Washington DC Injury Lawyer Blog

A Maryland appellate court has overturned a verdict awarding $64,000 to a woman who suffered an injury on a Washington Metropolitan Area Transit Authority (“Metro”) platform. The court found that Metro is entitled to sovereign immunity as a joint agency of the governments of Maryland, Virginia, and the District of Columbia. The decision calls into question the outcome of other pending lawsuits against Metro.

Veronica Tinsley slipped on a wet platform while exiting a train at the Cheverly Station on Metro’s Orange Line in 2007. She fell and broke her ankle as a result. She filed suit against Metro in Maryland state court, arguing that Metro violated its own procedures by mopping the platform during rush hour. She further alleged that Metro failed to post any warnings about the wet platform for riders. These failures breached Metro’s duty of care to its passengers, leading directly to her injuries. A jury found in her favor and awarded her damages.

Metro appealed the decision on the grounds that the doctrine of sovereign immunity precluded any claim for damages. The Maryland Court of Special Appeals agreed with Metro and entered an order in early December overturning the jury verdict and award. The court held that Maryland, Virginia, and the District of Columbia conferred their sovereign immunity protections on Metro when they jointly formed it as a government agency. Congress and the legislatures of Virginia and Maryland passed legislation approving an interstate compact signed by the three governments and authorizing the creation of an entity to manage public transportation across the three jurisdictions. Metro was officially formed in 1967. The interstate compact is the instrument that passed sovereign immunity protection on to Metro.

The doctrine of sovereign immunity generally prohibits suits against the government. It originates from the notion in a constitutional monarchy that the king created the courts and is the source of their authority. As such, the courts have no power to judge the king. The doctrine is practiced slightly differently in the United States today, but the underlying concept remains the same.

Governments may waive sovereign immunity in limited cases, such as in contract disputes. For tort cases such as this one, many states and the federal government have enacted laws that allow claims if the plaintiff first gives notice of the claim and meets various other requirements. The Maryland Tort Claims Act allows claims in certain types of cases but sets a strict limit on the amount of damages.

Continue reading "Court Finds Washington Metro Immune from Claim in Slip and Fall Case" »

The U.S. Food and Drug Administration (FDA) announced a series of initiatives in late September that it hopes will further ensure the safety of the food supply. The proposed measures, known as the Retail Food Safety Action Plan, would apply to food service establishments such as stores, restaurants, and schools. The Plan will focus on food safety rules at the state and local levels. It establishes a set of “model rules” to help managers in food service establishments handle food safety procedures, and standards for training personnel on food safety issues. The Plan follows a series of recent stories in the news about food contamination such as the recent cantaloupe recall.

The FDA is cooperating with the National Association of County and City Health Officials (NACCHO) to promote best safety practices at the local level. It hopes to get local governments to implement its Voluntary National Retail Food Regulatory Program, a series of standards developed by the FDA to encourage uniform food safety protocols nationwide.

The Plan also includes amendments to the 2009 Food Code, the most recent set of standards put out by the FDA. The Food Code is typically revised every few years. The proposed amendments include:
- Food establishments should have a plan for responding and cleaning up if an employee is phyiscally ill near where food is served, prepared, or stored.
- Food establishments should have clear standards about bare-handed contact with prepared food by employees.
- They should have consistent standards for how to display meat and poultry.

The FDA is an agency of the U.S. Department of Health and Human Services. It is responsible for promoting public health by supervising and regulating food products, pharmaceuticals, medical devices, cosmetics, and other products commonly used by the public. It also enforces various laws related to public health. It regulates safety for most food products, although many meat products fall under the Department of Agriculture’s jurisdiction. FDA review and approval is a critical step towards getting a product to market in the pharmaceutical and food industries.

Food safety and quality control are vital tasks in promoting public health and preventing certain diseases. Food-borne illnesses such as salmonella and E. coli can result from poor food quality or lack of standards. Injuries can be severe, ranging from sickness and lost time at work to serious hospitalization or death.

Continue reading "Food and Drug Administration to Take Action on Food Safety in Restaurants and Stores" »

The Consumer Product Safety Commission has approved new voluntary limits on cadmium levels in children’s jewelry. A move to regulate cadmium began in 2010 after a recall of bracelets and pendants at Wal-Mart stores. The new standards represent a national consensus among manufacturers and importers of children’s jewelry as to the need to address the toxic metal. A series of mandatory limits has already developed through state regulation and litigation, but this new standard represents the first national standard.

