Washington DC Injury Lawyer Blog

US DOT Holds Second Annual Distracted Driving Summit in Washington DC

September 22, 2010 | Lebowitz & Mzhen

At this year’s Distracted Driving Summit in Washington DC, US Department of Transportation officials, legislators, automakers, researchers, law enforcement workers, and traffic crash victims are once again getting together to figure out how to combat distracted driving and decrease the number of motor vehicle crashes that happen each year. US Transportation RayLaHood has called the problem of distracted driving an “epidemic” and he wants a federal law that will crack down on multitasking motorists.

Distracted driving can consist of a number of different activities that a motorist might engage in that takes his/her attention from driving. Text messaging, talking on a cell phone, dealing with the family dog, reading, surfing the Internet, watching movies on a laptop, scrolling through an iPod, fiddling with the radio dial, shaving, eating, and getting into an argument with someone else in the car are all examples of distracted driving acts that can cause the motorist to lose focus and become involved in a car crash, truck accident, bus collision, or pedestrian accident.

At the summit, Secretary LaHood announced new rules that would restrict hazmat truckers from texting and cell phone use for hazmat truckers. He also said that a final rule barring commercial truckers and bus drivers from texting will soon be published.

2009 National Highway Traffic Safety Administration Distracted Driving Data:

• 5,474 deaths
• 448,000 injuries
• Teen drivers make up the largest portion of distracted drivers
• 16% of deadly crashes and 20% of injury accidents involved distracted drivers

It is not uncommon for The District’s busy residents to multitask. Politicians, business persons, students, government officials, and others have too much to do and often in too little time. However, distracted driving can cause Washington DC traffic crashes that can result in serious injuries and deaths for those involved.

U.S. Transportation Secretary Ray LaHood Announces 2009 Distracted Driving Fatality and Injury Numbers Prior to National Distracted Driving Summit, NHTSA, September 20, 2010
Texting rules to toughen for hazmat truckers, Land Line, September 21, 2010
LaHood Pushes Federal Law to Quell ‘Epidemic’ of Distracted Driving, PBS, September 21, 2010
Related Web Resources:

Distracted Driving 2009, Traffic Safety Facts, NHTSA (PDF)

Distraction.gov

Maryland Accident Law Blog

Trucking Accident Lawyer Blog

Washington DC Pedestrian Accident Involving Allegedly Drunk Driver Claims the Life of 26-Year-old Johns Hopkins University Graduate Student

September 15, 2010 | Lebowitz & Mzhen

One of the two women who was struck in a Washington DC pedestrian accident on September 8th has died. The victim, Julia Bachleitner, was a 26-year-old Johns Hopkins University School of Advanced International Studies graduate student from Austria. She was taken off life support yesterday.

Bachleitner and Melissa Basque, another student, were standing on a traffic island and waiting for the light to change in the Adams Morgan neighborhood when a vehicle driven by an alleged drunken driver hit them. One witness says that the force of the collision caused the women to be thrown at least 30 feet. They both sustained serious injuries. Basque was released from the hospital on Friday.

Meantime, the allegedly inebriated motorist, 23-year-old Chamica M. Adams, was arrested at the Adams Morgan pedestrian crash site. She did not sustain any injuries from the Washington DC motor vehicle crash.

According to one witness, after Adams’ vehicle struck the two women, she drove her car through the front window of a restaurant. Fortunately, even though there were people in the restaurant no one was hurt.

Adams has been charged with driving while intoxicated and aggravated assault. Following Bachleitner’s passing, however, the U.S. Attorney’s Office says that the criminal charges may be changed to involuntary manslaughter.

Pedestrian Accidents

With little protection from the impact of getting hit by a car, bus, truck, or SUV, pedestrians are at risk of suffering serious injuries during a traffic crash. The National Highway Traffic Safety Administration reports 4,092 US pedestrian deaths and 59,000 pedestrian injuries in 2009. Many of these injured pedestrians had to undergo surgeries and other costly medical care to recover.

You may be able to hold the negligent motorist liable.

