Attorney Blog

Distracted Driving - Know the Law

Tue, 05 Apr 2011 08:00:00 EST

Distracted driving: The next time you are driving and you reach to pick up your phone to read a text you just received, or you take a phone call while you are driving, consider these facts?

* Distracted driving comes in various forms, such as cell phone use, texting while driving, eating, drinking, talking with passengers, as well as using in-vehicle technologies and portable electronic devices.

* 20 percent of injury crashes in 2009 involved reports of distracted driving. (NHTSA).

* Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety).

* Using a cell phone use while driving, whether it's hand-held or hands-free, delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah) In fact, talking on the phone, listening to music, or having a conversation with a passenger decreases the brain power used while driving by 40%. (Center for Cognitive Brain Imaging at Carnegie Mellon University Study)

*Distracted driving is the number one killer of American teens. Alcohol-related accidents among teens have dropped. But teenage traffic fatalities have remained unchanged, because distracted driving is on the rise. (Children's Hospital of Philadelphia and State Farm Insurance Study and NHTSA Study)

*While over 90% of teen drivers say they don't drink and drive, nine out of 10 say they've seen passengers distracting the driver, or drivers using cell phones. (National Teen Driver Survey)

* The age group with the greatest proportion of distracted drivers was the under-20 age group - 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving. (NHTSA)

* An estimated one million people each day chat on their mobile or send text messages while driving. (The Herald).

Know the law: In Maryland, it is illegal to use a hand held cell phone device and it is illegal to read or write a text while driving except to dial "911" in an emergency.   In addition, driver's that have learner's permit are banned from all cell phone use.

In the District of Columbia, It is illegal to use a hand held cell phone and it is illegal to text or read a text. School bus drivers and drivers with learner's permits are banned from cell phone use.

In Virginia, it is illegal to use a hand held cell phone and it is illegal to text or read a text but you can use your GPS and you can read the caller ID on a call received.

Fatal Pedestrian Accident in Silver Spring, MD

Wed, 06 Oct 2010 08:00:00 EST

A very sad story. Please use extreme caution when crossing the street. You cannot count on anyone else to follow the law.

Children are at risk as pedestrians in the Metro area

Wed, 06 Oct 2010 08:00:00 EST

While this story highlights the dangers pedestrians face when crossing the road, it really brings home the dangers children face. The driver was rushing or distracted, and changed lanes at the intersection to "go around" stopped traffic. That sudden move got a young girl seriously injured.

If you know someone hurt as a pedestrian, call our office at 202-296-0666.

IMPORTANT CAR SEAT SAFETY INFORMATION

Thu, 16 Sep 2010 08:00:00 EST

The Facts:

*Motor vehicle crashes are the leading cause of death in children ages 5 to 14.

*Children riding in the back seat of a vehicle reduce their risk of a fatal injury by 30% in cars that do not have passenger front seat airbags.

*Children riding in the back seat of a vehicle reduce their risk of fatal injury by 46% reduction in cars that have a front seat airbag.

*The use of a booster seat for children ages 4-7 reduces the risk of injury from a car accident by 59% compared to children using a seat belt without a booster seat.

What you need to do:

1) Always have your child ride in the back seat of the car and the child must be properly restrained (belted).

2) Always have your child use both the shoulder and lap straps of the seat belt. Do not let your child remove the shoulder strap because it is uncomfortable. Make sure the belt fits property or it will not work.

3) Infants should ride in a rear-facing car seat, according to the American Association of Pediatrics, until the age of 2 years old.

4) Never put an infant in a rear-facing child seat in the front of the car. The force of the airbag will cause serious injury or death.

5) Car seats should not be used as a place for infants to sleep or sit while not in transit.

6) Make sure the child seat fits both the child and the car. It is estimated that 80-90% of car seats are installed and used improperly.

7) In Maryland, District of Columbia, and Virginia, By Law, from birth until age 4, children must be in a car seat. By Law, from ages 4-8 children must be in a booster seat.

To ensure that your child’s car seat/booster seat is properly installed you may call the following government numbers and set up a time to have your car seat inspected:

1) Maryland: 800-370-SEAT (800-370-7982) or 410-767-6016.

2) Virginia: 1-800-732-8333

3) District of Columbia: 202-645-4300 or you may visit The Vehicle Inspection Station at 1001 Half Street, SW, Washington, DC 20024 on Tuesday/Wednesday from 7 am to 3 pm.

Another Sneaky Way Insurance Companies Deny Claims - Permissive Use

Fri, 30 Jul 2010 08:00:00 EST

Permissive Use of an Automobile

Are you serious? What do you mean that the driver did not have permission from the owner to drive the car?

Permissive use is one of the most common ways that insurance companies deny a claim.

Determining whether a driver had permission to use the insured auto is a two-step test: (1) Did the driver have permission to use the auto? And (2) Was the use within the scope of permission.

The permission to use the auto and the scope of the permission may be express or implied. The permission to use the auto may be limited as well. In Maryland, there is a presumption that the use was permissive (see Nationwide v. GEICO, 81 Md. App. 104, 119 (1989)). The presumption can only be rebutted where the evidence is conclusive.

Express permission may be written or oral while implied permission is shown by circumstances of a course of conduct or a lack of objection. The facts of the circumstances fill the void created by the absence of an express statement. Circumstantial evidence includes conduct, friendship or relationship of the parties, employment, lack of objection or mutual acquiescence.

Permission to do what? The scope of the permission may be limited temporarily, geographical, and to certain purposes. Maryland adopts the "total facts" approach, see National Grange Mutual Insurance Company v. Pinkney, 284 Md. 694, 698 (1979) which evaluates whether the vehicle was driven within the scope of the permission on a case by case basis.

How do you evaluate whether the person had permission? In Maryland, the analysis is whether the driver believed that he was entitled to drive the vehicle.

