Maryland Car Accident Attorney Blog

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.

Maryland Auto Injury Update: State Supreme Court Reverses Appellate Court Ruling in Fatal Car Fire Case

October 3, 2011 | Lebowitz & Mzhen

Automobile and trucking-related accidents happen for a variety of reasons, not all of them connected with the driver. Although negligence or driver error is often cited as the cause of single- and multiple-vehicle collisions, there always exists the possibility of a faulty safety system, defective component or poor vehicle design that may have directly caused the accident, or contributed significantly to the event, and even the severity of the wreck.

As Baltimore auto accident attorneys and Maryland personal injury lawyers, I and my staff have the training and experience to represent car, truck and motorcycle crash victims and their families. Whatever the cause of a roadway collision, the potential for bodily injury is usually quite high, depending on the circumstances and traffic conditions at the time of the incident.

It goes without saying that injuries can range from minor to critical, sometimes even fatal considering the speed and orientation of the vehicles just before impact. Cuts, heavy bruising and abrasions are the least of the injuries that occupants of a sedan, SUV or minivan can receive. Increase the force of the collision and the potential for broken bones, compound fractures and internal injuries rise as well. In some cases, such as head-on wrecks, traumatic brain injury is a distinct possibility, as is spinal cord damage and lost limbs.

As we said, not every accident is the result of driver error or gross negligence. When a critical mechanical part of a car or truck fails the driver can lose control with little chance of steering or stopping the vehicle before a crash occurs. In some cases, failure of a safety component, such as a safety, seatbelt mounting or seat attachment hardware can make the effects of a crash worse, sometimes to the point of tipping the scales over to a fatal accident.

Not long ago, the Illinois Supreme Court overthrew a lower court ruling that affirmed a previous jury verdict in the case of Dora Mae Jablonski et al. v. Ford Motor Company et al., that of a fatal car crash and fire resulting from what the plaintiff’s legal team suggested was a defective design in a 1993 Lincoln Town Car. In the events leading up to the crash that precipitated the 2003 death of John Jablonski, the man and his wife were stopped in a construction zone on July 7th of that year when a Chevy Lumina traveling at highway speeds hit the couple’s Town Car from behind.

Anne Arundel Traffic Accident News: County and Law Enforcement to Address Fatal Pedestrian, Bike Collisions

September 30, 2011 | Lebowitz & Mzhen

Here in Baltimore, as in many other cities and towns across the state, car-pedestrian and car-bicycle accidents occur on an alarmingly frequent basis. While every traffic accident can pose serious medical issues for those involved, pedestrian crashes are particularly difficult to walk away from. As Maryland automobile and trucking accident lawyers, we know the extent to which a victim of such a collision may be injured, prevention is the best approach.

However, with densely populated areas like Annapolis, Frederick and Gaithersburg, avoiding injuries or deaths due to car, truck and motorcycle accidents is a tall order. Although car-to-car and truck-to-car accidents are more frequent than car-to-pedestrian or truck-to-bicycle collisions, the latter can be many times more dangerous for the berson on foot or riding their bike.

According to reports, authorities in Anne Arundel County have been attempting to raise awareness in the area of pedestrian and biking safety; particularly in the eastern portion of Anne Arundel, which sees more than its share of fatal pedestrian crashes.

The latest statistics show that eight persons on foot and one cyclist were killed in motor vehicle crashes this year to date across the county; four of those deaths occurred in the earner half of the county, which is where police have been targeting pedestrian and bicycle safety following these fatal accidents.

Based on news items, police in towns such as Brooklyn Park, MD, were given the assignment to stop motor vehicle drivers, as well as walkers, jogger and bikers whenever an officer observed someone violating the rules of the road. This included not only motorists who may have been ignoring bike lanes, but also pedestrians who are seen jaywalking in the street. Issuing of warnings has generally been the order of the day; however officers have not been shy about writing tickets for more egregious offenses.

Baltimore Auto Accident News: Could Text-to-Voice Cellphone Services Reduce Car Crashes in Maryland?

September 29, 2011 | Lebowitz & Mzhen

Nearly anyone who operates a motor vehicle on our interstates or in urban centers will agree that traffic safety is a primary concern. Whether you live, work or travel in and around Frederick, Hagerstown, Cumberland or Washington, D.C., you have likely seen examples of bad driving habits, poor traffic safety, or dangerous vehicle operation; some have maybe even been involved in a collision with another passenger car, SUV, motorcycle or commercial truck.

As Maryland personal injury lawyers, our job first and foremost is to represent the victims of auto accidents and motorcycle wrecks, as well as their families. One area that has gained attention over recent years is the problem of distracted driving exacerbated by cellphone and now smartphone usage. Texting in particular has become a very dangerous pastime for a percentage of the driving public; endangering the lives of most everyone on the road.

A driver can be distracted by a variety of things on the road, but holding a smartphone while trying to text or reading a message off a small screen is one of the more dangerous driving activities. Traffic accident statistics are peppered with cellphone use as one of the contributing factors to accidents involving passenger cars, commercial delivery trucks and 18-wheel tractor-trailer rigs.

Depending on the conditions at the time of the crash, injuries can be serious to life-threatening, not to mention instantly fatal. Occupants of smaller vehicles are particularly at risk, due in part to the huge difference in mass between larger trucks and standard-size automobile. Fatal traffic accidents are known to be caused by distractions involving cellphones and other PDA devices.