Washington DC Injury Lawyer Blog

The U.S. Department of Transportation is proposing a federal rule that would ban commercial truck drivers and bus drivers from texting. The proposal comes after an interim ban that Transportation Secretary Ray LaHood announced in January. The ban would apply to commercial drivers of vehicles weighing more than 10,000 pounds and will hopefully decrease the number of truck accidents and bus crashes that happen.

According to research by the Federal Motor Carrier Safety Administration, drivers who text have their eyes off the road for 4.5 seconds out of every 6 seconds. During that time, a vehicle moving at a speed of 55 mph while have traveled the length of a football field. Texting motorists also have a 20 times greater chance than drivers that aren't distracted of getting involved in a traffic crash. The FMCSA says that it is working on other regulations related to electronic devices.

It is now no longer mere speculation that while texting while driving is dangerous for all motorists, it is especially so for truck drivers—who, as last year’s Virginia Tech Transportation Institute reports, are 23 time more likely to become involved in a near-accident or an actual truck crash when they text and drive at the same time. When this occurs, it is usually the occupants of the other vehicles, pedestrians, motorcyclists, or bicyclists involved in the truck collision that suffer.

Fortunately, there is already a law in the District that bans all drivers from texting. However, that doesn’t necessarily stop people from resisting the urge to compose a text or read one while behind the wheel of a vehicle.

If you were injured by a trucker who was texting, speeding, driving drunk, talking on the cell phone, distracted, sleeping, overmedicated, watching TV, surfing the Web, or engaged in any other behavior while driving, do not hesitate to contact our Washington DC tractor-trailer accident lawyers immediately.

DOT proposes truck texting ban, Washington Post, March 31, 2010

U.S. Transportation Secretary Ray LaHood Proposes Rule to Ban Texting for Truck and Bus Drivers, US Department of Transportation, March 31, 2010

Related Web Resources:
Federal Motor Carrier Safety Administration

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech, July 29, 2009

Trucking Accident Lawyer Blog, Lebowitz & Mzhen

Karen Feld, a socialite and a former DC gossip columnist, is suing Inger Sheinbaum, her former home-care companion and private nurse, for $1.5 million. Feld is alleging Washington DC nursing home neglect and fraud.

According to Feld, Sheinbaum lied about her qualifications as a registered nurse, failed to perform the nursing duties she was hired for, and allowed men who didn’t have permission into the 62-year-old woman’s hospital room. Feld, who had to undergo brain surgery in January 2008, hired the 61-year-old nurse because she needed 24-hour nursing care while she recovered.

Feld claims that Sheinbaum was away during numerous "critical junctures.” After one week of employment, Sheinbaum resigned. The nurse claims that Feld allegedly attacked her during a rant that included profanity. Sheinbaum’s legal representation says that the Washington DC injury lawsuit is unfounded.

Washington DC Nursing Home Negligence
Nursing home abuse can happen at an assisted living facility or in a private residence. If you suspect nursing home neglect or abuse, it is important that you remove your loved one from the situation right away as their health and safety may be at serious risk.

People hire a private nurse or check into a Washington DC nursing home because they cannot live alone and/or need medical help. Failure to provide that care or intentionally inflicting harm on the patient is nursing home negligence.

Unfortunately, sick and elderly people are easy targets when it comes to abuse and neglect. It doesn’t help that victims are often too sick, frail, or scared to report what is happening to them.

Latest Feld lawsuit alleges fraud and negligence by nurse, Washington Post, March 25, 2010

Elder Abuse and Neglect, Helpguide.org

Related Web Resources:
Washington DC Nursing Homes

Nursing Home Compare, Medicare.gov

US News & World Report has just put out its first Best States for Teen Drivers ranking and the District of Columbia tops the list. One reason for this is that Washington DC has some of the strictest laws governing teen drivers and their driving requirements. The state of Maryland placed 4th. This is good news for Washington DC and Maryland teen drivers, considering that car accidents are considered the number one cause of fatalities to teens in the 16-19 age group. Over 4,000 teenagers die every year.

That said, there is always more that can be done to prevent the number of Washington DC car accidents involving teen drivers.

Per a recent study about teen drivers by Allstate Foundation:

• 61% of teens are concerned they might get involved in a car accident
• 82% of teen drivers say that they use a cell phone when operating a motor vehicle
• 42% say that they text message and instant message when driving
• 65% of teenaged drivers think that they are good motorists that pay attention when driving
• Parents are the #1 influence when it comes to teenage drivers

It is so important that teens aren’t distracted when driving. Learning how to drive safely and correctly is challenging enough without the dangers posed by cell phone conversations, text messages, alcohol, or drugs.

Washington DC has a graduated licensing program (Gradual Rearing of Adult Drivers) that imposes certain temporary restrictions on young drivers so that they can gradually gain experience. Also, DC drivers with a learner’s permit are banned from using any kind of cell phone while driving and all Washington DC drivers are prohibited from texting and talking on a handheld cell phone.

D.C. Tops New Ranking of Safest Places for Teen Drivers, US News & World Report, March 18, 2010

U.S. News Media Group and Allstate Insurance Company Release 2010 Best States for Teen Drivers, PR Newswire, March 18, 2010

Related Web Resources:
Teen Drivers, CDC

The Graduated Licensing Program, District of Columbia Department of Motor Vehicles

Allstate Foundation

Continue reading " US News & World Report Ranks Washington DC as Safest Place for Teen Drivers " »

According to the US Department of Transportation’s National Highway Traffic Safety Administration, the number of US traffic fatalities dropped to 33,963 in 2009. That’s an 8.9% decrease from 2008 when there were 37,261 highway deaths. This is also the lowest that the US traffic fatality figure has dropped down to since 1994, and the 15th quarter in a row that there has been a decrease.

