Maryland Car Accident Attorney Blog

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.

Maryland Rollover Accidents Represent One of the Most Dangerous and Catastrophic Roadway Crashes

September 27, 2011 | Lebowitz & Mzhen

Few would argue that most any car, truck or motorcycle accident has the potential for serious personal injury or even death. Certainly, even the most minor of automobile wrecks has the capability of causing a fair amount of bodily injury, if the circumstances are right. In fact, there should be no surprise to know that seatbelt usage and well-designed airbag systems can be life savers in low to medium speed accidents.

Striking one’s head on a hard automotive interior surface during a medium- to high-speed road accident can result in not only deep cuts and blood loss, but may also cause traumatic brain injury that can potentially lead to temporary or permanent disability. Emergency responders arriving at the scene of a mild to severe auto, bike or commercial trucking crash will usually recommend that victims be treated by a doctor to rule out any serious complications from a bump to the head.

Traumatic brain injury, also referred to as closed-head trauma, can result in a number of problems, some immediate and others that may develop over time. Along with head and neck injuries, damage to a person’s spinal cord can also have deleterious effects on one’s current and future health, not to mention the ability to hold a job and make a living for one’s family.

Of course, when considering any possible traffic wreck, preventing injury would be the first line of defense, which includes avoiding accidents altogether, or at the very least lessening the effects of a crash.

Baltimore Auto Injury News: Maryland Driver Gets 20 Years for Fatal DWI-related Traffic Accident

September 25, 2011 | Lebowitz & Mzhen

If you handle automobile accident cases such as those that occur every week here in Maryland, it doesn’t take long before one sees a drunk driving-related injury accident. And while serious traffic collisions are not uncommon, fatal car, truck and motorcycle wrecks happen frequently in and around Baltimore, Rockville, Gaithersburg and Washington, D.C.

As Maryland personal injury attorneys and car accident lawyers, I and my staff represent individuals and families who have been adversely affected by the negligence of other drivers. Whether through inattention, carelessness or malicious motivation, innocent victims of highway or urban automobile and commercial trucking crashes can be permanently disabled or killed as a result of a traffic wreck.

As mentioned in these pages on numerous occasions, the human toll from car and truck accidents can range between mild and severe, sometimes even fatal. Not only can passengers receive painful injuries such as broken bones, compound fractures, deep lacerations and dislocated joints, internal injuries as well as closed-head and spinal cord injuries can result from medium to high-speed collisions.

Trucking-related crashes can be some of the more intense wrecks and cause serious and sometimes fatal injuries to the driver and other occupants riding in a smaller passenger car that is hit by a big rig or commercial delivery vehicle. Of course, even collisions between smaller passenger cars can have serious repercussions for the occupants of sedans, minivan and sport utility vehicles (SUVs).

In particular, drunken driving accounts for a significant percentage of traffic fatalities here in Maryland and across the nation. State and local law enforcement agencies are constantly watching for intoxicated drivers, however many of these inconsiderate drivers go months or years without being involved in a serious car, truck or pedestrian accident. However, when a collision does occur, the results can be catastrophic for the occupants of either vehicle.

Fatal Pedestrian Traffic Accident Involving Maryland State Trooper Leaves Woman Dead in Queen Anne’s County

September 23, 2011 | Lebowitz & Mzhen

Pedestrian-automobile traffic accidents; this is a common topic in these pages and for good reason. In any urban area where foot and vehicular traffic mix there are bound to be serious and sometimes fatal collisions between walker, jogger and bicyclists and the larger passenger cars, light trucks, SUV and commercial vehicles. The fact of the matter is, pedestrian injuries and deaths happen with alarming frequency in Baltimore, Annapolis, Washington, D.C., as well as many other towns and cities throughout the state.

As Baltimore automobile / motorcycle accident lawyers and personal injury attorneys, we are hardly surprised anymore that Maryland residents traveling on foot or cycling tend to be struck by passenger vehicles and delivery trucks more often than those elsewhere around the nation. These kinds of accidents can result in closed-head trauma and other potentially fatal injuries.

