Washington DC Injury Lawyer Blog

$30 Million Washington DC Bus Crash Lawsuit Filed Against Metro by Injured Congressional Staffer

January 11, 2010 | Lebowitz & Mzhen

Amanda Mahnke, Representative Rick Larsen’s communications director who was seriously injured when an empty bus struck her on September 3, is suing Metro for Washington DC personal injury. She is seeking $30 million in damages.

According to Mahnke’s DC bus accident lawsuit, she sustained permanent injuries, including a traumatic brain injury, a broken clavicle, a fractured skull, fractured ribs, a collapsed long, an epidural hematoma, a pelvis fracture, and other personal injuries when she was struck by the Metro bus while she crossing an intersection on Florida Avenue, NW. She is accusing Metro of negligence for allowing bus driver Carla A. Proctor to keep driving its buses even though she had been sued in the past for causing other collisions.

Proctor was involved in a multi-vehicle crash involving another bus and seven autos in March 2003 when she got out of the bus to examine a faulty door. According to lawsuits against Metro and Proctor, because she allegedly failed to set the brake the bus rolled down a hill. After Proctor struck a parked vehicle in December 2004, an elderly bus passenger filed a Washington DC bus crash lawsuit against Metro.

Washington DC Traumatic Brain Injuries Can Cause Emotional Processing Problems for Victim, Says New Study

January 5, 2010 | Lebowitz & Mzhen

According to studies conducted by Professor Roger Wood, a head injury specialist, and Claire Williams from Swansea University, many traumatic brain injury patients experience personality changes as well as suffer from emotional processing issues. A loss of emotional attachment, which family members have described as lack of love or warmth, as well as a decreased ability to experience empathy, are some of the problems that can arise. These emotional processing issues not only cause relationship difficulties between TBI patients and their families, but they can make recovery more challenging.

In one of the studies conducted by Wood and Williams, they discovered TBI patients had a hard time recognizing the emotions that people on video and in pictures were exhibiting. This impairment did not appear to be related to general cognitive deficits, the seriousness of the TBI, or the time that had lapsed since the head injury occurred.

Williams and Wood say that alexithymia, a personality trait that makes it hard for people to describe their own feelings, appears to be more common in TBI patients.

Traumatic Brain Injuries

Traumatic brain injuries can occur as a result of car accidents, truck crashes, pedestrian accidents, motorcycle collisions, medical malpractice, birthing malpractice, serious fall accidents, drowning accidents, choking accidents, or other kinds of Washington DC injury accidents.

Living with a TBI can seriously impair a person’s ability to live a normal life. In many serious traumatic brain injury cases, the annual medical costs for taking care of a TBI patient can be astronomical. The lives and well-being of family members and close friends are also seriously affected.

Traumatic Brain Injury leads to problems with emotional processing, Psychology Today, January 3, 2010
Related Web Resources:

The Balanced Emotional Empathy Test (BEES) and Optional Software

Traumatic Brain Injury, Mayo Clinic

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