Washington DC Injury Lawyer Blog

Lime Scooter Rider in ICU Following Hit-and-Run by Driver

September 30, 2023 | Lebowitz & Mzhen

Hit-and-run accidents are often characterized by several distinct elements. Common characteristics include the accident having very few witnesses and or poor lighting, as the driver is more likely to believe there will not be repercussions for their behavior. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Similarly, drivers are much more likely to flee the scene of an accident between the hours of midnight and 4:00 a.m., than between 8:00 a.m. and 11:59 a.m. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior.

What Is a Hit and Run Accident?

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash departs the scene of the crash before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for many reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015. This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.

A recent article described how a serious hit-and-run accident occurred early on the morning of Sunday, September 25. Around 4:00 a.m., a man was riding a Lime motorized scooter on the way home on 14th Street Southwest when the incident occurred. A witness told law enforcement officials that she was right behind the driver when she saw the car hit the scooter near 14th Street and Jefferson Drive Southwest. The witness said that the driver did not stop when the collision occurred, and instead, kept driving toward Virginia. After seeing the crash and realizing the driver was not stopping, the witness followed the car that hit the scooter and took down the license number. She then called the police. That night, first responders from D.C. Fire and EMS took the man to a local hospital. The scooter rider is now recovering in the ICU. The driver has not been located and the hit-and-run is now being investigated by the D.C. police.

Driver Fleeing Traffic Stop Results in Fatal Washington D.C. Car Accident

September 19, 2023 | Lebowitz & Mzhen

A recent Washington D.C. news article discusses how alleyways in Northeast D.C. are increasingly being used as commuter shortcuts. Local neighbors describe the issue as a crash waiting to happen. While traffic in the area is already bad, things have gotten worse in Brookland as local alleyways have become popular commuter routes to cut down drive times. Neighbors claim to avoid traffic on 12th Street, NE drivers are taking a detour at Varnum or Upshur Streets and cutting through their alley. The new traffic ranges from morning commuters to Amazon delivery trucks. One resident even saw a D.C. school bus cutting through the alleyway on their Ring doorbell camera. A resident described the traffic as “a continuous rotation of cars.” Another stated that it’s not about banning all traffic in the alley, but was worried that drivers were treating the alley like a main road, rarely respecting the 15 mile-per-hour speed limit.

According to D.C. Law, drivers traveling through alleyways are required to stop at the edge of the alley before reaching the sidewalk, allowing the driver to see if someone is crossing the alley on the sidewalk. Neighbors and local residents claim that drivers are not complying with those requirements. One neighbor stated that drivers only “stop at the street so they can see if a car is coming, but a lot of kids walk through here.” Another stated, “There’s a school and there are a lot of kids in the neighborhood. So, if a car stops out here and a kid happens to be running by – it could be quite tragic. So, it’s a constant worry of mine.”

Was 2022 a Bad Year for Traffic Fatalities?

The National Highway Traffic Safety Administration (NHTSA) recently released projections for traffic fatalities in 2022. The NHTSA projects that 31,785 people died in traffic crashes in the first nine months of 2022. This represents an increase from 2021 and an even greater increase from 2020. There are many different causes of traffic accidents, including aggressive driving, driving under the influence, tired drivers, poor weather conditions, and poorly maintained roadways. According to AAA, aggressive driving is a factor in 54% of all fatal automobile accidents. AAA reports that 78% of drivers reported committing at least one aggressive driving behavior in the past year, including tailgating, yelling, or hoking to show annoyance to another driver. Additionally, children are particularly susceptible to car accidents, as their smaller profile can be harder for drivers in large vehicles to see.

Six People Hospitalized in D.C. Hospital Garage Car Accident

August 22, 2023 | Lebowitz & Mzhen

While many car accidents are the result of reckless driving or disobeying traffic laws, sometimes, drivers are rendered unconscious or unresponsive because of a medical emergency. Medical emergencies can range from choking or fainting to even more severe emergencies such as strokes, heart attacks, or seizures. Car accidents involving medical emergencies can be serious and often fatal, as nearby pedestrians and other cars are not aware of the sudden loss of control by the individual experiencing the medical emergency.

In a recent news report, a Washington D.C. accident occurred when a car hit multiple people inside the MedStar Georgetown University Hospital parking garage on the afternoon of Thursday, July 20. While D.C. Fire and EMS initially reported that five pedestrians were struck in the hospital garage, the hospital later stated that it was treating a sixth patient related to the incident. According to officials, the patients were being treated at the hospital’s emergency room and the driver was also being evaluated. Officials also confirmed that at least one adult woman involved was not conscious or breathing. Fire officials did not offer any additional details on the medical condition or identity of the driver and it is unclear what caused the crash.

