Washington DC Injury Lawyer Blog

While New Year’s Eve and Day are definitely occasions to mark with celebration, it is unfortunate that there are people who may end up dying or getting seriously hurt in a Washington DC car accident because another person was driving while drunk. Hopefully, the more aggressive push by lawmakers and law enforcement officials through their "Drunk Driving. Over The Limit. Under Arrest" campaign will help keep more people safe this year. That said, it is still up to motorists to refrain from driving drunk.

According to new analysis from the AAA Foundation for Traffic Safety, at about 80 drunk driver-related deaths on New Year’s Day, the average number of traffic fatalities where alcohol is a factor goes up by almost 150% more than if it were the same day of another week during the holidays. For example, in 2005 when New Year’s fell on a Saturday, there were more alcohol-related deaths at 98 fatalities than if the holiday fell on the season's other Saturday. Last year, there were 73 drunk driving fatalities on New Year’s Day. New Year’s Eve fell on a Thursday night. Unfortunately, although many Americans don’t approve of drunk driving, AAA says that many of them do it anyway.

These fatality figures don’t take into account the number of injuries that can occur on New Year’s Day as a result of alcohol. Per the U.S. Department of Health and Human Services, among underage drinkers alone, 1,980 of them went to the hospital on January 1. That’s a lot more than the approximately 546 who end up in the hospital on a typical day. Drunk driving, other alcohol-related accidents, and acute intoxication were among the causes. There are, of course, also adults and children who may have sustained injuries in a New Year traffic crash involving alcohol.

Steps motorists can take to drive safely into 2011:
• Appoint a designated driver.
• Don’t let your friends drive while drunk even if they think they can.
• Don’t get in the car with a drunk driver.
• Pack an overnight bag just in case you end up drinking more than you intended.
• Bring cab money just in case.
• Be careful if you choose to walk to or from your destination. The Insurance Institute for Highway Safety says New Year is the deadliest day of the year for pedestrians.

Beware of heightened drunk driving dangers this New Year’s Eve, Consumer Reports, December 30, 2010

U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010

Underage drinkers a New Year's hazard, Washington Examiner, December 30, 2010

Related Web Resources:
What to do after a car accident, MSN

Metropolitan Police Department, DC.gov

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Continue reading " Number of Fatal Drunk Driving Crashes Up Almost 150% on New Year’s Day, Says AAA Foundation for Traffic Safety " »

A class action complaint has been filed in federal court against the District of Columbia. The lawsuit contends that over 500 (possibly even up to 2,900 disabled) residents have been unnecessarily institutionalized against their own wishes because the city has failed to provide adequate community housing care alternatives. The lawsuit, filed by disability rights advocates, contends that the city is in violation of the Americans with Disabilities Act.

In 2007, the District was given a federal grant of over $26 million to move 1,100 disabled people and seniors from DC nursing homes. While 73 people have been transferred out of institutional settings, patients have not yet been transferred out of nursing homes. According to advocates, city agencies and nursing home staffs have failed to notify residents that they have other living options.

Nursing Home Negligence
Nursing homes are responsible for providing residents with the specific care that he/she requires. Nursing home residents have certain rights even when staying at an assisted living facility. It is important that a patient benefit from living in a nursing home. In the event that personal injury results because of Washington DC nursing home neglect or abuse or medical practice or inadequate nursing care, the assisted living facility can be held liable for nursing home negligence.

Our Washington DC nursing home abuse law firm represents patients and their families that have suffered injury, illness, or death as a result of negligent nursing care.