Are there any options when you are advised that the driver did not have permission to drive the vehicle that was involved in the collision? You may be entitled to Uninsured Motorist Bodily Injury and Uninsured Motorist Collision Coverages from your own vehicle’s insurance policy.

At the Law Offices of Lewis & Tompkins, P.C., we have pierced the flimsy shield used by Insurance Companies of denying a claim due to "lack of permissive use". We have fought and won against the denial due to lack of permissive use claims with drivers of rental vehicles, employees of companies, and acquaintances, friends, and relatives of the owners of the vehicle involved in the collision.

Many times our clients come to us stranded between two insurance companies, the at-fault vehicle’s insured that states that the driver did not have permission and their own company that states that they will not pay benefits because they do not believe that the at-fault driver did not have permission to drive the vehicle. Do not be stranded or lost. Contact us immediately.

Reasons This D.C. Accident Attorney Has So Much Work to Do

Tue, 06 Apr 2010 08:00:00 EST

#1 Insurance company and body shop agree to repair price. Additional work needs to be done after repair begins (called a supplemental). Body shop contacts insurance company adjuster. Adjuster agrees that additional work needs to be done. Body shop completes work and contacts insurance adjuster for check for all the work performed. Adjuster, after agreeing to repairs, now decides NOT to pay for supplemental. Current status:

1. Car still in shop, repaired, but will not be released until payment is made.
2. Insurance company not paying for car.
3. Insurance company now cuts off rental.
4. Client has no car, no rental, and a bill for damages insurance company already agreed were necessary.

5. Client, who had no intention of calling a lawyer, now calls Lewis & Tompkins, P.C., D.C.'s car accident legal specialists, to fix this situation. Who needs to advertise when you have insurance adjusters making work for you?

Maryland Man Wins Skin Cancer Misdiagnosis Case, But Med Mal Caps Appl

Wed, 27 Jan 2010 08:00:00 EST

A medical malpractice court case that challenged the new caps on Maryland medical malpractice awards ended with the Maryland Court of Appeals preserving the state’s earlier decision to limit the amount of damages a medical malpractice victim can collect.

The medical malpractice case being considered by the court was of Lockshin v. Semsker, in which a Rockville, Maryland, man was misdiagnosed by a dermatologist. Richard Semsker died of skin cancer after Dr. Norman Lockshin did not remove a cancerous mole from his back over the course of four visits for skin issues. The mole was not removed until two years later, by which time the cancer had spread. The 47-year-old man died in 2007 leaving behind a wife and young family. A medical expert at the trial emphasized that early detection and removal of the cancerous moles like Semsker’s malignant melanoma often saves a patient’s life.

Semsker’s family was awarded $5.8 million in the wrongful death trial – the jury found that Lockshin did not remove the mole even after Semsker’s primary care doctor recommended the procedure. However, the Maryland cap of $812,500 for pain and suffering shrunk the Semker family’s compensation dramatically.

Maryland instated medical malpractice caps in 2004 – insurance premiums for doctors were becoming too high and physicians were leaving the state and creating a doctor shortage. While some believe that doctors should not have to pay such exorbitant prices for insurance in case of mistake, others believe that medical malpractice victims should receive their full awards as granted by Maryland jurors.

Unnecessary Heart Surgery: 100s Of MD Patients Have Unneeded Stents

Wed, 27 Jan 2010 08:00:00 EST

As federal authorities continue their fraud investigation of the health care system, 369 patients have received word that they were given unneeded heart operations and stent implants at the St. Joseph Medical Center in Towson, Maryland. In many of these cases, patients were told that they had life-threatening artery blockages that would require expensive surgery and a lifetime of blood thinning medication. However, patients who were told that they had 90 percent blockages are now finding that their hearts were perfectly healthy before they had dangerous heart surgery.

The affected patients have received letters along with related medical records and a strong suggestion to see their cardiologists regarding a medical error. Now, armed with the knowledge that they underwent unnecessary surgery, many are contemplating medical malpractice lawsuits. Patients complain that they went through the emotional trauma of a serious surgery and now have altered lives and lifestyles because of their permanent stents. Others mention the cost of the operation as well as the stress that a heart disease diagnosis brings to everyday life. In addition, heart stent operation can have very serious complications, especially in the first two years after insertion.

St. Joseph medical center is one of the busiest heart operation centers in the region and often do 18 heart surgeries per day. It is not clear how many doctors were involved with these serious medical mistakes, and only one doctor, Dr. Mark G. Midei, has been named in the scandal. Midei stopped practice suddenly this summer for unknown reasons.

Pilot Blows Whistle On Dangers Of Regional Airlines

Tue, 26 Jan 2010 08:00:00 EST

How safe is it to fly on regional airlines and commuter flights? Now a lawsuit involving a pilot for a regional airline and the Federal Aviation Administration (FAA) is shedding light on serious problems that affect commuter flights and that could well lead to airplane accidents, airplane injuries, and airplane fatalities.

In far too many cases, it seems that small regional airlines are ignoring mechanical problems, safety issues, and even complaints by crew members and pilots. For example, one commuter airplane had reported landing gear problems seven times without a result – within a month, the plane crash-landed without its landing gear. In many cases, crew members who complain or blow the whistle are fired by the airline company.

In addition small airlines may be training a number of new pilots poorly – another mistake that has lead to small plane accidents in recent years.

Some of the problems stem from the rising cost of flying – and the fliers’ wish to travel as cheaply as possible. In many cases, the regional airline with the lowest operating costs will attract more customers. But it may also be the most likely to crash. Other problems stem from poor pilot pay on regional airlines – many receive paychecks that put their family below the national poverty line and many work long hours that span beyond federal regulations.

Many question whether the FAA’s response to the dangers and poor performance of the regional airlines has been harsh enough. Currently, the FAA has simply asked regional airlines to write a letter outline their plane accident prevention programs.

Snow Responsible For Fatal Accident On I-68 Involving Maryland Man

Tue, 26 Jan 2010 08:00:00 EST

The rate of car accidents and car accident fatalities rises in the winter when roads can be icy and visibility can be affected by snow and fog. This week on Interstate 68, a Maryland man was killed after lost control of his car on newly fallen snow.

