell of alcohol on the man’s breath, according to police reports. In a police interview conducted in Spanish, Cortez Flores said he had swerved to avoid an unknown vehicle that had swerved into his lane. He also admitted to police that he had consumed four beers prior to the accident -- his blood-alcohol level was measured at 0.09 percent.

Although Cortez Flores apparently had a valid Maryland driver's license, Police believe that he was in the U.S. illegally. Officers contacted the U.S. Department of Homeland Security, which placed an immigration detainer on the man.

Illegal immigrant charged in I-83 crash that killed passenger, BaltimoreSun.com, June 22, 2010

Getting over a serious traffic accident is no easy feat, and as a Maryland auto accident lawyer and personal injury attorney I know first-hand what people go through to recover from a car, truck or motorcycle crash. Being hit while in the relatively protected shell of a motor vehicle is usually much more preferable to being hit while on foot.

The human body is a wonder of biology and natural engineering, but our bodies where never meant to withstand the impact force of a 3,000-pound car, SUV or minivan traveling even as slow as 25 miles per hour. The injuries sustained by a person when confronted with a colliding vehicle can vary from amazingly slight to life-threateningly deadly. Broken bones, lacerations and traumatic head injuries number just a few of the resulting conditions after a car or truck crash.

Earlier this year a Baltimore woman was hit by a car while just outside of her own vehicle. According to a recent news article, that April 2 hit-and-run accident left 40-year-old Miki Scholtes with no income and hundreds of thousands of dollars in medical bills, since she did not have health insurance at the time of the crash. Three months later, she is still recovering, bound to a wheelchair with only the hope of walking again, while the driver of the car that injured her has yet to be located.

The accident, a tragedy by any measure, occurred on an April afternoon when Scholtes was packing up after her latest job on St. Albans Way. According to reports, the self-employed painter and home improvement contractor was about to head to her next appointment, opening the driver door of her vehicle when she was hit by a passing blue blue GMC pickup truck with Maryland tags.

The force of the impact bent back the side door of Scholtes' Ford Ranger and threw her about six feet into the air. In the process, her pelvis was reportedly snapped in half, and one of her femurs was broken in four places. A roofer working on a nearby building saw the event, but could not read the license plate number of the vehicle that hit the woman.

The news article stated that Scholtes was at the University of Maryland Shock Trauma Center and Maryland General Hospital for about a week, after which she started rehabilitation at University Specialty Hospital located in downtown Baltimore. Apparently unable to pay all of her bills, she reportedly plans to move into her parents’ home in Hillendale after she is released.

Friends and family have worked ceaselessly to help gather donations to cover Scholtes’ car payments and car insurance. Meanwhile, she is applying for Social Security assistance in paying her hospital bills.

Hit-and-run victim "has some really fantastic friends', ExploreBaltimoreCounty.com, June 22, 2010

Automobile injury accidents can be severe and cause tens of thousands of dollars in medical and related costs. It’s bad enough to be saddled with these costs without having them be caused by another driver’s negligence. As Maryland auto injury attorneys, my firm helps people who have suffered injuries from cuts and bruises to closed head injuries and spinal damage.

A recent news story showed what can happen when someone fails to consider the safety and wellbeing of others as a result of their own mistake. According to reports, six people were sent to the hospital following a car crash with a man running from the police in the early morning hours of July 4th. The chase began when a Maryland State Police trooper, already at the scene of a previous accident on Route 33, observed an oncoming being driven erratically.

The officer was sitting in his vehicle when he noticed the approaching vehicle obviously weaving and crossing the roadway centerline. Pulling away from the scene of the first collision, the trooper followed and then pulled over a Ford Explorer. While interviewing the SUV’s driver, the patrolman recognized the smell of alcohol on the driver’s breath. When the officer requested the man to exit his vehicle, the driver instead drove quickly away, nearly hitting the policeman in the process.

The 19-year-old driver, later identified as Armand J. Cornish, led the patrolman on a chase from Route 33 onto the Easton bypass and then onto Route 50 eastbound. Additional traffic enforcement patrols from the Easton Police Department and Talbot County Sheriff's Office were called to assist in the pursuit.

News accounts indicate that the chase continued along Route 50 at speeds exceeding 100 mph, during which police reportedly saw beer cans being thrown from the fleeing vehicle. Officers attempted to stop the suspect using stop sticks on the eastern side of the bridge in Cambridge. The man’s Explorer rolled over the stop sticks and seconds later hit the back end of an eastbound Mustang. Cornish then apparently lost control of his sport utility vehicle, which traveled across the median and then across the westbound lanes of Route 50. It came to rest on an adjacent pedestrian sidewalk.

Continue reading " Dorchester County Man Arrested for Drunken Driving-related Injury Accident on Maryland's Route 50 " »

A Maryland resident was arrested by police following an out-of-state traffic accident that left a local man severely injured in an allegedly alcohol-related auto-pedestrian accident. According to a news article, local police took 38-year-old Pamela Currie into custody after an early morning pedestrian accident that apparently resulted in serious injury to a man was only crossing the street.

As a Maryland injury lawyer, I and my colleagues hear of these types of traffic collisions numerous times each month. In this case, the accident appears to involve alcohol, which indicates that the driver was impaired at the time of the crash. Local police said that the crash happened at about 1:00 in the morning on a Thursday in front of a city hall.

While this was thankfully not a fatal traffic accident, the victim was nonetheless left with multiple injuries and will need time to recover. Based on news accounts, an eye witness said that the 46-year-old man was thrown about seven feet onto the pavement. He reportedly landed on his left side, with one of his shoes being found another 15 feet from where he landed. Police accident investigators reportedly found skid marks at the scene that indicated the driver was probably speeding at the time of the impact.

The injured man had to wait nearly 15 minutes before an ambulance service was able to attend to him. He was apparently treated at the scene and then taken to a local hospital for further treatment and observation.

According to news reports, Currie was operating her Nissan Xterra south along Washington just before the serious accident. Police indicated that a male passenger was also riding in the SUV. According to local reports, if police can determine that the passenger was sober when the crash occurred, then he could be fined for letting Currie drive an automobile while drunk.

It was apparently clear to police that the driver was intoxicated, since police reports show that Currie appeared to be inebriated when she exited her vehicle to take a field sobriety test. Investigators were still looking into the crash at the time of the report, however the driver was reportedly charged with aggravated assault by auto and refusal to submit to chemical blood-alcohol (BAC) test. Her vehicle was towed to a local municipal garage.

Update: Pedestrian Struck; Driver Arrested For DWI, HobokenPatch.com, June 3, 2010