Fatal Traffic Accidents

Anne Arundel Accident News: Reckless Driving Blamed in Single-Car Crash that Killed 3-Year-Old

July 23, 2011 | Lebowitz & Mzhen

Reckless driving is one of the many causes of car and truck accidents throughout Maryland and the United States as a whole. Call it what you will; road rage, street racing, driving while angry, or just plain aggressive driving, this kind of behavior on public roads is the main ingredient of a recipe that can only serve up injury and potential death.

As personal injury lawyers serving the residents of Frederick, Baltimore, Hagerstown and Washington, D.C., we represent the victims of automobile accidents from all across the state. Besides so-called minor injuries such as superficial cuts, abrasions and bruises, many victims of traffic accidents can suffer more serious and life-threatening injuries like closed head trauma, damage to internal organs and spinal cord injuries.

Sadly, some victims die from their injuries even after they have reached a hospital. These people usually did nothing more than be in the wrong place at the wrong time, and for that indiscretion they and their families pay the ultimate price. In such cases, a wrongful death claim against the negligent party is not out of the ordinary.

A little while ago, a Maryland teenager from Halethorpe, MD, was the subject of scrutiny when police indicated that the young man was allegedly racing with another vehicle along a southbound stretch of Ridge Rd in Anne Arundel County. According to police, 16-year-old Buck J. Benny ignored the pleas of his passengers to slow down during a Wednesday night drive home from Patapsco Valley State Park. The vehicle, a Plymouth Acclaim, was filled with a number of the teen’s friends and relatives, including a three-year-old toddler sitting on the lap of one occupant.

Maryland Personal Injury News: One Driver Dies in Fatal Baltimore-Washington Pkwy Two-car Collision

July 19, 2011 | Lebowitz & Mzhen

There is nothing more wrenching for a family than to find out that a loved one has died in a tragic and fatal traffic accident. Individuals who lose their lives on Maryland roadways more often than not have died in vain and the surviving family members have little with which to console themselves save their memories of happier times. As Baltimore personal injury attorneys and automobile/truck accident lawyers, our thoughts go out to the victims and their families of these senseless and sometimes violent motor vehicle crashes.

Whether you live in Rockville, Annapolis, Gaithersburg or the District, you probably know a family who has been touched by tragedy. For some relative, the death of a close relative is sometimes not known for a day or two, and while this may be a rare occurrence for some, the interval between which a husband or wife last saw their spouse and when the authorities inform that family of the devastating news can be an eternity.

Depending on the circumstances of a fatal car, truck or motorcycle wreck, there is sometimes a chance that a wrongful death lawsuit may be brought against the negligent party. In cases where a person has died wrongfully at the hands of another motorist, the family can claim damages in the form of compensation for pain and suffering, not only for themselves but for the deceased relative, who may have suffered for days or weeks before dying from from injuries, such as life-threatening internal organ damage, severe head trauma or spinal cord damage, sustained as a direct result of the crash.

No Drunken Driving Charges for Annapolis Motorist in Fatal New Years Hit-and-Run Pedestrian Accident

July 5, 2011 | Lebowitz & Mzhen

Charges of drunken driving were apparently not pressed against an Anne Arundel driver who allegedly caused a fatal pedestrian-car crash in the Annapolis area on New Year’s Day, 2010. According to police reports, the driver left the scene and when he turned himself in he refused a breathalyzer test to check for blood-alcohol content (BAC). Because of that fact, police could not substantiate the man’s alleged drunkenness at the time of the traffic accident.

As Maryland injury attorneys, I and my colleagues understand the anguish that a family feels for the death of a relative at the hands of a negligent driver. Any fatal car accident is tragic, not simply because that crash may have been avoided, but also because of the great distress to the victim’s family that such an event can cause. Wrongful death suits can be one avenue for a victim’s relatives to recover damages, including those for pain and suffering that the victim may have experienced prior to his or her death.

In the case of that fatal hit-and-run accident, the Anne Arundel prosecutor’s office decided to drop the charge of drunk driving against 22-year-old Thomas Judge following the collision that killed a 40-year-old Maryland resident, Alfred Byrd as he traversed Bay Ridge Road in the early morning hours of January 1, 2010.

The defense argued that Judge was not drunk at the time of the fatal crash and that the victim himself had contributed to his own death by wearing dark clothing and apparently having used some amount of cocaine prior to the accident as he staggered across the road, according to court records. The prosecution alleged that Judge and some friends drank boilermakers during a New Year’s Eve party before going downtown around 10pm to continue celebrating at several bars along West and Main streets.

Rockville Man Gets 20 Years for Deaths of Two Pedestrians in Fatal Drunken Driving Crash

June 24, 2011 | Lebowitz & Mzhen

We’ve said it before, but once again it bears repeating; causing a traffic death while driving under the influence here in Maryland or the District of Columbia is simply unforgivable and no amount of excuses or apologies can make things right again. If you don’t believe this, consider the recent sentence levied against a 25-year-old driver from Rockville, MD, who will be spending the prime of his life behind bars for the untimely drunk driving deaths of two innocent people.

