Maryland Car Accident Attorney Blog

Baltimore Personal Injury News: Driver Escapes Drowning in Howard County after Driving Car into Pool

November 3, 2011 | Lebowitz & Mzhen

For some people, aging is accompanied by a progressive loss of physical and mental capabilities. Sadly, for People who cannot — or will not — relinquish their relative independence as a motorist with a car in the garage and places to go. In Maryland, older men and women every year must give up their driver’s licenses either after relatives urge them to stop driving or the state will not renew their operator’s license due to certain mental or physical impairments.

As Baltimore automobile and trucking accident lawyers, we understand the hard choices that families must make when an aged relative has had one to many minor car accidents, or their ability to remember how to get home suggests a potential for a serious traffic accident down the road. For many people in urban areas such as Annapolis, Baltimore and Washington, D.C., giving up driving may be easier with mass transit readily available; those in rural areas may have a more difficult transition.

Despite the potential dangers, many older seniors and elderly people continue to drive beyond a time when they can reasonably be expected to operate a vehicle with sufficient safety. It is at this point that they can become a danger to themselves and a potential menace on the road. As Maryland personal injury attorneys, we sympathize with the plight of the aged when it comes to driving, but it goes without saying that public safety many times must take precedence over an individual’s desire to keep driving despite loss of ability.

A while back, we were reminded of how easily an elderly driver can get themselves into a possibly life-threatening traffic accident. According to news articles, a car crash in Howard County ended with a woman and her vehicle underwater in a neighborhood pool. Based on police reports, the wreck occurred in the early morning hours on a Saturday in Columbia, MD.

Baltimore Auto Injury Update: Burn Injuries Due to Car Fires can be Life-threatening

October 31, 2011 | Lebowitz & Mzhen

Anyone who has ever survived a vehicle fire — whether the result of a car, truck or motorcycle accident, or because of a defective vehicle component – can truly be considered lucky. It’s one thing to be injured in a traffic collision and have to wait for emergency personal or EMS crews to rescue that person from a disables vehicle, but to be trapped or otherwise unable to get away from a burning passenger car or commercial vehicle is an ordeal not soon forgotten.

As Maryland personal injury lawyers, I and my staff have viewed the aftermath of enough car and truck fires to understand the devastating potential that a vehicular conflagration can present. With gallons of gasoline or diesel fuel leaking from a fuel tank or fuel line, the simplest spark from static electricity or other source can ignite the flammable liquid, causing the entire vehicle to be engulfed in flames within mintues, of not seconds.

Time is of the essence in situations like this. Police and firefighters know the dangers, but will risk their own lives to rescue a helpless occupant of a burning sedan, minivan or sport utility vehicle. It’s just another example of the selfless sacrifice witnessed everyday across this country.

Although car accidents are one such cause of vehicle fires, there are others; such as fires at gasoline pump islands at service stations. While gas stations are designed for maximum safety, it doesn’t take much for a simple accident — such as a pump not shutting off automatically — to result in pouring several quarts of volatile fuel onto a vehicle and its driver.

Baltimore Traffic Accident News: Pedestrian Hit-and-Runs around Maryland Still Cause for Concern

October 29, 2011 | Lebowitz & Mzhen

Most anyone who has been following the news over the past few months likely could not help but notice the spate of hit-and-run motor vehicle accidents involving cars, pedestrians and bicyclists throughout parts of Maryland. Of all the different kinds of roadway collisions that can occur, pedestrian accidents are among the most likely to cause serious bodily harm and even death.

People on foot or riding their bikes who are hit by a passenger car, motor scooter or commercial delivery truck can be thrown to the ground with tragic results. While the lucky ones may only receive bumps and bruises, other injuries, such as cuts and lacerations, broken bones and contusions, as well as head and back injuries can also occur.

Closed-head trauma (or traumatic brain injuries) are not uncommon and can place the life of the victim in jeopardy depending on the severity of the impact and the extent of the damage inflicted to the individual’s brain. Partial or complete paralysis, trouble with motor function and cognitive ability and other life-threatening conditions can result from a blow to the head or injury to a person’s spinal cord.

A recent news article made clear the concern that Maryland residents are feeling in the wake of recent hit-and-run accidents around the state. As Maryland auto injury attorneys and Washington, D.C., personal injury lawyers, we too are shocked by the apparent heartless, thoughtless and callous actions of those few individuals who leave the scene of an injury accident without so much as a thought for fellow human beings who may be hurt or critically injured in the wake of a roadway accident.

