Washington DC Injury Lawyer Blog

We previously discussed a Nebraska lawsuit that invoked a statute allowing wrongful death claims on behalf of unborn children. The case involved a truck accident that took the lives of a family and their unborn child. The lawsuit, Baumann v. Slezak, et al, also invoked Federal Motor Carrier Safety Administration (FMCSA) regulations governing the length of time truck drivers may operate a vehicle or be “on-duty.” The driver who allegedly collided with the family’s car had, according to the complaint, been driving longer than the maximum time period allowed by the regulations.

The accident occurred in the early morning of September 9, 2012. The family, which was traveling cross-country in two cars, was stopped at the rear of a traffic jam on westbound Interstate 80 in western Nebraska. A semi-truck driven by the defendant Josef Slezak approached the line of traffic at about seventy-five miles per hour. The driver allegedly failed to slow or stop the vehicle, hitting the family’s rear car at full speed. This propelled the car into the family’s other car and into another vehicle, killing the occupants of both cars.

The lawsuit names Slezak and his employer as defendants, asserting causes of action for negligence per se, violations of FMCSA regulations, and vicarious liability. The complaint accuses Slezak of violating two FMCSA regulations: a prohibition on operating a commercial motor vehicle while impaired by fatigue or some other cause, and hours-of-service (HOS) rules. Slezak had allegedly been driving for almost nineteen hours. He arrived at a terminal in Milwaukee, Wisconsin, according to the complaint, at 10:49 a.m. on September 8, 2012, and departed at 1:49 p.m. The accident occurred at about 5:19 a.m. on September 9, approximately 920 miles from Milwaukee.

Continue reading "Wrongful Death Lawsuit Seeks to Hold Truck Driver Liable for Hours-of-Service Violations" »

A wrongful death lawsuit arising from a Nebraska automobile accident invokes that state’s fetal death statute, reportedly for the first time since the Nebraska Legislature enacted it in 2003. The plaintiffs in Baumann v. Slezak, et al are asserting multiple causes of action in relation to the deaths of a Maryland couple, their two children, and their unborn child. The unborn child was a viable fetus at the time, which is an important distinction in some jurisdictions. The right to recover damages for the wrongful death of a person requires that the law recognize the decedent as a “person.” Nebraska’s statute explicitly applies to unborn children “at any stage of gestation,” while the District of Columbia’s statute does not mention unborn children or fetuses. Case law from DC, however has established that the law may apply to a “viable” fetus.

The accident in Nebraska occurred during the early morning of September 9, 2012. A family of four, consisting of a father, a pregnant mother, and two children, were driving through western Nebraska on their way to California. Each parent was driving a separate vehicle, and the children were riding with the mother. Traffic on westbound Interstate 80 was at a standstill because of an accident between two semi-trailers about one mile further up the road. While the family’s two cars were stopped, one behind the other, at the rear of the line of traffic, another semi-trailer approached from behind at about seventy-five miles per hour. The driver allegedly did not slow before colliding with the father’s car. This caused his car to collide with the mother’s car, propelling it under the trailer in front of her, and killing the four family members and the unborn child.

The legal representatives of the two parents filed suit on behalf of the parents, the children, and the unborn child, asserting causes of action for negligence and violations of federal trucking safety regulations. They sued the truck driver, his employer, and the driver and truck companies allegedly responsible for the accident that caused the traffic jam, asserting causes of action for negligence and violations of federal safety regulations.

Continue reading "Statutes Allowing Fetal Wrongful Death Lawsuits Vary from State to State: Baumann et al v. Slezak et al" »

A trucking accident on September 20, 1994 on the Capital Beltway in Prince George’s County, Maryland killed one person and left construction worker Brian Buber paralyzed. The subsequent fight over payment of damages shows how difficult it can be to enforce judgments against corporations and other business entities.

On that day in 1994, a tractor-trailer owned by Gunther’s Leasing Transport crashed into a small rental truck. The two vehicles then hit an asphalt-rolling machine in the construction area where Buber was working. The tractor-trailer jackknifed and caught fire. The truck’s passenger, Keith Briscoe, Jr., died in the crash, while the driver was injured. Buber was thrown through the air and suffered head injuries. He reportedly spent hours in surgery as doctors tried to remove fragments of skull from his brain.

