Washington DC Injury Lawyer Blog

$10 Million Washington DC Injuries to a Minor Settlement to Go to Boy Who Sustained Catastrophic Brain Damage During Foster Care Beating

November 9, 2010 | Lebowitz & Mzhen

The District has agreed to pay $10 million over the catastrophic beating of a young boy at the hands of his foster mother. The child, Rafael Pearson, sustained a massive brain injury from the assaults.

Pearson, whose biological mother was suffering from drug addiction, was just a few days old when he was placed in the hands of foster mom Tanya Jenkins. 46 days later, he was nearly dead after she had severely shaken and beaten him. Pearson ended up on life support for days.

Today, he remains profoundly disabled and will require 24-hour care for the rest of his life. The young boy will eventually go live at his grandmother’s home where an elevator will have to be installed. The DC child injury settlement will be paid out in 3 installments and is there to provide for his medical care for the rest of his life.

Washington DC Pedestrian Accidents At Higher Risk of Occurring After Daylight Saving Time Ends

November 5, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, there is a higher risk of pedestrian accidents occurring after Daylight Saving Time has ended. Daylight Saving Time will be over for the year on Sunday and clocks will be turned back one hour.

Adjusting to the new low-light environment can take time, and NHTSA is warning motorists and pedestrians to exercise more caution so as prevent pedestrian accidents from happening.

For motorists, NHTSA is recommending that you:
• Make sure your windows, windshield, and mirrors are clean and free of frost or fog.
• Slow down.

• Don’t assume that a pedestrian knows that you are there.

NHTSA is recommending that pedestrians:
• Look before crossing the street—even if the traffic light indicates that you can go ahead and you are at a pedestrian crosswalk.
• Avoid crossing between parked vehicles.
• Avoid jaywalking.
• Walk on sidewalks.
• Face traffic when walking on the street.

• Do not assume that a motorist can sees you.

Of 4,092 people killed in US pedestrian accidents last year, 25% died between 4pm and 8pm when there was less light out. 13% of the pedestrian fatalities took place between 4am and 8am.

Our Washington DC pedestrian accident lawyers know that it can be tough to recover from injuries sustained in a traffic crash. Also, medical costs and recovery expenses can take their financial toll. There may be a negligent motorist or another party who should be held liable for your DC personal injury or a loved one’s wrongful death.

Consumer Advisory: As Daylight Saving Time Ends, NHTSA Cautions Drivers on Increased Pedestrian Risk, NHTSA, November 5, 2010
Car Accidents with Pedestrians, Nolo
Related Web Resources:

DC Pedestrian

Q&As: Pedestrians, Insurance Institute for Highway Safety

Maryland Accident Law Blog

Maryland Car Accident Attorney Blog

Escalator Malfunction at DC Metro Station Injures Four

October 31, 2010 | Lebowitz & Mzhen

Four people were transported to the hospital on Saturday following a Washington DC escalator accident at the L’Enfant Plaza Metro station stop. Officials are trying to determine what happened.

The escalator injuries sustained by the victims are reportedly non-life threatening. However, according to MyFox.com, one person who was hurt says that 19 people reportedly ended up in a pile after they were thrown off the moving staircase when it suddenly accelerated out-of-control. Wtop.com quotes one witness as describing the incident as a “frightening carnival ride.” Another witness to the Washington DC injury accident noted the smell of “burning brakes.”
Escalator Accidents

Every day, hundreds of millions of people in this country ride escalators. In a 2005 CBS.com article, the news outlet reported that approximately 10,000 people a year end up in hospital emergency rooms because of escalator accidents. Some of these incidents have proven fatal.

Common causes of escalator accidents:
• Design flaws
• Escalator malfunction
• Manufacturing defect
• Missing escalator parts
• Step collapse
• Inadequate maintenance
• Installation errors
• Missing escalator teeth
• Worn escalator belt

Elderly seniors and young children are at higher risk of injury than teens and adults of becoming involved in and getting hurt during an escalator accident. Fall accidents, trip and fall accidents, and hand and foot entrapment accidents are some examples of accidents that can occur on an escalator. Broken bones, head injuries, asphyxiation injuries (from the victim’s clothing getting stuck in the escalator), head injuries, serious hand and foot injuries, and wrongful death can occur.

Questions remain after Metro escalator accident, wtop, November 1, 2010
4 Hurt in Metro Escalator Accident, MyFoxDC, November 1, 2010
Related Web Resources:
Deaths and Injuries Involving Elevators and Escalators, ELCOSH.org
Escalator Injury Articles, Science Daily
Washington Metropolitan Area Transit Authority

Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old’s Death

October 28, 2010 | Lebowitz & Mzhen

The US Consumer Product Safety Commission wants parents and caregivers to know that placing a baby audio and video monitor cord too close to a crib can create a strangulation hazard for kids. It was just in March that 10-month old died in a Washington DC strangulation accident when she became entangled in the camera monitor cord.

