Washington DC Injury Lawyer Blog

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.

Would Revising the Hours-of-Service Regulations Decrease the Number of Washington DC Truck Accidents?

November 10, 2009 | Lebowitz & Mzhen

In a settlement reached between the Federal Motor Carrier Safety Administration and the Advocates for Highway and Auto Safety, Public Citizen, the International Brotherhood of Teamsters, and the Truck Safety Coalition, the FMCSA will conduct another rulemaking regarding the hours-of-service that commercial truckers are allowed to drive. The current regulation lets truckers drive for 11-hours/per shift.

Truck safety advocates are concerned that truck drivers are spending too much time on the road without being required to take a break, which can lead to driver fatigue—a common cause of Washington DC truck accidents and truck collisions in the rest of the United States.

The FMCSA has nine months to begin a rulemaking process and submit notice of it to the Office of Management and Budget. It will have a year to issue a final rule. During this time, the current rules will continue to apply.

While the American Trucking Associations plans to take part in the rulemaking process, it also intends to prove that the current hours-of-service rules shouldn’t be revised. However, although the number of truck accidents a year has dropped since the new rules went into effect, truck safety advocates still believe that more can be done to prevent truck crash injuries and deaths.

Truck Accidents

Large trucks continue to be a cause of serious injury to victims. Spinal cord injuries, traumatic brain injuries, internal injuries, and death can result. One common cause of tragic truck crashes is driver negligence. One way to decrease the number of truck crash deaths is for the government to develop regulations that require truckers to drive their vehicles responsibly and safely.

FMCSA to reconsider hours rules, Etrucker.com
Obama administration considers changing rules for truckers, Pennlive.com, November 8, 2009
Related Web Resources:

Federal Motor Carrier Safety Administration

American Trucking Associations

Stay Alert and Awake: Drowsy Driving Prevention Week Reminds Motorists to Prevent Washington DC Car Accidents Caused by Sleepiness and Fatigue

November 3, 2009 | Lebowitz & Mzhen

According to the 2009 Sleep in America poll by the National Sleep Foundation, about 1.9 Million Drivers are involved in drowsy driving car crashes or near miss accidents each year. Unfortunately, many people underestimate the power sleepiness can have in causing Washington DC car accidents.

Per the poll, 105 million US drivers have driven while sleepy in the last year. 54 million drivers drive while drowsy at least once a month.

National Sleep Foundation chairman Thomas Balkin says that while motorists are good at recognizing when they are tired, this doesn’t stop them from getting behind the wheel of a motor vehicle and driving. Balkin says that people mistakenly think that they can will themselves to stay awake but they often don’t even realize that they are falling asleep. Balkin notes that just one moment of “reduced awareness” can cause a motor vehicle crash.

Drowsy driving slows reflexes, reduces alertness, and impairs one’s ability to think clearly and rapidly respond to an emergency situation. A person who is sleepy or very tired while driving might inadvertently lane change, let go of the steering wheel, fail to notice traffic signs, not see other vehicles or pedestrians, drive off the road, or drive into oncoming traffic.

Drowsy driving can be grounds for a Washington DC injury claim or wrongful death lawsuit if another person is injured as a result.

In an attempt to decrease the number of drowsy driving accidents, the National Sleep Foundation has declared November 2 – 8 Drowsy Driving Prevention Week.

Ways to Avoid Drowsy Driving:

• Get a good night’s driving.
• Take periodic brakes (every 2 hours or every 100 miles).
• Don’t drink alcohol or take medications that cause drowsiness before driving.
• If necessary, stop and take a nap.

• Take caffeine if necessary.

.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, October 29, 2009
Drowsy Driving: Reduce Your Risk of Falling Asleep Behind the Wheel, Associated Content, June 27, 2006
Related Web Resources:

National Sleep Foundation

NHTSA

Halloween Can Be Scary for Washington DC Pedestrians

October 28, 2009 | Lebowitz & Mzhen

Ghosts and goblins may not be the scariest part of Halloween for kids. According to the National Highway Traffic Safety Administration, Halloween is the second deadliest day of the year for pedestrians. Meantime, Safe Kids USA reports that kids are twice as likely to die in a child pedestrian accident on Halloween night than any other night.

The reason that the night of October 31 brings with it a greater risk of Washington DC pedestrian accidents is that there are more kids out on the streets and sidewalks than on other nights because they are trick or treating. Also, Consumer Reports is reminding readers that this year, Halloween is on a Saturday. This means there is no school or work the next day. The NTSB says that more pedestrian accidents happen on Saturdays than on any other day of the year. Because November 1, 2009 is when we’ll turn our clocks back an hour, this year, people have one more hour to stay out on Halloween.