According to reports, Anne Arundel County police released a surveillance photo of a vehicle that allegedly struck and killed 38-year-old James Schreiber, Jr., just one of many people killed or injured by careless individuals plying Maryland’s roadways. In the Schreiber case, police believe that the vehicle which killed the man had a temporary dealership or vehicle transporter tag affixed to the tailgate on the driver’s side tailgate, just below the rear window.

While police investigators suggest that this upswing in hit-and-runs is simply an anomaly, the observation is little comfort to the victims of these potentially deadly collisions. Crashes like the one that sent a 20-year-old Bulgarian university student to the hospital with a broken clavicle after he was hit by an unidentified vehicle on August 23 while bicycling with friends along a stretch of Forest Drive.

Baltimore Personal Injury, Auto Accident News: Despite New Law, Texting Still Poses Danger to Maryland Drivers

October 27, 2011 | Lebowitz & Mzhen

As most everyone understands by now, texting while driving is one of the more dangerous activities that a motorist can undertake while operating a passenger car or commercial truck. Since the advent of text-capable cell phones and now smart phones, thousands of traffic accidents have been attributed to drivers texting or being otherwise distracted.

Numerous studies have been conducted been conducted over the years most of which link texting directly to, or as a contributing factor in, roadway collisions. Many of these car, truck and motorcycle crashes were serious enough to require hospitalization; some of them were tragically fatal to the driver and/or occupants of one or both vehicles involved. As Maryland personal injury attorneys and automobile accident lawyers, we know how a seemingly simple distraction can cause a driver to miss or ignore a dangerous situation developing on the road.

In fact, one of those studies from a couple years back cited the chances for a traffic accident occurring when a commercial truck driver was texting at more than 20-times in the absence of texting. While that study was based on data collected directly from video observations of truck drivers in-cab and also from trucking accident reports, one could easily assume that the average passenger car driver is at least as likely to get into an accident while texting as any commercial driver, if only because truckers are on the whole trained professionals who drive for a living.

In any event, the study out of Virginia Tech’s Transportation Institute found that the main reason why texting while driving is so dangerous is the fact that the operators eyes must look away from the road and focus on a relatively small display screen. Experts tend to agree that taking one’s eyes off the road for more than two seconds while operating a passenger car or truck represents a dangerous driving condition.

Maryland Auto Accident News: Police Suspect Faulty Wheel and Alcohol in Baltimore Beltway Single-car Crash

October 24, 2011 | Lebowitz & Mzhen

Drinking and driving is a quick way to put oneself into the hospital, or worse. There is no end to the good arguments for curbing drunk driving, while there is no legitimate rationale to defend the practice. Every year, tens of thousands of people are hurt or killed by drunken drivers, including the offenders themselves. Even when there are no other factors that might contribute to a crash, just being impaired can be a cause in and of itself for a serious or fatal traffic accident.

As Maryland personal injury lawyers, I and my staff understand how circumstances can conspire to create the opportunity for a tragic car, truck or motorcycle accident. How a driver reacts when such conditions occur can make the difference between a simple fender-bender, a serious roadway collision, or a fatal car or commercial truck wreck. A driver who actively drinks and drives only increases the chances of his or her being less able to respond quickly to an accident situation.

One type of automobile crash can be caused by a failure of a car or truck’s safety or critical operating systems, such as steering or braking component failure or malfunction. When a defective component that is critical to controlling a vehicle fails, the driver may not be able to avoid an accident. Being drunk at the time of a catastrophic mechanical failure only makes it more difficult to react to the event.

Baltimore Auto Injury Accident Update: Passengers Suffer from Numerous Injuries Post-crash including Soft Tissue

October 22, 2011 | Lebowitz & Mzhen

Personal injury and property damage are two of the main results of most any traffic accident. Whether you live in Rockville, Annapolis, the District or here in Baltimore, a serious automobile, truck or motorcycle collision can put one or more people in the hospital with potentially life-altering injuries.

