Washington DC Injury Lawyer Blog

Driver of Vehicle Charlie Davies was Riding in During George Washington Parkway Car Crash Drank Alcohol, Say Police

December 31, 2009 | Lebowitz & Mzhen

According to police, the driver of the vehicle that US national soccer player Charlie Davies was riding when he was critically injured during a Washington DC car accident last October told them she consumed alcohol before the fatal collision.

Davis, 23, sustained serious bladder injuries and two fractures during the single-vehicle collision on October 13. 22-year-old Maryland resident Ashley Roberta, who was also a passenger, died from her injuries.

The driver of the vehicle sustained minor injuries. She also reportedly told police that she was adjusting her GPS unit when Roberta called out to her to “Watch out.” The vehicle then struck a guard rail close to Boundary Channel. The impact of the crash cut the vehicle in half.

Two People Standing on Sidewalks Killed in Separate Washington DC Pedestrian Accidents

December 23, 2009 | Lebowitz & Mzhen

A young woman has died from injuries she sustained last night in a Washington DC pedestrian accident at a bus stop on Pennsylvania Avenue. An auto that drove onto the curb that she was standing on struck her.

Her death is the second Washington DC pedestrian fatality to occur on a sidewalk in less than 24 hours. Earlier yesterday, a man he was struck by a pickup truck on 12th Street and Rhode Island Avenue NE. The truck driver drove onto the sidewalk after hitting a car. Metro Police are investigating whether speed, weather, or other factors contributed to this tragic Washington DC traffic crash.

Although Transportation for America ranked Washington DC as number 32 behind 31 other US areas that are more dangerous for pedestrians—9 of the 34 traffic fatalities last year were Washington DC pedestrian deaths—pedestrian accidents continue to occur in this city filled with commuters, tourists, students, and families.

Drivers must watch out for pedestrians, who have no protection from the impact of getting struck by a tractor-trailer, a bus, a SUV, a car, a motorcycle, a 15-passenger van, a delivery truck, an 18-wheeler truck, or another kind of motor vehicle. The Insurance for Highway Safety reports that children younger than age 13, elderly adult pedestrians, and male pedestrians are the groups with the higher pedestrian death rate. However, regardless of age or demographic, striking a pedestrian with an auto can cause catastrophic injuries or death.

In addition to pedestrian carelessness and driver negligence, Transportation for America says poorly designed roads are also a common cause of pedestrian injuries or deaths. This is important to note, because there could be more than one party that can be held liable for a Washington DC pedestrian injury or death.

Pedestrian Hit, Killed in Northeast DC, MyFOXDC, December 22, 2009
Car hits, kills woman at D.C. bus stop; truck kills pedestrian, Washington Post, December 23, 2009
Pedestrians, IIHS
Dangerous By Design, Transportation for America
Related Web Resources:

District Department of Transportation

NHTSA

With 77.7 Million People Expected to Hit the Road for the Holidays, Our Washington DC Car Accident Attorneys Would Like to Remind Motorists to Drive Safely

December 19, 2009 | Lebowitz & Mzhen

According to AAA, about 87.7 million people in the US are expected to travel at least 50 miles away from home this holiday season—77.7 million travelers by motor vehicle. In Washington DC, approximately 2.5 million people are expected to leave town and most of them plan on doing so by car. That’s 4 out of 10 Washingtonians, says AAA.

With many roads and freeways undoubtedly more crowded than usual, our Washington DC car crash lawyers would like to remind motorists to drive safely so that you aren’t involved in an auto collision. Common bad driving behaviors that cause Washington DC motor vehicle accidents and can be cause for personal injury claims or wrongful death lawsuits include:

• Drunk driving

50 Million Roll-Up Blinds and Roman Shades Recalled Because of Strangulation Hazard to Children

December 16, 2009 | Lebowitz & Mzhen

The Consumer Product Safety Commission and the Window Covering Safety Council are recalling 50 million roll-up blinds and Roman shades because they are a potential strangulation hazard to young kids. A child can get seriously hurt if his/her neck gets tangled in the cord used to work the blinds and shades.

Since 2001, there have been three deaths involving the roll-up blinds and 16 near-strangulations and five deaths involving the Roman shades in the past three years. These shades can be fixed with a free repair kit. In the meantime, parents, guardians, and adults should take precautionary measures to childproof the blinds and shades by making sure that the cords are not easily accessible to kids—especially infants and toddlers. This includes making sure that there isn’t furniture close to the windows that children can climb on top of to reach the cords. If a cord reaches all the way to the ground, then it is important to make sure the cord is properly secured and taut. Another option is to stop using these blinds and shades.

Strangulation Injuries

According to Safe Kids USA, nearly 900 kids younger than age 15 die every year from airway obstruction. Most of the fatalities are children younger than age 4. About 17,200 strangulation injuries involving child victims occur annually. Most strangulation incidents take place in the home.