State Police reported that the unnamed 30-something male was driving westbound around a curve in I-68 when he slid across the highway, across the median, and into oncoming eastbound traffic. The car flipped over and was struck by an oncoming minivan.

The Maryland man was pronounced dead at the scene of the car accident, while the two occupants in the minivan were transported to a nearby hospital by emergency workers. They were treated for minor injuries and released. While police say that snowfall was the major factor in the car accident case, the causes of the rollover accident are still being investigated.

$1.5 Million Settlement Reached After Teen Light Rail Deaths

Mon, 25 Jan 2010 08:00:00 EST

The Maryland Board of Public Works and the two grieving families of teens struck and killed while walking on Light Rail tracks have reached a $1.5 million settlement in regards to the wrongful death train accident. Although an investigation by Baltimore Police found that the two teens, Jarrett Peterson and Kyle Wankmiller, had died in an accident, two Light Rail operators were filed in the wake of the fatal train collision.

In the settlement, the lawyer representing the two boys argued that the train conductor must not have had his eyes on the tracks and was distracted before hitting the boys. In addition the Maryland Transit Authority did not have a written policy warning conductors to be more careful in the days and weeks after trains switched tracks.

The two 17-year-old boys from Lutherville, Maryland, were found in critical condition lying on the Light Rail tracks in early July. Both teens died of their injuries days later. An investigation revealed that the boys probably did not realize that the tracks were in service after a lengthy closure and that the northbound tracks were being used for southbound trains. It also looked into how a train could have hit the two boys in daylight without seeing them or feeling the impact. Several passengers on the train in question felt the impact of the train accident, but the train did not stop.

At first train authorities suggested that the two boys had been lying on the tracks, but a video later revealed that they were walking with their backs to the train.

Both the train operator who hit the boys and a train operator who passed up the boys’ bodies were fired from their positions. A fare operator finally spotted the boys.

After A Tragic Year Of DC Accidents, Metro Chief Resigns

Mon, 18 Jan 2010 08:00:00 EST

This week, the Metro General Manager John B. Catoe Jr. decided to resign from his job after a year of tragic accidents involving the Washington, DC Metro system. However, many wonder whether this decision to step down from the job is a real symbol of coming change or an empty gesture that will do little to stop the problems, injuries, and fatalities that have plagued the DC transit system over the past year. Catoe said that the decision to leave was his own.

Some believe that Catoe inherited many of the problems faced by the District of Columbia Metro system – and that these are problems that will not be easy to fix by anyone who succeeds him. Catoe was faced with an old and crumbling infrastructure, a lack of funding, and a bureaucratic system that makes any change difficult.

According to the Washington Post, 2009 was the deadliest year ever for the DC Metro. A crash this summer killed nine and injured dozens while four other deadly accidents made it clear that the entire transit system suffered from a lack of safety measures and regulations. Specifically, many question how reliable the crash-avoidance system was and what types of safety inspections are taking place at all. All in all, eleven people died on the tracks this year while the number of track suicides rose.

Safety audits have revealed over 100 dangers that need immediate attention.

Catoe’s resignation follows the resignation of four other top Metro officials in the last month. Many are torn about whether or not this large changing of leadership would be good or bad for the organization.

Cameras Catch 8,800 Speeding Maryland Residents In 6 Weeks

Mon, 18 Jan 2010 08:00:00 EST

Speeding is a major cause of car accidents in Maryland – and also the leading cause of road construction workers. In an attempt to curb the number of road construction accidents and car accident injuries, Maryland instituted a camera-based speed enforcement initiative in November. Six weeks later, Maryland Police announced that they had issued 8,800 speeding tickets for $40.

The cameras were installed onto Jeeps that patrolled areas with road work, including the Intersection of I-95 and I-895, Interstate 95 in Prince George’s County, and the Charles Street Exit of the Beltway near Baltimore. Drivers were warned of the speed enforcement zones with signs alerting them to the cameras in the area.

The Maryland Highway Association hopes that the camera speeding enforcement will help MD drivers chance their speeding habits and help keep work zones safer. The cameras cited any driver going over 12 miles above the posted speed limit.

Good Samaritans Rescue Woman From Burning Jeep On Outer Loop

Wed, 23 Dec 2009 08:00:00 EST

While Jeep Wranglers are often criticized for their poor rollover safety, the canvas roof of a Jeep Wrangler certainly saved the life of a woman in Maryland who was trapped in her burning car. Maryland State Police say that the woman was driving on the Outer Loop of the Beltway in College Park near Route 1 and I-95 when a tractor trailer truck rear-ended her car. The 27-year-old was seriously injured and her foot was stuck under her brake pedal as the truck pushed her almost the length of a football field down the Interstate and caused her jeep’s fuel tank to rupture.

A number of Good Samaritans stopped their cars, jumped to the scene of the MD car accident and worked to free the woman, who was in shock. As a car fire started and the flames spread, the rescuers ripped the cloth cover from the jeep and pulled the woman to safety. Another rescuer attempted to control the fire with a fire extinguisher. By the time fire trucks arrived, the vehicle was burned shell. Prince George's County Fire and EMS workers transported the woman to a nearby hospital with serious injuries that were not life-threatening. One other person suffered injuries in the Beltway crash, while the driver of the big rig was no injured in the crash.

Police, who are investigating the Maryland car accident, say that the chain reaction crash occurred when a Porsche suffered mechanical problems on the highway, causing the cars behind it to slow down considerably.

DC Metro Fires Train Operator Involved In Virginia Train Crash

Wed, 23 Dec 2009 08:00:00 EST

According to the Washington Post, Washington DC Metro authorities fired the train operator involved in a train yard crash that took place earlier this month. In the crash, three Metro employees were injured (including the man who was fired) and an estimated $9 million of damage was done to the train cars and tracks.