Car, cycle and commercial trucking wrecks are usually caused by one or more factors, not the least of which may include a drunk or distracted driver, an uninsured or under-insured motorist, an inexperienced or under-qualified truck driver, or a negligent hit-and-run driver, among others. As a roadway accident victim or relative of an individual injured or killed in a highway collision, sometimes litigation is the only option to recovering sometimes huge medical costs and rehabilitation expenses following a serious traffic wreck.

As Maryland personal injury attorneys, I and my colleagues know the pain and suffering that even a moderate fender-bender can cause, much less a violent roll-over crash or head-on collision. Injuries sustained in the worst of these accidents can entail whiplash and other injuries to the neck and spine, nerve damage and possible paralysis, simple and compound fractures of the legs and arms, as well as potentially fatal closed-head trauma.

Two Marylanders Killed in Multi-vehicle Car Wreck following Head-on Collision in Charles County

October 17, 2011 | Lebowitz & Mzhen

It’s a sad reality that older people, especially elderly men and women, can die more easily in a car or commercial trucking accident than can younger persons. While older folks have the advantage of greater driving experience, when it comes to unavoidable traffic accidents, the odds of a young driver or passenger surviving a serious car or truck crash is likely better than that of an elderly motorist.

As Maryland personal injury attorneys, we see victims of traffic accidents ranging in age from the very young to senior citizens. These people, from infants and children to parent, grandparents and the elderly, all have one thing in common; they were injured though the thoughtless or negligent actions of another driver.

While different people are affected differently during car and truck wrecks, the unfortunate truth is that many receive serious to near-fatal injuries as a result of a traffic collision. Head and neck injuries are quite common, while broken bones, compound fractures and internal injuries are also not uncommon. Depending on vehicle speed, road and weather conditions, as well as occupant position within a vehicle, fatalities can result during a front, side or rear-impact scenario.

Tangling with a large box truck, city bus, or 18-wheel tractor-trailer can also contribute to the severity of a roadway collision. Whatever the cause, the aftermath in terms of injury, medical costs and financial impact to the family as a whole can be devastating on so many levels. In the case of fatal highway wrecks, no amount of compensation can bring back a lost loved one, but recovering the cost of sometimes exorbitant medical bills and lost wages can give the survivors a better chance to continue with their own lives.

Not long ago, an older couple was tragically killed in a traffic accident in Benedict, MD. According to news reports, a multi-vehicle crash along a stretch of Rte 231 just west of the Patuxent River Bridge involved four separate vehicles and injured a handful of others, in addition to killing the two victims in one of the automobiles.

As Baltimore car, truck and motorcycle accident attorneys, we represent victims of auto accidents in Maryland and the Washington, D.C., area. In this particular instance, the Friday morning accident, which occurred just before noon, involved a rather small car carrying the two victims and a rental truck belonging to the Penske rental firm. Based on reports, Franz and Evelyn Sommer, aged 84 and 67 respectively, were riding in a 2011 Ford Focus when it was hit from behind by the box truck while waiting to turn left from the eastbound lanes at the intersection of Rte 231 and Dicandia Dorsey Place.

Baltimore Auto Injury News: Anne Arundel County’s Growing List of Hit-and-Run Accidents

October 13, 2011 | Lebowitz & Mzhen

We touched on this in a previous item, but the problem of hit-and-run automobile and commercial truck collisions is nothing to take lightly, especially in urban areas like Annapolis, Frederick and Washington, D.C. The question for more people is why would someone who apparently knows full well that he or she just struck another person with a motor vehicle not stop to lend aid or at the very least call 911 to report the incident and wait at the scene of the crash until the police arrive.

Personal responsibility, or the lack of it, is the underlying issue here. As members of society we all have a responsibility to our neighbors and fellow citizens. Without this basic trait, an individual shows that he may have less of an appreciation for life and the rules of a civilized society than those around him.

Of course, self preservation can be one explanation for running from the scene of a hit-and-run accident, especially one that proves fatal to the victim, but this is not looked upon by the community as a redeeming characteristic; nor does law enforcement or the judicial system find such behavior acceptable. As Baltimore car and motorcycle accident attorneys, as well as Maryland personal injury lawyers, we find it a sad commentary on our modern times when we see so many cases of fatal and near-fatal hit-and-run crashes across this state.

A recent article lists a number of serious traffic accidents that have occurred during the past year in the county. These accidents have killed numerous people and left others seriously injured. There is little excuse for the actions of those responsible, yet the list is bound to get longer as the year comes to an end. We can only hope that the trend my reverse at some point, but that is something no one can predict.

