Car Accidents

Maryland Appellate Court Defines Limitations on Injury Victims’ Insurance Coverage

May 1, 2015 | Lebowitz & Mzhen

A recent case in front of the Maryland Court of Appeals affirmed a judgment favorable to an accident victim’s insurance company, limiting the victims’ overall damages. Back in 2009, a man and his wife from Waldorf were taking a walk through their neighborhood when a car backed up out of a driveway and struck the couple.

As a result of the accident, both the man and his wife sustained serious injuries. The man sustained a traumatic brain injury, as well as injuries to his head, neck, and limbs. He was taken to a rehabilitation center, where he died about 18 months later. The man’s wife also sustained injuries in the accident, although not as serious as her husband.

In 2010, the couple filed suit against the driver and his insurance company. At the time of the accident, the couple also had their own insurance coverage, through GEICO, which had a policy limit of $300,000 per person and $300,000 per accident. The couple entered into a settlement agreement with the driver’s insurance company for $100,000 each and then filed an underinsured-motorist claim under their own insurance company, seeking to recover the entire $300,000 that their policy covered.

Paul Ryan’s Chief of Staff Involved in Car Wreck, Accident Victim Seeks Compensation from Ryan

March 17, 2015 | Lebowitz & Mzhen

Last year, one man and his passenger were injured in a car accident involving U.S. Representative Paul Ryan’s (R-WI) chief of staff on Interstate 395. Ryan’s chief of staff was driving Ryan’s car at the time. Earlier this month, the two injured in the accident filed suit against both Ryan and his chief of staff claiming that driver at the time was following too closely, resulting in the accident. Paul Ryan was not in the car at the time of the accident.

According to a recent news report by 4 NBC Washington, the accident occurred on I-395 when Ryan’s vehicle crashed into the back of the accident victim’s vehicle. No one suffered serious or life-threatening injuries. However, the driver and his passenger both sustained a “closed head injury” and reported nausea and a concussion.

Recently, the two filed suit in U.S. District Court in Washington, D.C. against both Ryan and his chief of staff. According to the news article, the U.S. Department of Justice is defending the suit against Ryan because he is a federal government employee. The Department has filed an answer to the complaint, claiming that the government is immune from suit and that it should be dismissed.

Chinatown Accident Kills One and Injures Several Others in Northwest DC

February 24, 2015 | Lebowitz & Mzhen

Earlier this week in the Chinatown area of Washington, D.C., one man was killed when an SUV rolled over him, pinning him underneath until emergency responders were able to free him. According to one local news report, the accident occurred at H Street between 4th and 5th Streets.

Evidently, the driver of an SUV was speeding down H Street towards 5th Street when he lost control of the vehicle. The SUV began to roll and collided with a traffic-light pole, which came crashing down into a nearby building. After going through the pole, the vehicle continued until it hit a wall, causing it to rotate. Ultimately, the SUV came to a rest on top of a pedestrian. At some point in the SUV’s tumble, it collided with another person as well.

The man pinned underneath the SUV was pronounced dead at the scene. The driver of the SUV, as well as the other pedestrian who was hit by the SUV, are both in the hospital with serious but non-life-threatening injuries. Police are currently conducting an investigation into the fatal accident, and charges are pending against the driver of the SUV.

DC Man Arrested After Spree of Hit-and-Run Accidents

December 16, 2014 | Lebowitz & Mzhen

Earlier this month, police arrested and charged a man who was involved in a series of hit-and-run accidents across Washington DC. According to a recent report by the Capital Gazette, the man was charged with 18 counts, including drunk driving and multiple charges of failure to remain at the scene following an accident.

Luckily, many of the vehicles the man ran into were unoccupied, but one person was taken to Maryland Shock Trauma as a result of the injuries he sustained. Evidently, the hit-and-run spree began around 6:15 in the evening in the area of Juliana Circle and Newtowne Drive, when a black Jeep sideswiped an unoccupied Nissan that was parked on the side of the road.

After that initial collision, the Jeep continued on down Newtowne Drive. As the driver was negotiating a curve, however, he ran head-on into a city bus. The driver then put the vehicle in reverse, ran over the curb and through a fence, and pulled away, hitting the bus again on the way out.

Drunk Driver Pleads Guilty to DUI After Getting in Wreck

November 18, 2014 | Lebowitz & Mzhen

Earlier this month in the DC area, an Annapolis woman was arrested and charged with driving under the influence after she crashed into two bicyclists, seriously injuring one of them. According to a report by CBC DC, the accident occurred back in June 28 on the Governor Ritchie Highway.

Evidently, for an unknown reason the woman veered out of her lane and drove onto the right shoulder, which is designated as the Baltimore & Annapolis trail. Once she crossed into the right shoulder, she hit two bicyclists who were riding on the trail, a 28-year-old and a 27-year-old. Both of the victims were flown to Shock Trauma.

One of the victims was released shortly after she was admitted. However, the other victim was held in the hospital for almost a month before staff felt that she was in good enough condition to return home.

Woman Sentenced for Fatal Dupont Circle Hit-and-Run

October 3, 2014 | Lebowitz & Mzhen

Back in 2010, a 24-year-old woman was killed as she was getting out of a parked car when a driver struck her in a last-second lane change. According to a report by WUSA 9, the driver of a Lexus SUV was on Connecticut Avenue NW in a lane that would take her through a tunnel under Dupont Circle. At the last minute, she changed lanes and entered a non-tunnel lane.

