Maryland Car Accident Attorney Blog

There may still be a debate as to whether “speed kills,” but one thing is for certain, the higher the speed the more severe an accident is likely to be. In this regard, speed does make for more deadly auto wrecks. And while automobile accidents are typically caused either by driver error or as a result of faulty or defective equipment, when high vehicle speed is added to the mix, serious injury and sometimes death can result.

While speeding in cities occurs, the speeds involved are not as high as those on rural roads, highways and expressways. High speeds can also contribute to roll-over accidents, especially with vehicles that have high centers of gravity, such as SUVs (sport utility vehicles) and minivans. In construction zones, car-pedestrian accidents can also be caused by excessive vheilce speed. Whatever the cause, speeding doesn’t help the situation.

Recent news indicates that the radar speed cameras in used around the Baltimore area are doing what they’re designed for. According to news articles, Maryland highway officials say nearly 8,800 citations were issued during the first six weeks of the state's speed camera enforcement program.

Back in November, State officials began photographing vehicles that exceeding the posted speed limit by 12mph or more on three separate stretches of highway marked as work zones. All citations resulting from the campaign included a $40 fine.

To give motorists proper warning, signs were apparently posted in many work zones, regardless of whether a camera was being used, which read, "Speed Photo Enforced: Work Zone.” According to news reports, the cameras were installed in a pair of white Jeeps that rotated among the three locations: Interstate 95 between White Marsh Boulevard and Interstate-895, around the Charles Street exit of Baltimore's Beltway and along the Intercounty Connector construction area on I-95 in Prince George's County.

8,800 speed camera citations issued in 6 week, HometownAnnapolis.com, January 18, 2010

It goes without saying that street racing has no place on public roads. Aggressive driving can and usually does result in injuries. For those who would argue the point, I suggest you buy a helmet, join a bona fide racing organization like the Sports Car Club of America (SCCA), and take your car on a closed course where proper car and spectator safety are in effect.

As an automobile accident attorney and personal injury lawyer, I read all too frequently of innocent motorists and pedestrians killed or injured by one or another case of aggressive driving. It makes little difference if it’s a so-called “planned” event like an illegal street racing meet, or if it’s a spur of the moment, road-rage incident, people can and do get hurt. A high-speed crash can cause broken bones, head and neck injuries, or even death. Spectators can also be killed by a driver’s mistake, which then invites possible vehicular homicide charges.

According to news reports, concrete barriers have been added to Interstate 70 in an effort to try and cut down on the amount of street racing incidents. This latest change followed a fatal car accident last year that claimed the lives of two spectators during one of many illegal speed events.

Police reports show that a Chevy Impala driven by Donniel Raeburn, 26, of Pikesville veered out of control striking and killing Mary Kathryn Abernathy, 21, and Jonathan Henderson, 20. Raeburn was recently arrested and currently faces two charges of negligent manslaughter by auto and negligent homicide by auto. If convicted, he could spend decades in prison.

Following that fatal July 2009 accident, the state’s highway authority made changes at the end of I-70 where much of the racing had been going on. Known as a street racing hot spot, there are now new lane markers indicating a narrowing of the roadway -- the tail of the interstate is now just a single lane.

Still, police say that street racing is nearly impossible to stop. In addition to last year’s two deaths, a similar accident two years ago in Prince George's County claimed eight other lives.

Eastern Baltimore Co. Man Charged In Fatal I-70 Crash Reporting, WJZ.com, January 18, 2010

Traffic safety is always a hot topic, but more so these days as drivers in Maryland and around the country have more and more distractions that conspire to take their attention away from the most important task at had, safely driving their vehicle in traffic. As a Baltimore auto accident attorney and injury lawyer, my firm represents drivers, passengers and pedestrians injured through the negligence of other motorists.

