Washington DC Injury Lawyer Blog

71-Year-Old Dies in Hit-and-Run Washington DC Pedestrian Accident

November 18, 2010 | Lebowitz & Mzhen

Police have charged Michael Glover with negligent homicide in the Washington DC pedestrian accident death of Duffie Claridy, a 71-year-old man who went for a walk but failed to return to his Southeast home.

Claridy, who suffered from Alzheimer’s disease, was found by the authorities on the 2900 block of South Capitol Street SW at almost 1 am on November 8.The elderly pedestrian had been fatally struck by a car that did not stop at the Washington DC traffic crash site.

To “hit and run” is against the law. A DC car accident victim or an injured pedestrian who might otherwise have been saved if medical help had been called right away could end up dying because a motorist involved opted to flee the crash site rather than call the police and/or an ambulance.

Elderly Pedestrians

According to the US Department of Transportation, the chances of dying from injuries sustained during a pedestrian accident goes up with the older the victim. Senior pedestrians, ages 65 and above, have a two to eight times greater chance of dying than do younger pedestrians. In 1994, 15% of pedestrians in the senior age group who were struck by a car died from his/her injuries—that’s 1,249 senior pedestrians. 6,850 elderly pedestrians sustained injuries.

Washington DC Wrongful Death

Losing someone you love is never easy—especially if in an accident or under other circumstances that could have been prevented were it not for the other party’s negligence or carelessness.

Michael Glover charged in the death of Duffie Claridy in Washington, DC, Oye Times, November 13, 2010
Police say man charged with in hit-and-run death of SE Washington resident, The Washington Post, November 12, 2010
Focusing on Senior Pedestrians, US DOT
Related Web Resources:
Elderly Pedestrians, WalkingInfo.org

District of Columbia DMV

Maryland Car Accident Attorney Blog

Pedestrian Accidents, Washington DC Injury Lawyer Blog

Washington DC Personal Injury: Drowsy Driving Accountable for 17% of US Traffic Crashes

November 16, 2010 | Lebowitz & Mzhen

According to the AAA Foundation for Traffic Safety, 17% of deadly US traffic crashes involved drowsy driving. Yet, according to its recent study, 41% of those surveyed admit to having driven while drowsy. The National Highway Traffic Safety Administration says that falling asleep while driving accounts for 1,550 deaths a year—not to mention over 100,000 traffic crashes and 71,000 injuries.

A drowsy driver that causes a traffic crash that results in injuries or death can be held liable for Washington DC personal injury or wrongful death. One major problem is that many people don’t realize that driving while drowsy can be as dangerous as driving while drunk. Blurred vision, slowed reflexes, delayed reaction time, cloudy thinking, and the possibility of falling unconscious are symptoms that are used to describe both drunk drivers and drowsy drivers. Yet many people don’t realize the similarities and proceed to drive when exhausted.

Some of the AAA study’s findings:

In D.C., Personal Injury Cases Must be Brought Within Certain Deadlines

November 15, 2010 | Lebowitz & Mzhen

Under this country’s judicial system, people injured due to another’s negligence have a limited time to file a negligence lawsuit against a person or corporation. The time limits are collectively known as ‘statutes of limitation.’ Many people may be aware of the laws from watching legal-themed television shows. One of the rationales behind imposing time limitations for the filing of a lawsuit is to allow the defendant’s preparation of a defense without evidence being lost due to the death of witnesses or the loss of other documents or materials that may support a defense to the case. Another reason for the time limits is to allow a defendant certainty and to avoid the defendant being sued so long after an event that such a process seems unfair.

Pursuant to D.C. Code § 12-301, a potential plaintiff must usually bring a negligence case within three years from the date of the incident. This means that a D.C. car accident case must be filed within three years after the date of the accident. If an automobile accident case is filed even a day late, the court will dismiss the action and leave the plaintiff unable to recover for his or her harms and losses.

In addition, special rules apply is if a person is harmed by the negligence of the District, or one of its employees.

D.C. Code § 12-309 states that a plaintiff cannot pursue a claim against the District of Columbia government unless the claimant gives notice to the Mayor’s Office within 180 days of the event. The notice must contain certain important pieces of information the District needs to determine its potential liability. If a person fails to provide this notice in a timely manner, he or she will most likely not be able to hold the District or its employees responsible for the harms and losses imposed.

The D.C. statutes of limitations highlight the importance of acting promptly when a person sustains injury due to another’s negligence.

$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