As Baltimore auto, trucking and motorcycle accident attorneys providing personal injury representation to Maryland residents, there is no redeeming characteristic that trumps a fatal DWI, DUI or drug-related traffic accident that leaves another person dead or maimed for life. The seemingly harmless act of becoming drunk, turns into a jailable offense when an individual gets behind the wheel of a motor vehicle and essentially turns it into a deadly and random weapon.

Such was the case of Alejandro Roman, who was recently sentenced to two consecutive 10-year jail terms by a Montgomery County judge in the vehicular homicide deaths of two Maryland men. Some may argue that the defendant should have received a harsher sentence, however under Maryland law 10 years in prison is the longest sentence allowed for this kind of crime. Even so, others tend to believe that 20 years is rather strict. We’ll let history be the judge.

According to police reports, Roman was driving his Acura at nearly two times that posted speed limit last October when he struck the two pedestrians along a stretch of Rockville Pike in White Flint, MD. Police stated that the man was legally drunk at the time of the accident and that his vehicle was estimated to be traveling at 76mph in a 40mph zone.

A former sergeant in the U.S. Army Reserve, Roman reportedly said that he was deeply sorry for the deaths of the two individuals. According to court records, the defendant pled guilty to both counts of vehicular manslaughter last March. Based on news reports, police apparently held Roman in custody, but following an interview the man was not initially charged with any crime.

Baltimore Automobile and Trucking Accident News: Maryland State Trooper Dies in Collision with Semi Rig

June 16, 2011 | Lebowitz & Mzhen

Even experienced drivers and other professionals who operate motor vehicles for a living can be caught in a serious or fatal car, truck or motorcycle crash. As Baltimore auto accident lawyers and D.C. personal injury attorneys, we represent numerous individuals who have been hurt in traffic collisions between passenger cars, SUVs and other larger vehicles, such as tractor-trailers, commercial delivery trucks and gasoline tanker trucks.

Not long ago, one of our Maryland State Police troopers was killed in the line of duty when his patrol car slammed into the rear of a tractor-trailer rig parked on the shoulder of Interstate 95 a little bit south of the Laurel rest stop. The accident occurred in the early morning hours on a Saturday as Trooper First Class Shaft Hunter was heading southbound apparently pursuing a motorcyclist who may have been speeding along the interstate.

A witness reportedly saw the biker pass by at a high rate of speed sometime before 2:30am with the trooper not far behind. No details were given at the time of the news article, but for some reason Hunter’s patrol car struck the parked semi just south of Rte 32.

Maryland Auto Injury News: Uninsured Motorist Gets One Month in Jail for Fatal Carroll County Crash

June 11, 2011 | Lebowitz & Mzhen

According to news reports, a Sykesville woman will be serving just 30 days in jail following a fatal car crash that killed a Westminster woman back in 2009. The defendant, 21-year-old Anastacia Hardester was found guilty of negligent driving by a Carroll County Circuit Court judge, but apparently avoided stiffer penalties when the court could not find sufficient evidence for the more serious vehicular homicide charges.

As Baltimore automobile and motorcycle accident lawyers serving Maryland and Washington, D.C., we have seen this type of scenario play out time after time in Maryland injury accidents. Each year across this country hundreds and thousands of people are killed by drunk drivers leaving families without mothers, fathers and siblings. According to news reports, this particular accident may have involved drug DUI, however the court was only able to convict the woman of negligent driving, failure to drive on the right half of the road and driving while uninsured.

Based on police reports, Hardester’s vehicle allegedly crossed the centerline along a stretch of Md. 27 in Westminster, colliding with a second vehicle driven by 24-year-old Valerie Claire. According to court records, the car crash took place around 2pm in the afternoon. Prosecutors stated that the defendant told officers at the Westminster police barrack nearly one month following the accident that her prescribed daily dosage of methadone usually made her drowsy around 2 or 3pm.

Baltimore Injury News: James Madison Student Implicated in Maryland Traffic Accident that Killed 3 People

June 8, 2011 | Lebowitz & Mzhen

Whenever we ride with others in a motor vehicle we place great faith in the abilities and judgment of the driver. For most of us, we cannot imagine that a close friend, business acquaintance or family member would ever put our life in jeopardy, much less his or her own. And yet every day across this country individuals are killed or maimed by the negligence of someone they know and trust.

As Baltimore auto accident attorneys and Maryland personal injury lawyers, we know that the seemingly inconsequential decision to get into a passenger car or climb onto the back of a motorcycle with a friend or relative can sometimes turn out to be a life-changing event. These kinds of road accidents can result in injuries ranging from minor cuts, bruises and abrasions, to more serious broken legs and arms, neck injuries and life-threatening closed-head trauma.

Not long ago, three people died in a single-car accident along a stretch of road in Olney when a James Madison University student somehow lost control of his vehicle and struck a tree. According to news reports, Kevin Coffay was arrested by police following the crash and charged on four felony counts.