Metro officials said that the operator was speeding at the time of the Metro accident, which occurred when one moving train slammed into a parked train. The train was going an estimated 18 miles per hour instead of the limit of 15 MPH. When trains approach parked trains, they are supposed to slow to 2 to 3 miles per hour. While Metro officials could not officially comment or give details regarding a train accident that is still under federal investigation by the National Transportation Safety Board, they did say that the driver did not follow standard operating procedures and that the rule-breaking led to the train accident.

The train conductor has been tested for drugs and alcohol, though the results have not been released. The employee had been at his post for almost 11 hours at the time of the accident. He had a two-year history with the organization and had been a train operator for a year at the time of the accident.

The public transportation accident in Virginia recalled this summer’s very serious Metro accident in the summer of 2009 that left dozens seriously injured and nine dead. That DC Metro accident is also under investigation. Three other Metro accidents have also taken place in 2009, leading some to question the safety measures being taken. The government is even considering federal oversight when it comes to public transit safety in big cities, much like it oversees interstates.

Salmonella Scare Prompts Another Beef Recall

Tue, 22 Dec 2009 08:00:00 EST

After two people have reported food poisoning after eating beef products, a California company is recalling almost 23,000 pounds of beef products to prevent a salmonella outbreak. According to the beef company’s spokesperson Mark Klein, the salmonella beef recall is voluntary and the company is simply taking precautions.

The U.S. Department of Agriculture's Food Safety and Inspection Service says that Beef Packers Inc., produced the possibly tainted beef products on September 23 and that the food packaging contains the case code EST. 31913. Retailers and grocery stores have been asked to pull the food from their shelves while consumers are asked to inquire with their retailers about the recalled beef. The USDA has released a list of over 100 Safeway grocery stores that sold the tainted meat. The meat was packaged as ground beef.

Some government officials, such as Rep. Rosa DeLauro, is calling for major action against Beef Packers due to the recent salmonella recall and the company’s poor history with the National School Lunch Program, which has resulted in three suspensions due to health and safety concerns. Some say that investigators should try to examine and fix the problems at the meat factory, while others want to see the plant closed.

Earlier this year, the same company recalled 860,000 pounds of beef for the same reason – the threat of the food borne illness from salmonella. Consumers with questions about the meat recalls should contact Beef Packers directly (877) 435-4071.

DC Subway Crash Injures Three Workers, NTSB To Investigate

Mon, 21 Dec 2009 08:00:00 EST

Just six months after the deadly and shocking red line DC metro crash that killed nine people and injured dozens, another Metro crash in a northern Virginia rail yard left three workers injured and caused an estimated $9 million in damages.

The National Transportation Safety Board (NTSB), which is already deep in an investigation of this summer’s serious transportation, said on Monday that it would also launch a formal investigation of this crash, which in some ways resembles the Washington DC crash of earlier this year. The union that represents most Metro workers will also be conducting an independent investigation.

The accident occurred at the West Falls Church train yard in which one six-car train rammed into a stationary six-car train. All 12 rail cars involved were damaged in the train accident as were the tracks where the incident took place. The train operator of the moving train as well as two rail car cleaners were injured in the accident.

Metro officials did point out that the cars did not telescope – crush inward – during the train accident, a concern that many have held since the earlier crash this summer. Metro officials did not share how fast the train was going at the time of the impact. It was revealed, though, that the conductor involved in the accident had worked over ten hours that day.

This was the fourth serious Metro accident in 2009.

Two Infant Deaths Spark National Baby Hammock Recall

Mon, 21 Dec 2009 08:00:00 EST

Following soon after two very serious and large baby recalls for drop-side cribs and umbrella strollers, another infant product is being recalled after two different baby deaths were reported. Minneapolis-based Amby baby company has announced the recall of 24,000 Amby baby hammocks – motion beds that were sold between January of 2003 and October of 2009 for $250. The hammock was sold through online retailers and on the Amby website. The recall has been announced jointly by Amby and by the US Consumer Product Safety Commission (CPSC).

This summer, the Amby baby hammocks have been found responsible for the deaths of 4-month old girl in Lawrenceville, Georgia, in June and a 5-month-old boy in Gresham, Oregon, In August. There were also three other non-deadly baby hammock incidents reported. The CPSC says that the design of the baby hammocks can cause the infant to roll off of the mattress – and either onto the floor or in between the mattress and the edge of the bed, causing suffocation. The Canadian recall suggests that crib owners disassemble and dispose of the hammocks so that they are no longer useable.

The non-profit Kids In Danger suggests that parents stay away from any Hammock-like baby products which may poise similar risks.

Anyone who owns an Amby baby Hammock should stop using the baby product immediately and find safe sleeping arrangements for their baby. Owners should also contact Amby Baby USA for a free repair kit at 866-544-9721, though the company says that repair kits will not be available before January 2010.

Rate Of Fatal DUI Car Accidents Down In Maryland

Thu, 17 Dec 2009 08:00:00 EST

A new study shows that the rate of fatal drunk driving accidents and drunk driving deaths is down significantly in the state of Maryland. The state saw 178 drunk driving deaths in 2007 and just 152 in 2008, a decrease of 12.5 percent.

Maryland State Police say that the decrease in DUI car accidents is the result of drunk driving awareness programs, tougher police patrols, and alcohol abuse treatment centers. They also said that 24,000 arrests are made each year in MD for drunk driving and driving under the influence.

Some worry, however, that the numbers in 2009 will not continue the pattern of decline as initial reports show higher number of DUI deaths this year.

This coming week, Mothers Against Drunk Driving (MADD) will hold their annual memorial to those who lost their lives to drunk drivers in Maryland in the last year.

DC Stops Car Safety Inspections In Order To Save Money

Tue, 15 Dec 2009 08:00:00 EST

According to USA Today, Washington DC has stopped requiring periodic vehicle safety inspections in order to save when it comes to the District’s strapped budget. The DC Council said that stopping the safety exams and emissions tests would save $400,000 and that there was no hard evidence to support the supposition that safety inspection saved lives.

