Maryland Car Accident Attorney Blog

Bodily injuries suffered as a result of an automobile accident can range from minor cuts and bruises, to broken bones and closed-head injuries. The latter, also referred to as traumatic brain injuries, can spell serious trouble for victims of traffic collisions. Yet as scary as head trauma can be, the recovery can turn out to be quite amazing, according to some experts.

As a Baltimore car and truck accident lawyer and Maryland personal injury attorney, I and my colleagues have seen the aftermath of many car, truck and motorcycle wrecks, as well as the human toll. But as the story of U.S. Congresswoman Gabrielle Giffords has shown, the road to recovery from traumatic brain injury can be just this side of miraculous.

While it’s surely too early to tell -- according to medical professionals a patient’s progress in this area is best measured at the six- to 12-month mark following a closed-head injury -- Ms. Giffords progress shows that there is hope for many people who have suffered serious trauma to the brain.

According to a recent article, while recovery from closed-head injuries can be a long and uncertain road, patients can exhibit recoveries that are nothing short of amazing. Experts in this medical field urge caution and remind the public that traumatic brain injuries take many forms and lead to various outcomes.

Gunshot wounds to the head, as well as serious brain injuries caused by high-speed car and motorcycle crashes can result in extensive damage to the various parts of the brain controlling speech, motor control and memory. Recovery can take years, and start with a grueling routine of speech and physical therapies. Even the most simple tasks have to be relearned, such as getting dressed, eating and speaking again.

Still, it’s no secret that the brain itself has tremendous capacity to rebuild and renew damaged areas. Evidence from research with animals indicates that the brain has the ability to reorganize and regenerate, producing new synapses as it grows additional neurons and blood vessels.

Experts say that the process of recovering from traumatic brain injuries can take years, even after initial improvements. In fact, many victims continue to make progress as far as three to five years later. For Ms. Giffords, we can only wish her the best for a swift and full recovery.

Recovery from traumatic brain injury a long, uncertain road, BaltimoreSun.com, January 21, 2011

Statistics tend to bear this out, but it should come as little surprise that younger drivers have a higher incidence of traffic accidents than more mature drivers. This is not an indictment of young people or their driving habits, but is simply a matter of fact that most every insurance company knows, as evidenced by the typically higher policy premiums charged to families with drivers in their 20s.

As Baltimore auto accident lawyers and personal injury attorneys, I and my colleagues know how easily a traffic accident can take a person’s life. Car crashes, like commercial trucking accidents and motorcycle wrecks, happen with uncomfortable frequency throughout the state of Maryland and the Washington, D.C. area as well. One simply way of increasing one’s odds of surviving a serious car or truck collision is to wear a seatbelt. Combined with airbags, this can make walking away from a crash many times more likely.

Unfortunately, safety belt use is not always observed by young and old alike; but as fate doesn’t discriminate, these unbelted drivers and passengers run the risk of severe injuries such as broken bones, deep lacerations, internal injuries, spinal cord damage and closed head trauma. Not long ago a teenage girl died after the car in which she was riding went out of control and crashed into an oncoming vehicle.

According to police reports, 18-year-old Ashley Nicole Stewart was seated in the front passenger position of a Chevrolet Cobalt when the driver lost control. Based on news articles, 19-year-old Mark Buchanan was driving the Cobalt southbound along a stretch of Grier Nursery Road in Harford County, MD. The accident occurred around 1:30pm near Miller Road when for some reason the vehicle crossed over the centerline and then hit a 2001 Chevrolet truck head-on.

Neither Buchanan nor Stewart, both residents of Jerrettsville, were wearing their seatbelts, according to police. The force of the impact apparently trapped the young woman inside the vehicle until she could be extricated by emergency responders. Once rescued, she was Medevaced to the Maryland Shock Trauma Center in Baltimore, but died a short time later.

Buchanan and the driver of the pickup, 32-year-old Jorge Velazquez, reportedly survived the crash with non-life-threatening injuries. Velazquez was transported via ambulance to Upper Chesapeake Hospital for treatment of possible injuries.

Charges against Buchanan were pending review, according to the article, by the state's attorney's office. Buchanan reportedly was found guilty last November of speeding on Rte 165 after being cited for driving 73mph in a 40mph zone, this based on electronic court records stated in the news article.

