Washington DC Injury Lawyer Blog

Washington DC Train Accident: NTSB Cites Systemic Problems Even Before the Metrorail Crash that Killed 9 People

July 27, 2010 | Lebowitz & Mzhen

According to the National Transportation Safety Board, Metro was experiencing systemic issues even before the June 2009 Washington DC train crash that left 9 people dead and injured at least 70 others. The Red Line collision, called the worst in Metrorail’s 34-year history, involved one transit train rear-ending another during rush hour. One train ended up jackknifing and falling on top of the other train.

The Metro’s tracks were not working properly at the time and did not automatically slow down the approaching train. This means that the train operator of that train was getting messages telling her that she could keep going at a speed of 55 mph. She applied the emergency brakes three seconds after seeing the other train. Although the brakes worked, this only gave the train enough time to slow down to 44mph by the time of impact. Now, NTSB Chairwoman Deborah A.P. Hersman is saying that Metro was on a collision course long before this train accident and that its safety system had already been compromised.

Prior to the June 2009 DC Metrorail accident, there had been other fatal crashes that had killed employees. Unfortunately, according to Hersman, Metro failed to implement the needed prevented measures after they happened.

Washington DC Pedestrian Accident Kills 11-Year-Old Boy in Georgetown

July 21, 2010 | Lebowitz & Mzhen

11-year-old Zachary Hodges has died. The boy passed away on July 12 one day after sustaining a severe head injury during a Georgetown pedestrian accident in Washington DC.

The woman whose car struck Hodges did not sustain any injuries. Following the Washington DC pedestrian accident site, the driver and her passenger stayed at the crash site.

Hodges is not from the area. His family was in Washington DC for a visit when the tragic accident occurred.

Child Pedestrians

Young children are at high risk of becoming involved in a pedestrian accident. Not only are they smaller and harder for some motorists to see, but they lack the judgment to known when it is safe to cross the street, sometimes opting to run into the road to pick up a ball or get to their friends who are playing on the opposite sidewalk. Many young children have no real sense that crossing the street can be dangerous. They may have a hard time gauging how fast a car is moving or whether there is enough time to cross the road before they are hit by a motor vehicle.

Although parents are responsible for training their child to safely cross the street and making sure that younger kids do not cross the street without adult supervision, it is still a motorist’s responsibility to drive safely, obey the traffic laws, and refrain from negligent or careless driving so that they don’t accidentally injure a pedestrian.

Name Of Texas Boy Killed In D.C. Auto-Pedestrian Accident Released, KWTX, July 13, 2010
Boy struck by car in Georgetown dies, The Washington Post, July 12, 2010
Related Web Resources:
Educating Child Pedestrians, WalkingInfo

District Department of Transportation

Maryland Accident Law Blog

$20 Million Washington DC Wrongful Death Case is Next for Three Men Acquitted of Covering Up Dupont Circle Murder

July 19, 2010 | Lebowitz & Mzhen

Although Dylan Ward, Victor Zaborsky, and Joseph Price have been acquitted on charges that that they covered up the 2006 murder of DC lawyer Robert Wone, their legal troubles are far from over. They now must deal with a $20 million Washington DC wrongful death lawsuit accusing them of negligence, conspiracy, and spoliation of evidence.

Wone, a 32-year-old attorney for Radio Free Asia, was stabbed three times in the chest on August 2, 2006 at the DuPont Circle house shared by Ward, Price, and Zaborsky, who are in a polyamorous relationship with each other. The three defendants have always said that an unknown intruder murdered Wone. However, no evidence of a break-in has ever been found and no one was ever charged with murdering Wone.

Zaborsky, Ward, and Price were acquitted of the charges of conspiracy, obstruction of justice, and evidence tampering. However, that doesn’t mean that Wone’s widow, Katherine, doesn’t have a good chance of collecting Washington DC wrongful death recovery from them.

Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool

July 12, 2010 | Lebowitz & Mzhen

A Washington DC drowning accident has claimed the life of a young girl. The six-year-old girl who was pulled from a Turkey Thicket Recreation Center pool on June 23 was later pronounced dead at Children’s National Medical Center.

Bystanders performed cardiopulmonary resuscitation on the victim while waiting for fire and rescue officials to arrive. A lifeguard was on duty when the girl drowned.

Witnesses say the girl jumped into the deep end from the diving board and that at the time the pool was very crowded. According to reports, it was the next person to get on the diving board who notified the lifeguard that the young girl was at the pool bottom. The pool is about 12-feet deep.

Child Drowning Facts (CDC):

• There were 3,443 accidental drowning deaths in the US in 2007.
• More than one in every five drowning deaths are kids from the 14 and under age group.
• For every child drowning death, four other children will have received emergency medical care for their drowning injuries.