Some signs of nursing home abuse or neglect:
• Malnutrition
• Dehydration
• Unexplained bruises or injuries
• Bedsores
• Unexplained mood swings, depression, or withdrawal
• Nursing home staffers’ inability to explain how an injury occurred
• Overmedication
• Unwarranted restraints
• Sudden weight loss or gain
• Wandering or elopement

Advocates set to sue D.C. on behalf of disabled confined to nursing homes, The Washington Post, December 22, 2010

Lawsuit Claims DC Failing Nursing Home Residents, WUSA/AP, December 23, 2010

Related Web Resources:
Nursing Homes, DC Department of Health

Nursing Homes, Medicare.gov

Maryland Nursing Home Lawyer Blog

Consumer Product Safety Commission has voted to ban the manufacture and sale of drop-side cribs. Under the new government crib standards, which hadn’t been modified in almost three decades, all cribs must have fixed sides by June 2011. Hotels and daycare centers also have to get rid of any drop-side cribs that they have been using, which the CPSC estimates will affect about 935,000 drop-side cribs and could cost around $467.5 million. Some 43,303 inns and hotels and 59,555 day-care firms are expected to be impacted.

The new federal standards calls for better labeling on crib parts, tougher testing, which includes tests that mimic what its like to have an actual child in a crib, better mattress support, and sturdier crib hardware. While drop-sides have proved convenient for adults wanting to more easily reach their children that are in the crib, drop-side malfunctions, too big of a gap created between the drop side and the mattress, broken crib slats, and other defective crib parts have proven too dangerous.

The CPSC has recalled over nine million drop-side cribs since 2005 and over 11 million cribs since 2007. At least 32 child deaths have been linked to strangulation and suffocation accidents involving drop-side cribs. There have been other deaths linked to defective or faulty crib hardware.

Our Washington DC products liability lawyers are concerned over the number of injuries and deaths that continue to occur because of dangerous or defective products. Hopefully, the ban on drop-side cribs will reduce the injury and death rates of young children.

A few months ago, USA TODAY said that its analysis of data from CPSC found that prior to issuing crib recalls, 14 crib companies were named in over 900 incident reports involving drop-side crib-related deaths and injuries. Crib entrapment, strangulation, and suffocation are among the causes of serious crib injuries to a child. Fall accidents caused by a malfunctioning drop-side crib can also result in painful injuries.

Day Cares, Hotels Must Replace All Cribs on U.S. Safety Rules, Bloomberg/Businessweek, December 22, 2010

CPSC's ban on drop-side cribs takes effect in June, USA Today, December 16, 2010

CPSC Approves Strong New Crib Safety Standards To Ensure a Safe Sleep for Babies and Toddlers, CPSC, December 17, 2010

Drop-side crib ban 'a long time coming', Sun-Times, December 16, 2010

Related Web Resources:
Consumer Product Safety Improvement Act of 2008 (PDF)

Product Recall Finder, BabyCenter

Continue reading " Drop-Side Cribs No Longer Allowed, Rules CPSC " »

According to a study by the Agency for Healthcare Research and Quality, almost twice has many people are being hospitalized for dog bite injuries now than 15 years ago. While 5,100 dog bite victims sought hospitalization in 1993, 9,500 dog bite victims were hospitalized in 2008.

This rise in dog bite victims requiring hospitalization is much greater than the growth in population. Also, per the study’s author, senior research scientist Anne Elixhauser, pet ownership only went up slightly for the same time period.

Also per the report:
• Approximately 866 dog bite victims a day sought emergency room care.
• 26 people/day were admitted.
• Almost half of those that were hospitalized were treated for infections to the tissue and skin.
• Over half required wound debridement, skin grafts, and other procedures.
• Seniors over the age of 65 and kids under age 5 were the ones most likely to require hospitalization for their dog bite injuries.
• The average cost for treatment was $18,200.

Washington DC Dog Bite Case
If you or someone you love has been injured in a Washington DC dog attack, it is a good idea to explore your legal options. In DC, dog owners must confine a dangerous dog to prevent the pet from escaping, and put up warnings that a dog, if dangerous, is on the premise. That said, it can be tough for a DC dog bite victim to obtain injury compensation, which is why it is so important that you consult with a professional.