Jarrettsville teen dies of injuries suffered in 2-vehicle accident, BaltimoreSun.com, February 16, 2011

Recent North Harford grad killed in crash, ExploreHarford.com, February 16, 2011

It’s a good bet that most people never consider the possibility of being injured while riding on public transit, yet traffic accidents involving city buses, commuter trains and taxi cabs occur every day across the country, in cities like Baltimore, Annapolis and even the District. Although safety measures are in place to help avoid injuries, collisions between buses, commercial trucks and passenger cars can and do happen with alarming frequency.

As a Maryland personal injury lawyer, I know that accidents involving buses, taxis and limousines can result in serious injuries, such as broken arms and legs, cracked collar bones and ribs, skull fractures and spinal injuries. Depending on the road conditions, a bus or taxi cab accident can even result in death -- fatal wrecks like these are the most heart-rending and regrettable accidents, since the victims usually have a fair expectation of safety when being transported by professionals.

Not long ago, a Hagerstown driver died when his pickup truck collided with a city bus along Interstate 70 near Big Pool, MD. According to Maryland State Police, 69-year-old Ray Linebaugh was apparently traveling westbound in his 2004 Dodge Ram when for some reason the vehicle veered into the median, crossing over into the eastbound lanes of I-70 and collided with a Megabus that was broken down on the roadside with mechanical problems.

The accident, which occurred late on a Monday morning, injured three people on the bus, including the driver. By the time police and emergency responders arrived on the scene, Linebaugh was already dead, killed by injuries he sustained in the crash. Based on police reports, the other victims suffered non-life-threatening injuries and were transported by ambulance to Hagerstown’s Meritus Medical Center.

Police were still investigating the accident at the time of the news report, however this type of accident can occasionally be caused by faulty steering equipment or failure of some other safety-related component on a passenger car. In this particular case, although the exact reasons were still unknown, the pickup truck reportedly hit the left side of the 2010 Van Hool commuter bus, which was loaded with nearly 20 people and headed to its ultimate destination of Washington, D.C.

Police could not name a specific cause for the crash, but did say that the Megabus was parked on the shoulder of the interstate waiting for another bus to arrive and take the passengers the rest of the way to D.C. a team of traffic accident investigators was expected to look into the reasons for the crash, and the body of the deceased pickup driver was scheduled for an autopsy by the Baltimore Medical Examiner’s Office.

UPDATE: Hagerstown man identified in Interstate 70 crash, TheRecordHerald.com, March 1, 2011

As most people might agree, intentional actions that result in injury to or death of another individual are certainly more heinous than those which occur as a result from a so-called accident or other outside influence. Still, anytime a person is killed or injured in an automobile or motorcycle accident, the party at fault should be held responsible for the collision, depending on the circumstances, of course.

As Maryland auto accident lawyers and personal injury attorneys, we know the extent that victims and their families must endure the consequences of a serious traffic collision. Regardless of the cause, the costs of such an event can be staggering to a family even of modest means, with the subsequent surgeries, rehabilitation time and possibly long-tern care. It’s only right that the responsible party be held accountable for that pain and suffering.

As many people know, these kinds of highway and urban crashes involve a range of vehicles, from small two-wheeled motorcycles to large and heavy 18-wheeled commercial trucks. Although it’s hard for most law-abiding and thoughtful people to imagine, some accidents are hardly that -- they are intentional in the eyes of the law.

Based on news reports, Calvert County police believe that a Christmas Day car crash in the Chesapeake Beach area was allegedly caused on purpose by a Maryland man who intentionally struck another car severely injuring two other persons. According to police reports, the incident took place just after 4pm along a stretch of Rte 261 when a Chevy pickup driven by 24-year-old Stephen M. Stanley hit a Ford SUV from behind as that truck was entered the northbound lanes of the roadway.

Stanley, a resident of Lusby, MD, allegedly struck the 2003 Ford Explorer being driven by 17-year-old male, whose was being accompanied by a family member, 50-year-old Becky Olynik, both Chesapeake Beach residents. The force of which the collision apparently caused the Ford to go out of control; the resulting crash caused both occupants to be ejected from the vehicle, according to news reports.