Cadmium is a metal element that occurs as a byproduct of various industrial processes. For years cadmium was used in steel and plastic production and as a pigment, but use has declined considerably. It is still used in some batteries and solar panels. Cadmium exposure has been linked to a number of health problems, including flu-like symptoms, acute kidney problems, pulmonary emphysema, bone disease, and possibly cancer. Dangerous exposure can occur even with trace amounts of cadmium.

Wal-Mart stores recalled children’s bracelets and pendants from their stores in January 2010 due to concerns that they might contain cadmium. Children could receive dangerous doses of cadmium if the jewelry were placed in a child’s mouth, even without actually swallowing the product. Some Chinese companies use cadmium in jewelry production because of prohibitions on using lead. An American company, Tween Brands, reached a settlement in California in March 2011 in which it has agreed to eliminate cadmium from all of its products by January 2012. The settlement agreement only applies to the state of California. Different standards among U.S. states may have led to repeated and inconsistent testing of products, which has led to the current push for national standards.

Continue reading "Children's Jewelry Manufacturers Agree to Limit Cadmium Levels" »

The Federal Motor Carrier Safety Administration has spent two years considering modifications to hours-of-service regulations for commercial truck drivers, but any proposed increase in regulation could inspire opposition in Congress. The agency has delayed the release of new rules until October, requesting further comment during the summer of 2011. While the agency cites its own research to argue that revisions to the existing regulations are needed to improve safety, members of Congress have vowed to fight any changes.

Four Republican Representatives led by House Transportation and Infrastructure Committee Chairman John Mica (R-Fla.) wrote to President Obama regarding the proposed changes, stating that “we are very concerned the proposed changes will result in additional trucks and drivers on the road to deliver the same amount of freight, adding to the final product costs and increasing congestion on our already overburdened roads.” Industry groups have expressed similar concerns about new regulations. Since the FMCSA has not released new rules, the situation is still simmering. It pits concerns over driver safety against concerns over the impact of new rules on the trucking industry.

Under current rules, commercial truck drivers who do not carry passengers can drive for a maximum of 11 consecutive hours after at least 10 consecutive hours off duty, and they can be on duty for a maximum of 14 consecutive hours. Drivers are also limited to 60 to 70 hours total driving in a 7- to 8-day time period. Proposed new regulations would limit the total number of 14-hour shifts to two per week, with driving time limited to 10 or 11 hours. The FMCSA issued the current rules in 2003, in the first major revision of hours-of-service rules since 1939.

As an agency of the United States Department of Transportation, the Federal Motor Carrier Safety Administration regulates the U.S. trucking industry, enacting and enforcing safety regulations covering commercial motor vehicles and drivers. It is tasked with monitoring highway safety data, researching existing safety concerns, promulgating rules and regulations enforcing safety policies, and developing technological solutions supporting safety. The agency was established January 1, 2000.

The FMCSA issued a report in May 2011 analyzing driving performance of commercial truck drivers and considering all activities expected of drivers in addition to driving. Aside from driving, drivers may spend time during shifts performing “heavy work” like loading and unloading their trailers and “light work” like paperwork and other administrative tasks. Drivers also take breaks during shifts to eat, sleep, and relax. The report identified driver drowsiness as a major concern, but also the variety and range of tasks performed by drivers during a shift. All of these factors can negatively affect driver safety.

Continue reading "Possible New FMCSA Hours-of-Service Regulations on Commercial Truck Drivers Create Controversy" »

The National Transportation Safety Board has formally recommended a ban on the use of cell phones and other mobile electronic devices by commercial truck drivers while driving. While this does not have the force of law, the recommendation follows on a prior recommendation to ban text messaging by truck drivers. The Washington DC Injury Lawyer Blog previously reported on how this led to a formal ban by the federal government on texting by commercial truckers. Nineteen U.S. states and the District of Columbia already ban all drivers from texting while driving. The federal texting rule for truckers, set by the Federal Motor Carrier Safety Administration, carries fines of up to $2,750 per incident. The NTSB recommendation on cell phone use is likely to lead to similar rules regarding cell phone use.