Buber still suffers from brain damage, remains confined to a wheelchair and spends twenty hours a day in bed at a nursing home in Harford County. According to the Baltimore Sun, he cannot speak. He communicates by pointing to letters on a laminated card to spell out words. He relies on Social Security and workers’ compensation for support. His mother took care of him until her death in 2009, and now his sister looks after him when she can. Buber’s medical costs exceeded $1 million, and Gunther’s Leasing Transport reportedly had at least $1 million in liability coverage. Buber never saw any money from Gunther, though.

Buber , the family of Keith Brsicoe, Jr., and others brought a lawsuit against Gunther’s Leasing Transport. A jury rendered a verdict for the plaintiffs in 1997, awarding almost $16 million to the plaintiffs. Of that amount, the jury earmarked $13 million for Buber’s medical expenses and ongoing care. The company’s insurance paid the $1 million policy limits amount, but that was divided between the six plaintiffs and did not offer much help towards Buber’s mounting expenses.

Within weeks, Gunther’s Leasing Transport filed for bankruptcy reorganization. It reportedly listed $9 million in assets and $17.5 million in liabilities, most of which was the court judgment. At the time, it also faced an FBI investigation. Mark David Gunther, owner of Gunther’s Leasing Transport, was sentenced to thirty months in prison by a Baltimore federal jury for forging drivers’ logs. A bankruptcy judge approved a reorganization plan for the company that included payments to Buber and the other plaintiffs, but by 2001 the company was so far behind on payments that the IRS had the case converted to a liquidation.

Continue reading "Maryland Trucking Company Shut Down by Safety Regulators, but It Is No Relief to Accident Victims" »

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" »

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

Vehicle rollaway: Leaving the key in the ignition with the vehicle unattended may result in the automatic transmission shifting out of “Park.” This can cause serious injuries to a child left alone in the auto or children outside the car in the event of an accident.

Hyperthermia: According to the NHTSA, heatstroke is the number one cause of non-crash auto deaths for kids under age 14. Already, there have been 21 hyperthermia child fatalities this year. Last year, there were 49 child heatstroke deaths. It is important that young children not ever be left alone in a vehicle—especially in hot weather.

Just this month, the family of one 22-month-old boy filed a wrongful death lawsuit against a day care center because they believe that he was left inside the transport van. With temperatures in the mid-90’s that day, it would have been a lot hotter inside the vehicle.

If your child died in a vehicle-related incident that you believe was caused by another party’s careless, reckless, or negligent acts, contact our Washington DC injuries to a minor lawsuit. Our DC injury law firm would like to offer you a free case evaluation.

Family sues Miami-Dade day care in toddler's death, Sun-Sentinel, July 15, 2011

NHTSA Steps Up Efforts to Prevent Child Deaths in Hot Cars, NHTSA, June 26, 2011

Related Web Resources:
Keeping our Kids Safe, NHTSA

Hyperthermia Deaths of Children in Vehicles, Department of Geosciences

More Blog Posts:
Nearly 800,000 Dorel Child Safety Seats Recalled, Washington DC Injury Lawyer Blog, February 16, 2011

Anne Arundel Accident News: Reckless Driving Blamed in Single-Car Crash that Killed 3-Year-Old, Maryland Car Accident Attorney Blog, July 23, 2011

Toddler and Teen Pedestrians Injured During East Baltimore Car Accident, Maryland Accident Law Blog, July 12, 2010

The National Transportation Safety Board is trying to determine what caused a bus and tractor-trailer to collide on Saturday, killing 15 people in New York. The 56-seat bus then drove through a guardrail, skidded some 480 feet, before turning on its side. A highway sign cut off most of the bus’s roof. Our Washington DC bus accident law firm is continuing to monitor this story and its latest developments.

According to the medical examiner’s office, the victims died from blunt-force trauma as the impact of the crash left passengers bloodied and jumbled over debris, each other, and shattered glass. Most of those who died were of Chinese descent. The latest victim to die is a man in his 70’s. Several others are still in the hospital—six of them in critical condition.

The bus, driving back from the Mohegan Sun casino, is one of a number of buses that travel back and forth between the casinos in Connecticut and New York’s Chinatown. While bus driver Ophadell Williams has said that the tractor-trailer struck the bus, witnesses and survivors says that even prior to the deadly crash, the bus was swerving to the right. Some have speculated that Williams, who has a history of vehicular offenses and served time behind bars for grand larceny and manslaughter, was tired. Meantime, officials are saying that he may have been speeding.