• Drowning injuries can result in permanent brain damage.

Reasons why a pool drowning victim or his/her family may have grounds for a Washington DC personal injury or wrongful death claim:

• Inadequate safety equipment
• Lack of supervision by a lifeguard or a qualified adult
• Failure to warn that there is no lifeguard on duty
• Improper maintenance
• Improperly attached ladders
• Maryland slip and fall hazards
• Improperly installed diving boards
• Failure to clean the pool properly, which can make it hard to see anyone who may be drowning
• Failure install the regulation pool drain that is now mandated by law
• Failure to secure/lock pool area during off hours
6-year-old drowns in NE D.C. public pool, Washington Post, June 23, 2010
Young Girl Drowns At DC Rec Center Pool, WUSA9, June 23, 2010
Unintentional Drowning: Fact Sheet, CDC
Related Web Resources:

Turkey Thicket Recreation Center

Pool and Spa Safety Publications, Consumer Product Safety Commission

Maryland Accident Law Blog

Ford, Chrysler, and Toyota Announce Auto Recalls

July 9, 2010 | Lebowitz & Mzhen

More recalls announced by big auto manufacturers. Ford says it is recalling 33,700 Transit Connect small commercial vans because an interior liner does not meet all safety requirements for head protection. The National Highway Traffic Safety Administration says that this auto defect increases an occupant’s risk of injury during a car accident.

Ford is telling its dealers to stop delivering the vehicles, manufactured between December 2008 and May 2010, until a revised head protection can be installed.

In other recall news, Chrysler is recalling up to 22,000 autos, including certain 2010 Jeep Liberty and Wrangler, Ram 1500 trucks, and Dodge Nitro, that were made in April and May 2010. The vehicles may have an improper fluid tube that can cause break fluid leaks.

Washington DC Car Accident Involving Metro Bus Causes Injuries

July 6, 2010 | Lebowitz & Mzhen

Five people were taken to the hospital early Monday after a Metro Bus and two other vehicles were involved in a Washington DC car accident. According to police, the traffic crash happened when one of the cars, a Camaro, ran a red light and struck the bus, which caused the commercial vehicle to hit a tree and a parked auto. The Washington DC injury accident occurred at 15th Street and Pennsylvania Avenue.

Intersections are one of the most common places where a car accident is likely to occur. Drivers who run a red light, fail to stop at a stop sign, fail to yield the right of way, neglect to wait for a pedestrian to finish crossing the street, speed, text or talk on the cell phone are at risk of causing serious injuries to themselves or others. Poor road design and traffic sign defects are another common cause of traffic crashes at intersections.

Our Washington DC car accident lawyers are familiar with the high emotional, physical, and financial toll that becoming a victim of a traffic crash can cost the injured party and his/her family. Recovering from a catastrophic injury can take months or even years. Often, one’s own car insurance policy is not enough to cover the costs of medical bills, recovery expenses, lost wages, rehabilitation costs, and other damages.

Washington DC Medical Malpractice?: July is Worst Month for Deadly Medication Mistakes at Teaching Hospitals

June 30, 2010 | Lebowitz & Mzhen

According to a new study, the “July Effect” is real. Not only is July the month when medical school graduates are most likely to begin their residencies in teaching hospitals, but, it is also when teaching hospitals see a 10% rise in deadly medication mistakes. It is important to note, however, that the study, only suggests but doesn’t confirm that the new medical residents are to blame for these errors. There may be no link between the two at all.

Common reasons why a new medical resident might make a medical mistake:
• Professional inexperience
• Lack of sleep
• Fatigue from working 36-hour shifts
• Unfamiliar with hospital setting environment

The study, which can be found in the latest issue of the Journal of General Internal Medicine, was conducted by researchers at the University of California at San Diego who investigated over 62 million US death certificates between 1979 and 2006. 244,388 of the fatalities involved medication errors that occurred in hospitals. The statistics showed that except for at teaching hospitals in July, the chances of a medication mistake happening on any other month was relatively the same. Medication deaths involving unexpected allergic reactions and those that occurred outside hospitals were not included in the study.

In recent years, many teaching hospitals have put into place better supervision, policies to prevent medical mistakes caused by sleep deprivation, and other safeguards.

Regardless of which medical professional makes a medication error, this type of mistake can cause health complications, allergic reactions, and even death. Any type of medical mistake that causes personal injury or wrongful death to the patient can be grounds for a Washington DC medical malpractice lawsuit.