The NTSB recommendation resulted from its investigation into a tragic crash on Interstate 65 in Kentucky last year in which a commercial truck driver veered across the median of the highway into oncoming traffic and struck a van carrying a total of 12 people. The crash killed the truck driver, the van driver, and nine of the van’s occupants. Two children in the van were reported to have been saved by their child-restraint systems. The investigation concluded that the truck driver’s distraction from use of a cell phone, combined with fatigue, caused the crash. Investigators found that the truck driver had used his phone for calls and text messages while driving 69 times during the previous 24-hour period. Road conditions, weather, and driver health issues did not play any role in the accident, according to investigators.

The National Transportation Safety Board is an independent agency of the United States government, formed in 1967 and tasked with investigating accidents in the civil transportation system. It investigates certain types of car and truck accidents. Since the accident in Kentucky occurred on an interstate highway, which is partly administered by the federal government, it came under the NTSB’s jurisdiction. The NTSB also investigates aviation, marine, shipping, pipeline, and railroad accidents. The agency lacks the legal authority by itself to create laws or rules, but its system of recommendations frequently leads to the adoption of new safety regulations. In it 44-year history, it has issued over 13,000 recommendations.

Continue reading "NTSB Urges Ban on Cell Phones for Truck Drivers" »

The National Highway Transportation Safety Administration has a new rule that will hopefully help decrease the number of occupant ejections that occur in passenger vehicle crashes. U.S. Transportation Secretary Ray LaHood announced the final rule today. He said that the “new standard will help save lives and reduce injuries.”

Per the new rule, automakers must create a countermeasure for light passenger autos weighing less than 10,000 pounds that will keep the equivalent of an adult without a seat belt from moving over 4 inches past the side window opening during a traffic crash—especially during a rollover accident. The new standard applies to the side windows next to the first three rows of seats and to part of the cargo area behind rows one and two will start phasing in during 2013. All new vehicles will have to offer this ejection protection by 2018. NHTSA administrator David Strickland has said that once this standard is fully implemented, about 476 serious injuries and 374 fatalities will be prevented each year.

A person ejected from a vehicle during a Washington DC auto accident has a three times greater chance of dying than the person who was able to remain inside the vehicle. Partial ejections can also result in catastrophic injuries or wrongful death.

In some DC car accidents, a passenger is ejected from the vehicle because he/she was not using a seat belt. Still, other ejections happen because the seat belt malfunctioned, the vehicle’s roof was not well-structured, or the impact of the crash was so forceful that the person was inevitably thrown from the vehicle. There may be a negligent driver, car manufacturer, auto part manufacturer, or another liable party who can be held liable for Washington DC auto products liability.

Final rule aimed at reducing partial and complete vehicle ejections, NHTSA, January 13, 2011

Automakers face tough new rollover-crash rule, CNN, January 13, 2011

Related Web Resource:
Read More About the New Ejection Standard, NHTSA (PDF)

Continue reading "Will The New NHTSA Rule Prevent Passenger Ejections During Washington DC Car Accidents?" »

At this year’s Distracted Driving Summit in Washington DC, US Department of Transportation officials, legislators, automakers, researchers, law enforcement workers, and traffic crash victims are once again getting together to figure out how to combat distracted driving and decrease the number of motor vehicle crashes that happen each year. US Transportation RayLaHood has called the problem of distracted driving an “epidemic” and he wants a federal law that will crack down on multitasking motorists.

Distracted driving can consist of a number of different activities that a motorist might engage in that takes his/her attention from driving. Text messaging, talking on a cell phone, dealing with the family dog, reading, surfing the Internet, watching movies on a laptop, scrolling through an iPod, fiddling with the radio dial, shaving, eating, and getting into an argument with someone else in the car are all examples of distracted driving acts that can cause the motorist to lose focus and become involved in a car crash, truck accident, bus collision, or pedestrian accident.

At the summit, Secretary LaHood announced new rules that would restrict hazmat truckers from texting and cell phone use for hazmat truckers. He also said that a final rule barring commercial truckers and bus drivers from texting will soon be published.