Student Pulled Off Life Support After Being Struck By Driver, MyFox Washington DC, September 14, 2010
Driver hits 2 pedestrians, crashes into Adams Morgan restaurant, officials say, Washington Post, September 9, 2010

Highlights of 2009 Motor Vehicle Crashes (PDF)

Related Web Resources:
Impaired Driving Facts, Centers for Disease Control and Prevention

DC Department of Transportation

Maryland Car Accident Attorney Blog

$50 Million Washington DC Wrongful Death Alleges Excessive Use of Police Force in Man’s Fatal Shooting

September 14, 2010 | Lebowitz & Mzhen

The parents of a Fort Washington man are suing the US Capitol Police for Washington DC wrongful death. They are seeking $50 million in compensatory damages for what they are alleging was excessive use of police force.

According to Leroy and Thomasine White’s Washington DC police brutality complaint, police shot 27-year-old Kellen A. White at least 12 times on July 15, 2009 following a traffic stop.

While US Capitol Police contend that White attempted to flee in his 1999 Mercedes Benz, almost hit two cops, collided with a police vehicle, and shot at officers, his family contends that White was unarmed, did not pose a threat to anyone, committed no crime, and had followed the commands issued to him by police. They are arguing that the shooting was unjustified and excessive.

Washington DC and Baltimore Motorists Rank at Bottom of Allstate’s List of Best Drivers Report

September 8, 2010 | Lebowitz & Mzhen

According to Allstate Insurance, Baltimore and Washington DC rank second to last respectively among the country’s 200 largest cities when it comes to having the best drivers. While drivers in Fort Collins, Colorado, the city that ranked number one, on average get into car accidents just once every 14.5 years, District drivers get into Washington DC car accidents approximately once every 5.1 years—a 96% higher rate than that of the average US motorist. Meantime, Baltimore motorists are 79% more likely to get into a Maryland car accident than the average US driver. The two cities’ rankings were the same as from the year before.

Our Maryland and Washington DC car accident law firm wants to remind you that we offer free case evaluations to traffic accident victims and their families in both states. It is important that you have an injury team advocating on your behalf to ensure that you receive all the personal injury and wrongful death recovery owed yo you.

Steps that you can take to avoid causing a Washington DC motor vehicle crash:
• Don’t drive drunk
• Make sure that your vehicle is up to date on all maintenance checks
• Don’t text message while driving
• Avoid speeding
• Avoid following too closely behind the car in front of you
• Don’t let your anger get the better of you and turn into an aggressive driver
• Adjust your driving according to the weather, road, and traffic conditions
• Keep both eyes on the road
• Avoid distracted driving
Sixth Annual “Allstate America’s Best Drivers Report™” Reveals New Safest Driving City, Allstate, September 22, 2010

Download the Report (PDF)

Related Web Resources:

National Highway Traffic Safety Administration

70 Rules of Defensive Driving, Roadtrip America

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog

US DOT Cracks Down on Drunk Driving to Decrease Number of Car Accidents

August 31, 2010 | Lebowitz & Mzhen

Through Labor Day, a nationwide campaign will be in effect to discourage people from driving drunk. The U.S. Department of Transportation launched the yearly campaign on August 25th. Drunk Driving. Over the Limit. Under Arrest. is geared towards getting drunken motorists off the road. Thousands of police agencies across the US are taking part. It is important that motorists drive carefully to avoid causing Washington DC car accidents.

The National Highway Traffic Safety Administration says that up to 17 million people have driven while inebriated in the last year. The NHTSA surveyed 6,999 people in 2008. Among its findings:

• 20% had driven within two hours of having an alcoholic drink.

Admitting Medical Mistakes Doesn’t Increase the Likelihood that a Patient Will File a Medical Malpractice Case, Says Study

August 29, 2010 | Lebowitz & Mzhen

A study on the University of Michigan Health System’s disclosure-with-offer program has found that admitting medical errors and then offering timely compensation for resulting injuries does not increase the chances that a patient will file a medical malpractice lawsuit. Instead, what the program has found is that the health system has been received less medical malpractice complaints, obtained faster resolution of cases, and achieved lower liability costs.

Unfortunately, not all medical providers and professionals are as forthcoming. Frequently, doctors and hospitals and their insurers will try to combat any allegations of medical negligence while attempting to minimize financial liability.

This is why it is important that you are represented by an experienced Washington DC medical malpractice law firm that will protect your right to receive the maximum in damages that you and your family are owed.

Medical professionals owe patients a certain duty of care and even the simplest medical mistake can prove catastrophic. Milliman Inc. found, in a study commissioned by the Society of Actuaries, that almost 1.5 million medical errors in the 2008 cost the US economy $19.5 billion. $17 billion of this came from outpatient, inpatient, and prescription drug services for individuals that were affected by medical mistakes.

Yet medical mistakes continue to happen. The American Medical Association recently reported that for every 100 US physicians, 95 medical malpractice claims are submitted.

You have three years from the time of injury to file your Washington DC medical malpractice lawsuit.

New AMA Report Finds 95 Medical Liability Claims Filed for Every 100 Physicians, American Medical Association, August 3, 2010

Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians, AMA (PDF)

Report: 95 medical liability claims filed for every 100 physicians, HealthCare Finance News, August 4, 2010
Related Web Resources:
Symptoms and Medical Malpractice, Wrong Diagnosis
Medical Malpractice, Nolo

DC Metro Assault Crimes: Does WMATA Provide Adequate Security?

August 27, 2010 | Lebowitz & Mzhen

Two adult males say they were assaulted on a Green Line train that was going to Branch Avenue. Metro Police arrived at L’Enfant Plaza Station early Thursday following the alleged incident.

According to the Washington Post, one witness says that when the train arrived at the station and the doors opened, one man was on the ground. Another victim was being beaten by another man.

This assault incident comes just a few weeks after at least four people suffered injuries during a brawl involving 70 people that began in rail car and moved onto the platform at the L’Enfant Plaza Station on August 6. Metro Transit Police say the dispute occurred as young people boarded the train to abide by the 11pm youth curfew. Two juveniles were arrested.

It was just earlier this summer that several boys beat a teenager unconscious over a pair of Air Jordan shoes. The fight took place at Union Station.

With the school year about to kick off, more transit officers are expected to ride the DC Metro to keep a watch on students.

Washington DC Premises Liability

Property owners are supposed to ensure there is adequate security to prevent violent crimes from occurring on their premise. Failure to provide that security—especially when there has been a history of violent crimes—can be grounds for a Washington DC injury case. Additional security guards, regular security patrols, surveillance cameras, proper lighting, crowd control measures, and emergency alarm devices are just some examples of measures a property owner can take to make a premise safer for others.

2 men injured after late-night assault on Green Line train, The Washington Post, August 27, 2010
Youth Metro brawl leaves 5 in hospital, countless others injured, Examiner, August 9, 2010
3 Charged, 4 to Hospital, in 70-Person Brawl at L’Enfant Metro, ABC7, August 7, 2010
Related Web Resources:

Washington Metropolitan Transit Authority

Crime Statistics, WMATA
Premises Liability, Justia

Washington DC Injuries to Children: Banning Drop-Side Cribs

August 17, 2010 | Lebowitz & Mzhen

Parents of infants and toddlers can breathe a little easier. The CPSC is working to ban drop-side cribs by next year. Not only did the federal agency vote last month to cease drop-side crib manufacture, sales, and resales, but also it approved proposed new mandatory crib standards and agreed that cribs with drop sides should removed from daycare centers and hotels. Proposed requirements for the construction of new crib include use of better wood, stronger hardware, and sturdier mattress support.

Drop-side cribs have been a danger to kids for some time. In just the last decade, at least 32 children have died while in drop-side cribs. 14 other crib deaths occurred during entrapment accidents that may have been caused by a drop side.

Although current federal safety rules considers any product that malfunctions or breaks repeatedly to be a defect, this hasn’t stopped 14 crib companies from being named in over 900 drop-side related incident reports, many involving child deaths and hundreds of injuries. In the last three years, alone, the CPSC has recalled over 10 million drop-side cribs because they pose fall, suffocation, and entrapment hazards to kids. According to USA Today Simplicity, Delta, and Stork Craft have been the three largest makers of drop-side cribs.

Our Washington DC products liability lawyers want to remind you that crib manufacturers can be held liable for any injuries to a minor sustained by your infant or toddler. We know how devastating it can be to discover that your child’s crib, one of the few places where you would leave your infant or toddler unattended, actually ended up becoming a cause of injury or death.

Ban on drop-side cribs coming soon from safety agency CPSC, USA Today, August 12, 2010
Government nears new standards for cribs, ban on drop-side cribs, CNN, July 15, 2010
CPSC Proposes New Rules for Full-Size and Non-Full-Size Cribs, CPSC, July 14, 2010
Related Web Resources:
Crib Recall 2010: Full List to Keep Your Kids Safe (Evenflo, Delta, Child Craft, Jardine, LaJobi, Million Dollar Baby, Simmons, CBS News, June 24, 2010
CPSC Recall List, Consumer Product Safety Commission

Emergency Beacon on Aircraft Transporting Former Senator Ted Stevens Did Not Emit Signal When Plane Crashed

August 12, 2010 | Lebowitz & Mzhen

According to the National Transportation Safety Board, the state-of-the-art emergency beacon aboard the plane carrying former Alaska Senator Ted Stevens did not go off as it should have when the tragic aviation accident happened on Monday afternoon. Rescue efforts did not begin until early that evening and survivors were forced to stay at the wreckage overnight.

The private plane, a de Havilland DHC-3 Otter , belonged to General Communications Inc., which was hosting a fishing trip for Stevens and the other passengers. The telecommunications company had registered an emergency beacon for the aircraft with the National Oceanic and Atmospheric Administration’s Search and Rescue Satellite Aided Tracking (SARSAT) system, but the program’s manager, Chris O’Connors, says that there is no evidence that a signal from the plane was sent to the satellites when the aircraft crashed into a mountain. The newest of the beacons are supposed to serve as emergency locator transponders that provide an accurate location of an emergency scene so that rescue efforts can start immediately.

Our Washington DC aviation accident lawyers know how tragic it is to lose someone you love in a plane crash. Although they occur less frequently than traffic crashes, aircraft accidents more often than not result in serious injuries and deaths. Aircraft malfunction, pilot error, poor weather, FAA negligence, and air traffic controller mistakes, are just some of the reasons why plane accidents happened.

In addition to Stevens, the others who died in Monday’s Alaska plane crash were GCI Senior Vice President Dana Tindall, 48, her daughter Corey, 16, former Stevens chief of staff and Washington DC lobbyist Bill Phillips, and pilot Terry Smith, 62. Those who survived the airplane crash with injuries are former NASA head Sean O’Keefe, his son Kevin, lobbyist Jim Morhard, 53, and Phillips’ son Willy, 13.

Stevens, 86, was Alaska’s US Senator for four decades. He was the Senate’s longest-serving Republican.

Plane’s emergency beacon failed in Alaska crash, USA Today, August 12, 2010
Bad weather delayed rescue in Alaska crash for 12 hours, CNN, August 10, 2010

Long, cold night for survivors after crash that killed Stevens, ADN, August 12, 2010
Related Web Resources:

Federal Aviation Administration

National Transportation Safety Board

Ted Stevens Dies at 86 (Obituary), New York Times, August 10, 2010

NTSB Meet in Washington DC to Talk About How To Prevent Tanker Truck Rollover Accidents

August 4, 2010 | Lebowitz & Mzhen

More than 9 months after a tanker truck drove off the free way, rolled over, and exploded into flames in Indianapolis, the National Traffic Safety Board met in Washington DC to discuss how to prevent more tanker rollover accidents form happening. Five people were injured in the truck crash involving a tanker transporting nearly 12,000 gallons of liquefied petroleum.

While tanker trucks make up 6% percent of the total number of large trucks in the US, 31% of all commercial truck rollover accidents involve tankers—that’s 1,265 US cargo tanker truck accidents a year. One reason for this is when the tanker turns, its center of gravity shifts, which cause the liquid being transported to also move. This can prove fatal in the event of a truck accident.

At the hearing yesterday, panelists talked about whether mandatory stability controls should be imposed on tuckers and if trailers and tractors should also meet such a requirement. Electronic stability systems would not only determine when the truck’s weight is about to shift, but the computer could automatically activate the breaks to help compensate for the weight change to prevent a rollover crash. The National Highway Traffic Safety Administration say that 106 lives could be saved and almost 3,500 rollover accidents prevented if trucks and trailers were forced to meet such a requirement. The panelists talked about how properly training tanker truck drivers charged with carrying such dangerous materials could help prevent some tanker truck accidents.

Over 100,000 loads a day are dispatched on tanker trucks. NHTSA intends to finish its examination of the benefits of stability control systems for trucks by year’s end.

Our Washington DC tanker truck accident lawyers are very familiar with the devastation that these crashes can wreak on the lives of the victims and their families.

NHTSA: New technology can prevent truck rollovers, AP/Richmond-Times Dispatch, August 3, 2010
Tractor trailer trucks facing madatory changes, WishTV, August 3, 2010

Related Web Resources:

National Transportation Safety Board

NHTSA

Trucking Accident Lawyer Blog