Washington DC Injury Lawyer Blog

The US Department of Transportation and the National Safety Council have created FocusDriven. This is the first national advocacy group focused on supporting distracted driving victims and raising awareness about the dangers this very bad driving habit presents to motorists and pedestrians. The group was developed as a result last year’s Distracted Driving Summit in Washington DC. On its Web site, FocusDriven states that its vision is to save lives and prevent injuries by eliminating the use of cell phones while driving.

For awhile, motorists and lawmakers thought that using a cell phone wasn’t too dangerous as long a driver kept both hands on the wheel and used an earpiece or Bluetooth device. While there are accident statistics that indicate a higher crash risk when a driver uses a handheld cellular phone, rather than a hands-free device, the mounting data which proves that talking on any type of cellular device while operating a motor vehicle is just plain dangerous can no longer be ignored. Like Mothers Against Drunk Driving (MADD), FocusDriven wants everyone to fully comprehend that there is no doubt whatsoever that talking on a phone while driving can injure and kill people.

Transportation Secretary Ray LaHood and the NSC chose to announce creation of the advocacy group on Tuesday, exactly one year after the NSC called for a nationwide ban on the use of cell phones while operating a motor vehicle. The US government also recently launched a federal Web site called Distraction.gov, which focuses on raising awareness about the dangers of distracted driving. LaHood says the Obama Administration is committed to “putting an end” to distracted driving.

Washington DC Car Accidents
In a busy city like Washington DC, it is not uncommon for motorists and pedestrians to multi-task while trying to manage busy careers, social calendars, and personal lives. Many people are wedded to their cell phones and PDAs, so it is not uncommon to make calls and send messages while commuting to and from work. Unfortunately, multi-tasking while operating a motor vehicle is a bad idea and can be considered negligent driving if someone is killed or hurt in a Washington DC motor vehicle collision as a result.

U.S. Transportation Secretary Ray LaHood and the National Safety Council Announce FocusDriven, January 12, 2010, (PDF)

Related Web Resources:
FocusDriven

Distraction.gov

National Safety Council

Continue reading "US Department on Transportation and National Safety Council Step Up Fight Against Distracted Driving with FocusDriven Advocacy Group" »

Amanda Mahnke, Representative Rick Larsen's communications director who was seriously injured when an empty bus struck her on September 3, is suing Metro for Washington DC personal injury. She is seeking $30 million in damages.

According to Mahnke’s DC bus accident lawsuit, she sustained permanent injuries, including a traumatic brain injury, a broken clavicle, a fractured skull, fractured ribs, a collapsed long, an epidural hematoma, a pelvis fracture, and other personal injuries when she was struck by the Metro bus while she crossing an intersection on Florida Avenue, NW. She is accusing Metro of negligence for allowing bus driver Carla A. Proctor to keep driving its buses even though she had been sued in the past for causing other collisions.

Proctor was involved in a multi-vehicle crash involving another bus and seven autos in March 2003 when she got out of the bus to examine a faulty door. According to lawsuits against Metro and Proctor, because she allegedly failed to set the brake the bus rolled down a hill. After Proctor struck a parked vehicle in December 2004, an elderly bus passenger filed a Washington DC bus crash lawsuit against Metro.

In another case, two people who were at a Wendy’s sued Proctor for DC personal injury after she drove a car through the restaurant’s window in July 2003. She was not on duty with Metro when this Washington DC car accident happened.

Metro finally fired Proctor after she struck Mahnke. No criminal charges have been filed against her over the bus crash involving Mahnke, but witnesses say the bus driver ran a red light and she may have been speeding. Metro says Proctor neglected to do everything she could to avoid hitting the 30-year-old pedestrian.

