Maryland Car Accident Attorney Blog

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

The phrase, “It takes two to tango,” may seem a bit flippant when referring to something as serious as traffic accidents, automobile crashes and fatal car and truck collisions, but the point to be made here — at least when driving your loved ones around — is always use your head because someone else might not be using theirs. As Maryland car accident attorneys, we make this statement with more than a little experience in representing victims of severe and sometimes fatal traffic accidents; passengers and drivers alike.

Anyone who has taken the wheel of a motor vehicle — car, SUV, minivan, pickup truck — knows that accidents can be lurking almost anywhere. One of the most important things a driver can do to avoid a serious auto wreck is to take the extra time to be sure traffic is clear when crossing an intersection or making a turn onto a busy, high-speed roadway.

Most driver education courses attempt to hammer this point home with students, but over time some drivers tend to forget those early lessons and in doing so may even create their own rules of the road. According to a recent article, police have increased traffic patrols along a stretch of U.S.15 at Hayward Road due to potentially dangerous traffic conditions. Apparently the high incidence of car and truck collisions in that area of Fredrick County has necessitated the added enforcement.

Based on information from the local authorities, 99 percent of all accidents at the intersection are caused by drivers failing to yield. It was reported, also, that the majority of drivers travel through the intersection at the posted speed limit. The Maryland State Police have reportedly taken part in a “slowdown initiative” on U.S.15 for the past 18 months or so. This now includes additional enforcement at U.S. 15 and Hayward Road, which has now been ongoing for nearly four months.

According to officers familiar with the intersection, most every automobile crash that happens there is a bad one. Said one officer, it’s one of the worst intersections along U.S.15. In fact, during the interview for this particular article, police had only just responded to one of numerous accidents at that location, this one involving a Honda that was hit by an oncoming Ford. The collision sent a 64-year-old Frederick woman to the R Adams Cowley Shock Trauma Center in Baltimore.

Enforcement continues at dangerous intersection, FrederickNewspost.com, June 12, 2010

If anyone needs an example of how distracted driving can result in senseless automobile accident injuries or traffic fatalities, look no further than the pages of your local newspaper. It seems that every day we read about one person or another hurt or killed by the negligence of another driver. As Maryland car accident attorneys, I and my staff recognize the need for better driver education and improved driving safety training.

Smart phones, iPods, vehicle navigation systems, even the lowly car radio; each of these devices and countless other distractions all conspire in their own way to take motorists’ attention from the primary task at hand… driving down the road in a careful and thoughtful manner. This is not just empty rhetoric; newspaper articles and television news anchors constantly describe terrible accidents that maim or kill dozens of Maryland residents every month on our roadways.

A recent story, which may not have gotten much press was that of a 30-year-old Baltimore woman who died following a bad three-car accident in Howard County as she apparently waited to turn left into a local neighborhood. According to reports, the accident occurred just before 8am in Fulton, MD, as Jasmine Ann Brisson was driving her Dodge Neon westbound on Scaggsville Road.

Police reports show that while the woman was waiting to make a left turn onto Fulton Estates Court, her vehicle was hit from behind by a much larger Ford Excursion SUV. The force of the crash pushed the economy car into the eastbound lane, where it was struck again by a Dodge minivan.

Rescue workers arriving on the scene administered medical treatment to Brisson, who was then transported to Howard County General Hospital. Sadly the woman died from her injuries at the hospital. The Grand Caravan driver was also treated at the scene but did not have any life-threatening injuries, according to the police.

At the time of the news report, police were still conducting their investigation; however preliminary findings suggest that the SUV driver may have been distracted when the large truck hit the smaller Neon passenger car. The collision was still under investigation, but based on preliminary information spokeswoman Elizabeth Schroen said the crash appears to have been caused by distracted driving

City woman fatally injured in Howard Co. crash, BaltimoreSun.com, June 8, 2010

Police can only do so much to curb the dangerous driving behaviors that we all see on our highways, rural roads and city streets. It’s not uncommon to have a bad injury accident or even fatal traffic collision caused by another driver’s impatient and belligerent actions on a public road. These kinds of crashes, which involve SUVs, sedans, pickup trucks and even motorcycles, can cause bodily injuries ranging from bumps and bruises to deep cuts and even fatal traumatic head injuries.

