Fatal Traffic Accidents

Maryland Auto Accident Update: Are Lenient Vehicular Manslaughter Laws Unfair to Victims of Fatal Car Crashes?

March 29, 2010 | Lebowitz & Mzhen

To some observers, it could be said that Maryland’s automobile manslaughter laws are not nearly as harsh as they should be for individuals convicted of killing another person as a result of a traffic wreck. While car and truck accidents happen all of the time, a percentage of these collisions are fatal. As a Baltimore auto accident lawyer, I and my colleagues have helped dozens of families deal with the tragic loss of a loved one due to another person’s negligence.

Wrongful death suits can be quite commonplace in instances of gross negligence on a driver’s part. Certain factors can make a vehicular manslaughter charge necessary, such as drinking and driving, excessive speed and aggressive driving, even distracted driving is getting the attention of some states as a cause of fatal passenger car and trucking-related collisions. Pedestrians killed by a motorist’s poor judgment are another group that is represented in the gruesome fatal traffic accident statistics.

A recent editorial brought home some of the heart-breaking details that illustrate typical facts surrounding these sad stories of loss and grief. One example of the seeming injustice of Maryland’s traffic laws was an incident where a driver only had to pay two traffic tickets after an accident that killed a gentleman and was allegedly caused by excessive speed, racing and off-road driving.

Baltimore Injury Lawyer News: Many Maryland Residents Support Ignition Interlocks for Convicted DUI Offenders

March 26, 2010 | Lebowitz & Mzhen

Drunk driving kills thousands of people every year across the U.S. and Maryland is no exception to this sad statistic. Whether you live in Annapolis, Baltimore, the District or Columbia, MD, every week it is possible to read another in the steady stream of news article covering fatal traffic accidents caused by motorists impaired by alcohol, prescription narcotics and illicit drugs. Most every Maryland injury attorney has represented his or her fair share of victims and their families following a tragic car or truck wreck.

A bill making its way through the Maryland legislature may help to reduce the number of injuries, such as broken bones, head trauma and spinal cord damage, caused by repeat drunk driving offenders. According to reports, two bills are part of the state’s Drunk Driving Elimination Act, which was created in an attempt to reduce the incidence of DUI across Maryland.

One of the bills would require every convicted drunk driving offender to have an ignition interlock installed in his or her vehicle, and to remain in use for a state-mandated period of time — possibly three months. This potential law, which would affect even first-time DUI offenders, is similar to laws on the books in other states that require the use of ignition interlock devices for people responsible for automobile and trucking-related collisions.

Baltimore Traffic Accident Update: Fatal SUV and Car Crashes may Trigger Wrongful Death Law Suits

March 13, 2010 | Lebowitz & Mzhen

It is quite tragic when any person dies from a preventable accident. The sorrow and grief attached to an event such as a traffic collision or highway rollover accident can shock a family to its core. As a Maryland auto accident and personal injury lawyer, I have first-hand experience helping individuals and relatives recover from such a heartrending loss.

Whether you live in Frederick, Rockville Bowie or Hagerstown, the loss of a loved one from a car or truck wreck can leave deep wounds, both emotionally and financially. The pain can be even worse if that accident was found to be the result of another person’s negligence or thoughtless behavior. In cases such as this, it may be appropriate to file a wrongful death claim against the party that caused the accident in the first place.

Claims of this type give the family of the victim a chance to receive compensation for the loss of their loved one. While financial reparations can never substitute for the loss of love, companionship and intimacy after the death of a family member, the award for such a wrongful death claim can easy the suffering and help the family survive that huge loss.

It is must be repeated that the loss referred to here includes not only the deceased himself but also to the loss of the comfort, love and financial support that the individual would have provided to his family if the tragic event had not occurred in the first place.

Sadly, many automobile accidents do result in the death of one or more occupants. This can be dependent on the speed and road conditions at the time of the crash as well as the number of other vehicles involved. Variability of these factors can mean the difference between a simple fender-bender and a life-ending event, which can be caused by fatal head injuries or other effects. When another party is at fault, there is a chance that wrongful death is involved.

Please remember that the death of a loved one doesn’t does not take away the family’s rights to be compensated for their loss. Nor does it preclude recovery for the suffering and pain of the person who has died because of the wrongful or negligent act.