How Do You Prove Fault in DC Car Accidents involving Medical Emergencies?

When it comes to Washington D.C. car accident cases, defendants claiming to have experienced a medical emergency that led to a car accident have the option to pursue an Act of God defense. An Act of God defense in Washington D.C. offers a defense when the force of nature is uncontrolled and uninfluenced by humans and could not be prevented or avoided. Such a defense is difficult to successfully deploy and both parties need to examine the at-fault driver’s medical records to determine several issues. (1) Did the driver have pre-existing medical conditions, (2) was the driver taking medication for their condition, and (3) were any medical restrictions in effect at the time of the accident? Establishing if a medical emergency did in fact occur, and if so, to what degree it was foreseeable, and what steps the at-fault driver took to mitigate the risk of medical emergencies is vital to arriving at a proper result for a plaintiff’s claim. Successfully defeating a defense revolving around a medical emergency potentially involves proving that there were symptoms of the medical emergency that the at-fault driver negligently ignored, ultimately causing the accident.

Two Killed in Fatal Washington D.C. Hit and Run at the National Mall

August 20, 2023 | Lebowitz & Mzhen

Hit-and-run accidents are often characterized by certain specific factors. Common characteristics include the crash having few witnesses and or poor lighting. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Relatedly, people are much more likely to flee a crash between the hours of midnight and 4:00 am, than between 8:00 am and 11:59 am. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior. A recent article described a hit-and-run accident involving a truck and a motorcycle.

The recent article described how a fatal hit-and-run collision unfolded on Thursday, July 13. Around 1:30 pm, Secret Service agents stopped the driver of the vehicle at the corner of 17th Street NW and Constitution Avenue over an alleged expired registration. According to the Secret Service, the unidentified driver allegedly signaled he would slow down and pull over, but just before he stopped, he sped up. After speeding up, the driver allegedly crossed through a red traffic signal light and struck two people before driving away from the scene. The victims were a 75-year-old man from Philadelphia and a 13-year-old girl according to the U.S. Park Police. The 75-year-old man was pronounced dead at a nearby hospital while the 13-year-old girl was treated at the scene and released.

What is the Definition of a Hit and Run Accident?

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash flees the scene before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit-and-run accidents are a major issue for a number of reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims. As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015 (NHTSA, 2016). This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.

One Killed in Fatal Washington D.C. Hit and Run Accident

July 30, 2023 | Lebowitz & Mzhen

The AAA Foundation for Traffic Safety defines hit-and-run accidents as collisions in which at least one person involved in the crash flees the scene before offering any (or sufficient) information or aid to the other involved person(s) or fails to properly report the crash. Hit and run accidents are a major issue for a number of reasons, but in particular, they can increase the severity of outcomes given delays or the complete absence of medical attention for the victims.

How Common Are Hit and Run Accidents?

As of 2017, the AAA Foundation for Traffic Safety has found that both the rate and fatality levels of hit-and-run collisions are on the rise. There were an estimated 737,100 hit-and-run crashes in 2015 (NHTSA, 2016). This translates to a hit-and-run crash happening somewhere in the U.S. every 43 seconds. The 2,049 fatalities that resulted from hit-and-run crashes in 2016 were the highest number recorded up to that point.

Hit-and-run accidents are often characterized by certain specific factors. Common characteristics include the crash having few witnesses and or poor lighting. If there are many witnesses or the scene is highly visible, people are less likely to flee the scene of a crash. Relatedly, people are much more likely to flee a crash between the hours of midnight and 4:00 am, than between 8:00 am and 11:59 am. This is due to a host of reasons, but one explanation is that nighttime drivers generally engage in more risky behavior. A recent article described a Washington D.C. hit-and-run car accident.

Popular Kitchen Item Recalled After Reports of “Severe Cuts” to Users

June 30, 2023 | Lebowitz & Mzhen

When an item malfunctions, doesn’t function as intended, or has defective parts, there are multiple types of product liability claims that injured parties can pursue. The three overarching types of product liability claims are 1) manufacturing defects, 2) design defects, and 3) failure to warn, also known as marketing defects. In most places, these three types of claims are not sufficient to stand as legal claims on their own. Instead, they are pleaded as part of a larger case. For example, those injured by an item that is poorly manufactured and subsequently has a faulty internal system may be able to plead manufacturing defects and negligence on the part of the manufacturer or the designer.