With the pace of everyone’s working and private lives ever increasing, it’s not difficult to see why people are in a hurry, but there is no excuse for endangering other drivers as a result. As Maryland automobile accident lawyers, we applaud law enforcement’s efforts to reduce the amount of aggressive driving on our streets and in doing so perhaps limit the number of accidents as well.

One area of note is a stretch of Interstate 97, which apparently is the focus of the latest police crackdown on aggressive driving. Anne Arundel County police officers and state troopers, 45 in all using vehicles and a police helicopter, were part of a month-long program to target and ticket offenders on the I-97 corridor in Anne Arundel County.

According to police organizers, police were focusing their attention on impatient drivers who speed, tailgate, honk, abruptly switch lanes, and badger cars in front of them who are already doing the speed limit. In the process, police conducted a twice-weekly detail that began on May 5, saturating the interstate with marked patrol cars, as well as the county’s unmarked Dodge Charger police cruiser.

In just five details, reportedly staggered throughout the month, officers stopped 273 vehicles and issued more than 100 tickets for speeding and aggressive driving, amoung others. They also handed out 258 warnings to drivers and issued 13 state equipment repair orders. Four people were reportedly arrested, including a Baltimore man suspected of breaking into a Severn man's home minutes before the traffic stop.

County, state police target aggressive drivers on I-97, HometownAnnapolis.com, May 24, 2010

Depending on how you read the data, Baltimore pedestrians either have a lot to celebrate or a fair amount of caution yet to exercise when traversing the city’s crosswalks. According to Transportation for America, a pedestrian and bicycle safety group, more than 76,000 Americans have died over the past 15 years just crossing the street in their own communities.

My office provides legal services to individuals injured in pedestrian accidents caused by negligent passenger car drivers or as a result of a commercial trucking accident. As Maryland injury attorneys, we understand the pain and suffering that can follow a pedestrian-automobile accident, as well as the associated medical costs for treatment and rehabilitation.

The published report on pedestrian injuries and fatalities across the country ranked a number of metropolitan areas in terms of frequency of accidents involving persons on foot. In discussing the issue of pedestrian injuries, the authors of the study sum up the total number of deaths as being the equivalent of a jumbo jet crashing with a full passenger load once every month or so. It’s shocking to say the least.

Calling out the total number of deaths in this decade, Transportation for America points out that nearly 4,000 children under 16 years have been killed so far in the 2000s. Based on their figures, the authors observed that in children, elderly and infirm individuals, and ethnic minorities are over-represented in the totals.

The study is quick to address the fact that many pedestrian deaths are typically termed “accidents,” which indicates an error either on the part of the vehicle operator or the person on foot. However, the authors make a strong point that quite a large percentage of these so-called accidents occurred along roadways that were “dangerous by design.” In other words, the blame should perhaps be shifted to the poor roadway and sidewalk design, rather than to the users of those streets and walkways.

It has become more and more prevalent that communities are retrofitting poorly designed roadways into more complete streets. This is being done through the addition of sidewalks and bicycle lanes, reduction of crossing distances and the installation of trees and crosswalks to make walking and biking safer and more inviting.

Continue reading "Maryland Automobile Accident News: Baltimore Ranks 29th Nationwide in Fatal Pedestrian-Car Accidents" »

Not long ago a bunch of kids came close to being hurt when a fire truck rolled away from its parked position at a community event. The incident was a close call for some parents, who assumed that an emergency vehicle and its crew are all about public safety. However this is only one example of how private citizens can be injured by vehicles operated by public servants and government employees.