Car and truck crashes can result from numerous causes, from outside influences such as poorly maintained pavement or bad weather, to mechanical problems such as worn out steering components or bald tires, all the way to driver error. One subset of driver error would have to be self-imposed distractions, such as fiddling with the radio or talking on a cell phone.

It’s no secret that cell phones are more and more being singled out as potentially dangerous instruments in the hands of motorists in Baltimore, Annapolis, Washington, D.C., and elsewhere in our area. Because it is everyone’s responsibility to watch out for dangers on the roads, drivers and pedestrians alike should consider the growing threat that all mobile devices pose to public safety.

More and more we hear news stories about people killed or injured as a result of apparent inattention when out in public. Safety may not be a concern when listening to an iPod while seated in a restaurant or movie theater, but move out to the parking lot, intersection or highway and you have a recipe for disaster, if not all-out tragedy.

Case in point, the teenager who was killed by a train while walking along railroad tracks on her way to school. According to reports, the Baltimore-area teen was walking with a friend while listening to music using earphones. Her friend, who was not using earphones, heard the train coming and was able to get out of harm's way. But the girl listening to the music was not so lucky. She was pronounced dead at the scene.

You can be certain that this situation also occurs on a daily basis with drivers on public roads. While it is against the law to wear headphones while driving, many people do. What this means is that it is too easy for these “plugged-in” drivers to ignore the sirens of emergency vehicles and other audible warning signals. Sometimes, those cars almost cause an accident as the ambulance of fire engine must steer out of the driver’s way.

Traffic accidents can and do cause death and serious, long-term injury. It is only common sense that drivers recognize the dangers of shutting off that all-important sense of hearing and make a change for the better. Drive safe and look out for yourself and your passengers. The life you save may be your own.

Safety issues arise as drivers, pedestrians plug in, tune out, Fredericksburg.com, January 10, 2010

As a Baltimore auto injury attorney, I wouldn’t get too complacent just yet, but it’s heartening to read that our state received high marks for traffic safety recently. Fatalities and injuries from car crashes represent a fair percentage of our annual accident statistics here in Maryland. But according to a recent report, we can rest a bit easier knowing that we scored pretty high in the area of traffic safety.

According to news reports, Maryland is ranked among the top four states on a yearly “report card” put out by the group known as Advocates for Highway and Auto Safety (AHAS). According to the AHAS, the recently adopted anti-text-messaging legislation now in effect gave us a big boost in the rankings. This law alone could co a long way toward cutting the number of automobile crashes.

Maryland reportedly gets credit for adopting nearly 12 of the AHAS’s 15 “model laws,” which it recommends every state take on. Achieving a fourth-place ranking was apparently nothing to sneeze at since the group has raised its requirements year over year.

As a matter of fact, the number one ranked area in the AHAS’s report card was Washington, D.C., which was credited with adopting more than 13 of the model laws. South Dakota was at the bottom of the list with only three of the recommended laws on its books.

Of the 15 model laws listed by the AHAS, mandatory requirements for safety-related devices such as seatbelts, motorcycle helmets and child safety seats are some. Also included are laws applying to teen driving, distracted driving and drunken driving. An interesting fact: Back in 2001, only 10 states in the Union had 0.08 percent blood-alcohol limit on the books. By 2005, every state set 0.08 as the legal limit for drunk driving arrests.

Areas in which the group said Maryland fell short were its failure to set 16 as the minimum age for a learner's permit, although the state did raise that from 15 years about nine months ago; passenger and cell phone restrictions on teen drivers and an ignition interlock requirement for any motorist convicted of drunk driving.

Based on reports, Maryland’s adoption of a texting ban, as well as raising the minimum age for an unrestricted license to 18 year old, brought the state up from last year’s number 18 ranking to fourth this year.

Maryland ranks high on safety report card, BaltimoreSun.com, January 12, 2010

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

To be sure, the beautiful fall colors bring everyone out to the country. But fall also is a time for increased deer collisions. Dangerous? You bet. More than one car or truck accident has been caused by deer randomly crossing Maryland’s roads. Trying to avoid a deer on the highway can also have unintended consequences, such as vehicle rollovers or hitting another vehicle. In such cases, serious injury or even death can result.