Safety advocates admit that it is hard to connect the safety inspections with car accident data and to prove that car inspections prevent accident injuries in DC, but point to one study that estimates that between one and ten and one and three car accidents involve a poorly maintained car. They also say that people do postpone serious repairs unless forced to fix their car by the government. However, the subject has never been seriously or conclusively studied.

Others worry that this decision will cause states outside of DC consider cutting similar programs.

DC Pedestrian Dies After Car Accident At "Very Problematic" Intersection

Mon, 30 Nov 2009 08:00:00 EST

Continuing the recent rash of fatal and serious pedestrian accidents in Washington, DC, a man was killed when crossing the street in the shadow of Washington National Cathedral, at the intersection of 34th Street and Cleveland Avenue Northwest.

Washington DC Police reported that the man was crossing the street when he suddenly stopped and was hit by an oncoming vehicle. Police think that the historically dangerous DC intersection was to blame for the pedestrian death, not any error on the driver’s part. The car was driving northwest on Cleveland Avenue at the time of the fatal car accident and the accident occurred at 7:15 pm on Monday.

Police have not been able to identify the pedestrian even after local interviews. The man appears to have been in his mid-70s and wore blue pants and brown New Balance sneakers. He was rushed to Washington Hospital center where emergency workers pronounced him dead.

Earlier in the week, a 76-year-old man was killed in Northwest Washington, DC, in a similar pedestrian accident. In Maryland on November 11, a secret service car involved with the protection of Vice President Joe Biden was involved in a fatal pedestrian accident. According to multiple reports, the vehicle struck a pedestrian in Temple Hills, MD, just after 3 in the morning. Biden was not in the vehicle at the time of the fatal Maryland pedestrian accident. Both accidents are still under investigation.

Federal Government Wants Transit Oversight After DC Metro Crash

Sun, 29 Nov 2009 08:00:00 EST

After Washington DC’s tragic Metro rail crash in June – an accident that killed nine passengers and injured 80 people – the federal government is taking steps to oversee transit systems in a number of the country’s big cities including Washington. While the US government already oversees safety on planes, passenger trains, and highways, a 1965 law prevents them from overseeing subway systems and city transportation.

Currently, the country’s subway transit systems are overseen by state agencies, which are often very small committees that do very little to protect passengers from Metro accidents and injuries. In fact, in the last five years the number of people injured in light rail and subway accidents has tripled, while the average number of full-time employees in a state-run agency is one.

In the case of the District of Columbia, the Metro is run by the Washington Metropolitan Area Transit Authority and overseen by the elusive Tri-State Oversight Committee. Investigators into the deadly Metro accident have found that the transit authority did not let the Oversight committee inspect the tracks during operation.

Under the new system of regulation as proposed by the Obama administration and Transportation Secretary Ray LaHood, state agencies could still oversee their city’s transit system only if they proved that they were regulating and enforcing safety at an acceptable level. The Federal Transit Agency would grant funding to enforce rules and inspections and step in when necessary.

MTA Bus Crash Injures Eight In Rosedale, Maryland

Sun, 29 Nov 2009 08:00:00 EST

A Maryland Transit Administration bus and a car crashed on November 23 before 10 at night in Baltimore, Maryland. Rain and wet roads may have been a factor in the bus and car crash, which took place near the Franklin Square Hospital in Rosedale.

Four of the injured were taken just a few hundred yards to Franklin Square Hospital while the other four were rushed to Johns Hopkins Bayview Medical Center with varyingly serious injuries. It is unclear how many of the injured where from the bus and how many were from the car.

Baltimore County officials told reporters that the MD accident took place at the intersection of Franklin Square Drive and Abigail Drive and that one of the vehicles slid down an embankment. The MTA police and Baltimore police are investigating the car and bus accident, although the heavy rain at the time of the accident probably played a significant role.

One Million Maclaren Strollers Recalled: Amputates Children's Fingers

Wed, 25 Nov 2009 08:00:00 EST

A large stroller recall has been announced after a dozen different children have had fingers amputated by the stroller’s hinges. All in all, over one million Maclaren strollers have been voluntarily recalled by the company with the help of the U.S. Consumer Product Safety Commission.

The strollers, which pose an amputation risk when they are opened or closed, have been sold for the last decade at a number of national chains, including Babies R Us and Target. The strollers ranged in price from $100 to $400 and include the Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno, and Easy Traveller models. These models include single and double versions of the umbrella strollers.

Farzad Rastegar, the chief executive of Maclaren, told reporters that the dangerous hinges were common on umbrella strollers – and that his company has stepped in to handle a problem that other stroller manufacturers have up to this point ignored.

The recall caused panic among US consumers who owned and used the strollers – the Maclaren stroller website crashed as concerned parents sought information about how to fix their defective children’s products.

Those who own the defective strollers have been told to stop using the stollers immediately and to call Maclaren for a free repair kit that includes one-size-fits-all hinge covers that will prevent future child injuries. Those who need the free repair kit are rged to call Maclaren at 877-688-2326 or visit www.maclaren.us/recall to fix their defective product.

Crib Recall to Prevent Child Injury

Wed, 25 Nov 2009 08:00:00 EST

Please take the time to check your child's crib to make sure it is not subject to this recall. I have seen video (to be posted later) that shows how the <plastic> latch can break on the crib. Once broken, the crib rail and be easily pushed open just enough to allow the baby's head to poke through. The baby will then strangle.

Maryland Judge Arrested For DUI After Car Accident

Tue, 24 Nov 2009 08:00:00 EST

A Maryland Judge has been charged with driving under the influence after allegedly causing a two-vehicle accident and then failing a field sobriety test in the aftermath of the car crash. The judge’s blood alcohol content was 0.18 – 0.10 above the legal limit in Maryland.