More recently, a traffic accident involving a Maryland State Police car and a Honda minivan carrying a mother and child points out that police officers as well as fire department personnel can also become involved in injury and fatal automobile crashes. Wrecks like the one that occurred last month remind everyone that law enforcement officers and fire fighters are human, too.

Whether a person is hurt in a traffic accident, the facts are not always easy to determine until an investigation is carried out. Unfortunately, many who are hurt in bad car crashes never see a penny, which can hurt in bad economic times like we have been experiencing. A skilled Maryland injury lawyer can assist victims of negligent driving collect damages to help pay for medical costs and property damage.

The accident involving that mother and young child occurred on a Friday afternoon as a Maryland state trooper responding to a motorcycle accident was driving southbound in a marked 2005 Ford Crown Victoria sedan. According to reports, as the police car — whose emergency lights and siren where activated — approached the intersection at U.S. 15. at Mountville Road the traffic light turned red for the cop as cross traffic began to enter the intersection.

Trooper First Class Gary L. Baker, 24, reportedly attempted an evasive maneuver to avoid the mini van driven by 29-year-old Amy L. Brockey of Adamstown, MD. The cruiser smashed into the Honda carrying Brockey and her two-year-old daughter, who was riding in a child safety seat.

An early report indicated that the mother and daughter were thankfully uninjured as a result of the crash. The Trooper and a 19-year-old police cadet were treated by emergency responders and then transported to Frederick Memorial Hospital, where they received additional treatment for minor injuries and subsequently released.

Trooper on call collides with van, FrederickNewsPost.com, May 1, 2010

Automobile accidents involving individuals on foot can happen almost anywhere vehicular traffic is located near pedestrian crosswalks, bus stops and even in shopping malls and parking lots. Tens of thousands of people are hurt and injured after being hit by cars and trucks, and even by bicycles, especially in the city. As Baltimore injury accident attorneys, I and my colleagues understand the extent of injuries that can be sustained in an auto-pedestrian traffic accident.

From simple bumps and bruises to serious cuts, compound fractures and head injuries, being struck by a motor vehicle can lead to extensive medical procedures and correspondingly high hospital bills. According to the National Highway Transportation Safety Administration (NHTSA), nearly one in every 14 traffic accidents involving a person on foot results in a death. This happens despite the efforts that most pedestrians go to in order to avoid being hit by a car, SUV or commercial truck.

Although numerous car-pedestrian crashes happen when people are crossing a street or rural road, accidents can also occur when individuals are jogging or running for sport or exercise. The danger also extends to car-bicycle collisions, where motor vehicle operators sometimes claim they did not see the victim until it was too late. In a city, slower moving elderly residents can be extremely vulnerable to vehiclular collisions as they cannot jump out of the way as easily as a younger person.

Regardless of the cause, the result of any automobile-related pedestrian crash can be catastrophic for the relatively unprotected pedestrian. A recent incident in Baltimore County showed how tragic this kind of accident can be. According to news reports, a 31-year-old woman died on a Saturday night after she was hit by a motor vehicle while attempting to cross a road on foot.

Rebekah Hamman may have been tying to run across the roadway and avoid an approaching northbound automobile when she was struck on Bel Air Road around 9:30pm on May 1. Emergency crews at the scene treated and transported the gravely injured woman to the Maryland Shock Trauma Center.

Based on an initial accident scene investigation by Baltimore County Police Department, Hamman was apparently crossing Bel Air Road just south of Still Meadow Road when she ran into the path of the vehicle. There is a bus stop nearby, from which the woman may have started to cross the roadway. Whatever the starting point, police said that Hamman apparently tried to outrun the oncoming vehicle after she had already made her way part way across the street.

According to reports, the force of the crash threw Hamman into the northbound lane of Bel Air Road. The driver reportedly stopped and called 911 -- and no charges were pending against the driver at the time of the news report.