As Maryland automobile accident attorneys, we know the damage a 400-pound buck can cause as it crashes through a vehicle’s windshield. It’s wise during these cooler days to be aware of the area you’re driving in; and make certain that if you’re a passenger you remind the driver to proceed with caution in areas with high incidences of deer collisions.

According to a recent study by State Farm Insurance, the rate of car versus deer collisions in the United States has gone up by 18.3 percent in the past five years. Released just last month, the report estimated there were 2.4 million incidents in which deer and vehicles collided in the two-year period between July 1, 2007 and June 30, 2009 – that’s about 100,000 every month.

West Virginia remained the state with the highest likelihood of a deer strike with a 1-in-39 chance a drive will end up in a too-close encounter with a deer that can cause serious injury to the motorist and extensive body damage to the car. Michigan was the next most-likely state to hit a deer followed by Pennsylvania and Iowa.

The study said early evening and the late-autumn months were most likely times for collisions to occur. For safety, drivers are urged to be wary of posted deer-crossings, use their high-beam headlights when driving in the country and remember that deer are herd animals, so if you see one there are probably others nearby.

Deer crashes in U.S. up in past five years, UPI.com, September 28, 2009

Will a recent decision by officials in Washington, D.C., to eliminate the annual vehicle inspections previously required of District residents result in more auto accidents, injuries and deaths? That’s a good question and one that will require at least a few years to assess. As Maryland car accident attorneys and personal injury lawyers, our first thought is for the safety of all drivers and pedestrians on this state’s roadways. Will cars owned by D.C. drivers be anymore accident-prone? Only a mechanic can know for certain.

A recent op-ed piece brought this to mind. Since a poorly-maintained vehicle is much more likely to have something go wrong, it would seem logical that we might see more accidents involving the vehicles driven by District of Columbia residents, such as failed brakes, incorrectly aimed headlamps, breakdowns on the highway and other traffic hazards.

As of October 1, citizens of Washington, D.C., will apparently have one less annual concern, but the rest of us may pay for it in increased accidents. According to reports, the District has ended its safety inspection program, although this doesn’t include anything related to a vehicle’s emission system -- hence, emission inspections will continue as usual.

The District’s decision was reportedly made in an attempt to trim the cost of maintaining a car in the D.C. area, which will increase property taxes and also cut administrative costs. This supposedly will allow D.C. a better chance to tackle their budgetary issues.

To some, the elimination of the annual inspections is a drastic measure than may leave some wondering about the ultimate savings if, in fact, it leads to more accidents, stalled cars, and worse traffic tie-ups. Apparently, many safety experts have also expressed alarm at the prospect of un-inspected vehicles driving around the Maryland and Virginia landscape.

The District is apparently leaving any safety inspection requirements to local municipalities. Virginia is one of only 18 states that actually requires annual or biannual safety inspections, while here in Maryland the law requires a safety inspection only at the time that a car is sold.

The major concern here is, of course, safety on the road, which will impact drivers in multiple jurisdictions. All we can say is drive carefully when in D.C.

Editorial: Time for Inspection, loudouni.com, October 8, 2009

For anyone has had a loved die in a senseless traffic accident as a result of poor roadway design or traffic signal placement, it’s hard to imagine that local governments would be slow to remedy even the least dangerous traffic hazards. Still, as Maryland automobile accident lawyers, we at Lebowitz-Mhzen, LLC have represented clients who even the most casual observer would say had a legitimate claim against a local or state government for not doing its utmost to protect motorists.

In Washington County, MD, just such a situation is brewing. Although a reduced speed limit, as well as other changes have been made on Eastern Boulevard since June, news reports suggest that traffic safety in the area near a local YMCA entrance is not nearly what it should be.