If there is anything good about the situation, it is that added coverage of these mostly senseless accidents has hopefully raised public awareness to the point that people are taking more precautions when crossing city streets or other high-risk intersections and crosswalks. The same goes for bicyclists who not only must be aware of the dangers of the roads themselves, but also of the car and truck traffic with which they share the roadway.

We’ve mentioned it here before, but the statistics for pedestrian-car accidents are simply jaw-dropping, with an average of three individuals struck daily — that’s people every day — by a car or commercial truck in Washington, D.C., alone. Add to that figure, the more than 80 pedestrians and cyclists who were killed in fatal traffic collisions in 2010 across the District, Northern Virginia and suburban Maryland.

Nationwide, literally thousands of people die every year across this country after being hit by a car or truck. Sadly, many of these deaths that came at the hands of a negligent individual could possibly have been prevented with the proper awareness training or safer crosswalks and bike lanes.

Maryland Traffic Accident News: Baltimore and D.C. Motorists Ranked at Bottom of Allstate “Best Drivers” List

September 21, 2011 | Lebowitz & Mzhen

If this seems familiar, unfortunately it is; Baltimore, MD, has been ranked as one of the cities with the worst drivers. Placing near the very bottom of the Allstate Insurance annual “Best Drivers Report,” residents who drive here are more likely to have an accident than almost any of nearly 200 metropolitan areas across the U.S.

As Maryland personal injury attorneys, we are not surprised by the findings, since our own experience from the standpoint of auto, truck and motorcycle accident law, as well as being motorists ourselves. Apparently not many Marylanders disagree with the results either, based on the comments coming from the public following the publishing of Allstate’s survey results.

According to news reports, the Allstate report lists 193 cities all across the United States and all but one of those ranked better than Baltimore. And, not only is Baltimore apparently a haven for bad drivers, Washington, D.C., is not much better. But then again, more than one person has likely pointed out that driving in the District is a risky venture, at least from the standpoint of being caught up in a traffic accident.

This report only confirms what many resident of this state already know, which is to always use extreme caution when operating a motor vehicle along any of Maryland’s numerous publics road. As we know ourselves, single- and multiple-vehicle collisions involving car and commercial trucks are not uncommon in places like Rockville, Annapolis, Columbia, and Bowie, MD.

According to the report, Baltimore finished almost dead last, just ahead of Washington, D.C., the worst city for avoiding a roadway wreck. Even Newark came out ahead of Baltimore and the District.

Maryland Pedestrian Accident News: Pasadena, MD, Man Killed on Roadside by Hit-and-Run Driver

September 18, 2011 | Lebowitz & Mzhen

As motorists ourselves, we and the rest of the driving public here in Maryland can quite often the dangerous situations in which police officers and emergency responders find themselves on a daily basis. While patrolmen, firefighters and EMS personnel immediately come to mind when thinking about roadside car, motorcycle and trucking accidents, it’s easy to forget the sometimes overlooked tow truck driver.

As Baltimore auto, truck and motorcycle accident lawyers, as well as personal injury attorneys, we know that there are dozens of occupations that could be termed hazardous. And while it’s no surprise that high-iron construction workers and electrical linemen live their working lives on the edge, tow truck drivers and other roadside emergency personnel sometimes go unsung.

Over the past few years, police agencies have issuing policy changes to help their officers survive potential highway collisions while making traffic stops, attending to stranded motorists and controlling traffic at automobile and tractor-trailer crash scenes. The tow truck driver, many times on his own, is exposed to a high volume of vehicular traffic just scant feet away and whizzing by at 70mph or more.

It’s not surprising that these individuals make up a percentage of all roadway injuries and fatalities every year, across this state and the nation. Not long ago, a tow truck driver from the Pasadena area was killed by an alleged hit-and-run driver. According to news reports, 38-year-old James Schreiber, Jr. was helping the driver of a sewage hauler along a stretch of Rte 100 just before the Oakwood Rd. exit when he was reportedly hit by a Nissan sport utility vehicle that left the scene without stopping.