Products Liability

Window shades and blinds manufacturers have long been aware of the strangulation hazard these products have posed for young children. Yet they continue to sell their defectively designed products to consumers. How many child injuries and deaths must occur before manufacturers will stop producing these faulty furniture items?

Furniture makers can be held liable for Washington DC products liability or wrongful death involving injuries to minors.

Window Covering Safety Council Recalls to Repair All Roman and Roll-Up Blinds Due to Risk of Strangulation, CPSC, December 15, 2009
Blind recall: How to check if your Roman shades are safe, The Christian Science Monitor, December 15, 2009
Airway Obstruction, Safe Kids
Related Web Resources:

Window Covering Safety Council

Parent’s Guide to Child Safety

$17 Million Washington DC Wrongful Death Lawsuit Filed Against District and FEMS Medical Director Over Botched Response to Fatal Heart Attack

December 9, 2009 | Lebowitz & Mzhen

The family of Edward Givens is suing the District and Fire and Emergency Medical Services medical director Dr. James Augustine for Washington DC wrongful death. Givens, 39, died of a heart attack in December 2008 just hours after a DC paramedic informed him he was suffering from acid reflux.

The wrongful death complaint holds the defendants responsible for Givens’ death because the paramedic allegedly committed paramedic malpractice. Mishandling documents, incorrectly interpreting medical information, and telling Givens to take Pepto Bismol are some of the actions cited in the Washington DC civil lawsuit.

Six hours after the paramedic’s wrong diagnosis, Givens was dead. The wrongful death complaint says that tests previously taken by the paramedic who treated Givens indicate that the medical worker did not display knowledge meeting the US standard of care for how a paramedic should deal with cardiac conditions and complaints. Givens’ family claims Augustine should have known that the paramedic’s skills were not up to par.

Auto Products Liability: In Washington DC, US Supreme Court Rejects Ford Motor Corp’s Appeal Over $82.6 Million SUV Rollover Accident Verdict

December 2, 2009 | Lebowitz & Mzhen

In Washington DC, the US Supreme Court has rejected Ford Motor Co’s appeal to reverse an $82.6 million auto products liability decision against the auto manufacturer. A jury initially award Benetta Buell-Wilson and her husband $356 million after a 2002 car crash caused her to become a paraplegic. A metal piece had fallen off the vehicle in front of Buell-Wilson’s 1997 Ford Explorer, which rolled over as she swerved the vehicle to avoid striking the object.

Ford has spent the last five years seeking to overturn the auto products liability verdict, which an appellate court later reduced to $82.6 million: $55 million for punitive damages, $5 million for loss of consortium, $18 million for noneconomic damages, and $4.6 million for economic damages.

The Supreme Court already returned the auto products liability lawsuit to the lower courts in 2007 following its Philip Morris USA v. Williams decision, which found that juries can’t make defendants pay punitive damages for harm suffered by people not connected to the case. An appeals court, however, determined that no modification of the previous ruling was necessary.

110,000 Toyota Pickup Trucks Recalled in Washington DC, Maryland, and 19 Other States Because of Worries that Excessive Rust Can Lead to Brake Failure and the Dislodging of Spare Tires

November 25, 2009 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration is recalling 11,000 Toyota Tundra pickup trucks in the District of Columbia and 20 US states, including Maryland. The recall was announced due to concern that road salt can cause the vehicle’s frame to corrode excessively. The recall only affects Toyota Tundras, model years 2000 – 2003, registered in US states where chemical-de-icers are used on roads during winter weather.

The NHTSA says Toyota will replaced any damage to a vehicle’s frame or place a rust-resistant compound on the affected area. There is concern that corrosion may cause the vehicle’s spare tire, which is stored in the motor vehicle, to dislodge and fall onto the road (posing a potential road hazard) or on another vehicle. The development of rust on the vehicle can also lead to brake failure if the rear brake lines become damaged.

Considering that drivers need their brakes to work properly so that they can stop their vehicles, having brakes that don’t work properly can prove catastrophic. Brake failure can cause a vehicle to collide into another auto/solid, nonmoving object, strike a pedestrian, or drive into oncoming traffic.

The federal government has received at least 20 complaints that the corrosion has caused causing brake problems or spare tire separation.

Motor vehicle defects can cause serious injuries, as evidenced by the tragic accident that compelled Toyota to recall 3.8 million motor vehicles last September because of concerns that the floor mat on the driver’s side can jam the accelerator. A family died last August because of this very defect.

Auto defects can be grounds for a Washington DC auto products liability lawsuit by the victim or surviving family members.