According to reports, there had been three accidents on that stretch of road in the span of two months, one of them fatal. On June 16, four days after that fatal accident, the county’s highway department reportedly reduced the speed limit on Eastern Boulevard from 40 mph to 30 mph for about 600 feet on either side of the intersection in an effort to cause drivers to slow down.

Despite the addition to other roadway enhancements to slow drivers down and make it easier for cross-traffic to turn onto the roadway, local residents have complained to highway authorities to put in a traffic signal.

But according to local news reports, justification for a traffic light must be based on crash history. Sadly, federal guidelines state that an intersection must have a certain volume of traffic and a record of five or more reported crashes in a 12-month period that could have been prevented with a traffic light. And even if those conditions are met, the manual says a traffic light shouldn’t be considered until alternative solutions are tried, with sufficient observation and enforcement.

Based on Maryland State Highway Administration data, which shows there was one crash per year at the intersection in 2005, 2006 and 2007, nothing much is likely to be done. Others disagree with the data. Some local residents report that they have seen many more accidents than that.

Regardless, this is one example of where an experienced auto accident attorney can help the victims of a traffic accident. No matter the cause, it is always an excellent idea to consult a qualified legal professional for advice and counsel regarding any potential claims against another party.

Eastern Boulevard safety improvements help, but fall short, Herald-Mail.com, August 8, 2009

A sad story of a fatal bicycle accident in Ocean City, MD, came across the wires recently and points to the dangers inherent any time a bike rider travels on public roads. It happened on Maryland’s Coastal Highway as 23-year-old Kristin Anne Stormer was taking a leisurely summer ride. While riding her bicycle along a pedestrian crosswalk, she was struck and killed by a southbound delivery truck.

As a Maryland auto accident lawyer, I’ve represented numerous individuals who have been injured in automobile-bicycle accidents. Although the roadway in question has a 35mph posted speed limit, at those relatively low speeds even a small car, much less a full-size delivery truck, can seriously injure or kill someone on a bike. Without knowing the specific details, it’s hard to say if the truck driver was responsible for this woman’s sad and unfortunate death.

Summer is a great time to out and about. But whether you're riding a bike, a motorcycle or driving a car, even a relaxing trip along the coast must be done with a degree of caution. As motor vehicle operators and as bicycle riders, we all have a responsibility to follow the rules of the road. In this case, reports state that the woman may have been listening to an iPod while riding her bike. This is can be a dangerous activity for anyone operating a vehicle in traffic and it is actually illegal in Maryland.

According to reports, the driver of the truck had not yet been charged in relation to the accident, although an investigation was ongoing. Not long after this tragic event, another bicyclist was killed in an early-morning collision with a motor vehicle. The fatal crash happened on the Harry W. Kelley Memorial Bridge along Route 50 when a drunk driver plowed into two cyclists in an apparent hit-and-run accident. According to Maryland State Police, one of the cyclists, 41-year-old Edward Joseph Zisk, died at the scene as a result of his injuries.

In that incident, police reports indicate that the 34-year-old driver, Daniel Mathew Bren of Berlin, MD, hit the two bike riders from behind, then fled the scene in his 2006 Chevrolet Silverado. Police caught up with and arrested Bren shortly after the accident. He was charged with negligent homicide by motor vehicle while under the influence, driving under the influence of alcohol, and failing to remain at the scene of an accident involving the death of another.

These tragic incidents are a reminder to the rest of us that potential injury lurks around just about any corner. Whether you are a driver, a rider or a passenger in a vehicle, it pays to stay alert to potential dangers. If you or someone you love has been injured in an auto-related accident, we highly recommend that you seek the counsel of a qualified legal professional to handle your automobile accident, personal injury or wrongful death case.