Maryland Injury Law Update: Defective Vehicle Suit? Having Expert Witnesses Can Make or Break a Case

October 10, 2011 | Lebowitz & Mzhen

For those who think that winning a defective vehicle suit following an injury-related traffic accident or fatal roadway crash involving a car, truck or motorcycle, you may want to reconsider. As much as it is heartening to believe you have an open and shut case of product liability, the fact is these kinds of law suits are typically heard by juries that may or may not understand the technical details involved.

Furthermore, as Baltimore auto accident lawyers and Maryland personal injury attorneys, we know that bringing in a professional or expert witness for the plaintiff’s side is more than a good idea; it’s often necessary if the court is to allow a case to continue. In the interest of justice, having all the necessary tools at one’s disposal can make the difference between winning a case on its merits, or losing due to partial measures.

A recently-decided appellate case (D. Show and M. Federici v. Ford Motor Company) demonstrates what can happen if the plaintiff either chooses not to hire an expert witness or believes his or her case can stand on the general facts alone. In this particular instance, the plaintiffs’ 1993 Ford Explorer was involved in a traffic collision, during which the SUV rolled over, injuring the occupants, David Show and Maria Federici.

According to court records, the plaintiffs’ vehicle was moving through a roadway intersection at about 30mph when it was hit by another car in the vicinity of its left-rear wheel. As a result of the impact, the Explorer rolled over. In such cases, it’s not uncommon for the driver and passengers inside the vehicle to receive injuries ranging from cuts and bruises to broken bones and closed-head trauma. Under some circumstances, fatalities can result from a car crash such as this.

In bringing their suit against Ford, Show and Federici contended that the Explorer was defective because its design rendered it unstable. However, the basis for this claim was apparently insufficient and the suit was removed under the diversity jurisdiction and the parties consented to a final decision by a magistrate judge.

Unfortunately for the plaintiffs, they failed to designate an expert to testify regarding the vehicle’s design as it applied to stability and operational control of the vehicle. Because of this, the magistrate judge ruled that the lawsuit could not go forward without the necessary expert testimony, granting summary judgment to Ford Motor Company.

Baltimore Auto Injury News: Suit Blames Employer for Maryland Man’s Drowsy-Driving Accident

October 6, 2011 | Lebowitz & Mzhen

The results of sleep-related car and truck crashes can be serious to say the least. As news articles and television reports often indicate, drowsy driving can be as deadly as drunken driving, with similar consequences for all parties involved. As a Maryland personal injury attorneys, as well as automobile and commercial trucking accident lawyers, my firm has seen the unfortunate outcome of sleep deprivation on the state’s roadways.

As a kind of driver negligence, drowsy driving is starting to be looked at as a chargeable offense in many states, as DWI or DUI is currently. While often found to be involved in many commercial trucking wrecks, it appears that sleep deprived individuals from all walks of life are posing risks to other motorists in the roads here in Maryland.

As mentioned in earlier entries, a poll by the National Sleep Foundation (NSF) determined that almost two million motorists nationwide are involved in sleep-deprived or drowsy driving-related road accidents or near misses annually. What most people fail to realize is that the dangers of sleepiness can turn out to be fatal to both the driver who operates his or her vehicle in a less than alert state, as well as the innocent motorists and passengers in the surrounding traffic.

According to news reports, a recent Maryland lawsuit sought to place the responsibility of a deadly car crash on an employer who allegedly over worked one of its employees, thus setting the scene for a fatal automobile wreck back in 2006. One thing is certain; with downsizing a common problem at many companies, and with more and more workers being stretched to the limit, could this type of scenario become a trend?

Based on reports, a case that has been slowly making its way through the Maryland legal system raises the question of whether an employer can or should be held responsible when a sleep-deprived employee causes a severe or fatal accident.

The incident that set this particular case in motion happened on a day in late January 2006, when two men from Carroll County are involved in a fatal morning commuting crash along a stretch of Maryland’s Rte 31. According to news articles, 37-year-old Michael Barclay with the Anne Arundel County police was going to work traveling east on New Windsor Rd at about 7:30am as it approached an oncoming SUV driven by 55-year-old longshoreman, Christopher Richardson coming home from his job at the Port of Baltimore.