What Are the Most Common Types of Product Liability Cases?

To understand each type of liability, it is important to have a working definition. Manufacturing defects are often those that take place during the manufacturing process itself. These issues are typically the result of poor workmanship or the use of cheap or low-quality building materials. Design defects are usually the result of an inherently poor or defective design of a product. In practice, this means that regardless of how well assembled and sourced the product is, the defective design means that the item will fail to meet basic safety standards and expectations. Failure-to-warn defects exist in items that pose dangers to people that are not obvious when those dangers could be mitigated by public warnings. It is important to note with this type of liability that the danger is inherent to the item and is not the result of a defect or poor design. An example would be an item like a chainsaw, an item with a legitimate use, that is still dangerous when made properly.

A recent local news article discusses the recall of a defective item. In a recent news article, the recall of nearly 500,000 juicers is detailed at length. The recall was prompted by reports from customers that hundreds of the units malfunctioned, resulting in injuries that required emergency treatment according to federal officials. The U.S. Consumer Product Safety Commission (CPSC) announced that Empower Brands is recalling approximately 469,000 Power XL Self-Cleaning Juicers due to laceration and ingestion hazards experienced by customers. According to the CPSC, the juicers have a tendency to rupture during use, striking customers and posing a laceration hazard to people in the vicinity. Additional malfunctions have revealed that the juicers have been known to leave small particle shavings in the juice, posing an additional concern for consumers.

Six Construction Workers Struck in Fatal Maryland Crash

May 31, 2023 | Lebowitz & Mzhen

Accidents can happen in a split second and can happen as a result of a misjudgment or distracted driving, and can even cause a chain reaction that leads to other vehicles being involved in a crash. In addition, our roads and highways are constantly changing, with construction work zones popping up in different areas depending on the day and the conditions of the roads. The Highway work zones can be hazardous for motorists driving near the zones, and for workers who are busy working to maintain our infrastructure. According to the Federal Highway Administration, from 1982 through 2020, 29,493 individuals lost their lives in work zone crashes, which equates to about 776 per year. These numbers are startling and point to a need for motorists to pay special attention and drive with caution around work zones.

A recent news report revealed a tragic accident that resulted in the death of six construction workers in Maryland. Two drivers were involved in the fatal crash. One driver was taken to Shock Trauma after the crash, while the other driver of a Volkswagen was not injured, although his vehicle became disabled. According to the initial investigation, the first driver was attempting to change lanes when her vehicle struck the front corner on the passenger side of the Volkswagen. Investigators believe that this caused the first driver to lose control of the vehicle and crash into the work zone. The vehicle entered the work zone, struck construction workers, and overturned.

How Can Drivers Stay Safe in Construction Zones?

Slowing down when driving near work zones can potentially save lives. The truth of the matter is that when cars are going faster, there is a greater chance that someone can be severely injured or killed in an accident. States like Maryland have Move Over laws that require drivers to move over when approaching any stopped standing or parked vehicle displaying warning signals including hazard warning lights, road flares, or other caution signals including traffic cones, caution signs, or non-vehicular warning signs. Paying close attention to changing conditions on the roads can be key to saving lives. However, sometimes accidents are just that – humans who make a mistake that could lead to injuries, and that are unfortunately sometimes unavoidable. If you are involved in a car crash and are looking for help navigating recovering damages, connect with an experienced personal injury lawyer today.

Driver Fleeing Traffic Stop Results in Fatal Washington D.C. Car Accident

April 23, 2023 | Lebowitz & Mzhen

A recent article described a Washington D.C. car accident. The article described how a Washington D.C. car accident occurred when very early in the morning around 1:45 am when a Lexus SUV fleeing from a traffic stop crashed into a Honda sedan on Rock Creek Parkway. All three people in the Honda were killed in the crash. The driver of the Honda was a Lyft driver that had picked up two passengers from D.C. Both the passenger and the driver of the Lexus survived the crash. According to the D.C. Department of Motor Vehicles, the Lexus had 44 outstanding traffic tickets, with 43 of the tickets for speeding and one for running a red light. According to the article, all 44 infractions occurred within 10 months of the crash.

The article further explored the operation of the Washington D.C. traffic camera system. Three separate agencies are responsible for the program, with the Department of Transportation managing the physical traffic cameras, the Department of Motor Vehicles handling fines, and the Department of Public Works tasked with booting and towing cards with outstanding tickets. As of 2021, the Department of Public Works had approximately four employees dedicated to booting and towing. Washington D.C. launched a Vision Zero program in 2015 targeted at decreasing road fatalities. Unfortunately, since the program’s launch, traffic deaths in the city have actually gone up.

