Maryland Car Accident Attorney Blog

As Maryland auto injury attorneys serving individuals in cities such as Baltimore, Cumberland and Frederick, MD, as well as Washington, D.C., I and my colleagues look forward to a day when serious injuries and deaths from traffic-related accidents are a thing of the past. While that day may be well off, constant improvements in vehicle design and constantly evolving government safety regulations indicate some progress.

Because tens of thousands of people are killed on this nation’s roadways every year, there is always room for improvement. The cost from traumatic brain and spinal injuries sustained during a car crash can be astronomical for a family of limited means. Not only is medical care expensive, the cost to a family when one of the primary wage earners is laid up for an extended period can be financially devastating.

Protecting the occupants of a motor vehicle that is involved in a traffic collision on an expressway, country road or city street is the job of that motor vehicle’s passenger restraint system, as well as other safety components located throughout the car or truck. Granted, there’s a big difference in the protection offered by a car, SUV or minivan than what is provided to a motorcyclist involved in a similar road accident, but those occupants in a passenger car are still at risk nonetheless.

Recent changes in the 5-star safety ratings set fourth by the National Highway Traffic Safety Administration (NHTSA) may help to increase the level of protection that motor vehicle passengers can expect in the future. According to news reports,

Starting with 2011 models, new vehicle crash tests will likely make drivers and passengers alike feel safer and more secure when traveling in new cars. Based on reports, the new crash evaluation criteria include an enhanced 5-Star Safety Ratings System for new vehicles. The new testing now includes a side pole crash test and evaluation of in-vehicle crash prevention technologies. The latest criteria also marks the first use of female crash test dummies are to be used in crash scenarios.

As in the past, vehicles are rated from on a scale of one to five stars (one being lowest and five the highest). Under the old NHTSA guidelines, many vehicles received the maximum, 5-star rating, however that will likely change with the new system now in place. This is reportedly because the new standards are much more strict. In fact, many previous 5-star rated vehicles are likely to drop in the rankings under the new system.

Continue reading "Maryland Auto Accident Update: NHTSA’s Revised Passenger Car Safety Ratings Look to Improve Occupant Safety" »

Defective automotive equipment can be just as deadly as a drunken driver when it comes to traffic accidents and fatalities on Maryland roadways. As a Baltimore car accident lawyer and personal injury attorney, I understand how poorly designed or maintained safety systems on cars, trucks and commercial motor vehicles can result in catastrophic roadway crashes leading to injuries and possible death.

Both the vehicle manufacturers and the maintenance facilities for those vehicles must do their part to ensure that all systems work as designed. Defective equipment can ihis include braking systems, steering components, lights and seatbelts, among others. If any system fails to work properly it could cause an accident or make any future accident more dangerous for the occupants, not to mention those motorists in the vicinity of a serious crash.

According to news articles, a law suit against the Japanese auto maker, Toyota, claims that the company knew as far back as 2003 about the possible acceleration risk on some of its vehicles. Based on reports, a Toyota technician stated in 2003 that sudden acceleration is an "extremely dangerous problem." This was a full six years prior to the first of many recalls that the company has had to issue.

According to a suit filed against the auto giant, the unnamed Toyota employee "requested immediate action" following an investigation of alleged unintended acceleration reports. Back in 2003, that unidentified Toyota employee reported wrote in a field report, "We are also much afraid of frequency of this problem in near future."

According to news articles, Toyota believes that reliable scientific evidence will demonstrate the safety of their vehicles through ongoing investigations which it expects to bring forth in court.

As a result of the unintended acceleration issue, more than 300 federal and state lawsuits have been lodged against Toyota. These include proposed class action suits dealing with economic losses, as well as personal injury and wrongful death claims due to sudden-acceleration incidents.

Toyota Knew in 2003 of Acceleration Risk, Suit Says, SFGate.com, August 2, 2010

Residents of Maryland and other cold-weather states may find that they have a problem with that aging Ford minivan in the driveway. According to news reports, Ford Motor Company has issued a statement naming the Ford Windstar in a recall involving more than one-half million vehicles across several model years.

As a Baltimore auto accident attorney and Washington, D.C., injury lawyer, I understand the potential for injury resulting from a defective equipment problem in a motor vehicle or heavy commercial truck. Critical components found in such important vehicle systems such as the steering and suspension must operate correctly if a vehicle is to remain safe.

Whether a design error, incorrect material specification or maintenance issue, safety problems can lead to highway accidents, which may or may not involve injury or death to the occupants. According to the recent news reports, up to 575,000 Windstar minivans in the cold weather states could have a problem with their rear axle.