Two cyclists die in resort roadway accidents, DelmarvaNow.com, June 30, 2009

In Maryland, as around the rest of the country, text messaging has become a favorite pastime for many. But victims of traffic accidents know that “texting” is actually a big problem. Auto accident experts and politicians alike are suggesting that cell phone texting could be the drunk driving of the 21st Century. Already banned in neighboring states, text messaging while driving will soon be against the law Maryland beginning October 1, 2009.

In our Maryland auto accident law office, we have seen the results of driver inattention in terms of personal injury and traffic fatalities. Much like driving while intoxicated, which results in impaired judgment and reduced reaction time, texting can be just as dangerous since the activity can cause a driver to be highly distracted. Extremely common among young drivers -- a study last year by the AAA Foundation for Traffic Safety found that about half of drivers ages 18 to 24 said they texted behind the wheel at least occasionally -- text messaging is becoming more and more popular. And this is worrying.

Maryland’s anti-texting law will make the activity a misdemeanor crime of driving while using a text messaging device to write or send a text while operating a motor vehicle in the travel portion of the roadway. A civil penalty will be imposed and a fine of not more than $500 can be enforced if convicted.

With many instances of injury accidents and traffic fatalities attributable to driver inattention, the use of cell phones, and texting in particular, was apparently the next big problem to impact safety on Maryland’s highways and byways. In fact, a 2003 Harvard Center for Risk Analysis study found that cell phone use while driving contributed to six percent of crashes and some 2,600 deaths each year. Those figures are sure to have risen during the intervening six years.

Our advice is to avoid using your cell phone while driving and definitely do not text if you are operating a vehicle in traffic. With the increase in the number of smart phones coming on the market, any effort to reduce distractions behind the wheel will improve everyone’s chances of arriving at their next destination alive and well. But if you choose not to heed this suggestion, Maryland's new texting while driving law may just net you a hefty fine in the future.

Fines Up to $500 if Caught Texting While Driving, TheBayNet.com, July 3, 2009

You may not know it, but Baltimore is way behind the rest of Maryland in terms of traffic roundabouts. Why is this important? For anyone who has been injured in a head-on collision at a busy intersection or knows someone who was killed by an inattentive driver turning in front of traffic, this is a very timely subject.

Recent reports indicate that the City of Baltimore has been seeking Federal aid to help fund construction of traffic circles, or roundabouts. Although the average driver may not like traffic circles, they are very popular with highway engineers, who believe that roundabouts can save lives. In fact, according to the State Highway Administration, there has never been a fatal accident at an intersection that has been replaced with a roundabout.

As Maryland automobile accident attorneys, we have represented our share of injury accident victims, as well as the families of those killed in fatal car crashes. Any traffic system that can reduce the carnage on our roadways is a benefit. Apparently, additional roundabouts can help accomplish this.

The State Highway Administration says that serious injuries have been reduced by 85 percent at locations where a traffic circle has replaced an intersection all around Maryland. And crashes, overall, were down by 60 percent. It would seem that the state’s engineers can’t say enough good things about them, which is why Baltimore is pushing for additional aid to fund a number of projects around the city.

Such traffic circles have become common in Maryland's counties since the first one was built in Howard County in 1993, but Baltimore itself has been slower to adopt these improved traffic safety designs. There are currently two roundabouts in the city -- one on Wilkens Avenue in Southwest Baltimore and one at the end of President Street in Harbor East -- but neither is in a heavily traveled corridor that carries a high volume of traffic.

The type of roundabout the city wants to install is different from New Jersey-style rotaries or from the signal-controlled traffic circles common in Washington. The Maryland style of roundabout requires vehicles entering the roundabout to yield to those already there. Highway engineers say the roundabouts' design makes it virtually impossible to have a deadly head-on or T-bone crash. According to experts, most of the collisions that do occur cause nothing more than property damage, and that would be a sizeable improvement over the status quo.

Baltimore seeks U.S. aid for traffic circles, BaltimoreSun.com, May 24, 2009