Washington DC Injury Lawyer Blog

Washington DC Personal Injury?: Staff Misconduct and Unsanitary Conditions Alleged at Family Emergency Shelter

April 28, 2010 | Lebowitz & Mzhen

Washington Family Emergency Shelter managers admitted to DC Council members earlier this month that it had fired workers over their alleged sexual behavior with female residents. Families Forward, the nonprofit group that was contracted to run the shelter, admits that they made a mistake when they didn’t tell DC officials about complaints by residents that were related to such incidents.

According to DC Council member Tommy Wells, a number of residents had accused shelter workers of misconduct. One woman who arrived at the shelter on January 27 with her three daughters says she turned down the advances of one Fast Forward worker who not only invited her to a club but also told her she could spend the night at his residence. In her email to DC Mayor Adrian M. Fenty’s office, the woman said other residents were told that they would be given certain favors in exchange for sex. She reports that one resident had sex with a staff member because he promised to take care of her.

She also complained that when she and her daughters arrived at the shelter, they slept on “semi-inflated air mattresses, on the floor” like “3rd world refugees.”

Washington DC Motor Vehicle Crash Leaves One Person Dead and Six Others Injured

April 22, 2010 | Lebowitz & Mzhen

A Washington DC traffic crash involving a van and a Toyota Camry has resulted in six injuries and one death. The auto accident occurred at around 7pm on Monday in Southeast DC.

According to witnesses, a speeding van drove over the center median on Alabama Avenue and into the path of an oncoming Toyota. The van rolled over a number of times before catching fire. Some 50 fire workers arrived at the crash scene where utility wires had been knocked down and there was a fuel spill.

The Camry’s driver, 37-year-old Mary Elizabeth Wimbush, died at the crash site. Four children who were riding in the car sustained serious injuries. One of the child victims, a 2-year-old girl, was ejected from the vehicle. All of them were taken to Children’s National Medical Center and admitted in critical condition.

68-Year-old Mount Pleasant Woman Killed in Bicycle Accident with DC Guard Truck

April 20, 2010 | Lebowitz & Mzhen

Constance Holden, 68, died on April 12 after she was in a Washington DC bicycle collision with a five-ton truck. The Washington DC truck crash occurred at the intersection of 12th Street and New York Avenue, NW.

The truck involved in the catastrophic traffic accident was a DC National Guard truck. The vehicle was doing motorcade security work for the Nuclear Security Summit.

The cause of the Washington DC truck accident has yet to be determined. The National Guard vehicle was accompanied by a human escort as it made its way through crowds.

Washington DC Bicycle Accidents

Without air bags, seat belts, and the body of a motor vehicle to protect a cyclist from the impact of collision, he or she is at risk of serious injury in the event of a traffic crash. Wearing a bicycle helmet and protective clothing is not enough to prevent serious injuries and deaths.

While bicyclist negligence is a common cause of bicycle crashes, many bicycle injuries and deaths happen because the driver of the vehicle involved was negligent, reckless, distracted, or careless. Unfortunately, many motorists forget that they share the roads with pedalcyclists, and they may not watch out for them or notice when they are there.

Common causes of bicycle crashes involving negligent drivers:

• Pulling out onto street in front of a pedalcyclist
• Attempting to turn in front of the bicyclist
• Driver inattention
• Distracted driving
• Failure to yield at an intersection
• Failure to stop at a red light
• Running a stop sign
• Neglecting to look both ways before proceeding
• Drunk driving
• Speeding
• Following too closely
• Driving under the influence of drugs
• Texting while driving
• Talking on a cell phone
Bicyclist Dies in Collision With DC Guard Truck, NBC Washington, April 13, 2010
Cyclist killed in collision with nuclear summit motorcade, CNN, April 13, 2010
Related Web Resources:
Bicycle Map, District Department of Transportation
Bicycles, National Highway Traffic Safety Administration

Washington DC Wrongful Death Lawsuit Accuses Police of Negligence and Failure to Protect

April 14, 2010 | Lebowitz & Mzhen

Kimberly Trimble is suing the District of Columbia, the Metropolitan Police Department, and unnamed cops for Washington DC wrongful death and police negligence, failure to protect, and failure to respond in the stabbing deaths of her sister and nephews. She is also suing Joseph Randolph Mays, who is charged with three counts of first-degree murder in their slayings.