The National Highway Traffic Safety Administration (NHTSA) had started its own investigation earlier this year and found that certain areas of the Windstar’s rear axle apparently can collect road slush, which can then lead to rusting of the component.

Based on reports, prior to its investigation, the NHTSA had received more than 200 complaints of rear axle fractures, plus two cases of minor accidents reportedly caused by the problem. Since beginning its study, the number of complaints has risen to just under 1,000.

Specifically, the Ford recall affects those Windstars made between 1998 and 2003. The action involves 463,000 vehicles in the U.S., including Maryland. The rest are being recalled in Canada. According to news reports, vehicle owners will be asked to bring their minivan to a Ford or Lincoln-Mercury dealership, where an inspection of the axle can be carried out. If any cracking is detected, the owner will reportedly be provided with a repair, or offered an alternative vehicle until parts are available.

Ford Recalls 575,000 Windstars, Zacks.com, August 30, 2010

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

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

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

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

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

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

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

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

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

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

Defective equipment suits, also referred to as product liability lawsuits, against Japanese car manufacturer Toyota are cropping up all over the county. I and my colleagues have the skills and experience to represent individuals who believe their vehicle had a defect that led to an accident involving personal injury or death. Of course, nobody wants to be in an automobile wreck, but from time to time forces beyond a driver’s control can result in a terrible crash.

Head and neck injuries are typical of some high-speed traffic collisions, while bruises, cuts and minor lacerations may be the only injuries in a lower-speed car or semi-truck collision. Whatever the cause, injuries can be costly, not only from a financial standpoint but also over the longer term as some people never fully recover emotionally or physically from a horrible accident.

The latest spate of defective equipment claims against Toyota allege poor accelerator design in a variety of the manufacturer’s models. According to a recent news article, two local D.C. residents have filed suits against Toyota for accidents that left them in need of medical treatment.

The two Washington, D.C., area drivers have joined nearly 300 personal injury and class-action lawsuits filed across the country against Toyota Motor Corporation. In their lawsuits, Andrew Flury of Pasadena, MD, and retired Army Col. Harry Williams of Woodbridge state that they each suffered severe injuries after the Toyota model vehicles they were driving suddenly accelerated.

This unexpected acceleration is an issue that has generated a major recall of millions of Toyota vehicles. In the case of two D.C. residents, their suit blames an electronic throttle system for the unintended acceleration. Reportedly the suit claims that the system also operated without a brake override system that could have prevented throttle problems.

In the cases of Andrew Flury, the suit states that on April 29, 2008, he and his wife were headed to dinner in his 2005 Toyota Echo along Water Street in Baltimore. As he approached a stop sign, Flury said that he applied the brakes but instead of stopping, the car accelerated into the intersection and collided with a sport-utility vehicle.

Flury and his wife were knocked unconscious and suffered head injuries. The husband was in a coma for more than a month. He is now partially paralyzed on his right side and has what his attorney calls "serious cognitive impairments that will affect him for the rest of his life." He has been unable to return to his job as a sales manager for a technical job placement firm.

Two Washington area drivers sue Toyota, alleging acceleration problems in cars, WashingtonPost.com, March 15, 2010

Auto safety recalls continue this month with a notice filed with the NHTSA (National Highway Traffic Safety Administration) by Mitsubishi for the voluntary recall of approximately 30,000 Lance models. According to the report, the defect cited by the Japanese car maker has to do with the proper function of the airbag system. Having represented numerous individuals injured or killed in automobile accidents, I can truly say that malfunctioning airbags are a big safety concern.

This latest recall focuses on 2008 and 2009 Lancers and Lancer Evolutions models either registered or originally sold in nearly two dozen "salt belt" states. The potential problem could prevent the airbags from deploying properly in the event of an accident. According to the recall, Mitsubishi explains that in areas where road salt is heavily used during the winter months, long term exposure to a mixture of melted snow and road salt could corrode the airbag sensors.

The corrosion could result in a delay in proper deployment of the airbags during a traffic accident, which “could result in driver or passenger injury." Depending on the severity of the collision, faulty airbags could also result in death.

According to reports, the recall affects vehicles originally sold or currently registered in 23 states, including Maryland, Virginia and the District of Columbia. Mitsubishi says that it will install new front airbag sensors that have improved corrosion resistance. The fix will be made free of charge and owners should have received a recall letter by this time.