Maryland Auto Accident News: Insurance Institute Says Cell Phone Bans Don’t Reduce Traffic Wrecks

March 9, 2010 | Lebowitz & Mzhen

With all of the attention being focused on cell phones and other in-vehicle distractions one would think that bans on handheld cellphones and curbs on texting would at least contribute to a reduction in automobile and trucking accidents. As a Maryland injury lawyer in the Baltimore area, I too was surprised to hear the latest news from the Insurance Institute for Highway Safety (IIHS).

According to news articles, an IIHS Study has determined that cell phone bans have not reduced accidents even though hands-free usage is apparently up. Reportedly, the study looked at the data and came up with this unexpected revelation. Considering just the frequency of traffic accidents prior to and after enactment of laws that ban the use of handheld cellphones, researchers found that there was no discernable reduction in the number of automobile crashes.

The information for this report came from the Highway Loss Data Institute, a research organization funded by the insurance industry. The group reviewed the monthly collision rates for insurance claims for vehicles three years old or newer in the months prior to and after bans on handheld phone use went into effect.

The areas analyzed included New York (November 2001), Washington, D.C. (July 2004), Connecticut (October 2005), and California (July 2008). That data set was then compared with nearby areas that had no ban in place — for instance, when researchers looked at D.C. they then compared those figures with statewide trends in Virginia and Maryland, and with the city of Baltimore.

Even with adjustments made for economic swings, seasonal changes in driving routines, and other variables, the researchers concluded that laws banning handheld cellphone use simply aren’t reducing crashes. Although some might say that handheld use continues, which may be why the trend hasn’t shifted downward, the IIHS still holds to its conclusion.

According to reports, the IIHS has pretty much confirmed that handheld phone use is down in areas with bans in force, which would seem to preclude the argument that the bans simply aren’t working.

So even though large-scale studies by organizations such as the Virginia Tech Transportation Institute has found that drivers using handsets were at several times greater risk of a crash or near-crash when dialing and up to 23.2 times the risk when texting (for truck drivers), the IIHS results are at best confusing.

Maryland Auto Accident Update: Car Crash Injuries and Fatal Trauma can be Minimized through Seatbelt Use

March 7, 2010 | Lebowitz & Mzhen

No matter where you live or work in Maryland, be it Owings Mills, The District, Annapolis or Columbia, car wrecks, pickup truck crashes and SUV rollovers can happen without notice. In fact, traffic accidents across the state injure hundreds of people every year. Some of those injuries and even a few deaths could likely have been prevented had the occupants been wearing their seatbelts.

As an experienced auto accident lawyer in the Baltimore area, my years of helping others recover from injury accidents have taught me that certain habits can save lives; others, however, can sadly contribute to the loss of life on our public streets and highways. One habit I’m always happy to see is when a person buckles that safety belt. It’s a small part of every driver’s daily ritual, but it’s a significant one.

Seatbelt use is usually pointed at as one of the top reasons why people survive automobile wrecks. There are many out there, I suspect, who feel that airbags and other safety devices do a better job, but that’s not necessarily true — all of these systems work together to imporve passenger safety. As basic as they may seem, safety belts play a key role in protecting occupants in the case of severe traffic accidents, including head-on collisions, roll-over accidents and other potentially fatal crashes.

Baltimore Auto Injury Law Update: 2008 Route 10 Car Crash Could Change Maryland Accident Law

March 5, 2010 | Lebowitz & Mzhen

Maryland automobile accident victims can have a hard time of it, not only in terms of recuperation from physical injuries but also when it comes to recovering damages. As a Baltimore injury attorney and car accident lawyer, I have represented dozens of victims and their families following devastating traffic wrecks. There is no amount of money that will bring back a loved one, nor replace a lost arm or leg, but that doesn’t mean that compensation should be lacking from the responsible parties.

Negligent passenger car drivers, not to mention commercial tractor-trailer operators, who cause serious accidents must be held accountable. Criminal courts can only do so much, which is why I always suggest that people consult a qualified injury lawyer in the event of a car, van or SUV accident.

Back in April of 2008, a three-car accident on Maryland’s Route 10 took the life of Kelly Stinchcomb’s son. Now, two years later, there may be movement some toward stiffer penalties for drivers who cause crashes such as the one that no doubt haunts her to this very day.