The ‘July Effect’: Worst Month For Fatal Hospital Errors, Study Finds, ABC World News, June 3, 2010
Hospital Errors: Be Wary Of The ‘July Effect’ (VIDEO), The Huffington Post, June 4, 2010

Related Web Resources:

Journal of General Internal Medicine

Teaching Hospitals, AAMC

Pharmacy Error Injury Lawyer Blog

Maryland Nursing Home Lawyer Blog

One Year After Deadliest Metro Train Crash, Families of Victims Oppose WMATA’s Motion to Dismiss Washington DC Wrongful Death Lawsuit

June 26, 2010 | Lebowitz & Mzhen

As loved ones and friends gathered on Tuesday to mark the one year anniversary of the deadliest DC Metro train crash in the Metrorail’s history, the attorneys for eight of the families gathered in court to file a motion opposing Washington Metropolitan Area Transit Authority’s petition, submitted last month, to dismiss their Washington DC wrongful death complaint on the grounds that because WMATA is a “quasi-government entity” it has “sovereign immunity.” The family of one of the victims, train operator Jeanice McMillan, is not included in the legal action.

The plaintiffs have accused WMATA of bearing no responsibility for the deadly Red Line crash that killed nine people and injured at least 70 others when one Metro train rear-ended the back of another train last June. One train ended up on top of the other, and firefighters had to cut open train cars to rescue some of the victims.

Metro contends that filing the “partial” motion to dismiss is standard and routine in a Washington DC wrongful death lawsuit. It says that it hopes that the case will be “resolved or tried as soon as possible.” The civil trial is tentatively scheduled for September 2011 but Metro wants it delayed until 2012.

With Summer Here There Are Steps Teen Drivers Can Take to Avoid Causing Washington DC Car Accidents

June 23, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, the time between Memorial Day and Labor Day is the most dangerous time for drivers in the 15 – 20 age group—not to mention that car crashes are the number one cause of all teen fatalities. Traffic safety experts say that one reason for the increase in teen traffic deaths during this time of the year is that with school out many teenagers have more free time on their hands without parental supervision and later curfews. All of these factors can lead to more hours spent on the road at night, a period of day where teens are at higher risk of crashing their motor vehicles.

Summer parties and more social outings can also turn underage drinking into a greater concern now than during the regular school year. According to the Washington Regional Alcohol Program, which combats underage drinking and drunk driving in Washington DC, Maryland and Virginia, there is a 50% increase in teen drunk driving fatalities during the summertime.

Steps that teens can take to prevent injury to themselves or others in a Washington DC traffic crash:

• Don’t drink and drive
• Don’t talk on the cell phone or text message while driving
• Avoid driving late at night or when you are tried
• Obey the speed limit
• Wear your seat belt

It is important that parents supervise their teens’ driving habits, while making sure that they are educated about the dangers of careless and reckless driving. Motorists can be held liable for Washington DC personal injury or wrongful death in the event that their negligence hurts or kills another person.

Teen driver risks in high gear over summer, USA Today, June 21, 2010

Summer Months Deadliest for Teen Drivers, Washington Regional Alcohol Program, May 25, 2010 (PDF)

Related Web Resources:

Teen Driving

Teen Drivers, CDC
Maryland Car Accident Attorney Blog

Washington DC Stays Vigilant in Fight to Prevent Distracted Driving Accidents

June 19, 2010 | Lebowitz & Mzhen

According to a new report, the local governments in Washington DC, Maryland, and Virginia are doing a good job in their efforts to crack down on distracted driving. The report from the Governors Highway Safety Association is called “Curbing Distracted Driving: 2010 Survey of State Safety Programs.”

The report notes that combating distracted driving has become a priority for many states, with many of them enacting tougher laws and coming up with more education programs and media campaigns to educate people about the dangers of driving while distracted. The District (along with Maryland and 42 other state) also now make it a point to collect distracted driving data when Washington DC motor vehicle crashes occur. Also, Washington DC now includes the issue of distracted driving in its driver education classes and driver’s license test, while using social networking sites to make known the dangers of cell phone talking and texting while driving.

The GHSA’s report, however, does note that more effort across the board needs to be made to get teenagers to become more aware that distracted driving is dangerous. Seeing as multi-tasking while driving is dangerous for even the most experienced drivers, it is important that teens, who have the least amount of experience when it comes to operating a motor vehicle, have their full attention on the task at hand so that they don’t increase their chance of injury or death.

Distracted driving has fast become a leading cause of US car crashes—especially with the so many people using cell phones to talk and text while driving. According to AAA, distracted driving is a cause of about 3 million auto accidents each years.

Our Washington DC car accident lawyers know how devastating it is to lose someone you love in a motor vehicle crash that could have been prevented were it not for other parties’ negligence.

Region’s Distracted Driving Crackdown Gets High Marks, WJLA, June 16, 2010
Curbing Distracted Driving: 2010 Survey of State Safety Programs, GHSA
Related Web Resources:

District Department of Transportation

AAA Exchange

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Lawyer Blog

Trucking Accident Lawyer Blog