The two victims were attended to at the scene by emergency personnel from local fire departments including North Beach and Prince Frederick. They were both taken to Prince George's Shock Trauma facility for treatment of their various injuries. Although the young man was released within days, at the time of the article, the older woman was still in the hospital with what officials said were rather severe injuries.

The Calvert County authorities stated that they believed the crash was intentionally caused by Stanley, who police say was allegedly driving while under the influence at the time of the collision. As a result, police charged the man with two counts of first-degree assault, DUI and reckless driving, among others. According to reports, Stanley reportedly had two outstanding arrest warrants from the Maryland DNR.

Assault charges filed in accident, SoMDNews.com, December 29, 2010

Any driver who knowingly gets behind the wheel of a motor vehicle -- be it a passenger car, shuttle bus, or semi tractor-trailer rig -- and operates that vehicle under the influence of alcohol, prescription drugs, or illegal substances is taking not only risking their own life and that of their passengers, but also is putting the lives of other motorists in jeopardy as well.

Being auto accident attorneys here in Baltimore, as well as personal injury lawyers for Maryland and the District, we understand the frustration, pain and anger that victims of car accidents and their families feel following a senseless traffic collision. As citizens and drivers, we all have a responsibility to operate our family cars, motorcycles, company vehicles and commercial trucks in a safe and legal manner -- if not for ourselves and the safety of our family, at least for those innocent occupants in other vehicles.

According to news reports, a Washington, D.C., driver was convicted in connection with a fatal automobile crash last year, which killed a 37-year-old Mary Wimbush and injured the woman’s four children. Based on court reports, a D.C. jury heard the case in which 35-year-old Ajene Jones said he remembered buying PCP-laced cigarettes on April 19, 2010, before getting into his Dodge Ram truck and heading south along a stretch of Alabama Avenue SE.

Police reports showed that the man apparently veered across the centerline and into the path of Wimbush's oncoming Toyota Camry. Jones reportedly told the court that the next thing he remembered was regaining consciousness in the rear of ambulance. Based on news reports, local prosecutors said that the man was high on that illicit drug when his vehicle collided with the woman’s sedan.

Court records showed that Jones’ truck was going 52mph in a 25mph speed zone. The resulting collision caused Wimbush’s Toyota to spin 180 degrees; apparently the vehicle was so badly damaged that it took emergency responders almost an hour to cut the woman out of the car. She died as a result of the violent crash, while her children all suffered non-life-threatening injuries.

Court records indicate that Jones was convicted on a single count of vehicular manslaughter, as well as two counts of aggravated assault. That conviction came as a result of an Alford plea -- meaning the defendant did not admit to any guilt, while at the same time acknowledging that the state had sufficient evidence to convict him.

Continue reading " Maryland Car Accident News: Driver Convicted in Fatal Drug-related Auto Wreck in D.C. " »

Read almost any news story covering a serious rollover accident in Maryland or Washington, D.C., and you will likely learn about a victim who was killed or critically injured as a result of the traffic accident. Drivers who attempt maneuvers at high speeds in a sport utility vehicle or family minivan can sometimes find themselves out of control and possibly flipping the vehicle on its side.

A rollover car, truck or bus crash can cause terrible bodily harm to driver and passengers alike. In cases where passenger restraint devices fail to hold the occupants in place, head and neck injuries can easily result; traumatic brain injury is just one of a number of life-threatening outcomes of these rollover-type car or truck accidents.

As Maryland personal injury lawyers, I and my legal staff have been trained to help victims of car, truck and motorcycle collisions. Sadly, many rollover incidents can be fatal, and not only because of the injuries sustained when an occupant impacts the hard interior surfaces of the vehicle.

Many rollovers can cause one or more occupants to be ejected from the vehicle and onto the roadway. In fact, it is well known that drivers and passengers alike in greater danger of being killed or seriously injured if they are thrown from a vehicle during a crash. The National Highway Traffic Safety Administration (NHTSA) has conducted studies that show vehicle occupants who experience partial or complete ejection from a passenger vehicle are three-times more likely to be killed as those who remain inside the car or truck.