While National Highway Traffic Safety Administrator David Strickland called the continued decrease in traffic deaths encouraging, he says that the government will keep working hard to keep bringing the death toll down. The NHTSA took aggressive action last year to stop motorists from drinking with its Drunk Driving. Over the Limit. Under Arrest campaign. It's Click It or Ticket campaign cited people for not putting on their seat belt. The federal government also made great strides toward discouraging distracted driving—especially cell phone use and text messaging while operating a motor vehicle.

Our Washington DC personal injury lawyers applaud the government’s effort to lower the number of traffic deaths. We also are in agreement that there is more than can be done to encourage drivers to operate their cars responsibly so that more vehicle occupants and pedestrians don’t get hurt or die unnecessarily.

Just last week, US Senate majority Leader Harry Reid’s wife and daughter were injured in a semi-truck crash near Washington DC. Landra Reid, 69, and Lara Barringer, 49, received medical attention after they were struck by a tractor-trailer.

Landra suffered a broken back, nose, and neck, while Lana, who sustained cuts, was examined by a neurologist because she has been experiencing dizziness. Trucker Alan W. Snader was charged with reckless driving for his role in the tractor-trailer crash.

Traffic Fatalities for 2009 Reach Record Low, NHTSA, March 11, 2010

Reid's wife, daughter recovering from truck crash, Associated Press, March 16, 2010

Related Web Resources:
Early estimate of motor vehicle traffic fatalities in 2009, NHTSA (PDF)

District Department of Transportation

Continue reading " 33,963 US Highway Deaths in 2009, Reports US DOT " »

The US Supreme Court has agreed to determine whether a federal law protects vaccine manufacturers from certain kinds of products liability lawsuits in the event of vaccine injuries. The case involves 17-year-old Hannah Bruesewitz who, during the first 6-months after she was born was vaccinated against tetanus, diphtheria, and pertussis with 3 DPT vaccines. She would go on develop residual seizure disorder.

Because Hannah suffers from serious developmental impairments, her parents say that she will require a lifetime of care.

Russell and Robale Bruesewitz submitted their petition to the U.S. Court of Federal Claims. When their claim was turned down, they filed a dangerous drug lawsuit against vaccine maker Wyeth. They claim that the pharmaceutical company could have marketed a vaccine that was safer and included better warnings about its possible risks. The drug maker has denied that its vaccine caused the girl’s injuries. It has, however, discontinued the DPT vaccine.

In 2009, an appeals court determined that the National Childhood Vaccine Injury Act of 1986 preempted the Bruesewitz's injuries to a child complaint. The act, which provides compensation for vaccine injuries, protects vaccine manufacturers from products liability complaints. An injured party cannot sue the vaccine maker if the side effects that were sustained were unavoidable and even if the vaccine came with the correct directions and warnings and was manufactured properly.

Oral arguments in the Supreme Court case, Bruesewitz v. Wyeth, 09-152, will likely take place in the fall. The nation’s highest court agreed to hear the case following decisions by lower courts that conflicted with one another. Some 5,000 claims are pending that link neurological damage to childhood vaccines.

High Court Wades Into Funeral Protests, Vaccines, Wall Street Journal, March 9, 2010

Court to decide if vaccine makers can be sued, Reuters, March 8, 2010

Related Web Resources:
Vaccines, Centers for Disease Control and Prevention

National Vaccine Injury Compensation Program (VICP), HRSA.gov

Continue reading " Injuries to Children: US Supreme Court to Rule On Whether Vaccine Injuries Allow for Products Liability Lawsuits " »

The D.C. Fire and Emergency Medical Services is investigating whether Washington DC paramedic errors occurred during the handling of a 911 call about a 2-year-old girl. The toddler was having breathing problems early on the morning of February 10 when paramedics arrived to examine her.

The girl was not taken to the hospital and the paramedics left. About nine hours later, another 911 call was made about the same 2-year-old. This time, she was transported to Children’s National Medical Center. The girl died the next day.

Now, questions have surfaced as to why paramedics didn’t take her to the hospital sooner. A number of emergency workers who responded to the 911 call have been placed on administrative leave while the investigation takes place.

Washington DC Paramedic Malpractice
EMT’s and paramedics are often the first line of defense when it comes to saving the life of a person who is having a medical emergency. People don’t usually contact 911 for a minor medical symptom. Usually, there is a life or death situation occurring and someone needs medical help immediately.

Failure to provide that immediate medical care and evaluation can prove fatal—especially when a paramedic arrives at the scene and wrongly diagnoses a situation so that the patient doesn’t get the proper medical care that could save his/her life.

This is not the first time DC paramedics have come under scrutiny for their handling of emergency situations. In 2008, 38-year-old Edward L. Givens was examined by paramedics at his Northeast Washington residence. The paramedics left 12 minutes after arriving. He died from a heart attack hours later.

In 2006, paramedics failed to rush New York Times Reporter David E. Rosenbaum to the hospital after he was beaten and mugged. The medical workers thought that he was drunk. He died from his injuries. Rosenbaum’s family has settled their Washington DC wrongful death lawsuit with the District.

D.C. EMS faces review in death of girl, 2, The Washington Post, March 4, 2010

DC Medic Did Not Fill Out Paper Work In Child Death Case, 9 News Now, March 4, 2010

Continue reading " Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl " »