Washington DC Injury Lawyer Blog

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

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