The NHTSA has maintained over the years that seatbelt use is one of the primary ways that a passenger can avoid being ejected from a vehicle involved in a traffic accident. Even so, it was announced not long ago that the federal government has instituted a new law requiring car makers to develop additional countermeasures to help prevent unbelted adult passengers from being thrown from a car or SUV during a crash, according to news reports.

Going into effect in 2013, the new ruling will require every new car or truck under 10,000 lbs to be equipped with this anti-ejection countermeasures by 2018. What this means is that in less than eight years every new vehicle must be able to prevent an unbelted adult passenger from moving any further than 4 inches beyond a vehicle’s side window opening during a traffic accident.

Continue reading " Maryland Rollover Accident Update: New NHTSA Rule Looks to Reduce Occupants Ejected During Automobile Crashes " »

With millions of miles of expressways, highways, rural roads and cities streets crisscrossing the U.S. it should come as no surprise that not every one of these public thoroughfares has been engineered correctly. While most high-speed roadways are correctly designed, many secondary roads leave much to be desired when it comes to convenience and even outright safety.

As Baltimore personal injury attorneys and auto accident lawyers, we have seen the aftermath of enough car, commercial truck and motorcycle crashes to make the average person cringe at the thought of a loved one being involved in such collisions. Yet traffic wrecks -- whether single- or multi-vehicle crashes -- do happen on a daily basis here in Maryland.

It could be said that many motor vehicle collisions occur as a result of another driver’s negligence. But other factors can come into play, which sometimes make it difficult to attach blame to any one party, until further investigation is conducted. Defective vehicle equipment is one such cause of injury accidents and fatal traffic wrecks.

Sometimes, a poorly designed roadway can be a contributing factor in automobile and commercial truck accidents. Add bad weather into the equation, such as the snow and ice that the East Coast has seen this winter, and you can have a deadly combination facing motorists during their daily commutes. A short time ago, two people died along a stretch of Canal Rd in an early-morning car crash near Foxhall Rd.

According to news reports, one of the vehicles involved in the accident apparently skidded when it hit a patch of ice. The driver of the vehicle reportedly lost control of the car as it crossed the centerline and hit a pickup truck coming in the opposite direction. The occupants of the vehicle that went out of control both died, according to Washington, D.C. Police.

According to those who know the area, Canal is a major thoroughfare for drivers heading into or out of the District during the morning and evening commutes. Sadly, the crash may have turned out differently if it had been later in the morning -- at 6:45am that stretch of road changes to eastbound only traffic.

Fatal accident closes Canal Rd., WashingtonPost.com, January 14, 2011

A sad fact is that traffic accidents involving pedestrians and motor vehicles hardly ever turn out well for the person on foot. When a man or woman is walking across the street and is struck by the full force of a vehicle traveling 25mph or more, the physical injuries can be quite extensive and also quite fatal. Even if an individual is only knocked over, just hitting one’s head on a hard concrete or asphalt roadway can cause brain trauma and possibly death.

Fractures, broken bones and lacerations are just some of the serious injuries that can happen when a pedestrian is hit by a car, motorcycle or commercial delivery truck. Internal injuries, neck and spinal cord damage, not to mention traumatic head injuries are only a few of the conditions that can result from such a crash.

As Maryland auto accident lawyers and Washington, D.C. personal injury attorneys, we understand the extent of bodily harm that can come to a person in such violent traffic accidents. Still, when an individual is injured or killed by a motorist, it isn’t always easy to prove negligence on the part of the driver.

Last month a man was acquitted in the case of a fatal pedestrian accident that happened in the District last November. Following a Sunday fundraising walk, 76-year-old Richard Greenstein and his wife were headed back to their vehicle near Madison and 12th streets NW when they were struck by a motorist attempting to back into a parking space.

According to news reports, 35-year-old Kevin Bucy had left his wife and four kids back at the Smithsonian's Natural History Museum, traveling on foot about a half hour to retrieve the family’s minivan so he could pick them up and spare them the 30-minute walk.

As Greenstein and his 73-year-old wife were stepping into a crosswalk on Madison Street, Bucy's minivan hit them. As a result of the impact, Greenstein reportedly died from a skull fracture and severe brain injury, while his wife was only slightly injured. Based on news reports, Bucy was found not guilty of negligent homicide in a D.C. courtroom. Had he been convicted, he could have gone to jail for five years.