Capitol Hill staffer hit by bus sues Metro, Washington Examiner, January 8, 2010

Woman struck by Metrobus suing agency for $30 million, Washington Post, January 7, 2010

Related Web Resources:
Metro, Washington Metropolitan Area Transit Authority

Large Truck and Bus Crash Facts 2008: Early Release, Federal Motor Carrier Safety Administration

According to AAA, about 87.7 million people in the US are expected to travel at least 50 miles away from home this holiday season—77.7 million travelers by motor vehicle. In Washington DC, approximately 2.5 million people are expected to leave town and most of them plan on doing so by car. That’s 4 out of 10 Washingtonians, says AAA.

With many roads and freeways undoubtedly more crowded than usual, our Washington DC car crash lawyers would like to remind motorists to drive safely so that you aren’t involved in an auto collision. Common bad driving behaviors that cause Washington DC motor vehicle accidents and can be cause for personal injury claims or wrongful death lawsuits include:

• Drunk driving
• Not paying attention to the road
• Texting while driving
• Using a cell phone
• Falling asleep
• Drowsy driving
• Speeding
• Failure to obey traffic lights and stop signs
• Tailgating
• Aggressive driving
• Road rage

With icy and wet roads a factor during the holiday season, motorists should adjust their driving speed to the road conditions. It is also a good idea to drive with the appropriate tires (all weather tires, snow tires, snow chains) and be up-to-date on all maintenance matters to make sure that your vehicle is running smoothly and no mechanical problems occur that could cause you to be involved in a Washington DC traffic crash.

Unfortunately, the holiday season can be a time when motorists forget to be careful. When this happens, the liable driver and those involved in the Washington DC car accident can spend years dealing with the consequences.

Our Washington DC injury law firm knows how tough it can be to deal with the ramifications of a car crash, a motorcycle collision, a pedestrian accident, or a truck crash, especially one that was another party’s fault. We help our clients recover compensation from these negligent parties.

2.5 million D.C. residents expected to travel for holidays, Washington Post, December 18, 2009

Preparing your vehicle for winter weather, National Safety Commission, November 12, 2009

Related Web Resources:
AAA

NHTSA

According to the 2009 Sleep in America poll by the National Sleep Foundation, about 1.9 Million Drivers are involved in drowsy driving car crashes or near miss accidents each year. Unfortunately, many people underestimate the power sleepiness can have in causing Washington DC car accidents.

Per the poll, 105 million US drivers have driven while sleepy in the last year. 54 million drivers drive while drowsy at least once a month.

National Sleep Foundation chairman Thomas Balkin says that while motorists are good at recognizing when they are tired, this doesn’t stop them from getting behind the wheel of a motor vehicle and driving. Balkin says that people mistakenly think that they can will themselves to stay awake but they often don’t even realize that they are falling asleep. Balkin notes that just one moment of “reduced awareness” can cause a motor vehicle crash.

Drowsy driving slows reflexes, reduces alertness, and impairs one’s ability to think clearly and rapidly respond to an emergency situation. A person who is sleepy or very tired while driving might inadvertently lane change, let go of the steering wheel, fail to notice traffic signs, not see other vehicles or pedestrians, drive off the road, or drive into oncoming traffic.

Drowsy driving can be grounds for a Washington DC injury claim or wrongful death lawsuit if another person is injured as a result.

In an attempt to decrease the number of drowsy driving accidents, the National Sleep Foundation has declared November 2 – 8 Drowsy Driving Prevention Week.

Ways to Avoid Drowsy Driving:

• Get a good night’s driving.
• Take periodic brakes (every 2 hours or every 100 miles).
• Don’t drink alcohol or take medications that cause drowsiness before driving.
• If necessary, stop and take a nap.
• Take caffeine if necessary.