The victims, Erika Peters, 37, and her children Dakota Peters, 10, and Erik Harper, 11, were killed during a domestic dispute in March 2009. Documented injuries included multiple stab wounds to the head, face, (over a dozen to the) chest, and hands for Erika, multiple stab wounds to the chest and a large laceration on the side of the head for Erik, and stab wounds to the head, right ear, and the back of the neck for Dakota.

Mays was Peters’ live-in boyfriend. Police later found him at the murder scene with superficial chest wounds that the treating doctor says appear to have been self-inflicted.

Older Motorcyclists Have Higher Risk of Injury and Death During Motorcycle Accidents

April 6, 2010 | Lebowitz & Mzhen

According to a University of Rochester Medical Center study, aging motorcyclists have a higher risk of getting hurt or dying during a traffic crash than their younger counterparts. This is contrary to the belief that the typical motorcycle victims are young, healthy riders.

Among the study’s findings:

• Between 1996 – 2005, the average age range for motorcycle accident victims was ages 34 to 39.

Preventing Bus and Truck Accidents: U.S. Department of Transportation Wants Federal Rule Banning Truckers and Bus Drivers from Texting

March 31, 2010 | Lebowitz & Mzhen

The U.S. Department of Transportation is proposing a federal rule that would ban commercial truck drivers and bus drivers from texting. The proposal comes after an interim ban that Transportation Secretary Ray LaHood announced in January. The ban would apply to commercial drivers of vehicles weighing more than 10,000 pounds and will hopefully decrease the number of truck accidents and bus crashes that happen.

According to research by the Federal Motor Carrier Safety Administration, drivers who text have their eyes off the road for 4.5 seconds out of every 6 seconds. During that time, a vehicle moving at a speed of 55 mph while have traveled the length of a football field. Texting motorists also have a 20 times greater chance than drivers that aren’t distracted of getting involved in a traffic crash. The FMCSA says that it is working on other regulations related to electronic devices.

It is now no longer mere speculation that while texting while driving is dangerous for all motorists, it is especially so for truck drivers—who, as last year’s Virginia Tech Transportation Institute reports, are 23 time more likely to become involved in a near-accident or an actual truck crash when they text and drive at the same time. When this occurs, it is usually the occupants of the other vehicles, pedestrians, motorcyclists, or bicyclists involved in the truck collision that suffer.

Washington DC Nursing Negligence: Socialite Karen Feld Accuses Private Nurse of Neglect and Fraud

March 25, 2010 | Lebowitz & Mzhen

Karen Feld, a socialite and a former DC gossip columnist, is suing Inger Sheinbaum, her former home-care companion and private nurse, for $1.5 million. Feld is alleging Washington DC nursing home neglect and fraud.

According to Feld, Sheinbaum lied about her qualifications as a registered nurse, failed to perform the nursing duties she was hired for, and allowed men who didn’t have permission into the 62-year-old woman’s hospital room. Feld, who had to undergo brain surgery in January 2008, hired the 61-year-old nurse because she needed 24-hour nursing care while she recovered.

Feld claims that Sheinbaum was away during numerous “critical junctures.” After one week of employment, Sheinbaum resigned. The nurse claims that Feld allegedly attacked her during a rant that included profanity. Sheinbaum’s legal representation says that the Washington DC injury lawsuit is unfounded.

US News & World Report Ranks Washington DC as Safest Place for Teen Drivers

March 20, 2010 | Lebowitz & Mzhen

US News & World Report has just put out its first Best States for Teen Drivers ranking and the District of Columbia tops the list. One reason for this is that Washington DC has some of the strictest laws governing teen drivers and their driving requirements. The state of Maryland placed 4th. This is good news for Washington DC and Maryland teen drivers, considering that car accidents are considered the number one cause of fatalities to teens in the 16-19 age group. Over 4,000 teenagers die every year.

That said, there is always more that can be done to prevent the number of Washington DC car accidents involving teen drivers.

Per a recent study about teen drivers by Allstate Foundation:

• 61% of teens are concerned they might get involved in a car accident
• 82% of teen drivers say that they use a cell phone when operating a motor vehicle
• 42% say that they text message and instant message when driving
• 65% of teenaged drivers think that they are good motorists that pay attention when driving
• Parents are the #1 influence when it comes to teenage drivers

It is so important that teens aren’t distracted when driving. Learning how to drive safely and correctly is challenging enough without the dangers posed by cell phone conversations, text messages, alcohol, or drugs.

Washington DC has a graduated licensing program (Gradual Rearing of Adult Drivers) that imposes certain temporary restrictions on young drivers so that they can gradually gain experience. Also, DC drivers with a learner’s permit are banned from using any kind of cell phone while driving and all Washington DC drivers are prohibited from texting and talking on a handheld cell phone.