Continue reading " Mount Airy, Maryland, Man Found Not Guilty of Negligent Homicide in Fatal D.C. Pedestrian Accident " »

The law requires passenger car drivers and commercial truckers, among others, to be properly licensed by the state. This is not just a way for Maryland and other states to create an income stream, it’s done to make public roads safe for all people. When a driver operates a motor vehicle on a suspended license, not only is he or she is breaking the law, that person could be endangering the safety of the road-going public.

The sad thing is that the same people who break the law and are punished by having their driver’s license suspended many times go right back driving illegally on the road. Every year, residents of Maryland and other states are injured or killed by people driving illegally on a suspended license, or no license at all.

As Baltimore car accident lawyers and personal injury attorneys, we have seen the outcome of terrible highway wrecks and serious automobile collisions caused by unlicensed and unfit drivers. Fatal traffic accidents occur every day, but those that are caused by another person’s negligence can result in a wrongful death lawsuit being filed against an individual.

Not long ago, a Maryland mother, father and the couple’s two twin babies were injured in an accident caused by a taxi cab driver whose operator’s license was currently under suspension. According to news reports, 21-year-old Patricia Machuca sustained deep cuts and bruises following a near fatal multi-car and pedestrian accident out-of-state.

The crash occurred in Manhattan as Machuca, her husband and their two children were headed back to their home in Baltimore following a family reunion. Police reports indicate that the driver of a livery cab ran a red signal and struck a minivan. That vehicle in turn struck a third vehicle that then hit the Machuca family, injuring not only the woman and her husband, but also hurting the two nine-month-old babies who were being walked in a stroller on the sidewalk.

News reports following the traffic accident showed that the livery car driver was operating his vehicle under a suspended license. According to news articles at the time, both the mother and father were still recovering from their injuries and could not work. Meanwhile, one of the two infants was still hospitalized with head injuries resulting from the crash. The cabbie, Gregorio Patino, 57, was charged with several traffic-related offenses including driving on a suspended license, speeding, and reckless driving.

Mother of Twins Struck by Cabbie Breaks Silence on Horrific Crash, NBCNewYork.com, January 6, 2011

Accidents happen is the phrase many people use when it comes to auto accident, trucking crashes and motorcycle wrecks. But for a person to die in a non-traffic-related car fire, now that’s a real tragedy. As Baltimore injury accident lawyers representing victims who have been hurt or killed as a result of another person’s negligence, we have seen our share of pain and suffering.

Over the past year or so, car companies such as Toyota, General Motors and Ford have been plagued by numerous safety recalls. Many of these recalls have been initiated by the government following fatal accidents that have taken the lives of many innocent people. Elderly drivers, parents and children, even experienced police officers have died in what some people have said were accidents caused by defective or poorly-designed vehicle components or systems.

In cases involving defective equipment, a products liability suit may be indicated. Depending on the source of the defect, one or more parties may be named as defendants in the suit. For automobiles, a part can be designed by the auto company, but manufactured by a second or third tier supplier.

Last month a sad story came to our attention of a mother of three who died in her family vehicle at home when the car caught fire and burned in the Washington, D.C. area. According to news reports, 37-year-old Ashley Westbrook Turton, was the wife of a senior White House advisor. The incident that took her life occurred on a Tuesday morning in early January.

Based on news articles, Turton's vehicle was parked mostly inside the family’s garage when reportedly caught fire. According to a D.C. Fire and EMS spokesman, most of the fire was contained to the garage area, however the cause was still under investigation at the time of the article.

Some reports suggest that the fire resulted from what sources said was a slow-speed collision, since there were no apparent skid marks. A neighbor who was interviewed said that the car burst into flames as it was backing out of the driveway behind the family’s home. Reports indicated that the woman was on her way to the airport to catch an early morning flight when the accident occurred around 5am. No one else in the home was hurt as a result.