Recall Alert: Mitsubishi Lancer, Lancer Evolution, USNews.com, November 17, 2009

As auto accident attorneys here in Maryland, we know that car and truck crashes can occur for a variety of reasons. When one of those reasons points to a defective design or service procedure on an automobile, SUV or other passenger car, people take notice. Earlier news reports had stated that Toyota was recalling nearly four million cars including the popular Camry for a seemingly inconsequential problem -- a poorly designed floor mat.

In this case, the vehicles’ accelerator pedal could become stuck when pressed to the floor, held down by the floor mat and causing a potential runaway engine scenario and possible injuries. According to reports Toyota has announces a fix for this potential unintended acceleration issue, which may be a relief to many, but which may call into question the quality aspect of Toyota’s engineering and design work going forward.

Apparently Toyota’s unintended acceleration problem won’t be going away any time soon, either. Consumer Reports has recently taken a look at complaints of unintended acceleration from owners of 2008 vehicles, during which the magazine found that 41 percent of the complaints filed with the National Highway Traffic Safety Administration (NHTSA) came from Toyota owners.

For the current floor mat-related issue, Toyota will reportedly be addressing the immediate problem by changing the out the accelerator pedals in four million recalled vehicles in the U.S. According to the latest news, the company will reconfigure the pedals to better conform with the floor mat. In some instances, the shape of the vehicle floor will also be changed to help prevent the problem.

What’s interesting is the news that Toyota will apparently be installing electronic countermeasures in the form of a braking override system in Camry, Avalon, and Lexus ES 350, IS 350 and IS 250 models. This additional control system will act to cut engine power in instances where there is a simultaneous application of both the accelerator pedal and the brake pedal -- as can occur when a driver is trying to stop a car that has a runaway acceleration condition. Reports indicate that owners of these models will be notified during 2010.

All this started back in September, when Toyota announced its largest vehicle recall ever for the floor mat problem. However, investigations by the NHTSA have raised additional questions as to whether floor mats alone were the sole reason for the unintended acceleration incidents in Toyota and Lexus models.

These questions, and the Japanese manufacturer’s massive recall, grew initially out of a fatal accident that occurred last August when an off-duty California Highway Patrol officer and three family members were killed in the San Diego area.

To add to Toyota’s deteriorating image as a builder of quality passenger cars, there are claims surfacing that Toyota destroyed engineering and vehicle test data evidence that it had in regards to pending rollover litigation.

Toyota Tops Complaints of Unintended Acceleration, Report Says, NYTimes.com, December 8, 2009

Sometimes the most inconsequential problems can become life threatening; such is apparently the case with Toyota’s Tundra pickup trucks. According to reports, the Japanese manufacturer has recalled 110,000 vehicles from the 2000-2003 model years for a rust problem with the crossmember that holds the spare tire to the frame. As Maryland auto accident and personal injury lawyers, our job is to help victims who have been injured or have suffered due to another person’s negligence.

The defect discussed in the news recently could result in the Tundra’s spare tire falling onto the roadway in front of another car, which could cause that driver to lose control and crash. On a highway, this could result in a multi-car accident. It’s wise for Toyota to recall these defective models, which would otherwise be potential hazards on the road.

Information out of Washington, D.C. shows that the government has urged owners to take preventative action by removing the spare tire from the frame before a dangerous situation occurs. The recently announced recall involves Tundras registered in 20 "cold weather" states including the Maryland, Virginia and the District of Columbia.

According to reports, the National Highway Traffic Safety Administration (NHTSA) opened an investigation into excessive rust on Tundra frames this past October after receiving 20 complaints of what the agency refers to as severe frame corrosion. The NHTSA also said that it had received 15 reports of the spare tire allegedly separating from the frame (the spare tire is stowed under the truck’s bed). The five remaining consumer complaints alleged that the vehicle’s brake lines were broken or damaged due to the rusty condition of the frame.

Following this, Toyota announced it would be recalling those Tundras in the cold weather states because road salts and chemical deicers are typically used to treat roads during the winter and could cause additional corrosion in the trucks.

Toyota reportedly will soon begin to notify owners and ask them to take their trucks to a Toyota dealer for an inspection of the frame's rear cross-member. Toyota said if the inspection finds that it can no longer safely support the spare tire, the crossmember assembly will be replaced.

Toyota said if no significant rust is found, owners will have a corrosion-resistant compound applied to the frame. Toyota said the inspections and repairs will be done at no charge to owners.

Toyota to recall 110,000 Tundras over rust, MSNBC.com, November 24, 2009

Automobile accidents happen for a variety of reasons, not the least of which are defective parts or poorly designed vehicle components. As Maryland auto accident lawyers, the legal professionals at Lebowitz & Mzhen, LLC represent numerous clients who have been hurt as a result of negligence on the part of another person or corporation. Recently a news article brought up the subject of defective equipment and possible death or injury that can result to car, truck and SUV drivers and their passengers.