2009 National Highway Traffic Safety Administration Distracted Driving Data:

• 5,474 deaths
• 448,000 injuries
• Teen drivers make up the largest portion of distracted drivers
• 16% of deadly crashes and 20% of injury accidents involved distracted drivers

It is not uncommon for The District’s busy residents to multitask. Politicians, business persons, students, government officials, and others have too much to do and often in too little time. However, distracted driving can cause Washington DC traffic crashes that can result in serious injuries and deaths for those involved.

U.S. Transportation Secretary Ray LaHood Announces 2009 Distracted Driving Fatality and Injury Numbers Prior to National Distracted Driving Summit, NHTSA, September 20, 2010

Texting rules to toughen for hazmat truckers, Land Line, September 21, 2010

LaHood Pushes Federal Law to Quell 'Epidemic' of Distracted Driving, PBS, September 21, 2010

Related Web Resources:
Distracted Driving 2009, Traffic Safety Facts, NHTSA (PDF)

Distraction.gov

Maryland Accident Law Blog

Trucking Accident Lawyer Blog

Continue reading "US DOT Holds Second Annual Distracted Driving Summit in Washington DC " »

More than 9 months after a tanker truck drove off the free way, rolled over, and exploded into flames in Indianapolis, the National Traffic Safety Board met in Washington DC to discuss how to prevent more tanker rollover accidents form happening. Five people were injured in the truck crash involving a tanker transporting nearly 12,000 gallons of liquefied petroleum.

While tanker trucks make up 6% percent of the total number of large trucks in the US, 31% of all commercial truck rollover accidents involve tankers—that’s 1,265 US cargo tanker truck accidents a year. One reason for this is when the tanker turns, its center of gravity shifts, which cause the liquid being transported to also move. This can prove fatal in the event of a truck accident.

At the hearing yesterday, panelists talked about whether mandatory stability controls should be imposed on tuckers and if trailers and tractors should also meet such a requirement. Electronic stability systems would not only determine when the truck’s weight is about to shift, but the computer could automatically activate the breaks to help compensate for the weight change to prevent a rollover crash. The National Highway Traffic Safety Administration say that 106 lives could be saved and almost 3,500 rollover accidents prevented if trucks and trailers were forced to meet such a requirement. The panelists talked about how properly training tanker truck drivers charged with carrying such dangerous materials could help prevent some tanker truck accidents.

Over 100,000 loads a day are dispatched on tanker trucks. NHTSA intends to finish its examination of the benefits of stability control systems for trucks by year’s end.

Our Washington DC tanker truck accident lawyers are very familiar with the devastation that these crashes can wreak on the lives of the victims and their families.

NHTSA: New technology can prevent truck rollovers, AP/Richmond-Times Dispatch, August 3, 2010

Tractor trailer trucks facing madatory changes, WishTV, August 3, 2010

Related Web Resources:
National Transportation Safety Board

NHTSA

Trucking Accident Lawyer Blog

Continue reading "NTSB Meet in Washington DC to Talk About How To Prevent Tanker Truck Rollover Accidents" »

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

The US government has officially banned truck drivers and bus drivers from texting while driving their commercial vehicles. The order is part of federal lawmakers’ efforts to get rid of “the threat of distracted driving,” says Ray LaHood, the US Transportation Secretary.

Already, 19 US state and Washington DC have a ban that makes it illegal for all motorists to text while driving. Research shows that texting while behind the wheel of any vehicle is incredibly dangerous behavior. The Virginia Tech Transportation Institute says that text messaging increases the chances that a truck driver will be involved in a truck accident or a near-truck collision by 23 times. The Federal Motor Carrier Safety Administration has said that a driver who is texting must take his/her eyes of the road for about 4.6 out of every six seconds. The consequences for those involved in a Washington DC truck crash or a bus collision can be catastrophic.

Transportation Secretary LaHood says commercial drivers caught texting while driving may be subject to a maximum $2,750 fine. However, whether this ban can be fully enforced is unclear. Police officers will likely have a hard time looking inside a bus or the cab of an 18-wheeler truck or a tractor-trailer to see if a driver is holding a phone or a PDA and texting while driving.

According to recent statistics provided by the National Safety Council, 28% of traffic crashes happen when motorists are texting or talking on their cell phones while driving. The NSC says cell phone use was a factor in 1.4 million car crashes, while texting is linked to 200,000 motor vehicle crashes.