.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, October 29, 2009

Drowsy Driving: Reduce Your Risk of Falling Asleep Behind the Wheel, Associated Content, June 27, 2006

Related Web Resources:
National Sleep Foundation

NHTSA

Continue reading "Stay Alert and Awake: Drowsy Driving Prevention Week Reminds Motorists to Prevent Washington DC Car Accidents Caused by Sleepiness and Fatigue " »

Shortly after 1am on Saturday, a pedestrian was fatally struck on the Baltimore-Washington Parkway. Police say that the victim, a man in his 30’s who appears to be Hispanic, was hit by at least two motor vehicles. His death is the fourth pedestrian fatality in the Washington portion of the parkway in the last 14 months and the third one close to the exit ramp going into the District.

According to the D.C. Department of Transportation, The Washington DC pedestrian death rate is even higher than the pedestrian fatality counts of Chicago, New York, and Los Angeles. About 600 Washington DC pedestrian accidents occur each year. Another study reports stated that over 80 pedestrian deaths take place in the Washington region every year.

On Tuesday, a woman died in a DC pedestrian accident when a Metrobus struck her. 47-year-old Stephanie Richardson got off a bus and was hit by another bus traveling in the same direction. She was transported to Washington Hospital Center where she was pronounced dead.

Some 14 people have died this year in Metro-related accidents. Just last month, a 30-year-old jogger sustained critical injuries when a Metro bus struck her. There are reports that the bus driver ran a red light and the pedestrian victim, Amanda Mahnke, was crossing the street because she had the walk signal.

Washington DC Pedestrian Accidents
Pedestrians injured in DC truck accidents, bus crashes, motorcycle collisions, and other traffic accidents may be entitled to Washington DC personal injury recovery. Serious pedestrian injuries can include traumatic brain injuries, broken bones, spinal cord injuries, and internal injuries.

Pedestrian Fatally Struck on Baltimore-Washington Parkway, Washington Post, October 11, 2009

D.C. woman, 47, dies after being hit by Metrobus, Washington Examiner, October 7, 2009

Sources: Bus Ran Light, Hit Jogger, My Fox, September 25, 2009

Related Web Resources:
D.C. Department of Transportation

Washington Metropolitan Area Transit Authority

Continue reading "Washington DC Pedestrian Fatally Struck by at Least Two Vehicles " »

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

Metro says that it fired the bus driver who struck a female jogger during a Washington DC pedestrian accident on September 3. Carla A. Proctor hit Amanda Mahnke while operating an empty bus on Florida Avenue NW. The 30-year-old jogger is Representative Rick Larsen’s communications director. She fractured her skull and sustained several other fractures during the DC Metro bus accident.

Metro cited “failing to follow standard operating procedures” as the reason for Proctor’s dismissal. The September 3 accident, which occurred close to Dupont Circle, is not the first time that the bus driver was involved in a bus crash.

In March 2003, seven motor vehicles and another bus were damaged after Proctor exited the bus to check on a faulty door. The bus accident lawsuits that were filed against Proctor and Metro accused her of neglecting to set the brake properly. This allegedly caused the empty bus to roll down a hill and into an auto, triggering a chain reaction with the other motor vehicles. A Prince George’s County jury awarded three plaintiffs $27,713 in damages. A settlement was reached in another DC bus accident claim over the multi-vehicle crash.

In December 2004, Proctor drove her Metro bus into a parked auto while turning onto Wisconsin Avenue from O Street. A 72-year-old bus passenger sued Metro for Washington DC personal injury. The case was settled in mediation under confidential terms.

In July 2003, Proctor, who was not working at the time, was involved in a motor vehicle crash that resulted in her vehicle driving through the front window of a Wendy’s in Oxon Hill. Two of the restaurant patrons sued her for Maryland personal injury. The case was settled out of court.

Proctor received five traffic tickets in January for operating an uninsured vehicle, not maintaining insurance, not having current tags, and not displaying a registration card upon demand. Charges are also pending against her for a traffic stop in Prince George’s County in 2008.