The Herald-Mail reported that Washington County Circuit Judge W. Kennedy Boone III had been charged by Hagerstown police with a DUI on November 6. Police Captain Mark Holtzman also said that the driver of the other vehicle suffered neck and back injuries in the accident.

Boone, who was cooperative with police, was driving an SUV on North Prospect St. in Hagerstown just before 8 pm when he lost control of his car, crossed the center yellow line, and hit a car driven by Cherina Rivers and occupied by a three-year-old in a car seat who was not injured.

After police responded to the two-vehicle Maryland accident, officers smelled alcohol on the judge’s breath, preformed field sobriety tests, and took the man to the Hagerstown Police Department.

Boone has announced that he will not preside over criminal cases until his charges have been settled. He said that he was on his way to a meeting on the night of the accident after drinking an estimated five glasses of wine. Reports also say that Boone handles dozens of drunk driving cases each year – and that he believes that he has handled all of his cases fairly. Late last year, Boone also faced controversy after making several inappropriate remarks.

NTSB Concludes Pilot Error Caused Deadly MedVav Crash

Mon, 23 Nov 2009 08:00:00 EST

After the Maryland State Police Medivac Helicopter "Trooper 2" crashed in September and killed four people aboard, the National Transportation Safety Board has released an investigative report that largely blames pilot error in the Maryland helicopter accident.

The crash took place on September 28 in bad weather after being re-routed. The pilot reported problems with the radio signal in the minutes before the crash and in the minutes after the crash, emergency responders had difficulty locating the wreckage in dense woods. The helicopter was carrying five people, including two car accident victims. All in all, four were killed, including 59-year-old Stephen J. Bunker, the pilot; Trooper 34-year-old Mickey C. Lippy; 39-year-old Tonya Mallard, a volunteer emergency worker; and 17-yearold Ashley J. Younger, a recent high school graduate from Waldorf who was one of the car crash victims.

Many people believe that the NTSB acted too quickly in blaming the pilot and that there were many other problems that occurred on the night of the Maryland helicopter accident. Many blame the communication issues between the pilot and ground control – as well as the outdated weather reports used before the helicopter took off. Some point to the fact that pilot Stephen Bunker was extremely experience and qualified, while other point to the fact that the NTSB has a history of citing pilot error in cases where they do not want to take partial responsibility for an accident. Some think that the FAA holds at least partial accountability for the fatal copter accident.

Filmmaker Releases Deadly Metro Crash Documentary

Tue, 17 Nov 2009 08:00:00 EST

A new documentary short covering the tragic Washington, DC, Metro accident that occurred this summer is now being released. Using footage shot by area firefighter Vito Maggiolo, the 12-minute movie interviews emergency workers, passengers, and other officials that were involved in the worst Metro accident in United States history.

The documentary, which cost about $3,000 to produce will be used to help train emergency responders like EMS and firefighters. Filmmakers hope that the film will help first responders understand both the professional aspects and the personal aspects of responding to a disaster of this scope. The film captures the teamwork of the responders as well as the heartache that they felt while attending to the scene of the public transportation accident. The end of the film also serves as a memorial to the nine Metro crash victims.

Important Stroller Recall

Tue, 10 Nov 2009 08:00:00 EST

Please check your stroller to ensure it is not one of these models. Keep your kids safe!

Johns Hopkins Student Killed In Hit-And-Run In Baltimore

Wed, 28 Oct 2009 08:00:00 EST

A man with a laundry list of past reckless driving offenses and multiple DWIs in under arrest for a fatal Baltimore hit-and-run accident that claimed the life of a 20-year-old John Hopkins University student on October 16. Maryland State Police say that Miriam Frankl was struck and killed by a truck driven by 39-year-old Thomas Meighan after the driver had spent the day breaking various traffic laws.

Meighan has a long history of traffic citations and driving violations, including 21 different convictions for reckless driving and 6 different instances of driving under the influence. In fact, the dangerous driver was out on bail at the time of the Maryland pedestrian accident in regards to another DWI and hit-and-run charge which took place this summer. Now Baltimore District Judge Nancy Shugar is holding the man without bail, saying that the man poses an extreme risk to society when he is behind the wheel.

Initially, Meighan was charged with 16 different traffic infractions, but recently Maryland authorities have dropped those charges in favor of a more serious manslaughter charge in the pedestrian accident that could end in a ten-year prison sentence.

Multiple witnesses saw Meighan's truck driving erratically on the day of the accident - speeding, running lights, leaving its lane, making unsafe lane changes, and driving the wrong way down one-way streets. Even some traffic cameras caught the vehicle breaking the rules of the road. Meighan has made some claims that he lent his truck to a friend for the day.

Metrobus Strikes And Kills Another Woman In Northeast Washington, DC

Fri, 16 Oct 2009 08:00:00 EST

Washington DC's Metrobus has seen a string of tragedies recently - making city residents wonder if the public transit organization shouldn't be taking more or better precautions to prevent bus accidents and bus accident injuries.

On Monday, October 5, a woman was hit by a Metrobus in Northeast Washington DC - she died of her fatal bus accident injuries the next day at Washington Hospital Center. Washington Police say that 61-year-old Stephanie Richardson was struck by the mass transit bus as she crossed Mount Olivet Road NE in the Trinidad area during evening rush hour in the city.

Richardson commuted on the bus to and from work at a Washington hotel, and was crossing in front of one Mertobus when another Metrobus in the next lane over struck her.

The Metro transit system has seen a number of accidents this fall and summer, including the commuter train accident that injured 80 people and two employee deaths. A month ago, another pedestrian was hit by a bus while jogging and severely injured.

Metrobus did not name the driver who hit the woman, but said that he had been working for the company for under two years. They also did not report whether or not he has been involved in any traffic accidents in the past. He is on paid administrative leave while the deadly DC bus accident is investigated. The transportation organization also said it would be posting a new pedestrian safety bulletin to all of its drivers in the wake of the two accidents.