Just because Halloween is a time for tricks and treats doesn’t mean that drivers and pedestrians should become less vigilant when out on the streets. Little kids in costume can be hard to see—especially if they are wearing dark clothing or masks—and in the excitement to get from one house to the next a young child may run into the middle of the road unexpectedly. Parents should make sure that young kids do not walk around by themselves unattended or, at the very least, familiarize them with the rules of safe walking.

For drivers, driving drunk on any night is never a good idea. It’s an especially bad idea on Halloween night when motorists must watch out for child pedestrians. Driving slower than the speed limit can also help. Now is also a good time (as any) to stop text messaging or talking on the cell phone while driving.

If your child was injured in a Washington DC pedestrian accident because a motorist was careless or reckless, you may have grounds for an injuries to minors lawsuit.

Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009
Halloween safety tips for pedestrians and drivers, Consumer Reports, October 28, 2009

Safe Kids USA

Educating Child Pedestrians, WalkingInfo.org

Medical Malpractice Survivors and Families Travel to Washington DC to Stand for Personal Injury Victims’ Rights

October 26, 2009 | Lebowitz & Mzhen

Last week, families from outside Washington DC traveled to the US to ask Congress to preserve medical malpractice victims’ legal rights. Their visit comes as the White House and Congress work on a final health care reform bill that has some lawmakers pushing to limit the legal rights of patients who were injured because of medical negligence.

According to USAction executive director Jeff Blum, about 98,000 Americans die every year because of medical mistakes. Public Citizen’s Congress Watch division director David Arkush notes that even many medical errors are preventable, the number of people affected by medical mistakes has reached epidemic heights. He says that Congress should cure the epidemic, not limit victims’ rights.

Washington DC Medical Malpractice

Doctors, surgeons, nurses, anesthesiologists, dentists, plastic surgeons, optometrists, dermatologists, gynecologists, obstetricians, and other medical professionals must provide patients with a certain level of care. When failure to provide that care results in a medical mistake that causes injury or death, the medical provider can be held liable for medical malpractice.

Grounds for filing a Washington DC Medical Malpractice Claim:
• Failure to obtain informed consent
• Surgical errors
• Wrong diagnosis
• Delayed diagnosis
• Birthing errors
• Negligence, carelessness, or recklessness
• Medication mistakes
• Wrong site surgery
• Leaving surgical tools in patients
• Operating on the wrong body part or organ
• Removing the wrong body part or organ
• Anesthesia errors
• Performing the wrong procedure on the patient

Medical mistakes can be extremely painful and costly for the patient. A medical malpractice victim may even have to undergo more procedures and suffer from medical complications because of a medical error. Medical malpractice can even lead to Washington DC wrongful death.

Injured Medical Malpractice Survivors Travel to Washington, D.C., to Protect Patients’ Rights, Common Dreams, October 21, 2009
Related Web Resources:
Medical Malpractice, Nolo
Health Care Reform, The White House
Medical Practice, Public Citizen

Federal Highway Administration to Study Motorcycle Accident Causes

October 20, 2009 | Lebowitz & Mzhen

The Federal Highway Administration says it will conduct a study so it can understand what causes motorcycle crashes and how to prevent them from happening. Our Washington DC motorcycle crash lawyers wish to point out that this is an important endeavor, considering that almost 5,300 motorcycle riders died last year while 96,000 others were injured.

The federal government hasn’t conducted a study like this since its Hurt Report in 1981—that was almost 30 years ago. Oklahoma State University’s Oklahoma Transportation Center will be the study’s lead researcher.

Information from hundreds of motorcycle accidents will be examined in an attempt to pinpoint common factors, such as rider experience, road configurations, and environmental conditions. Hopefully figuring out the latest common causes of motorcycle crashes will allow for countermeasures to be identified, developed, and implemented.

From 1997 – 2008, the US Department of Transportation’s Fatality Analysis Reporting says that the number of motorcycle deaths went up by 150% from 2,116 to 5,290 motorcycle fatalities.

Washington DC Motorcycle Accidents

Motorcycle riders are vulnerable to sustaining serious injuries whenever they are involved in a traffic accident. Motorcyclists only have their helmet and protective clothing to protect them. Statistically, their chances of dying in a motorcycle crash is more than 20 times greater than the fatality risk of someone riding in a car. In most motorcycle-car accidents, it is usually the driver of the motor vehicle who caused the traffic collision.

While efforts have been made to teach motorcycles and car drivers, truckers, and bus drivers how to share the road safely with each other, this is not always the case. It doesn’t help that there are the occasional defective road conditions and motorcycle part defects that can cause a motorcyclist to crash without another motorist’s help.

Federal Government To Study Motorcycle Crash Causation, Chicago Now, October 9, 2009
Related Web Resources:
The Hurt Report Summary

Motorcycle Safety Foundation