Now, lawmakers are calling on the NTSB to examine the safety regulations for discount tour buses. According to NY Senator Charles Schumer, low-cost tour buses companies have a poor safety record. He believes that numerous traffic crashes that have occurred involving these buses is evidence that the Federal Motor Carrier Safety Administration is not doing enough to regulate them.

If, indeed, drowsy driving contributed to causing the deadly semi-bus truck crash, the victims or their families may have grounds for a personal injury case or a wrongful death claim against the bus company and the driver. Commercial drivers owe an extra duty of care to motorists than do other motorists. In the event of a DC bus crash, serious injuries can result for both those in the bus, who likely weren't using seat belts, and those involved that were pedestrians or the occupants of other vehicles.

With so many discount buses operating in and going in and out of Washington DC, it is important that bus companies and their drivers ensure that passengers are transported safely to and from their destination. If you were involved in a Washington DC bus crash, contact our DC injury law firm today.

Sen. Chuck Schumer demands NTSB oversight of discount buses after fatal Bronx crash, New York Daily News, March 14, 2011

Fatal Bus Crash Driver Had Criminal Record, ABC News, March 14, 2011

15th victim dies from injuries in N.Y. bus crash, The Washington Times, March 14, 2011

Related Web Resources:
Washington DC: Discount Buses, Trip Advisor

NTSB

FMCSA

More Blog Posts:
Maryland Car Accident News: Bus Passengers Injured after Baltimore Traffic Collision, Maryland Car Accident Attorney Blog, January 11, 2010

Maryland Family Settles WMATA Wrongful Death Lawsuit Over Tragic Valentine’s Day Pedestrian-Bus Accident, Maryland Accident Law Blog, June 30, 2008

Over Two Dozen People Injured In Kensington, Maryland As Two Buses Collide, Maryland Accident Law Blog, March 14, 2007

Police are investigating a fatal Washington DC traffic crash in the Third Street Tunnel involving a Department of Public Works truck. The victim, 23-year-old Haja Seymore-Wilson, died on Tuesday after the vehicle she was riding crashed into the truck, which was stopped. Also injured in the DC truck crash were three city workers.

If the city workers were negligent in where they parked their truck or could/should have act in a way that would have prevented Seymore-Wilson’s car from crashing into the truck, her family may find that they have grounds for a DC wrongful death case. However, if it was Seymore-Wilson who was at fault, then it is the city workers who may have grounds for a DC injury case.

During such a stressful time, settling immediately may seem like the best solution. Unfortunately, you may be also be giving away your legal right to receive the maximum recovery possible. There is no need to make your healing process more challenging by trying to pursue your injury recovery without legal help.

Also, figuring out who caused a Washington DC car accident can be difficult, which is another reason why you need to have a DC injury law firm that is working for you. Your attorney can make sure that all evidence is explored and a solid case is built on your behalf. In addition to physical evidence and your actual injuries, your lawyer can look at driving records, witness testimony, auto repair/maintenance records, the history of traffic accidents on that road, and other key data.

Woman killed in D.C. tunnel crash, The Washington Post, March 1, 2011

Candlelight vigil for woman killed in Third Street Tunnel, The Examiner, March 4, 2011

Related Web Resource:
Department of Public Works, The District of Columbia

More Blog Posts:
Maryland Car Accident News: Baltimore Trucker Survives Head-on Crash when Minivan Crosses Centerline on Rte 9, Maryland Car Accident Attorney Blog, March 3, 2011

Baltimore Car Accident News: Driver Dies in Fatal Beltsville, Maryland, Automobile Traffic Wreck, Maryland Car Accident Attorney Blog, February 28, 2011

Baltimore Auto Injury News: Three Hurt when Train Hits Minivan in Wicomico, Maryland, Maryland Car Accident Attorney Blog, February 24, 2011

Continue reading "Washington DC Car Accident in Third Street Tunnel Claims 23-Year-Old’s Life" »

The District intends to install more traffic cameras at street intersections. The main purpose of these new portable cameras is to catch motorists committing traffic offenses, such as failing to come to a full stop and not yielding to pedestrians. The cameras will be placed in areas where there is proven need for greater enforcement and control. D.C. Police Chief Cathy Lanier says the cameras will be put in place “within the next year.”