Washington DC Truck Accidents
Proving liability in a truck crash is very difficult. That said, it is important that a negligent driver or truck company compensate you for your personal injuries or the wrongful death of someone you love. This is where an experienced Washington DC truck accident law firm can help you.

U.S. bans truckers, bus drivers from texting while driving, Washington Post, January 26, 2010

U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation, January 26, 2010

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

Related Web Resources:
National Safety Council

Continue reading "US Government Bans Truckers and Bus Drivers from Texting While Driving" »

President Barack Obama has signed an executive order banning federal employees from texting while driving a vehicle when on official business even if the vehicle being driven is not owned by the government. The order, issued last week, is an attempt to lead the charge encouraging people to stop texting while driving.

Lawmakers, ordinary citizens, safety advocates, and police attended a two-day Distracted Driving Summit in Washington DC that the US Department of Transportation organized. Already, the District of Columbia has a ban on texting or talking on a hand-held device while driving. Unfortunately, there are District of Columbia motorists who still engage in this dangerous habit that can lead to catastrophic Washington DC car accidents. Not only is texting while driving against the law but, like drunk driving, this popular form of distracted driving can kill people and lead to DC injury claims and wrongful death lawsuits.

The Obama administration has given each of the federal agencies 90 days to figure out how to enforce his order. He also wants the agencies to ban subcontractors and contractors from texting while driving. Federal employees working in national security or law enforcement are exempt from the ban.

For purposes of his order, President Obama defines “driving” as operating a motor vehicle. Drivers that are stopped at a traffic stop or traffic light or for any other reason that requires them to engage with the flow of traffic even if they are in "pause" mode with the engine running are still "driving." However, Mr. Obama says it is acceptable for a federal worker to text message if he or she has pulled over to the side of the road.

Distracted Driving Facts from the AAA Foundation for Traffic Safety:

• Driver distraction is the cause of 1 million North American traffic accidents each year.
• Although, per the 2009 Index, 95% of drivers think that texting while driving is unacceptable behavior, 18% of them still do it.
• More than 50% of the time a motorist is driving, he or she is engaged in at least one other task.

Obama enacts texting ban on federal employees, The Washington Times, October 2, 2009

The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation for Traffic Safety

Related Web Resources:
The White House

US Department of Transportation

Continue reading "President Obama Bans Federal Employees from Texting While Driving" »

At the opening of the Distracted Driving Summit, US Transportation Secretary Ray LaHood said that texting while driving has become an “an endemic” and a “menace to society.” Over 300 people are taking part in the conference, including law enforcement officials, lawmakers, and safety experts.

According to the National Highway Traffic Safety Administration, 5,780 people died (16% of all deadly traffic collisions) and 515,000 people sustained injuries in distracted driving accidents last year. Many of these auto crashes are a result of people using cell phones and PDAs.

Distracted driving is reportedly a big problem among young drivers, especially those under age 21. Distracted driving was a factor in 16% of deadly crashes involving drivers in this age group.

Young motorists, however, aren’t the only ones who text and drive. CTIA-The Wireless Association reports that while 10 billion text messages a month were sent in December 2005, more than 110 billion texts were transmitted in December 2008.

Texting while driving is now illegal in Washington DC and 18 US states. Seven states have made it illegal to talk on a handheld cell phone while driving. Safety groups are calling on a nationwide ban making it illegal for drivers to text and have cell phone conversations. Meantime, Advocates for Highway and Auto Safety wants the government to restrict the texting and cell phone talk of the operators of tractor-trailers, large vans, and motor coaches, while the Alliance for Automobile Manufacturers (members include Ford, General Motors, and Toyota) support a ban on handheld phones and texting while driving.

Too many catastrophic car accidents are happening because drivers were distracted. Texting usually requires the use of both hands and eyes. This means that the texting driver will spend at least a few seconds not holding the steering wheel, not watching the road, and not paying attention. These few seconds can end someone’s life.

Bus accidents, train accidents, truck accidents, and car accidents have happened because motorists were distracted. Our Washington DC injury lawyers are cognizant of how distracted driving can destroy lives and we are here to help.

Distracted Driving Summit Emphasizing Danger of Texting Opens Today in Washington DC, ABC News, September 29, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 29, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

Distracted Driving, National Safety Council

CTIA-The Wireless Association