Family Considers Wrongful Death Lawsuit After Maryland Medevac Crash

Thu, 15 Oct 2009 08:00:00 EST

Ashley Younger and Jordan Wells were two college freshmen who had been involved in a car accident in Southern Maryland. The two, 17 and 18 respectively, suffered minor injuries such as chest pain following the crash, which took place when Younger lost control of the car, drove across a median, and hit a few trees before coming to a stop.

The girls were put in the Maryland State Police Aviation Command Trooper 2 and sent to a nearby hospital with non-life-threatening injuries. However, when family members arrived at the hospital in Alexandria, Virginia, the girls did not appear. After four hours without answered, only Wells appeared - the other four people aboard the medical helicopter had died in the accident.

Now, Younger's mother wants answers. She doesn't understand why the helicopter transported the only minorly injured girls and why it was flying in poor weather conditions. She also wants to know why no one told her about the helicopter crash for hours after it happened - she discovered her daughter's fate after hearing two nurses talking in the hallway.

Well's parents as well as the family of one of the paramedics on board are also considering wrongful death lawsuits. The families want to know about the mechanical problems of the helicopter and other failed policies - and about how it took rescue parties two hours to find the downed helicopter. What started as a straightforward car accident ended in a night of confusion, miscommunication, and the loss of four lives.

Dangerous Halloween Flashlight Recalled By Target For Fire Hazard

Fri, 09 Oct 2009 08:00:00 EST

Mitch Lipka bought a three-pack of Halloween flashlights from a Target department store for $1 - but when he brought them home and put batteries in the children's product, one of the flashlights sizzled as the battery melted through the plastic. When he tested a second pack of flashlights, the same fire hazard occurred in one of the defective toys.

Now Target has recalled the dangerous Halloween flashlights with the help of the U.S. Consumer Product Safety Commission (CPSC). Target has asked that those who bought the defective toys bring them back to the store for a full refund and that anyone using the lights should immediately remove the batteries. Target has also pulled the dangerous fire hazards from their shelves - even before the CPSC has finished investigating the dangerous product. The CPSC encourages all parents to report defective and dangerous toys.

Business Editor Of Baltimore Sun Killed In UPS Truck Accident

Thu, 08 Oct 2009 08:00:00 EST

Reports from rural Baltimore County say that 48-year-old Tim Wheatley, the business editor of The Baltimore Sun was killed in a UPS truck accident while his 9-year-old daughter was seriously injured in the Maryland truck accident.

Wheatley was taking a left turn at an intersection in Dover, Maryland, on Monday morning when his car collided with the truck. The intersection's light was working at the time of the accident and it is unclear who had the right of way or if either vehicle ran a red light. The car was t-boned by the UPS truck, which struck the driver's side of Wheatley's car. His daughter was in the front passenger's seat.

Wheatley was declared dead at the scene of the Maryland truck accident while EMS workers rushed his daughter to a local hospital with life-threatening injuries. It is not known whether the UPS driver was injured in the truck accident.

Maryland Court Of Appeals Considers Validity Of Medical Malpractice Caps

Wed, 07 Oct 2009 08:00:00 EST

The Daily Record reports that the Maryland Court Of Appeals is reviewing whether or not caps on non-economic damages for medical malpractice rewards are constitutional. Currently, a medical malpractice victim in Maryland cannot receive more than $725,000 in non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life, or loss of a loved one. The cap was created in 1986.

Now, however, a case involving the drowning death of a 5-year-old boy will re-open the issue of Maryland medical malpractice caps for the first time in over a decade. The last time Maryland considered changing its medical malpractice damages caps was in 1995 when the court upheld the law. Only one judge that took part in the 1995 decision about malpractice caps is still on the bench today.

In the case that will be heard early in 2010, Maryland toddler Connor Freed drowned while playing in the Crofton Country Club swimming pool. The accident, which took place in the summer of 2006, ended with the Anne Arundel County jury awarding the boy's parents with $2 million in damages. However, the medical malpractice cap shrunk the compensation to $1.3 million.

The parent's medical malpractice lawyer argued that Connor went through conscious pain and suffering before he died. Many, including medical malpractice lawyers and the families of those who have been subject to pain and suffering due to medical malpractice, hope that the court will take a close look at how medical malpractice caps affect families.

GRTC Bus Driver Had Reckless Driving History Before Fatal Pedestrian Accident

Tue, 06 Oct 2009 08:00:00 EST

In Richmond, Virginia, a bus driver has been involved in a fatal pedestrian accident. Now authorities say that the transit driver has a recent past of reckless driving for the bus company.

Last Wednesday 55-year-old Loucendia Reed Lambert of Disputanta, Virginia, was crossing a Richmond intersection at about 8 am at 14th and Franklin Streets when she was hit by the bus. Lambert was pronounced dead at the scene of the pedestrian accident and the intersection was closed for over three hours as investigators examined the scene.

The GRTC bus was driven by 46-year-old Teresa Jones of Richmond, Virginia, who has been charged with reckless driving in relation to the fatal VA pedestrian accident. Now reports are revealing that Jones had been cited for reckless driving just five months before the fatal bus accident. GRTC said that they were never notified of the previous reckless driving incident. Jones was in her own car early this summer when she was charged with failure to wear her seatbelt and reckless driving in downtown Richmond. The reckless driving charges were dropped after Jones attended a driving school.

Jones had been a bus driver with GRTC for the past three years. Jones was found to be free of illegal substances at the time of the pedestrian accident and is now on paid leave from her job as a bus driver.

Lambert was on her way to work at the Virginia Department of Health in the state's Early Hearing Detection and Intervention Program at the time of the pedestrian accident.

Two Flight School Planes Crash In Virginia This Summer

Wed, 30 Sep 2009 08:00:00 EST

Two different plane crashes have occurred at flight schools in Virginia in the past three months, with both small aircraft accidents involving a faulty plane engine.