Baltimore Auto Accident News: Maryland Driver Sentenced to 3 Years for Fatal DUI Pedestrian Crash

June 5, 2011 | Lebowitz & Mzhen

It seems that almost daily we hear of another drunk driving traffic here in Maryland. Sadly many of those DUI auto and trucking wrecks result in fatalities, most of which could likely have been avoided if the responsible party had taken the time to adhere to simple and worthwhile state laws regarding drinking and driving. Alas, few of these drivers do consider the safety and well-being of others, much less themselves.

It’s no surprise that traffic deaths involving alcohol intoxication or impairment due to prescription drugs is a serious concern at police departments all over the country. As Maryland auto accident lawyers and Washington, D.C., personal injury attorneys, I and my colleagues try to help individuals injured by the negligent acts of others. For those people who are killed as a result of a car, truck or motorcycle collision, we work to represent the victim’s family’s in cases such as wrongful death.

Sad as it is, spouses and children of these victims must still carry on in the absence of the deceased loved one, which can be a strain when household finances are stretched to their limit due to huge medical bills combined with lost wages.

Baltimore Auto Accident News: Maryland Driver Faces 3 Years for Fatal Sharpsburg Car Crash

May 29, 2011 | Lebowitz & Mzhen

It’s a terrible shame that so many innocent people are killed or injured every year by drivers who have previously been convicted of drunken driving, sometimes for multiple offenses. As Maryland personal injury attorneys and automobile accident lawyers, I and my colleagues have represented victims of serious traffic wrecks, as well as their families, to help these individuals recover damages due to another driver’s negligence.

Even though courts here in Maryland and in Washington, D.C., convict drivers that have been arrested for driving under the influence, many of these same people go on to drive drunk again and in the process kill or maim others with little concern for themselves or the victims they create by their reckless acts. Not long ago, a Hagerstown driver pled guilty on two counts of causing life-threatening injuries while driving under the influence of alcohol.

Based on news reports, 26-year-old Cory Kuczynski was tried for injuring Joseph and Lauran Dwyer in a three-car Washington County traffic collision one year ago. The defendant was not charged with the death of a third individual, Danielle Paikin, because prosecutors did not believe they could easily prove that the man was responsible for the woman’s death.

According to court records, Kuczynski, who also failed to stop immediately following the crash, admitted to police that he had been driving while intoxicated. Washington County Circuit Court to driving under the influence and failing to stop immediately at the scene of an accident involving serious bodily injury in a 2010 fatal crash near Sharpsburg.

Based on news articles, the accident occurred just after 1am on May 6, 2010 when a sedan driven by another person crossed over the centerline and collided almost head-on with a 1993 Buick being driven by Lauran Dwyer. Just following the initial crash, Kuczynski’s Nissan, which was traveling northbound, hit the Buick on the passenger side.

The force of that crash pushed Dwyer’s car almost 30 feet back, pinning Joseph Dwyer underneath the vehicle and causing him serious torso, leg and head injuries. Paikin, the front-seat passenger, was trapped inside the Buick and later died from her injuries.

Maryland Personal Injury News: AAA Joins Victims’ Families in Pushing for Stricter Vehicular Homicide Legislation

May 24, 2011 | Lebowitz & Mzhen

Traffic accidents that take innocent lives are some of the most regrettable events anyone has to face. Recently, the Maryland legislature assed House Bill 363 that essential says drivers who are found guilty of being grossly negligent in fatal car crashes will be facing a new prison term option from courts across the state.

According to news reports, the general assembly approved the bill that calls for “grossly negligent” drivers who are determined to have caused a fatal traffic accident will be looking at mandatory jail time. Previously, even reckless drivers’ actions were found to have resulted in a deadly automobile or motorcycle crash were not always help to account for another person’s death.

Under Maryland’s current statutes, a motorist could be facing jail following a fatal car-bike crash, but only if it can be proven that the defendant was grossly negligent. Many experts have suggested that some of the state’s prosecuting attorneys feel gross negligence is an extremely high standard to reach in court. The approach, according to earlier reports, was to get lower the standard to something closer to “substantial deviation from the standard of care.”

Naturally, demonstrating “substantial negligence” is typically more difficult than “ordinary negligence,” however it is easier than meeting the standard for “gross negligence.” It has been suggested that the standard of substantial negligence would apply to more instances of, say, vehicular homicides in which the defendant was found to be going twice the speed limit on a winding country road, or passing a slower vehicle on a blind curve.

Nevertheless, the new jail-time penalties likely to be used by state and local prosecutors’ offices may begin to make a dent in what seems to have become the painful and all too common occurrence of deadly car-bicycle accidents. The goal, as suggested by many observers, is to thwart the sometimes reckless behavior of motorists and even to reduce or eliminate fatal biking accidents, not unlike the way that DWI and DUI laws have helped to reduce the number alcohol-related traffic accidents, injuries and fatalities.

As Maryland auto and motorcycle accident attorneys and Washington, D.C., injury lawyers, my office has seen the results of road accidents involving passenger cars, commercial trucks and bicycle riders enough to know that new laws designed to protect cyclists and pedestrians are a step in the right direction.