According to the Savannah Caroline’s parents, Charlie Pereira and Lisa Rushton, their daughter grabbed for the monitor, which had been placed out of her reach, pulling the device into the crib with her. Although a recall has not been issued, the CPSC is cautioning adults and guardians to be careful and make sure the monitor is far away from a child’s grasp.

The CPSC says it has received six infant death reports involving this type of monitor since 2004. There have also been reports of three babies who became entangled in the cord but were rescued before they suffered serious injuries.

According to experts, kids and cords together can create a dangerous situation. Entanglement, choking, and strangulation can occur. The CPCS is offering a number of recommendations for how to make sure that your child doesn’t accidentally get caught in any type of cord:

• Use a wireless baby monitor.
• If you are using a corded monitor, keep the monitor and cord away from children.
• Keep other cords, such as drapery cords, lamp cords, and other electrical cords away from your child.

• Any type of long material (for example, long drawstrings on a piece of clothing) that your child can get entangled in may pose a strangulation hazard.

Product manufacturers can be held liable for products liability if their product is designed in such a manner that can cause injuries. Product malfunction and failure to warn of a hazard can also be grounds for a Washington DC products liability case.

Parents Say Baby Monitor To Blame For Daughter’s Death, ClickOnDetroit, October 21, 2010
Keep Baby Monitor Cords Out of Reach, CPSC, October 12, 2010
Related Web Resources:
Most Childhood Injuries Occur at Home, The Children’s Hospital
Children’s Safety Network

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued

October 23, 2010 | Lebowitz & Mzhen

Ethan Allen, Angel Line. and Victory Land announced the recall of over 40,000 drop-side cribs today. The recalls come after six children were injured.

The cribs can pose entrapment, suffocation, and strangulation hazards in the event that the drop-side rail detaches, malfunctions, or fails. A partial detached drop-side rail can create a space between the rail and the mattress that a toddler or infant can easily fall into and get trapped in. Fall accidents from the crib also occur. Aside from poor materials and defective design, wear and tear and incorrect assembly can also cause a drop-side to malfunction.

Also this week, Graco recalled about 2 million strollers following reports that four babies had died from strangulation. A baby who was seated in the stroller but not strapped in can slide down in between the tray stroller and the seat bottom and get stuck there, which can result in strangulation. It was just earlier this year that Graco recalled 1.5 million strollers because the hinges on the stroller canopy could amputate or cut a child’s fingertips when the canopy was opened or shut. The defect resulted in at least five fingertip amputations and two fingertip lacerations among kids.

Our Washington DC child accident lawyers want to remind you that there may be legal remedies available to you and your family. Manufacturers can be sued for DC products liability.

It wasn’t even a month ago that Fisher-Price recalled more than 10 million tricycles, toys, and high chairs over different defects that could cause injuries to children. Included in the recall announcement were about 7 million Fisher-Price Trikes and Tough Trikes toddler tricycle, some 100,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampways, nearly 3 million Fisher-Price infant toys that come with inflatable balls, and over 800,000 high chairs. Choking hazards and other injuries can result.

Thousands of drop-side cribs recalled, ABC Local, October 22, 2010
Strangulation, Entrapment Risk for 2 Million Older Graco Strollers, WEB MD, October 20, 2010
The Fisher-Price recall: Should parents worry?, The Week, October 4, 2010
Related Web Resource:
Consumer Product Safety Commission

Washington DC Wrongful Death: Parents of Toddler Who Was Allegedly Refused Medical Transport File Lawsuit Claiming Paramedic Malpractice

October 19, 2010 | Lebowitz & Mzhen

The family of two-year-old Stephanie Stephens is suing the city of Washington DC and DC Fire and EMS for her wrongful death. Stephens, who died last February, was allegedly refused medical transport after her parents contacted 911. At the time, she was having problems breathing. Yet it would be another 8 hours, and after Stephens’ condition grew worse and her mother contacted 911 again, before the toddler would finally be transported to the hospital.

Stephens later died from pneumonia. She also had septic shock and a strep infection.

According to the plaintiffs, who are also seeking damages for Washington DC medical malpractice, paramedics that arrived following the first 911 call failed to diagnose any of these health issues.

Woman Killed in Dupont Circle Car Accident in Washington DC

October 13, 2010 | Lebowitz & Mzhen

A woman was killed in a hit-and-run Washington DC car accident at Dupont Circle early Thursday morning. The victim Kiela Marie Ryan, 24, from Columbia, Maryland.