However, as she did so, she struck the 24-year-old woman getting out of her car. The driver continued on her way, not stopping to see if the victim was hurt. A witness to the accident hopped on a bike and followed the car, eventually getting close enough to get her license plate number. The witness called police, who then showed up at the woman’s apartment complex. The woman was in her vehicle, keys in hand, with a strong smell of alcohol on her breath. The front right headlight was damaged.

Misplaced Construction Sign Results in $100,000 Settlement with St. Louis County

August 21, 2014 | Lebowitz & Mzhen

Back in 2012, a Missouri high-school girl lost her life in a traffic accident when she was broadsided by another vehicle as she crossed a four-lane road. The four-lane road was under construction as she was attempting to cross it, and there was evidence submitted that it was difficult to see oncoming traffic because of a construction sign that had been placed there by road crews.

According to a local report, the girl’s family looked to St. Louis County, who hired the allegedly negligent crew, for answers. Just this past week, the County Attorney for St. Louis County approached the County Board and asked for them to approve a $100,000 settlement in order to avoid the ongoing cost of litigation. He claimed that it was a “reasonable amount given the facts and circumstances” of the case.

The lawsuit also named other parties, including the two construction companies who were in charge of the project. The specific theory of liability asserted that the crews were negligent for placing a road sign in the way of motorists’ view, essentially blocking their direct view of oncoming traffic. Furthermore, the suit alleged that the construction crew and the county government actually ignored warnings that the intersection was unsafe due to the placement of the sign.

Recent Report Takes a Look at DC Car Accidents

July 24, 2014 | Lebowitz & Mzhen

In a city that is occupied by drivers from several surrounding states, the question often arises, “who causes most of the accidents in Washington DC?” An article by the Washington Post takes a look at a recent study released that analyzes some of the traffic and accident data in the nation’s capitol.

Although Washington DC shares a border with Maryland and Virginia, and is a popular tourist destination, the number one group involved in accidents in DC is, in fact, DC residents. In second place are Marylanders, causing about one-third of the accidents in the nation’s capitol.

Tourists and drivers from Virginia are actually responsible for very few accidents, given the high prevalence of both populations.

GM Recalls Allegedly Defective Cars, Faces Tough Questions of Liability

April 30, 2014 | Lebowitz & Mzhen

A defective ignition switch in cars manufactured by General Motors (GM) has been linked to at least thirteen deaths over the past decade, and the company has recalled millions of vehicles during the first few months of 2014. The CEO of GM has been called to testify before Congress, and various public figures have called for investigations and prosecutions. Several lawsuits have been filed, including an emergency motion seeking to speed up the recall process. Individuals who have already settled with GM are reportedly considering seeking to overturn their settlement agreements.

A component of the ignition switch in many GM cars is at the center of the problem. The defective part, called a switch indent plunger, keeps pressure of the ignition switch to keep it from turning off while the car is in motion. Shutting off the ignition disables anti-lock brakes, airbags, power steering, and all other electrical components, which can be disastrous while a car is in motion. The part was not able to apply enough torque to keep the ignition from turning off if the ignition key had too much weight on it, such as if the driver had numerous other keys on a keychain. Ignition shut-offs because of this defect have resulted in multiple crashes and at least thirteen fatalities.

GM began recalling Cobalts, Ions, and other small-model cars in February 2014. The company reportedly notified its dealers about the defect in 2005. The recall affects more than 2.5 million vehicles. The company maintains that recalled vehicles are safe if the driver removes everything else from the keyring with the ignition key, minimizing the pressure on the ignition switch.

New Federal Regulations Will Require Backup Cameras in All Motor Vehicles Within Four Years

March 26, 2014 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration (NHTSA) recently issued a new regulation that will require all vehicles under 10,000 pounds to have backup cameras by 2018. A lack of rear visibility causes a substantial number of pedestrian injuries and deaths every year. Children face a greater risk, simply because they tend to be smaller and therefore more difficult for a driver to see if they are directly behind a vehicle. A law passed by Congress in 2007 directed the NHTSA to develop regulations by 2011, but multiple delays have occurred since then. A lawsuit filed in September 2013 sought a court order directing the government to issue the rule mandated by the 2007 law.

The NHTSA reports that backover accidents, in which a vehicle strikes a person or another vehicle while driving in reverse, cause around 15,000 injuries and 210 deaths every year. Thirty-one percent of the deaths caused by backover accidents are children under the age of five, and twenty-six percent are adults age seventy and older. The new regulation, which will be added to Part 571 of Title 49 of the Code of Federal Regulations, will require the installation of backup cameras in new vehicles beginning on May 1, 2016, with full compliance expected by May 1, 2018. Cameras must be able to display a 10-foot by 20-foot area behind the vehicle. The NTHSA estimates a maximum cost of $45 per vehicle to install a camera, or $142 to install a full system. It states that the regulation, once fully implemented, will save fifty-eight to sixty-nine lives per year.

Congress directed the NHTSA to make a rule requiring backup cameras in the Cameron Gulbransen Kids and Cars Safety Act of 2007. The bill was named for a two-year-old child who died when his father, unable to see him in the rearview or sideview mirrors of his SUV, accidentally backed over him in 2002. The bill gave the NHTSA eighteen months to issue a preliminary regulation, with a determination on a final rule required within thirty months of the bill’s enactment. The NTHSA’s final deadline was in February 2011, but it kept delaying a final determination. In its press release announcing the rule on March 31, 2014, the NHTSA stated that it delayed issuance “to ensure that the policy was right and make the rule flexible and achievable.”