D.C. Tops New Ranking of Safest Places for Teen Drivers, US News & World Report, March 18, 2010
U.S. News Media Group and Allstate Insurance Company Release 2010 Best States for Teen Drivers, PR Newswire, March 18, 2010
Related Web Resources:
Teen Drivers, CDC
The Graduated Licensing Program, District of Columbia Department of Motor Vehicles
Allstate Foundation

33,963 US Highway Deaths in 2009, Reports US DOT

March 17, 2010 | Lebowitz & Mzhen

According to the US Department of Transportation’s National Highway Traffic Safety Administration, the number of US traffic fatalities dropped to 33,963 in 2009. That’s an 8.9% decrease from 2008 when there were 37,261 highway deaths. This is also the lowest that the US traffic fatality figure has dropped down to since 1994, and the 15th quarter in a row that there has been a decrease.

While National Highway Traffic Safety Administrator David Strickland called the continued decrease in traffic deaths encouraging, he says that the government will keep working hard to keep bringing the death toll down. The NHTSA took aggressive action last year to stop motorists from drinking with its Drunk Driving. Over the Limit. Under Arrest campaign. It’s Click It or Ticket campaign cited people for not putting on their seat belt. The federal government also made great strides toward discouraging distracted driving—especially cell phone use and text messaging while operating a motor vehicle.

Our Washington DC personal injury lawyers applaud the government’s effort to lower the number of traffic deaths. We also are in agreement that there is more than can be done to encourage drivers to operate their cars responsibly so that more vehicle occupants and pedestrians don’t get hurt or die unnecessarily.

Just last week, US Senate majority Leader Harry Reid’s wife and daughter were injured in a semi-truck crash near Washington DC. Landra Reid, 69, and Lara Barringer, 49, received medical attention after they were struck by a tractor-trailer.

Landra suffered a broken back, nose, and neck, while Lana, who sustained cuts, was examined by a neurologist because she has been experiencing dizziness. Trucker Alan W. Snader was charged with reckless driving for his role in the tractor-trailer crash.

Traffic Fatalities for 2009 Reach Record Low, NHTSA, March 11, 2010
Reid’s wife, daughter recovering from truck crash, Associated Press, March 16, 2010
Related Web Resources:

Early estimate of motor vehicle traffic fatalities in 2009, NHTSA (PDF)

District Department of Transportation

Injuries to Children: US Supreme Court to Rule On Whether Vaccine Injuries Allow for Products Liability Lawsuits

March 10, 2010 | Lebowitz & Mzhen

The US Supreme Court has agreed to determine whether a federal law protects vaccine manufacturers from certain kinds of products liability lawsuits in the event of vaccine injuries. The case involves 17-year-old Hannah Bruesewitz who, during the first 6-months after she was born was vaccinated against tetanus, diphtheria, and pertussis with 3 DPT vaccines. She would go on develop residual seizure disorder.

Because Hannah suffers from serious developmental impairments, her parents say that she will require a lifetime of care.

Russell and Robale Bruesewitz submitted their petition to the U.S. Court of Federal Claims. When their claim was turned down, they filed a dangerous drug lawsuit against vaccine maker Wyeth. They claim that the pharmaceutical company could have marketed a vaccine that was safer and included better warnings about its possible risks. The drug maker has denied that its vaccine caused the girl’s injuries. It has, however, discontinued the DPT vaccine.

In 2009, an appeals court determined that the National Childhood Vaccine Injury Act of 1986 preempted the Bruesewitz’s injuries to a child complaint. The act, which provides compensation for vaccine injuries, protects vaccine manufacturers from products liability complaints. An injured party cannot sue the vaccine maker if the side effects that were sustained were unavoidable and even if the vaccine came with the correct directions and warnings and was manufactured properly.

Oral arguments in the Supreme Court case, Bruesewitz v. Wyeth, 09-152, will likely take place in the fall. The nation’s highest court agreed to hear the case following decisions by lower courts that conflicted with one another. Some 5,000 claims are pending that link neurological damage to childhood vaccines.

High Court Wades Into Funeral Protests, Vaccines, Wall Street Journal, March 9, 2010
Court to decide if vaccine makers can be sued, Reuters, March 8, 2010
Related Web Resources:
Vaccines, Centers for Disease Control and Prevention
National Vaccine Injury Compensation Program (VICP), HRSA.gov