Police say that Ryan was struck by an SUV and that that the vehicle’s driver did not stop at the crash site. However, police were able to apprehend the alleged hit-and-run driver, whose driver’s license plate number was written down by a witness. The suspect, Jorida Davidson, was apprehended in the Chevy Chase area.

According to Montgomery police CPl. Dan Friz, Davidson has been charged with driving with the influence. She also pleaded not guilty to the criminal charge of voluntary manslaughter.

Davidson, who is an Albanian citizen with a green card, is married to a US citizen. A DC superior court judge told her to turn in her passport so she wouldn’t pose a flight risk. Her driving privileges are suspended.

Hit-and-Run Accidents

Drivers involved in a DC traffic crash are supposed to stop at the accident scene. Not only is hit-and-run driving against the law, but it also can result in catastrophic consequences if the pedestrian, motorcyclist, or an occupant of another vehicle involved is injured and a motorist doesn’t call for help. Injuries may become more serious and can even lead to death.

If you were injured in a Washington DC car accident involving a hit-and-run driver—even if police do not apprehend the negligent motorist—you still be able to file a recovery claim with your insurer.

Deadly hit-and-run in D.C., The Washington Post, October 7, 2010
Dupont Hit and Run Driver To Be Charged With Voluntary Manslaughter, DCist, October 2010
Dupont Circle Hit and Run Suspect Released by Superior Court, WUSA9, October 11, 2010
Related Web Resources:

District Department of Transportation

Maryland Car Accident Attorney

Preventing Traffic Crashes: NHTSA Unveils Enhanced 5-Star Safety Rating System for New Vehicles

October 5, 2010 | Lebowitz & Mzhen

In an effort to ensure that automakers are manufacturing safer cars and preventing auto defects, the NHTSA now has an improved 5-Star Safety Ratings System for new motor vehicles. The more stars a vehicle receives, the safer the vehicle. Hopefully, this will decrease the number of Washington DC car accidents.

Under the 5-Star Safety Ratings System:
• Side pole crash testing will be assessed.
• Crash prevention-technologies will be evaluated.
• Female crash test dummies will be used when simulating crash scenes involving women.

• There will be improved crash data.

The new safety rating system assesses the safety of passenger vehicles, such as vans, cars, pickup trucks, and SUVs, in the areas of side crash, frontal crash, and rollover resistance. An Overall Vehicle Score for each auto tested combines test results for all three areas and compares the results with other autos’ average injury risk and rollover potential.

NHTSA is suggesting that buyers look at motor vehicles that come with crash avoidance technologies, such as Lane departure warning (LDW), Electronic stability control, and Forward collision warning (FCW), that satisfy the 5-Star Safety Ratings minimum performance tests.

Under the new rating system, only the Hyundai Sonata and BMW 5 Series have earned 5-star ratings for 2011 models. More vehicles received 5 stars under the old rating system. NHTSA still has to test 22 more 2011 models.

Auto Products Liability

Our Washington DC products liability law firm wants to remind you that you can pursue financial recovery from an auto manufacturer if an auto defect or malfunction causes a DC car crash that results in injury or death.

Examples of auto defects:
• Seat belt defects
• Air bag defects
• Structural defects
• Weak roofs
• Seatback collapse
• Tire defects
• Window defects
• Sudden unintended acceleration

Hopefully this enhanced rating system will compel auto manufacturers to make safer cars.

U.S. Transportation Secretary Ray LaHood Rolls Out Upgraded 5-Star Vehicle Safety Ratings System, NHTSA, October 5, 2010
New U.S. crash tests: Only Hyundai Sonata, BMW 5 get 5 stars, USA Today, October 5, 2010
Related Web Resources:

National Highway Traffic Safety Administration

Maryland Accident Law Blog

Maryland Car Accident Attorney

Washington DC Fire at Apartment Building May Have Been Intentionally Set

September 30, 2010 | Lebowitz & Mzhen

The DC fire chief says that arson may have been a factor in the fire at a Northwest Washington apartment building. They are still investigating the cause of the blaze, which took place early Wednesday.

Four people were hospitalized with serious injuries, including a 2-year-old girl. Another fire victim, a 38-year-old male, died when he jumped from the fifth floor of the building to escape the fire. Several people were taken to the hospital for smoke inhalation and burn injuries. Up to 40 people were treated at the scene. The 63-unit apartment building, which was likely constructed in the mid-20th century, did not have a sprinkler system. Also, some 125 people have been displaced.

If you or someone you love sustained burn injuries in a fire or another accident that you believe was caused by another party’s negligent or careless actions, please call your Washington DC burn accident law firm to request your free case evaluation.

Two Recent DC Metro Bus Crashes Cause Injuries

September 28, 2010 | Lebowitz & Mzhen

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