Pedestrian Accident

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

Distracted Driving Summit Focusing on Dangers of Texting Opens Today in Washington DC

September 30, 2009 | Lebowitz & Mzhen

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.

Metrobus Driver Who Struck Jogger in Washington DC Pedestrian Accident is Fired

September 25, 2009 | Lebowitz & Mzhen

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

In Washington D.C., A Recent Increase In Pedestrian Deaths

February 20, 2007 | Lebowitz & Mzhen

There have been reports of a recent rise in pedestrian deaths in the Washington D.C. area. While 17 pedestrians were killed on D.C. roads during all of 2006, four pedestrians were killed within one week alone in early February. By February 12, five pedestrians fatalities in D.C. had already been noted for 2007:

· Metropolitan Police say one pedestrian was killed on February 11 when he was hit by a Maryland man driving a 2004 Mitsubishi Endeavor. The victim appeared to be drunk and crossed the street outside the crosswalk.

· Another pedestrian, J’lin Tyler, a 6-year-old elementary school student, was killed after he ran into the street and was hit by a Jeep Cherokee on February 9.

· On February 7, a man went to the Third Street Tunnel entrance to help a driver whose tractor-trailer was too tall to go through the tunnel without guidance. As the driver put the truck into reverse, the man, who was directing the driver, moved into the way of a cement truck and was fatally struck.

· Another man, Gary Scott Phillips, was crossing New Hampshire Avenue, NW, on February 3 when a man riding a bicycle hit him. Phillips died as a result of the accident.

· On January 16, Carla Gonzales, 24, ran in front of a Metrobus, which struck and killed her on 16th Street NW.

In 2004, 10 pedestrians were killed in the Washington D.C. area. 16 pedestrians died in 2005.

Washington D.C. Mayor Adrian M. Fenty says that his administration is working on a Pedestrian Master Plan, which will identify the improvements that are necessary to the District’s crosswalks, sidewalks, refuge islands, and countdown signals.

While pedestrian error is a common cause of pedestrian injures and fatalities, driver error can also lead to pedestrians getting hurt or being killed on the road.

Examples of Common Driver Errors Leading To Pedestrian Injuries Or Deaths:

· Ignoring a crosswalk, the signal on a traffic light, or a pedestrian crossing sign
· Driving under the influence of alcohol or drugs
· Disregarding a traffic light or a pedestrian walk sign
· Not paying attention to a pedestrian that is crossing the road, whether or not they are in a designated crossing area
· Not paying attention while driving by a stopped school bus to see whether children might be preparing to cross the street or get off or on the bus

A pedestrian struck by a car, motorcycle, truck, SUV, or other kind of moving vehicle can sustain serious injuries and possibly even be killed in an accident. When a driver’s negligence leads to a pedestrian injury or death, the driver may be held liable for the injuries or wrongful death through a personal injury claim filed on behalf of the victim or their loved ones.

In Washington D.C., A 7-Year-Old Child Is Hit By A Car On Stanton Road

October 4, 2006 | Lebowitz & Mzhen

Yesterday, A 7-year-old child was hit by a motor vehicle after she ran onto the 2900 block of Stanton Road. According to police, the child is being treated for bruises and scrapes. This is the second child pedestrian-related accident on a D.C. street in the last few days.Just five days ago, 4-year-old girl was killed by a truck.

In 2005, According to the National Highway Transportation Safety Administration (NHTSA):

· 64, 000 pedestrians were injured.