Washington DC Injury Lawyer Blog

Liability for Fatal High-Speed Police Chases in Maryland

January 31, 2022 | Lebowitz & Mzhen

High-speed chases are a controversial issue that involves complex public policy and safety issues. While there may be a need for a high-speed police chase, these events can lead to severe injuries and death for Maryland motorists. The balance between apprehending those accused of a crime and the potential risk to the public is a challenging task; however, ultimately, public safety is paramount. Various studies have examined the impact of these cases, finding that high-speed police pursuit nearly 300 people each year. Of these fatalities, about two-thirds were traveling in the fleeing vehicle, while an overwhelming 30% were not involved in the chase. As such, many fatalities involve innocent Maryland motorists, passengers, and pedestrians.

Recently, Maryland news reports described fatalities stemming from a fatal-single vehicle crash occurring during a police pursuit. A motorist fled after police attempted to stop him for a traffic stop. While under pursuit, the driver lost control of their vehicle and crashed. Emergency responders transported one of the vehicle’s passengers to the hospital for non-life-threatening injuries; however, the second occupant suffered fatal injuries. State officials are continuing to investigate the accident.

Maryland maintains various rules that regulate the responsibility of local and state governmental entities. Under Maryland law § 19-103, police officers are not liable for injuries that stem from a police pursuit or any emergency. However, the immunity does not cover situations where the police officer was grossly negligent. Gross negligence refers to an “intentional failure” to perform a duty in the “reckless disregard” of the consequences of their actions. In other words, gross negligence occurs when an individual acts with wanton and willful disregard for the care and safety of others.

Lithium-Ion Battery Fires and Explosions Pose a Danger to Washington, D.C. Residents

January 25, 2022 | Lebowitz & Mzhen

Battery explosions and subsequent fires can occur because of a variety of reasons. Those who suffer injuries because of a defective or dangerous product should consult an experienced Washington D.C. personal injury lawyer. Lithium-ion batteries present specific and serious hazard potentials. These batteries possess high voltage and stored energy in addition to a reaction component. Some lithium-ion battery companies implemented an additive membrane to reduce the dangers of these batteries; however, there remains a risk of explosion.

Are lithium-ion batteries dangerous?

Yes, while lithium-ion batteries have some features to protect from overheating during use, there are specific reasons why a defective battery can cause an explosion and fire. These batteries have unique safety issues because their materials are flammable and unstable when they reach an elevated temperature. As such, lithium-ion batteries possess all the elements to self-sustain a fire.

Avoiding Injuries During Inclement Washington, D.C. Weather

January 17, 2022 | Lebowitz & Mzhen

Although Washington, D.C. experiences less snow than many other cities and states along the eastern seaboard, it certainly is no stranger to the occasional icy road from sleet or snow or slippery sidewalk from rain. During the winter months when it gets particularly chilly, sometimes ice forms on common walkways or on the road, which creates slippery conditions. Pedestrians and commuters who walk to work must remain vigilant to prevent any accidental slips, falls, or trips in wet or icy weather.

Slipping and falling most commonly takes place when the weather is icy or rainy, when visibility and weather conditions are poor, and when the pedestrian is hurrying or fails to pay attention to their surroundings. If a pedestrian is on their cell phone, in a rush, and wearing poor footwear while attempting to walk on the ice at night, for example, combining any of these factors could also significantly increase the risk of injury.

Slips and falls are more common than you may assume. According to the National Floor Safety Institute, slips and falls account for over a million visits to the emergency room and falls account for more than eight million hospital emergency room visits every year. Falls continue to be the leading cause of emergency room visits.

Hundreds of Drivers Stuck Overnight on Interstate Near D.C.

January 10, 2022 | Lebowitz & Mzhen

Ice and snow swept across the east coast and mid-Atlantic earlier this week, and Washington, D.C. was no exception. Although officials were initially expecting only a few inches of snow, the snowstorm brought in more than a foot instead. Blanketing everything outside in a layer of white, the snow may have been pretty to look at and play in initially—but posed some significant safety and visibility concerns for drivers.