Woman killed in weekend pedestrian accident, BaltimoreSun.com, May 2, 2010

Negligence comes in many forms. Individuals who operate their vehicles in a thoughtless or aggressive manner can cause traffic accidents that result in personal injury. Similarly, the state government and local municipalities have a responsibility to the public’s general welfare, which should include proper maintenance of public roadways, pedestrian sidewalks and other public works-related projects.

Unfortunately, due to ever increasing budget cuts and other belt tightening measures, predictions are cropping up regarding the impact of poor roadway maintenance and its future effect on car, SUV and motorcycle crashes and other road accidents. When safety is compromised, unnecessary property damage and injury can be a result. Wrongful death can also be a result of individual or corporate negligence.

As Maryland personal injury lawyers, we travel the same city streets and rural roads that everyone does. Single-vehicle accidents can be caused by damaged pavement or deteriorating roadway and traffic control infrastructure. Sadly, it appears that the current economic downturn will cause more vehicle damage and could even result in some unnecessary fatalities.

According to a recent report from the U.S. Public Interest Research Group Education Fund, Maryland motorists already pay an added $425 in vehicle costs because of rough roads -- this is more than 25 percent higher than the national average of $335. The report looks at how states applied federal funds for maintenance of their aging highways and bridges. While Maryland has a history of major road construction, the report makes a point to praise the state for targeting funds at repair of infrastructure ahead of funding new construction.

Reportedly, Maryland drivers have certainly felt the impact of poorly maintained roads. According to the report, in 2008 the state ranked 37th (in percentage of road quality) with 41 percent of roads in "less than good" condition. Compare that to the national average of 45 percent. What probably won’t come as a surprise to many drivers, Baltimore had the 15th-highest additional repair and vehicle accident costs due to poor roads -- $589 per year.

One bright spot, if you can call it that was the finding that -- as of December 2009 -- only seven percent of Maryland’s bridges were categorized as "structurally deficient," defined as having a major defect in either the supporting structure or a crack in the roadway. While anything short of 100-percent safe should be of concern, compared to the national average of 12 percent, Maryland is doing better than most states.

Continue reading "Maryland Drivers Expect More Roadway-related Accidents; More Vehicle Repairs Due to Poor Road Conditions" »

Everyone is concerned over maintaining the safety of their loved ones. Relatives and close friends all hope for the safe arrival of families traveling across the state or just across town. One group that gets a considerable amount of attention are those younger folks in their teens and growing up to be adults. As a Maryland injury lawyer and auto accident attorney, I’ve seen the statistics and I know how scary it is for parents of teens and young adults.

When it comes to car, truck and motorcycle accidents, young people are definitely over represented in terms of deaths and injuries sustained on the road. It’s not surprising then that parents go grey just about the time their kids take their first driving lessons. While it’s difficult to change the habits of entire age groups, a recent article gave us hope that here in Maryland, parents can sleep somewhat more soundly at night.

According to a news article, automobile accident statistics support the notion that young people (those aged 15-20 years old) are at increased risk of getting into a motor vehicle accident than any other group. It is disheartening to note that while this age group makes up less than seven percent of the general population, it accounts for 14 percent of all car accident cases.

A recent survey of teen driver safety was recently published by U.S. News & World Report magazine. The good news, at lease for Maryland residents, is that our state ranks fourth in a compilation of the best states for teen drivers. Those who live in the District can rest even more soundly, as Washington, D.C., scored the top ranking.

To determine this ranking, researchers looked at 11 indicators affecting teen driving safety. Five were based on U.S. government driving, accident, and road quality statistics, while the other six relied on independent ratings of each state's driving and safety laws from the Advocates for Highway and Auto Safety and the Insurance Institute for Highway Safety (IIHS).

A sampling of the ranking variables include: safety belt, teen driving, DUI/DWI, distracted driving, and motorcycle helmet laws, as well as individual state statistics such as ratings of road conditions, average vehicle miles traveled per capita, and average percent of teens in each state with driver's licenses.