Intersections are a common site for traffic crashes. With vehicles approaching from opposite directions, pedestrians crossing the street, and people attempting to make left and right turns, the fact that the risk of collision goes up is no surprise.

Our DC personal injury law firm hopes that with additional cameras set up, more people will be discouraged from committing traffic violations that can lead to Washington DC car accidents. The knowledge that one can get caught on camera running a red light or not coming to a full halt at a stop sign, or turning left even when the left turn arrow is red will hopefully prevent such “minor” offenses, which are, in fact, among the most common causes of serious injuries and deaths at intersections.

How to Avoid Becoming Involved in an Intersection Accident:
• Pay Attention
• Don’t drive while distracted
• Be ready to stop or slow down even if there is no “Stop” sign or traffic light
• Yield to the pedestrian that is already crossing the street or the vehicle that is already moving through the intersection even if you technically have the right of way
• Always look in all directions before driving across the street or turning
• Obey traffic rules

D.C. to Add More Traffic Cameras, Government Video, February 7, 2011

Red-light cameras save lives, study says, Washington Post, February 1, 2011

Related Web Resources:
DC Department of Transportation

Insurance Institute for Highway Safety

More Auto Accident Posts:
Washington DC Car Accident Involving Metro Bus Causes Injuries, Washington DC Injury Lawyer Blog, July 6, 2010

Baltimore Injury Accident News: Alcohol Blamed in Fatal I-70 Car Crash that Killed Montgomery County Woman, Maryland Car Accident Attorney Blog, February 6, 2011

Maryland Bicycle Injury News: Family Settles Wrongful Death Suit following Fatal Baltimore Cycling Accident, Maryland Motorcycle Accident Lawyer Blog, December 24, 2010

Continue reading "District of Columbia Adding More Traffic Cameras " »

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" »

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" »

According to the National Highway Traffic Safety Administration, post-mortem test results from between 2005 and 2009 reveal an increase in the level of drug involvement among drivers killed in US traffic crashes. This, however, the NHTSA is quick to qualify that this does not mean that the motorists tested were impaired at the time of death or that use of a drug caused the fatal collision.

Per NHTSA Data:
• 63% of the 21,798 drivers killed in 2009 were tested for drugs.
• 3,952 of these drivers tested positive for drugs.
• Over the last five years, US states have reported an increase in drug use among fatally injured drivers.

According to NHTSA Administrator David Strickland, this report is a warning that too many motorists in the US are driving with drugs in their system and not realizing that this is causing them to become a danger to themselves and others. The data is part of the traffic safety agency’s Fatality Analysis Reporting System (FARS). Our Washington DC injury lawyers want to remind you that if you or someone you love was injured in a car crash by a motorist who was under the influence of drugs or driving while drunk, you may have grounds for a civil case.

Drugged driving is dangerous driving. It doesn’t matter whether the driver is on medication prescribed by a doctor or taking an illegal drug. Depending on the type of drug used and the corresponding side effects, drugged driving can modify a motorist’s perception, attention, cognition, coordination, balance, and reaction time, which are all faculties that affect a driver’s ability to drive safely.

Unlike with alcohol, there is inadequate current technology for determining drug levels and the impairment that can result. There is also no legal limit to serve as a marker for when someone is considered legally impaired and under the influence of drugs. Different US states, however, have passed their own laws and programs for trying to determine whether someone is engaged in drugged driving.

Report is First Ever Analysis of Drug Involvement Among Deceased Drivers in Fatal Crashes, National Highway Traffic Safety Administration, November 30, 2010

Read the Report (PDF)

Related Web Resources:
What is Drugged Driving?, National Institute on Drugged Driving

Stop Drugged Driving

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Attorney Blog

Continue reading "NHTSA Reports Increase in Drug Use Among Drivers Killed in US Traffic Crashes " »

A Washington DC motor vehicle crash earlier this month sent at least 22 people to the hospital. The traffic collision occurred on September 15 in Northwest DC and involved a fire engine and a Metro bus.

The fire truck was headed to a Washington DC pedestrian crash site when it hit the bus on 13th Street and Madison Street at around 10:15 AM. Four of the people injured in the bus-truck crash were firefighters. All of the victims sustained what were considered non-life-threatening injuries. DC Fire and EMS spokesperson Pete Pringer is quoted on WTOP.com as saying that the collision was not a “high speed one.”

