Car Accidents

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

January 16, 2010 | Lebowitz & Mzhen

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

Driver of Vehicle Charlie Davies was Riding in During George Washington Parkway Car Crash Drank Alcohol, Say Police

December 31, 2009 | Lebowitz & Mzhen

According to police, the driver of the vehicle that US national soccer player Charlie Davies was riding when he was critically injured during a Washington DC car accident last October told them she consumed alcohol before the fatal collision.

Davis, 23, sustained serious bladder injuries and two fractures during the single-vehicle collision on October 13. 22-year-old Maryland resident Ashley Roberta, who was also a passenger, died from her injuries.

The driver of the vehicle sustained minor injuries. She also reportedly told police that she was adjusting her GPS unit when Roberta called out to her to “Watch out.” The vehicle then struck a guard rail close to Boundary Channel. The impact of the crash cut the vehicle in half.

With 77.7 Million People Expected to Hit the Road for the Holidays, Our Washington DC Car Accident Attorneys Would Like to Remind Motorists to Drive Safely

December 19, 2009 | Lebowitz & Mzhen

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

Auto Products Liability: In Washington DC, US Supreme Court Rejects Ford Motor Corp’s Appeal Over $82.6 Million SUV Rollover Accident Verdict

December 2, 2009 | Lebowitz & Mzhen

In Washington DC, the US Supreme Court has rejected Ford Motor Co’s appeal to reverse an $82.6 million auto products liability decision against the auto manufacturer. A jury initially award Benetta Buell-Wilson and her husband $356 million after a 2002 car crash caused her to become a paraplegic. A metal piece had fallen off the vehicle in front of Buell-Wilson’s 1997 Ford Explorer, which rolled over as she swerved the vehicle to avoid striking the object.

Ford has spent the last five years seeking to overturn the auto products liability verdict, which an appellate court later reduced to $82.6 million: $55 million for punitive damages, $5 million for loss of consortium, $18 million for noneconomic damages, and $4.6 million for economic damages.

The Supreme Court already returned the auto products liability lawsuit to the lower courts in 2007 following its Philip Morris USA v. Williams decision, which found that juries can’t make defendants pay punitive damages for harm suffered by people not connected to the case. An appeals court, however, determined that no modification of the previous ruling was necessary.

110,000 Toyota Pickup Trucks Recalled in Washington DC, Maryland, and 19 Other States Because of Worries that Excessive Rust Can Lead to Brake Failure and the Dislodging of Spare Tires

November 25, 2009 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is recalling 11,000 Toyota Tundra pickup trucks in the District of Columbia and 20 US states, including Maryland. The recall was announced due to concern that road salt can cause the vehicle’s frame to corrode excessively. The recall only affects Toyota Tundras, model years 2000 – 2003, registered in US states where chemical-de-icers are used on roads during winter weather.

The NHTSA says Toyota will replaced any damage to a vehicle’s frame or place a rust-resistant compound on the affected area. There is concern that corrosion may cause the vehicle’s spare tire, which is stored in the motor vehicle, to dislodge and fall onto the road (posing a potential road hazard) or on another vehicle. The development of rust on the vehicle can also lead to brake failure if the rear brake lines become damaged.

Considering that drivers need their brakes to work properly so that they can stop their vehicles, having brakes that don’t work properly can prove catastrophic. Brake failure can cause a vehicle to collide into another auto/solid, nonmoving object, strike a pedestrian, or drive into oncoming traffic.

The federal government has received at least 20 complaints that the corrosion has caused causing brake problems or spare tire separation.

Motor vehicle defects can cause serious injuries, as evidenced by the tragic accident that compelled Toyota to recall 3.8 million motor vehicles last September because of concerns that the floor mat on the driver’s side can jam the accelerator. A family died last August because of this very defect.

Auto defects can be grounds for a Washington DC auto products liability lawsuit by the victim or surviving family members.

Recall Alert: Toyota Tundra, US News, November 25, 2009
Toyota Safety Recall Involves Record 3.8 Million Cars, Wired, October 1, 2009

Related Web Resources:
Toyota

Elderly Man Dies from Injuries Sustained during Washington DC Pedestrian Accident on the Mall

November 17, 2009 | Lebowitz & Mzhen

A 76-year-old man has died from his injuries after he and his wife were struck by a motor vehicle on the Mall in Washington DC this Sunday. According to police, Richard Greenstein and his wife were in a marked crosswalk on Madison Drive NW at 12th street when a vehicle that was backing up struck the two of them.

Greenstein’s wife was treated for minor injuries before being released. Police are investigating the Washington DC pedestrian accident.