Risks: Hospital Admissions for Dog Bites Are on the Rise, New York Times, December 10, 2010

Emergency Department Visits and Inpatient Stays Involving Dog Bites, 2008, AHRQ (PDF)

Related Web Resources:
Dog Bite/Attack, Maryland Accident Law Blog

Dog Bite Prevention, Centers for Disease Control and Prevention

Continue reading " Washington DC Dog Bite Injuries Can Be Grounds for Personal Injury " »

U.S. Transportation Secretary Ray LaHood announced this week that thousands of law enforcement agencies across the US will be combating drunk driving crashes during the holiday season through the annual "Drunk Driving. Over The Limit. Under Arrest” campaign. Some $7 million in advertising will run between December 15, 2010 and January 3, 2011 to promote the campaign.

According to the National Highway Traffic Safety Administration, there were 753 US drunk driver-related deaths in December 2009. In total for that year, there were 10,839 alcohol-related traffic fatalities with one of these deaths occurring every 48 minutes. 7,281 of the those who died were drivers with a BAC of .08 or greater. 2,891 of those who were killed were motor vehicle occupants. 667 were nonoccupants. Our Washington DC car crash lawyers have reported on these developments in the past.

In addition to the national holiday crackdown campaign, a number of states have adopted the "No Refusal" strategy, which lets law enforcement officers quickly get warrants for blood samples from suspected drunk drivers who exercise their right to not take a breathalyzer test. Secretary LaHood is encouraging other states to adopt this approach.

Beginning Friday in Washington DC, the Washington Regional Alcohol Program will offer free taxi rides (a $30 limit) to people who call 1-800-200-TAXI. Participants have to be age 21 or older and the free service is available between 10 p.m. and 6 a.m. weekly.

With the holiday season underway, people are likely to find themselves attending social and celebratory gatherings were alcohol is being served. During this time of the year, the last thing that anyone wants to have happen is to suffer serious injuries or lose a loved one in a Washington DC car accident because someone was driving while drunk.

U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010

Holiday crackdown on drunk driving, The Washington Post, December 13, 2010

Related Web Resources:
Alcohol-Impaired Driving, NHTSA (PDF)

40 Million in U.S. Driving Drunk or Drugged, US News, December 9, 2010

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Continue reading " NHTSA Employs "Drunk Driving. Over The Limit. Under Arrest" and "No Refusal" Strategy to Combat Washington DC Car Accidents " »

A judge has refused to grant the requests of the three defendants in the Washington DC wrongful death lawsuit filed by Robert E. Wone’s family. Wone, a 32-year-old DC lawyer, was stabbed to death while at the DuPont Circle house where Joseph Price, Victor Zaborsky, and Dylan Ward were living. All three men have been acquitted of criminal charges accusing them of covering up his murder. Wone’s widow Katherine, however, is still suing them for $20 million.

In the DC wrongful death complaint, which she filed in 2008, Katherine is accusing them of committing negligent, reckless, and intentional acts that led to her husband’s death, including a failure to act promptly to save his life. The three men have said that an unknown intruder entered their residence and killed Wone.

Attorneys for the three defendants had petitioned D.C. Superior Court Judge Brook Hedge to drop the civil suit on the grounds that the statute of limitations had passed. However, the judge did not agree with their claim. He noted that the most recent evidence was found in 2008 and was what prompted federal prosecutors to file the criminal charges against the men.

Hedge also turned down the men’s request for a gag order barring case participants from addressing the media. Their lawyers had expressed concern that the jury pool might be tainted by comments from the plaintiffs' side.

In Washington DC, you have one year from the date of death to file your DC wrongful death action. However, exceptions can be granted. With all that needs to be done in order to prepare your case, it is important that you start exploring your legal options as soon as possible after your loved one’s passing.

Judge rejects petitions in Wone trial, The Washington Post, December 8, 2010

$20 Million Washington DC Wrongful Death Case is Next for Three Men Acquitted of Covering Up Dupont Circle Murder, Washington DC Injury Lawyer Blog, July 19, 2010

Related Web Resource:
Wrongful Death, Nolo