The Washington DC bus–fire truck crash, which is under investigation, took place one day after another Metro bus was involved in a Washington DC car collision with an SUV. Five adults and one child that were on the bus sustained injuries. According to Metro spokesperson, a preliminary probe found that the SUV backed into the bus on 7th Street NE and Florida Avenue.

Washington DC Bus Accidents
Commercial buses are common carriers and have a greater duty of care than other motorists to drive safely. Regardless of whether or not a bus crash was caused by the bus operator or another negligent party, it is the bus passengers that are likely to suffer. Most commercial buses lack seat belts and there may be passengers standing while riding on the bus. The lack of safety measures can place bus occupants at risk of traumatic brain injuries, spinal cord injuries, broken bones, and death during a bus collision.

Metrobus Accident in Northeast, NBC Washington, September 14, 2010

22 injured after D.C. fire truck, Metro bus collide, WTOP, September 15, 2010

Related Web Resources:
Washington Metropolitan Area Transit Authority

Federal Motor Carrier Safety Administration, Large Truck and Bus Crash Facts 2008, US DOT FMCSA, March 2010

Continue reading "Two Recent DC Metro Bus Crashes Cause Injuries" »

According to Allstate Insurance, Baltimore and Washington DC rank second to last respectively among the country’s 200 largest cities when it comes to having the best drivers. While drivers in Fort Collins, Colorado, the city that ranked number one, on average get into car accidents just once every 14.5 years, District drivers get into Washington DC car accidents approximately once every 5.1 years—a 96% higher rate than that of the average US motorist. Meantime, Baltimore motorists are 79% more likely to get into a Maryland car accident than the average US driver. The two cities’ rankings were the same as from the year before.

Our Maryland and Washington DC car accident law firm wants to remind you that we offer free case evaluations to traffic accident victims and their families in both states. It is important that you have an injury team advocating on your behalf to ensure that you receive all the personal injury and wrongful death recovery owed yo you.

Steps that you can take to avoid causing a Washington DC motor vehicle crash:
• Don’t drive drunk
• Make sure that your vehicle is up to date on all maintenance checks
• Don’t text message while driving
• Avoid speeding
• Avoid following too closely behind the car in front of you
• Don’t let your anger get the better of you and turn into an aggressive driver
• Adjust your driving according to the weather, road, and traffic conditions
• Keep both eyes on the road
• Avoid distracted driving

Sixth Annual "Allstate America's Best Drivers Report™" Reveals New Safest Driving City, Allstate, September 22, 2010

Download the Report (PDF)

Related Web Resources:
National Highway Traffic Safety Administration

70 Rules of Defensive Driving, Roadtrip America

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog

Continue reading "Washington DC and Baltimore Motorists Rank at Bottom of Allstate’s List of Best Drivers Report" »

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" »

According to a new report, the local governments in Washington DC, Maryland, and Virginia are doing a good job in their efforts to crack down on distracted driving. The report from the Governors Highway Safety Association is called "Curbing Distracted Driving: 2010 Survey of State Safety Programs.”

The report notes that combating distracted driving has become a priority for many states, with many of them enacting tougher laws and coming up with more education programs and media campaigns to educate people about the dangers of driving while distracted. The District (along with Maryland and 42 other state) also now make it a point to collect distracted driving data when Washington DC motor vehicle crashes occur. Also, Washington DC now includes the issue of distracted driving in its driver education classes and driver’s license test, while using social networking sites to make known the dangers of cell phone talking and texting while driving.

The GHSA’s report, however, does note that more effort across the board needs to be made to get teenagers to become more aware that distracted driving is dangerous. Seeing as multi-tasking while driving is dangerous for even the most experienced drivers, it is important that teens, who have the least amount of experience when it comes to operating a motor vehicle, have their full attention on the task at hand so that they don't increase their chance of injury or death.

Distracted driving has fast become a leading cause of US car crashes—especially with the so many people using cell phones to talk and text while driving. According to AAA, distracted driving is a cause of about 3 million auto accidents each years.

Our Washington DC car accident lawyers know how devastating it is to lose someone you love in a motor vehicle crash that could have been prevented were it not for other parties’ negligence.

Region's Distracted Driving Crackdown Gets High Marks, WJLA, June 16, 2010

Curbing Distracted Driving: 2010 Survey of State Safety Programs, GHSA

Related Web Resources:
District Department of Transportation

AAA Exchange

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog

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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

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

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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

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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

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