In another pedestrian accident, this one on the DC-Maryland border, a 54-year-old man died from injuries he sustained in Temple Hills when he was struck by two Secret Service autos on their way back from Andrews Air Force base. The vehicles are used by Vice President Joseph Biden, who was not in either auto when the pedestrian crash happened at around 3am EST.

Larry D. Moore was crossing the parkway at Naylor Road when he sustained “multiple critical injuries.” He was later pronounced dead. Police are investigating the deadly traffic crash.

According to the National Highway Traffic Safety Administration, of the 34 Washington DC traffic deaths that occurred in 2008, 9 of them were pedestrian fatalities. Nationally, 4,378 pedestrians were killed and 69,000 others were injured.

More NHTSA 2008 Pedestrian Facts:

• 72% of US pedestrian deaths took place in urban areas.

• 70% of the pedestrians that died were males.

Because they have nothing to protect them during the impact of colliding with a truck, bus, car, or motorcycle, pedestrians nearly always get the short end of the stick when involved in a Washington DC traffic accident. The injuries are often fatal or incredibly serious, requiring extensive medical procedures and rehabilitation care.

Man struck by car on Mall dies, Washington Post, November 17, 2009
Man killed in Secret Service crash identified, Gazette.net, November 12, 2009
Biden’s Secret Service motorcade involved in fatal accident, The Raw Story, November 11, 2009

Pedestrians, NHTSA (PDF)

Related Web Resources:

United States Secret Service

US Department of Transportation

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

November 3, 2009 | Lebowitz & Mzhen

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

Halloween Can Be Scary for Washington DC Pedestrians

October 28, 2009 | Lebowitz & Mzhen

Ghosts and goblins may not be the scariest part of Halloween for kids. According to the National Highway Traffic Safety Administration, Halloween is the second deadliest day of the year for pedestrians. Meantime, Safe Kids USA reports that kids are twice as likely to die in a child pedestrian accident on Halloween night than any other night.

The reason that the night of October 31 brings with it a greater risk of Washington DC pedestrian accidents is that there are more kids out on the streets and sidewalks than on other nights because they are trick or treating. Also, Consumer Reports is reminding readers that this year, Halloween is on a Saturday. This means there is no school or work the next day. The NTSB says that more pedestrian accidents happen on Saturdays than on any other day of the year. Because November 1, 2009 is when we’ll turn our clocks back an hour, this year, people have one more hour to stay out on Halloween.

Just because Halloween is a time for tricks and treats doesn’t mean that drivers and pedestrians should become less vigilant when out on the streets. Little kids in costume can be hard to see—especially if they are wearing dark clothing or masks—and in the excitement to get from one house to the next a young child may run into the middle of the road unexpectedly. Parents should make sure that young kids do not walk around by themselves unattended or, at the very least, familiarize them with the rules of safe walking.

For drivers, driving drunk on any night is never a good idea. It’s an especially bad idea on Halloween night when motorists must watch out for child pedestrians. Driving slower than the speed limit can also help. Now is also a good time (as any) to stop text messaging or talking on the cell phone while driving.

If your child was injured in a Washington DC pedestrian accident because a motorist was careless or reckless, you may have grounds for an injuries to minors lawsuit.

Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009
Halloween safety tips for pedestrians and drivers, Consumer Reports, October 28, 2009

Safe Kids USA

Educating Child Pedestrians, WalkingInfo.org

58.9% Of Traffic Deaths in Washington DC, Maryland, and Virginia Between 2004-2008 were Single-Vehicle Accidents

October 14, 2009 | Lebowitz & Mzhen

Single-vehicle crashes make up nearly 62% of Washington DC traffic deaths. According to 2004-2008 statistics, 58.9% of the 7,945 traffic fatalities on highways in the District, Virginia, and Maryland were single-vehicle collisions.

AAA Mid-Atlantic spokesperson John B. Townsend II attributes single-vehicle accidents to driver error, poor road conditions, speeding, drunk driving, negligent driving, and night driving. Townsend says that based on the National Highway Traffic Safety Administration’s traffic death data over the last five years, single-vehicle accidents also accounted for nearly 64% of traffic deaths in Virginia and 53% of Maryland motor vehicle fatalities.

Yesterday morning, US soccer team member Charlie Davies sustained serious injuries in a single-car crash on the George Washington Memorial Parkway. Davies sustained leg fractures, facial fractures, an elbow fracture, and a lacerated bladder. He underwent surgery yesterday afternoon and his career may be over.

President Obama Bans Federal Employees from Texting While Driving

October 7, 2009 | Lebowitz & Mzhen

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