Metro fires bus driver for hitting jogger, Washington Examiner, September 25, 2009

Metrobus Crash Not The First For Driver, The Washington Post, September 16, 2009

Related Web Resource:
Washington Metropolitan Area Transit Authority

Continue reading "Metrobus Driver Who Struck Jogger in Washington DC Pedestrian Accident is Fired" »

The family of Cameron Williams, one of the nine people killed in the June 22 Red Line train accident that is being called the worst wreck in the Metro’s history, has filed a Washington DC wrongful death lawsuit for $25 million. Their DC train crash complaint is accusing Metro of negligence and of failing to take the reasonable precautions to prevent the crash from happening.

Williams’s family is also suing Alstom Signaling Company, which is responsible for the circuit that failed to slow or stop the train so that the deadly collision wouldn’t happen. Depending on the National Transportation Safety Board’s findings once it concludes its crash probe, other defendants may be added to the DC train accident lawsuit.

The deadly collision occurred during rush hour close to the Fort Totten stop when one train crashed on top of another train. At least seventy people were transported to local hospitals.

Earlier this month, the Washington Post reported that records indicate that the safety system that is supposed to help subway trains avoid becoming involved in collisions had malfunctioned just months before the June accident. On March 2, a train operator activated the emergency brakes to avoid colliding with another train after there was a problem with the Automatic Train Protection system. A failed component system on the train was identified as the issue. The NTSB is investigating the track circuit as part of its efforts to find out what caused the deadly June train accident.

Possible Causes of Washington DC Train Accidents:

• Operator negligence
• Mechanical failure
• Inadequate maintenance
• Conductor error
• Inadequate training
• Collision with another train, a motor vehicle, or a pedestrian
• Obstructions at rail crossings that prevent the operator from seeing
• Defective railroad crossing warning systems
• Defective train parts

Metro Crash Victim's Family Files Suit, My Fox DC, August 25, 2009

Records: DC Metro safety system failed before, AP/Google, August 9, 2009

Washington, DC Metro Crash: 9 Confirmed Dead, Worst Metro Crash Ever, Air America, June 22, 2009

Related Web Resources:
DC Metro

National Transportation Safety Board

Residents of Washington D.C., Maryland and surrounding areas are still reeling from news of a tragic commuter train crash that killed at least seven people and injured dozens more last night. For reasons not completely known, a Metrorail Red Line train collided at what appears to be a high rate of speed with a second, stopped train during Monday’s peak evening commute. The violent crash caused the moving train to jackknife, throwing several of its cars up and onto the top of the other train. According to reports, this “mass casualty event” is the worst train accident in the District of Columbia since 1982.

As a Maryland personal injury and car accident attorney, I have personally traveled on this particular Metro line many times in the past. As commuters, we all expect to travel in relative safety on subway trains and city buses. Ruling out any terrorist connection, this accident could have resulted from driver error or possibly faulty equipment on the tracks, or even the trains themselves.

Whatever the cause, the results are terribly sad for the families of those unexpectedly killed and painful for those hurt or hospitalized. Injuries from accidents like this can range from bumps and bruises to broken bones, traumatic brain injuries or damage to the spinal column.

News reports indicated that seven people have been confirmed killed and that more fatalities may be forthcoming. Initially, six people were confirmed dead, including the operator of the trailing train, Jeanice McMillan of Springfield, Virginia. Fire Chief Dennis Rubin said rescue workers treated 76 people at the scene and sent some of them to local hospitals.

So far, officials have no explanation for the accident. The National Transportation Safety Board (NTSB) is in charge of the investigation, while DC police and the FBI also have personnel at the scene. Normally, these trains should maintain a safe distance between each other, and it is not yet clear what went wrong.

There was also no official statement regarding how fast the one train was traveling before it hit the other waiting train, although the crash happened in a long stretch between rail stations where trains typically allowed to travel at higher speeds, according to a Metro spokesperson. Meanwhile, investigators are also searching the wreckage for the “black box” recording devices carried onboard these trains, which may hold answers to this horrendous event.

Continue reading "At Least Seven People Killed in Washington D.C. Metrorail Train Crash, Dozens Injured" »