Posted On: July 27, 2010

Washington DC Train Accident: NTSB Cites Systemic Problems Even Before the Metrorail Crash that Killed 9 People

According to the National Transportation Safety Board, Metro was experiencing systemic issues even before the June 2009 Washington DC train crash that left 9 people dead and injured at least 70 others. The Red Line collision, called the worst in Metrorail’s 34-year history, involved one transit train rear-ending another during rush hour. One train ended up jackknifing and falling on top of the other train.

The Metro’s tracks were not working properly at the time and did not automatically slow down the approaching train. This means that the train operator of that train was getting messages telling her that she could keep going at a speed of 55 mph. She applied the emergency brakes three seconds after seeing the other train. Although the brakes worked, this only gave the train enough time to slow down to 44mph by the time of impact. Now, NTSB Chairwoman Deborah A.P. Hersman is saying that Metro was on a collision course long before this train accident and that its safety system had already been compromised.

Prior to the June 2009 DC Metrorail accident, there had been other fatal crashes that had killed employees. Unfortunately, according to Hersman, Metro failed to implement the needed prevented measures after they happened.

Metro says that it now assesses track circuit performance two times a day, has put into place a new test to find circuits that may be prone to problems, and is no longer mixing train control parts from different makers. Its trains are now being operated manually instead of automatically.

Meantime, the Washington Metropolitan Area Transit Authority is trying to get the Washington DC wrongful death lawsuit, filed by the families of the victims that were killed in the train crash, dismissed on the grounds that the defendant is a “quasi-government entity” that therefore has “sovereign immunity” from such complaints. The families Washington DC wrongful death lawyers are fighting this request.

NTSB: Metro had systemic problems before crash, AP/Google, July 27, 2010

Where crash report leaves Metro riders, Washington Post, July 27, 2010

One Year After Deadliest Metro Train Crash, Families of Victims Oppose WMATA's Motion to Dismiss Washington DC Wrongful Death Lawsuit, Washington DC Injury Lawyer Blog, June 26, 2010

At Least 9 Dead After D.C. Metro Trains Crash, Fox News, June 23, 2009


Related Web Resources:
Washington Metropolitan Transit Authority

National Transportation Safety Board

Posted On: July 21, 2010

Washington DC Pedestrian Accident Kills 11-Year-Old Boy in Georgetown

11-year-old Zachary Hodges has died. The boy passed away on July 12 one day after sustaining a severe head injury during a Georgetown pedestrian accident in Washington DC.

The woman whose car struck Hodges did not sustain any injuries. Following the Washington DC pedestrian accident site, the driver and her passenger stayed at the crash site.

Hodges is not from the area. His family was in Washington DC for a visit when the tragic accident occurred.

Child Pedestrians
Young children are at high risk of becoming involved in a pedestrian accident. Not only are they smaller and harder for some motorists to see, but they lack the judgment to known when it is safe to cross the street, sometimes opting to run into the road to pick up a ball or get to their friends who are playing on the opposite sidewalk. Many young children have no real sense that crossing the street can be dangerous. They may have a hard time gauging how fast a car is moving or whether there is enough time to cross the road before they are hit by a motor vehicle.

Although parents are responsible for training their child to safely cross the street and making sure that younger kids do not cross the street without adult supervision, it is still a motorist’s responsibility to drive safely, obey the traffic laws, and refrain from negligent or careless driving so that they don't accidentally injure a pedestrian.

Name Of Texas Boy Killed In D.C. Auto-Pedestrian Accident Released, KWTX, July 13, 2010

Boy struck by car in Georgetown dies, The Washington Post, July 12, 2010


Related Web Resources:
Educating Child Pedestrians, WalkingInfo

District Department of Transportation

Maryland Accident Law Blog

Continue reading " Washington DC Pedestrian Accident Kills 11-Year-Old Boy in Georgetown " »

Posted On: July 19, 2010

$20 Million Washington DC Wrongful Death Case is Next for Three Men Acquitted of Covering Up Dupont Circle Murder

Although Dylan Ward, Victor Zaborsky, and Joseph Price have been acquitted on charges that that they covered up the 2006 murder of DC lawyer Robert Wone, their legal troubles are far from over. They now must deal with a $20 million Washington DC wrongful death lawsuit accusing them of negligence, conspiracy, and spoliation of evidence.

Wone, a 32-year-old attorney for Radio Free Asia, was stabbed three times in the chest on August 2, 2006 at the DuPont Circle house shared by Ward, Price, and Zaborsky, who are in a polyamorous relationship with each other. The three defendants have always said that an unknown intruder murdered Wone. However, no evidence of a break-in has ever been found and no one was ever charged with murdering Wone.

Zaborsky, Ward, and Price were acquitted of the charges of conspiracy, obstruction of justice, and evidence tampering. However, that doesn’t mean that Wone’s widow, Katherine, doesn’t have a good chance of collecting Washington DC wrongful death recovery from them.

Even the judge that presided over the criminal case said that she believed that the thee men know more about what happened than what they are telling the cops. Katherine Wone is not waiving her right to a jury trial.

In her Washington DC wrongful death complaint, filed in November 2008, Katherine is accusing all three men of reckless, negligent, and intentional acts that contributed to her husband’s death. She also contends that they did not do enough to save her husband after he was stabbed. Investigators have said that the roommates waited some 19 to 49 minutes before contacting 911.