Baltimore Injury Accident Update: Pedestrian Safety Called into Question in Maryland’s Prince George’s County

March 1, 2010 | Lebowitz & Mzhen

It’s not surprising that automobile accidents involving pedestrians can often be fatal, and at best sometimes inflicting serious bodily injury to the person on foot. Whether you are a walker, jogger or runner, you know the risks you take every time you cross a busy street. City’s like Baltimore, Annapolis and the District can be dangerous for individuals hoofing it for health or just to save a few dollars in parking fees or bus fare.

As a Maryland auto accident attorney, the emphasis on safety can never be too high. I and my colleagues have seen the result of too many terrible car-pedestrian crashes to feel any other way. It’s difficult to imagine no longer being able to walk with your spouse or push your grandchild in her stroller, but these realities are just a part of life for some victims of traffic accidents.

A recent editorial pointed out the seriousness of having clear and easy-to-use pedestrian walkways in a city. The complaint in this case involves Prince George’s County’s apparent failure to clear the county’s pedestrian pathways following the recent bout of heavy snow and bad winter weather that has pummeled the East Coast. The result of this poor response according to the author? People, pedestrians, are being killed by trucks and automobiles.

Maryland Auto Injury News: High-speed Street Racing Blamed for I-70 Fatalities in Baltimore County

February 25, 2010 | Lebowitz & Mzhen

It goes without saying that street racing has no place on public roads. Aggressive driving can and usually does result in injuries. For those who would argue the point, I suggest you buy a helmet, join a bona fide racing organization like the Sports Car Club of America (SCCA), and take your car on a closed course where proper car and spectator safety measures are in effect.

As an automobile accident attorney and personal injury lawyer, I read all too frequently of innocent motorists and pedestrians killed or injured by one or another case of aggressive driving. It makes little difference if it’s a so-called “planned” event like an illegal street racing meet, or if it’s a spur of the moment, road-rage incident, people can and do get hurt. A high-speed crash can cause broken bones, head and neck injuries, or even death. Spectators can also be killed by a driver’s mistake, which then invites possible vehicular homicide charges.

According to news reports, concrete barriers have been added to Interstate 70 in an effort to try and cut down on the amount of street racing incidents. This latest change followed a fatal car accident last year that claimed the lives of two spectators during one of many illegal speed events.

Baltimore Pedestrian-Car Accident News: Man Dies after Pickup Truck Hits Crowd at Lexington Market

February 21, 2010 | Lebowitz & Mzhen

Three people were hurt and one man was killed in a tragic automobile accident in mid-January at a parking lot near the Lexington Market. Accidents of this kind can sometimes be attributed to faulty vehicle steering or brake systems. Occasionally, driver error or drunk driving can result in multiple personal injuries from being hit by a truck, SUV or passenger car.

As a Baltimore automobile accident and injury lawyer, I have seen first-hand the often severe injuries that a pedestrian can sustain as a result of being struck by a motor vehicle. When a crash of this kind occurs, with a crowd of people, many individuals can be hurt or even killed. According to a news article, a 72-year-old pedestrian died of his injuries after he and others were hit by a Ford F-150 pickup truck.

Police reports show that the woman driving the truck apparently suffered a seizure as she was driving through one of the market’s parking lots, just off North Eutaw Street. The driver subsequently lost control of the vehicle causing it to drive into a group of people. In the course of the crash, Donald L. Wheeler from Virginia sustained fatal injuries and was pronounced dead at the scene.

Maryland Injury Accident News: Man and Young Girl Killed in Separate Train-related Pedestrian Accidents

February 18, 2010 | Lebowitz & Mzhen

Here in Baltimore, we have a range of public transportation choices that make for convenient and relatively comfortable travel throughout the city and environs. Many of the transit lines are handled by light rail and commuter rail services. While these subway and rail lines are very helpful in getting around the city, dangers do lurk on every level crossing and pedestrian crossover. As a Maryland personal injury and auto accident attorney, I understand how a simple walk across railroad tracks can end tragically.

While the railroads provide a fair degree of safety and warning equipment, sometimes that is not enough. Especially for those persons who are distracted from the very real danger of a train collision and its potential for fatal results.

Two relatively recent deaths on railroad tracks in the city point up the importance of remaining aware of one’s surroundings, as well as not taking unnecessary risks whenever near a railroad right-of-way.