Safest states for teenaged drivers, Examiner.com, March 19, 2010

It’s already been discussed here that a recent study conducted by the Insurance Institute for Highway Safety (IIHS) found that cellphone bans do not appear to lower the incidence of traffic accidents. Even so, Maryland legislators are still moving toward a proposed law that will ban hand-held use of cellphones and mobile devices when operating a motor vehicle.

Anything that can reduce automobile and trucking-related highway crashes would be a good thing, since thousands of people are killed in traffic wrecks every year around the U.S. As a Baltimore car accident attorney, I’m on the side of the victims and I know that every driver should be doing his or her part to cut down on the carnage on our public roads.

I’ve seen what can happen to the occupants of a passenger car when it’s hit by another vehicle. Cuts and bruises are the least of the injuries a person can sustain in a crash. Traumatic brain injury is common, as is damage to the neck and spine, any of which can put a person in a wheelchair sometimes for the rest of their life. The question here is would a ban on hand-held cellphones be too much of burden, even if it saved the life of just one person?

Consider your answer carefully because the life you save may be your own, or that of a loved one. An editorial in the Baltimore Sun speaks to this very issue as Maryland faces a ban on hand-held cellphone use.

Of course, nearly every motorist at one time or another has seen all manner of vehicle being driven hazardously. This includes instances of failure to yield where appropriate, drifting into oncoming traffic or suddenly making a turn without an appropriate use of turn signals. I’ll wager that, at least in the past 10 years, these kinds of activities may well have been caused by a so-called distracted driver with a cellphone to his or her ear.

The new Maryland law would restrict driver cellphone use to only hands-free devices. Although it isn’t quite clear that such technology (usually a headset or vehicle-mounted microphone/speaker arrangement) improves matters much, but it may be the new law of the land as Maryland joins the growing number of jurisdictions that ban drivers from using hand-helds.

Continue reading "Baltimore Auto Injury News: Will Banning Hand-held Cell Phones Reduce Fatal Maryland Traffic Accidents?" »

Negligent drivers, whether they operate passenger vehicles or commercial delivery trucks or tractor-trailer rigs, should be help accountable for their actions behind the wheel. In Maryland, the penalties for reckless driving involving fatalities can appear to be hardly sufficient considering the results that are evident. Not a week goes by that it seems we hear at least one news story of a traffic fatality on one of this state’s busy roadways.

As a Baltimore automobile accident lawyer, I and my colleagues fight a seemingly never ending battle for car crash victims and their families. It makes not difference whether a person is hurt as a result of a semi truck hitting their car or another passenger vehicle slamming into their sedan, minivan or SUV. The pain and suffering sustained during the accident and afterward can be substantial.

Not long ago we reported on a bill introduced into the Maryland state legislature that would increase the penalties for drivers found guilty of reckless and negligent driving in instance where the driver’s action led to the death or serious injury of another individual. It’s heartening to know now that the bill has already received support in the form of a successful vote in the Senate and will soon be moving on to the House.

According to news reports, the bill introduced by Sen. Bryan Simonaire and known as the Joseph Norfolk Act was initially inspired by the June 2007 traffic death of Cpl. Scott Wheeler of Millersville. The 31-year-old Wheeler, Howard County police officer, was struck by a passing car while on patrol duty. The office was reportedly hit a Nissan Sentra on Route 32 after he attempted to pull the driver over for speeding. He died several days later. At the time of that crash, investigators said the 24-year-old woman driving the Nissan didn't see Wheeler in the road. She eventually paid $310 in fines.

If passed by the House, this new law would set the maximum fine for both negligent driving and reckless driving at $1,000 – double the current fine. The bill also calls for a loss of license for up to 180 days if the defendant is convicted. At the time of the news article, there was as yet no date set for a vote in the House.

Reckless driving bill passes state Senate, HometownAnnapolis.com, March 17, 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

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" »

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

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 measures 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