How Common Are Maryland Car Accidents?

The National Highway Traffic Safety Administration (NHTSA) has released its latest projections for traffic fatalities in 2022. The NHTSA estimates that 31,785 people died in traffic crashes in the first nine months of 2022. This represents an increase from 2021 and an even greater increase from 2020. There are many different causes of traffic accidents, including aggressive driving, driving under the influence, tired drivers, poor weather conditions, and poorly maintained roadways. According to AAA, aggressive driving is a factor in 54% of all fatal automobile accidents. AAA reports that 78% of drivers reported committing at least one aggressive driving behavior in the past year, including tailgating, yelling, or hoking to show annoyance to another driver.

Four-Vehicle D.C. Accident Causes Multiple Injuries and Critical Injuries

March 31, 2023 | Lebowitz & Mzhen

When a car collision occurs that involves multiple vehicles, there can be added stress of dealing with multiple people with multiple injuries, various insurances, and determining who was the at-fault driver. In some instances, multiple vehicles end up colliding due to a chain reaction, where one vehicle bumps into the back of another vehicle, causing the second vehicle to then crash into the vehicle in front of it. At first glance, you may assume that the owner of the vehicle with the most damage is the person who should receive the most damages, or monetary compensation, for a multi-vehicle car accident. However, this may not be the case.

According to a recent news report, a crash near the National Zoo in Washington, D.C., resulted in 7 injuries and 3 critically injured. The accident involved four vehicles, leaving at least one sedan with a crumpled front end. People became trapped in two of the vehicles, and three people were extricated. One of the victims was a teenager, while all the other victims were adults. The collision is still being investigated, and investigators are looking into whether speed was a factor, or whether old reversible lane signs that were discontinued during the pandemic were a factor in the crash.

How Do Courts Determine Fault in Multi-Vehicle Collisions?

Because multi-vehicle car accidents happen in a variety of ways for a variety of reasons, it is not always so straightforward when determining who the at-fault driver is. In some scenarios, such as one where there is a chain reaction, the first driver who collided with a vehicle may be considered the at-fault driver. However, it is also important to consider the negligence laws in the state where the accident occurred.

LG Electronics Recalls Smart Televisions and Stands Due to Tip-Over and Entrapment Hazards

February 21, 2023 | Lebowitz & Mzhen

Manufacturers are entrusted to provide not only high-quality products for purchase but also safe products for consumer use. It is not uncommon for there to be various recalls at a time on various items, impacting consumers who have purchased these items and in some cases, may not even be aware of the hazards or defects. Consumers must navigate staying up-to-date on consumer recalls in order to remain safe and healthy, and manufacturers must ensure that they alert consumers properly to any of these hazards. The United States Consumer Product Safety Commission may have multiple recall lawsuits occurring in response to safety recalls on products. In addition to the Consumer Product Safety Commission, there is also the Food and Drug Administration, the Food Safety and Inspection Services, the National Highway Traffic Safety Administration, the Coast Guard, and the Environmental Protection Agency – all agencies that may require a recall of certain products. Manufacturers should always be aware of potential defects in a product line, ensuring that any design defects are immediately responded to in order to prevent injury.

Why Are LG TVs Being Recalled?

According to a recent report, the LG 86-inch smart televisions and stands have been recalled due to tip-over and entrapment hazards. The TV can become unstable while on the stand, which can lead to injuries or deaths of children or others. LG Electronics has received 22 reports of instability, which resulted in 12 reports of tip-overs. For consumers who are using the TV’s supporting stand legs, the recall directs these users to immediately detach it and place the television in a safe location away from children. Additionally, consumers should contact LG for instructions on how to inspect the unit and obtain replacement screws and stand parts. This may also include help from a technician for a free repair.

Class action lawsuits may occur after a recall and/or injuries of multiple individuals. Class action lawsuits involve a group of individuals joining together to file a claim against a common defendant due to suffering similiar injuries.In some instances, a manufacturer may fail to issue a recall or provide adequate notice to consumers regarding design defects. In those instances, the manufacturers may face significant economic losses after lawsuits, in addition to reputational harm, amongst other types of losses. If you have suffered serious injuries due to a design defect of a product, you may be interested in consulting with an experienced attorney regarding possible claims to talk through your options.