Recall Alert: Toyota Tundra, US News, November 25, 2009
Toyota Safety Recall Involves Record 3.8 Million Cars, Wired, October 1, 2009

Related Web Resources:
Toyota

Preventing Washington DC Injuries to Children: CPSC Recalls 2.1 Million Drop-Side Cribs

November 24, 2009 | Lebowitz & Mzhen

The Consumer Product Safety Commission announced the largest recall for cribs US history this week. Along with crib maker Stork Craft Manufacturing, the CPSC is recalling over 2.1 million drop-side cribs. 147,000 cribs come with the Fisher-Price logo. 1,213,000 of the crib units were distributed in the United States. The rest of the units were distributed in Canada.

Some 110 drop-side detachment incidents have been reported in connection with the Stork Craft cribs. 15 of the incidents involved entrapment accidents; 4 of them resulted in suffocation accidents. 20 drop-side detachment incidents resulted in fall accidents. 4 incidents resulted in crib-related deaths.

The CPSC and Stork Craft want adults and guardians to stop letting their children use the Stork Craft cribs until they receive and use their free repair kit.

Drop-Side Cribs

While drop side cribs provide the convenience of allowing adults to lift and lower one side of the crib so that a child can easily be lifted and lowered onto the mattress, there have been numerous reports of injuries involving these infant beds. Assembly errors, design defects, and parts malfunctions have been known to cause multiple injuries and deaths. In the last two years alone, the CPSC has recalled over 5 million drop-side cribs.

According to InjuryBoard.com, crib accidents cause 50 infant deaths and 12,000 baby injuries a year. Parents may be able to hold a crib manufacturer liable for Washington DC products liability involving injuries to minors and children if their child is seriously injured or killed because a crib was defectively designed or manufactured.

The CPSC is looking at whether to implement mandatory crib design standards, which could result in a ban of drop-side cribs. Already, Suffolk County in New York has announced a ban that will go into effect in February 2010.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009
2.1 million drop-side cribs recalled, USA Today, November 23, 2009
CPSC to Consider Rulemaking Addressing Crib Defects, Occupational Health and Safety

Related Web Resources:
Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2009
What Are The Safety Issues With Drop-Side Cribs?, About.com

Elderly Man Dies from Injuries Sustained during Washington DC Pedestrian Accident on the Mall

November 17, 2009 | Lebowitz & Mzhen

A 76-year-old man has died from his injuries after he and his wife were struck by a motor vehicle on the Mall in Washington DC this Sunday. According to police, Richard Greenstein and his wife were in a marked crosswalk on Madison Drive NW at 12th street when a vehicle that was backing up struck the two of them.

Greenstein’s wife was treated for minor injuries before being released. Police are investigating the Washington DC pedestrian accident.

In another pedestrian accident, this one on the DC-Maryland border, a 54-year-old man died from injuries he sustained in Temple Hills when he was struck by two Secret Service autos on their way back from Andrews Air Force base. The vehicles are used by Vice President Joseph Biden, who was not in either auto when the pedestrian crash happened at around 3am EST.

Larry D. Moore was crossing the parkway at Naylor Road when he sustained “multiple critical injuries.” He was later pronounced dead. Police are investigating the deadly traffic crash.

According to the National Highway Traffic Safety Administration, of the 34 Washington DC traffic deaths that occurred in 2008, 9 of them were pedestrian fatalities. Nationally, 4,378 pedestrians were killed and 69,000 others were injured.

More NHTSA 2008 Pedestrian Facts:

• 72% of US pedestrian deaths took place in urban areas.

• 70% of the pedestrians that died were males.

Because they have nothing to protect them during the impact of colliding with a truck, bus, car, or motorcycle, pedestrians nearly always get the short end of the stick when involved in a Washington DC traffic accident. The injuries are often fatal or incredibly serious, requiring extensive medical procedures and rehabilitation care.

Man struck by car on Mall dies, Washington Post, November 17, 2009
Man killed in Secret Service crash identified, Gazette.net, November 12, 2009
Biden’s Secret Service motorcade involved in fatal accident, The Raw Story, November 11, 2009

Pedestrians, NHTSA (PDF)

Related Web Resources:

United States Secret Service

US Department of Transportation

Father Files $75 Million Wrongful Death Lawsuit Against the District of Columbia and the Board of Child Care of the United Methodist Church

November 12, 2009 | Lebowitz & Mzhen

The biological dad of a young girl who was murdered and kept in a freezer by her adopted mom has filed a wrongful death lawsuit against the Board of Child Care of the United Methodist Church and the District of Columbia. Michael Muhammed is suing the them for $75 million.

His wrongful death complaint accuses the defendants of failing to protect his daughter from Renee Bowman by neglecting to conduct a background check before allowing her to adopt the little girl. Bowman had a criminal record and a history of financial problems that Muhammed says should have disqualified her as an adoptive mom. His complaint says the District hired the adoption agency to conduct the check on Bowman.

Bowman is charged with the deaths of Muhammed’s daughter Humble and another child she had adopted. She is accused of killing them and storing their bodies in a freezer for at least a year. The bodies were discovered in September 2008 while police were looking into child abuse allegations involving Bowman’s third daughter, who had bruises on her body.