Lobbyist, mother of three dies in D.C. car fire, WTOP.com, January 10, 2011

If you’re a Maryland driver, chances are you can count yourself among the tens of thousands of motorists who wear their safety belts regularly to reduce injury in the event of a traffic accident when traveling in their car, light truck, SUV or minivan. As Baltimore auto accident lawyers and personal injury attorneys, we are heartened to hear this and reminded that seat belts are one of the most important pieces of safety equipment found in motor vehicles.

Of course, air bags and other crash avoidance and mitigation technologies play large roles themselves in helping the occupants of cars and trucks better survive a serious passenger car or trucking traffic accident. Ask almost anyone who has lived through a multiple-vehicle collision or single car crash and you will probably find that he or she was wearing their seat belt at the time.

According to the Centers for Disease Control and Prevention, Maryland is one of the top-ten states in seatbelt usage. We rank ninth in the nation, says the CDC, when motorists were polled on whether or not they always use their safety belts. In fact, 89.6 percent of Maryland's residents said they always use their seatbelt. This is a mere four percentage points away from first-ranked Oregon. And, residents in Washington, D.C., even scored higher at 93.7 percent, based on the CDC survey.

In some ways this should not be too surprising, since Maryland has what is called a “primary-enforcement” seat belt law. In simple terms, our seatbelt law permits police officers to pull a motorist over purely on the basis of the driver not wearing his or her seatbelt. Many states have secondary seatbelt laws, but in most states the patrolman cannot stop a motorist unless there has been another traffic violation.

Currently, Maryland law only provides for a $25 fine and no points for violation of the seatbelt usage law. However, some traffic safety advocates are looking to toughen penalties in legislative sessions later this year. In fact, the Maryland Highway Safety Foundation believes that there is a small percentage of drivers who insist on operating their vehicle with wearing a seatbelt. This has been called an "unacceptable" situation by some and the foundation may be pressing for stricter penalties to encourage more use and close the albeit small gap.

As expected, the CDC survey found that seatbelt compliance was much higher states with primary enforcement (more than 88 percent) than in states that have secondary enforcement laws on the books. In those states, just under 80 percent of respondents said that they always wore safety belts. The lowest compliance rates were apparently in North and South Dakota, where usage was under 60 percent.

Maryland ranks 9th in seat belt use, CDC says, BaltimoreSun.com, January 4, 2011

While passenger car drivers can certainly be seriously hurt or even killed as a result of a highway collision with a large commercial truck or bus, the drivers and occupants of those heavier motor vehicles can also be subject to severe or fatal injury. As Baltimore auto accident attorneys and Maryland personal injury lawyers, our job is to represent the victims of accidents who have experienced pain and suffering due to another individual’s negligent actions.

In cases where a traffic accident results in death, there may be sufficient evidence to support a wrongful death lawsuit against the other driver. Certainly, when a motorist causes an injury accident, there are instances where the victims may wish to recover some of all of the costs associated with the medical treatment and rehabilitation following such an accident.

Earlier last month, a Georgetown man crashed his vehicle head-on into an 18-wheel tractor-trailer rig along a stretch of Rte 9 on a Tuesday morning. According to news reports, 50-year-old Richard Baker was traveling west on Rte 9 when for some reason the man’s minivan crossed over the centerline, running head-on into a semi driven by a Baltimore trucker.

State police reports indicated that the two-vehicle accident occurred just after 11am when Baker’s Chrysler minivan hit the eastbound commercial truck. Although police were still investigating the crash at the time of the news item, this kind of accident can many times be attributed to driver error. However, defective vehicle equipment such as a broken steering tie-rod or blown-out tire could have caused the driver of the passenger vehicle to lose control and veer into the oncoming lane.

In this instance the force of the crash caused a fire to start in the minivan, which then apparently spread to the semi tractor. When police arrived at the site of the collision, they were able to pull Baker from the burning wreckage, but all attempts to revive the motorist failed and he passed away at the scene from the extent of his injuries.

The truck, George Cherrey, 50, from the Baltimore area, was treated at the scene by emergency personnel for apparently minor injuries. He was subsequently transported to Beebe Medical Center for further medical attention and was not long after released from the hospital. According to police and news reports, the extent of the accident and investigation that followed resulted in closure of the highway for nearly three hours.

UPDATE: Name released in fatal Route 9 accident, DelmarvaNow.com, January 11, 2011