According to a recent news report, the recent snowstorm in Washington, D.C. left hundreds of vehicles stuck overnight on I-95 south of Washington. I-95—a 40-mile stretch of highway—is one of the busiest travel corridors in the United States. The highway came to standstill overnight after a snowstorm swept through and led to hundreds of accidents.

While some people abandoned their vehicles, others spent the night on the highway instead. Over the course of 24 hours, state troopers moved from vehicle to vehicle, providing supplies. Tow trucks also helped by dragging disabled vehicles out of the snow. Among the drivers who stayed, many were trapped without any food and water and only in the clothes they had in the car. Others chose to abandon their vehicles, walking about a quarter-mile from the highway to nearby businesses for relief. Authorities responded to more than 1,000 crashes and 1,000 disabled or trapped vehicles.

Holiday Mailbox Recall May Affect Washington, D.C. Residents

December 31, 2021 | Lebowitz & Mzhen

This holiday season, families who celebrate or observe Christmas, many families get their children to participate in holiday activities or traditions such as writing letters to Santa about their holiday wish lists. What happens, however, when a cute idea or activity turns into a dangerous hazard?

According to a recent report from the U.S. Consumer Product Safety Commission (CPSC), a “letters to Santa” mailbox sold at Target was recently recalled. On December 10, 2021, the CPSC recalled the Bullseye Playground brand letters to Santa mailbox, citing that the mail slot on the box could be sharp and pose a laceration hazard. According to the agency, roughly 174,300 were sold in stores and consumers can seek refunds directly from the store. Across the country, Target received nine reports of sharp mail slot openings and seven incidents of lacerations. Of these seven incidents, three lacerations required medical attention.

Unfortunately, because these mailboxes were sold nationwide, Washington, D.C. residents should remain vigilant if you or your loved ones or friends purchased these items. Because many items in addition to these mailboxes often also have faulty designs or manufacturing defects that could cause injury to consumers, it is important to know what your options are if you are ever injured by a product you purchase.

Proposals for Pedestrian Safety in Washington, D.C.

December 25, 2021 | Lebowitz & Mzhen

Unfortunately, pedestrian accidents are becoming increasingly common in Washington, D.C. Many accidents are occurring as children are walking to school, along with at night once it turns dark. As safety is a number one concern for most people—politicians, parents, and D.C. citizens alike—implementing safety measures to reduce pedestrian accidents is a must. Below are some proposals to make the D.C. streets safer and reduce pedestrian accident deaths, along with what to do if someone is involved in a pedestrian accident.

The below proposals have been recommended after a nine-year-old child was injured in Southeast Washington, D.C. last week. The child was crossing the street when she was struck by a car outside a church by an oncoming vehicle.

Proposals in D.C. City Council

Various members of the Washington, D.C. city council have proposed bills to address pedestrian deaths and injuries. One proposal is the “Walk Without Worry Amendment Act” which will create more raised crosswalks and intersections throughout the city. A raised crosswalk is a ramped speed table to reduce vehicle speed. Raised crosswalks help to reduce pedestrian accidents as it is easier for drivers to see pedestrians—both during the day and at night—and thus fewer incidents occur.

Staying Safe as a Maryland Pedestrian This Holiday Season

December 16, 2021 | Lebowitz & Mzhen

With the holidays in full swing, more foot traffic is only natural. Whether people are bustling to add finishing touches to their holiday gatherings and decorations or rushing to buy gifts for their loved ones and friends, things are always more chaotic this time of year both on the sidewalks and the streets. Whether you plan to get around this holiday by car, foot, or some combination of both, it is crucial that you remain vigilant and proactive to keep yourself and others safe.