According to news reports, car maker, Toyota, has recalled nearly four million vehicles across the United States in what the media says is “Toyota’s largest-ever U.S. recall campaign. The problem is apparently with the removable driver-side floor mat, which could possibly cause the vehicle’s gas pedal to become stuck, resulting in a possible high-speed runaway situation leading potentially to a crash.

The recall involves popular Toyota models such as the Camry -- the top-selling passenger car in America -- and the company’s hybrid Prius models. News reports state that Toyota is working with officials from the National Highway Traffic Safety Administration (NHTSA) to find a fix for the problem.

This type of defect, while seemingly simple in nature, is indicative of the equipment problems that can cause a motorist to lose control of a vehicle and perhaps become injured or even be killed. Because this problem could cause a high-speed situation, other drivers, pedestrians and occupants of other vehicles could be endangered.

The NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. It was unclear how many led to crashes but the inquiry was prompted by a high-speed crash back in August in California. At that time, a Lexus careened out of control, hitting speeds in excess of 120mph. The family inside the vehicle made a frantic call to 911 to say that the accelerator was stuck and they couldn't stop the vehicle.

Anyone hurt as a result of such an incident should contact a qualified personal injury lawyer experienced in handling automotive accident cases. No matter how innocuous the problem, almost any vehicle defect can become a safety concern. Don’t take your wellbeing or that of your family for granted.

Toyota, Lexus Mat Recall: 3.8 Million Vehicles Recalled Over Floor Mats, HuffingtonPost.com, September 29, 2009

Automotive safety equipment is not supposed to hurt or kill you, yet that is what appears to be the risk with nearly half a million Honda and Acura models being driven in Baltimore and other cities in and around Maryland. According to reports, the defective component is part of the vehicles’ steering wheel airbag system and could cause serious injury or even death to the driver or passengers of these sedans.

Already one fatality and several other lesser injuries have been tied to the airbag defect. Honda announced back in November 2008 that it would be recalling some of its 2001 model year Accord and Civic sedans, but has recently added an additional 440,000 vehicles to the recall.

The potentially life-threatening defect is part of the airbag inflation system in these top-selling Japanese sedans. According to news reports, the inflator assembly can rupture as a result of excessive air pressure, which then can cause metal fragments to shoot through the airbag and possibly hit the occupants.

As a Maryland auto accident and personal injury lawyer, this type of vehicle problem can only make an automobile crash worse by possibly hurting the victims even further. Nobody expects that an automotive safety device will actually cause them harm, but in this case it could happen. As a result, Honda is now recalling the affected vehicles.

The safety recall covers certain 2001 and 2002 Accords, 2001 Civics and some 2002 and 2003 model Acura TL sedans. The driver's side airbag is the defective component on the affected vehicles. Owners can check to see if their vehicle is affected by visiting Honda’s owner website and logging on. Honda has said that it is encouraging owners to wait until they receive a recall notice before going to a dealership, since it may take a while for the inflator units to be in stock.

Honda recalls 440,000 cars for airbag risk, MSNBC.com, July 31, 2009

Kia Motors America has issued a recall for 36,000 Optima models made during the 2001 through 2004 model years. The recall covers a defect of the vehicle’s steel subframe, which could be adversely affected by road salt in certain parts of the country, including Maryland, Virginia and Washington, D.C. The problem ultimately could cause a vehicle to become uncontrollable, possibly resulting in personal injury or death.

According to Kia’s defect notice, exposure to road salt can cause critical structural problems, including failure of certain components related to the vehicle’s suspension and steering systems. The notice, which was filed with the National Highway Traffic Safety Administration (NHTSA) states that the road salt applied in states such as Maryland during the winter months may cause progressive internal corrosion of the car’s subframe. Over time, this kind of structural corrosion can affect areas of the subframe where the lower suspension control arms connect to the vehicle.

If sufficient corrosion occurs in these areas, a number of potentially dangerous conditions can result, such as wheel misalignment and/or other noticeable stress in steering, or accelerated abnormal tire wear. Ultimately, this kind of condition can lead to “wheel separation, possibly resulting in a vehicle crash," according to Kia.

The states affected by the recall include Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia.

Kia dealers will inspect recalled cars, and if necessary, repair the subframe free of charge. Dealers are expected to contact owners through the mail this month, but those who wish to make their own repair arrangements may contact Kia at 1-800-333-4542.

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