Civil Fight Looms for Defendants in Case of Murdered D.C. Lawyer, Law.com, July 7, 2010

3 men found not guilty in Wone murder mystery, Wtop, June 30, 2010

Wone's Widow Files $20M Wrongful Death Civil Suit, News8Net, November 26, 2008

Related Web Resources:
Summary of State Wrongful Death and Intestacy Statutes, Justice.gov (Pdf)

Wrongful Death, Nolo


Posted On: July 12, 2010

Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool

A Washington DC drowning accident has claimed the life of a young girl. The six-year-old girl who was pulled from a Turkey Thicket Recreation Center pool on June 23 was later pronounced dead at Children's National Medical Center.

Bystanders performed cardiopulmonary resuscitation on the victim while waiting for fire and rescue officials to arrive. A lifeguard was on duty when the girl drowned.

Witnesses say the girl jumped into the deep end from the diving board and that at the time the pool was very crowded. According to reports, it was the next person to get on the diving board who notified the lifeguard that the young girl was at the pool bottom. The pool is about 12-feet deep.

Child Drowning Facts (CDC):

• There were 3,443 accidental drowning deaths in the US in 2007.
• More than one in every five drowning deaths are kids from the 14 and under age group.
• For every child drowning death, four other children will have received emergency medical care for their drowning injuries.
• Drowning injuries can result in permanent brain damage.

Reasons why a pool drowning victim or his/her family may have grounds for a Washington DC personal injury or wrongful death claim:

• Inadequate safety equipment
• Lack of supervision by a lifeguard or a qualified adult
• Failure to warn that there is no lifeguard on duty
• Improper maintenance
• Improperly attached ladders
Maryland slip and fall hazards
• Improperly installed diving boards
• Failure to clean the pool properly, which can make it hard to see anyone who may be drowning
• Failure install the regulation pool drain that is now mandated by law
• Failure to secure/lock pool area during off hours

6-year-old drowns in NE D.C. public pool, Washington Post, June 23, 2010

Young Girl Drowns At DC Rec Center Pool, WUSA9, June 23, 2010

Unintentional Drowning: Fact Sheet, CDC


Related Web Resources:
Turkey Thicket Recreation Center

Pool and Spa Safety Publications, Consumer Product Safety Commission

Maryland Accident Law Blog

Continue reading " Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool " »

Posted On: July 9, 2010

Ford, Chrysler, and Toyota Announce Auto Recalls

More recalls announced by big auto manufacturers. Ford says it is recalling 33,700 Transit Connect small commercial vans because an interior liner does not meet all safety requirements for head protection. The National Highway Traffic Safety Administration says that this auto defect increases an occupant’s risk of injury during a car accident.

Ford is telling its dealers to stop delivering the vehicles, manufactured between December 2008 and May 2010, until a revised head protection can be installed.

In other recall news, Chrysler is recalling up to 22,000 autos, including certain 2010 Jeep Liberty and Wrangler, Ram 1500 trucks, and Dodge Nitro, that were made in April and May 2010. The vehicles may have an improper fluid tube that can cause break fluid leaks.

Our Washington DC auto products liability law firm wants to remind our readers that if you believe that your Washington DC car accident occurred because of an auto defect or a car part that malfunctioned, you may be able to hold the automaker liable. Negligent motorists and other responsible parties may also be liable for Washington DC personal injury.

Meantime, Toyota has announced another two recalls. The car manufacturer is recalling 138,000 Crown and Lexus autos in the US because of defective engine valve springs. This auto defect can cause a moving car to stall. Vehicles affected were manufactured between July 2005 and August 2008. Toyota is recalling another 132,000 vehicles abroad for the same defect. Reuters says that the automaker has known about this problem for three years.

Toyota is also recalling 17,000 Lexus luxury hybrids. A NHTSA test found that that gasoline can spill from the auto during a rear-end collision. Toyota is trying to replicate NHTSA’s findings.

Since October, Toyota has recalled more than 8.5 million cars because of different safety issues, including sticky gas pedals, brake problems, ill-fitting floor mats, and sudden unintended accelerations Already, more than 200 personal injury and wrongful death lawsuits claiming auto products liability have been filed.

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

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

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


Related Web Resources:
Maryland Car Accident Attorney

Safercar.gov

Posted On: July 6, 2010

Washington DC Car Accident Involving Metro Bus Causes Injuries

Five people were taken to the hospital early Monday after a Metro Bus and two other vehicles were involved in a Washington DC car accident. According to police, the traffic crash happened when one of the cars, a Camaro, ran a red light and struck the bus, which caused the commercial vehicle to hit a tree and a parked auto. The Washington DC injury accident occurred at 15th Street and Pennsylvania Avenue.

Intersections are one of the most common places where a car accident is likely to occur. Drivers who run a red light, fail to stop at a stop sign, fail to yield the right of way, neglect to wait for a pedestrian to finish crossing the street, speed, text or talk on the cell phone are at risk of causing serious injuries to themselves or others. Poor road design and traffic sign defects are another common cause of traffic crashes at intersections.

Our Washington DC car accident lawyers are familiar with the high emotional, physical, and financial toll that becoming a victim of a traffic crash can cost the injured party and his/her family. Recovering from a catastrophic injury can take months or even years. Often, one’s own car insurance policy is not enough to cover the costs of medical bills, recovery expenses, lost wages, rehabilitation costs, and other damages.

In Washington DC, you have three years from the time of injury (the Discovery Rule does apply) to file your Washington DC personal injury lawsuit. The sooner you begin exploring your legal options the earlier your Washington DC car accident lawyer can get started pursuing your financial recovery.

Car Runs Red Light, Hits Metro Bus in SE; 5 Hospitalized, NewsChannel8, July 5, 2010

15th Street and Pennsylvania Avenue, WTOP, July 5, 2010


Related Web Resource:
Washington Metropolitan Transit Authority