According to a recent local news report, a nine-year-old boy is on life support after being hit by a car. Local authorities reported that the boy was leaving school on a Friday afternoon when he was hit. Police noted that the boy was attempting to cross the street to meet an adult but was not in a crosswalk when he was hit. He was found unconscious and not breathing on the scene when authorities arrived. The driver stayed on the scene following the accident and is cooperating, but it is unclear if speed was a factor in the accident. The accident remains under investigation.

How common are Maryland pedestrian accidents?

Every year, pedestrian fatalities comprise approximately 20 percent of all traffic deaths in Maryland. In addition, nearly 3,000 Maryland pedestrians are injured and 400 are struck by vehicles annually. Among individuals who are at the highest risk of getting into a pedestrian accident, pedestrians who are between the ages of five and fifteen are at the greatest risk of injuries. In fact, nearly 30 percent of injured pedestrians are under the age of 15.

Recovering Damages After Injury at Washington D.C Museum or Monument

December 10, 2021 | Lebowitz & Mzhen

Many consider Washington D.C. “America’s Front Yard”, as the nation’s capital is home to many iconic memorials and museums. Every year, millions of people visit Washington D.C. to commemorate legacies, make their voices heard, and learn about our nation’s history. The vast amount of visitors at monuments and museums often leads to heavy vehicle and foot traffic. Although these institutions take steps to prevent injuries, the measures do not always address the extent of hazards and dangers that these places pose to guests, visitors, and employees.

Generally, property owners owe their visitors, guests, and employees a duty to keep their premises safe from dangers. However, the duty varies depending on the status of the business, the classification of the guest, and circumstances surrounding the injuries. The challenges only heighten when the injury occurs at a government building or property. Some common places where a Washington D.C. injury may occur include:

Supreme Court
Library of Congress
National Monument
U.S. Capitol
National Museum of the American Indian
Hirshhorn Museum & Sculpture Garden
National Museum of African Art
National Air & Space Museum

Third-Party Claims After Washington D.C. Workplace Accidents

November 30, 2021 | Lebowitz & Mzhen

When a worker suffers injuries at work or during a work-related event, they may collect damages for their injuries. The workers’ compensation framework often limits an injury victim’s ability to file a claim against their employer. Unlike Washington D.C. personal injury claims, workers’ compensation law does not require the claimant to establish their employer’s fault. However, recovery through the workers’ compensation program may not cover the extent of a worker’s losses. An attorney can help injury victims determine whether a third-party lawsuit provides a viable route to relief in those situations.

Third-party liability refers to situations where an entity separate from the employer causes a workplace incident. In most situations, a victim cannot file a third-party lawsuit against a supervisor or worker. However, these claims may be appropriate in cases such as those involving:

Manufacturing defects;
Negligent drivers who cause car accidents to a worker on the job; or
Visitors who cause injuries to the employee.

Accident in Adams Morgan Neighborhood of Washington, D.C. Causes Pedestrian’s Death

November 24, 2021 | Lebowitz & Mzhen

Pedestrian accidents can occur for many reasons: the driver’s impaired vision, lack of focus, or even taking substances while driving. When someone is hurt—or worse, killed—in a pedestrian accident, the police will investigate the incident and determine whether or not to bring criminal charges against the driver. Regardless of this decision, individuals may still want to bring a civil lawsuit against the driver. However, there are important distinctions between a criminal case and a civil, wrongful death lawsuit when someone has been killed in a pedestrian accident in Washington, D.C.

Recently in the Adams Morgan neighborhood of Northwest D.C., a woman was hit and killed while crossing the street. According to a local news report, the 24-year-old was crossing a road when she was struck and became trapped under the vehicle. While she was pulled from underneath the car and rushed to the local hospital, she passed away. Police are still investigating the incident, and it is unclear at this time whether the driver of the vehicle will face charges.

In accidents like the one described above, a personal representative of a person killed in a pedestrian accident can bring a lawsuit against the responsible individual—even if criminal charges are not filed. Although there are many similarities between a wrongful death lawsuit and a criminal case stemming from the same accident, there are critical differences individuals should be aware of.