On August 26, a plane crashed near Luray, Virginia, after taking off from Luray Caverns airport. The pilot and passenger made it safely from Leesburg Executive Airport in Leesburg, Va., but had trouble taking off from Luray to return home. Although it took five attempts to start the engine, the plane then took off with everything operating normally. Shortly after takeoff, however, the plane slowed and they lost engine power. The National Transportation and Safety Board (NTSB) is now investigating the crash landing of the Piper Arrow III - specifically whether mechanical problems were the cause of the airplane crash.

On August 7, a Piper PA-28-161 single engine plane also went down in Virginia. This small aircraft crash took place at Winchester Regional Airport in Winchester, Va., during a flight lesson. The hour-long flight was uneventful until the plane was about five minutes from landing. At that point, the engine went from "full" to "idle" despite pilot intervention and troubleshooting. The plane crash landed to the left of the runway, hitting a fence and a berm before coming to a stop. The certified private pilot received minor injuries during the Virginia plane crash while the student pilot was uninjured. The National Transportation Safety Board is investigating the reason for the crash, but suspects an engine failure.

"An examination of the engine is scheduled for a later date," an NTSB spokesperson said.

Dad receives $50K Wrongful Death Award Following Son's Suicide

Tue, 29 Sep 2009 08:00:00 EST

According to the Daily Record, A Baltimore father who lost his son to suicide has successfully won his wrongful death claim against the boy's stepfather, who the jury found negligent.

In 2005, Brian Montes shot himself in the head with a 9 millimeter pistol that he found in his stepfather's draw. The gun was not locked away and bullets were close by. The family had eleven guns in the house despite the fact that Montes had a long history of severe depression and suicide attempts. In fact, Montes had overdosed on pills just weeks before the final incident. The pills were painkillers belonging to Montes' stepfather.

Montes killed himself using the guns of his stepfather, Frank Eisler. Montes lived with his mother and stepfather in the years after his mother and father's divorce.

At first, Montes' father, Joseph Montes, simply wanted a letter of apology from Eisler - a public letter than explained that guns should not be within a child's reach in any household, especially when the child suffers from depression and suicidal thoughts. However, when Eilser did not grant that simple request, Montes filed a Maryland wrongful death suit that held Eisler responsible for his stepson's death. The jury took an hour to award $50,000 to Joseph Montes.

Even though Brian Montes pulled the trigger that ended his life, his stepfather should have known about this pending violent act and acted to prevent it. By not doing so, the jury found him negligent.

Metro Worker Dies In Yet Another Washington DC Rail Accident

Mon, 28 Sep 2009 08:00:00 EST

Just months after a deadly DC rail accident left nine people dead and dozens injured, a DC Metro rail worker has died on the job. This fatal DC rail accident raises even more questions about the safety of the Washington DC commuter rail system.

According to the Washington Post, 44-year-old John Moore of Arlington County, Virginia, died when he was struck by a train between the National Airport and Braddock Road stations. Moore was rushed to the hospital by emergency workers but died four days later. He suffered serious life-threatening injuries and was on life support before he passed away.

The deadly DC Metro accident is now under investigation, and no one is yet sure of how the communications technician was killed. According to initial reports, the man walked down the stairs to a door that opened onto the tracks and was struck when he opened the door. However, officials are not sure why he would go down to the tracks in the first place.

This is the third Metro worker to die in the last tree months with Michael Nash, a Washington DC track maintenance worker, also dying while working his Metro job. He was killed while working with a gravel spreading machine.

Metro officials ordered all rail workers to take further safety training after the initial DC train accident, but the fatalities continue. The last cluster of DC rail fatalities was in 2006 when three workers died while on the job.

Two Accidents Clog Maryland's Bay Bridge And DC's Inner Loop

Mon, 28 Sep 2009 08:00:00 EST

Two serious accidents have shut down major highways in Maryland in the past week - one closing lanes on the Bay Bridge and one shutting down Washington DC's Inner Loop.

On the Chesapeake Bay Bridge on Sunday, a motorcycle and a car collided shutting down the eastbound lanes of the highway for several hours. Maryland State Police closed both lanes of the highway and used the westbound's third lane while investigators cleared the motorcycle accident scene and collected evidence. Traffic was backed up two miles in the westbound lanes and four miles in the eastbound lanes. The accident, which occurred at a quarter to one in the afternoon, resulted in serious injuries for the driver of the motorcycle. He was flown by emergency workers to the Maryland Shock Trauma Center in Baltimore. The driver of the other vehicle was not seriously hurt.

In Glen Echo, Maryland, a multiple-car crash near the River Road exit of the Inner Loop just past the American Legion Bridge on Wednesday morning. According to the Maryland State Police, two people were taken by EMS to the hospital with injuries and the highway had three lanes closed at 5:45 in the morning. In the hours after the DC Beltway crash, two lanes were reopened to traffic while the far left lane remained closed.

Washington DC Metro Crash Could Happen In Other Cities, Probe Finds

Sat, 26 Sep 2009 08:00:00 EST

As federal investigators dig deeper into the reasons for this summer's deadly Washington, DC, metro crash, they are finding that other Metro lines and commuter trains may be facing the same mechanical problems, failures, and dangers.

The recent discoveries surrounding the DC metro crash investigation has prompted federal officials to send out an urgent nationwide warning about these train issues to railroad conductors across the country.

The fatal flaw in the case of this public transportation tragedy is a kink in the system that could cause a track circuit to fail to detect an approaching train. Although it was not directly apparent how many other rail systems share this particular train detection system, the NTSB and the Federal Transit Administration both agreed that the warning should be sent out as a precaution. Later in the process, the FTA plans on exploring which other audio frequency track circuits there are in use and going from there.

The deadly Washington, DC, Metro accident that took place on June 22 killed nine commuters and injured another 52 people. Although the investigation into this public transportation accident remains under investigation, it seems that an errant signal sent from the auto frequency detection system was responsible for the train wreck. In the week before the accident, an unintended signal path was created, though in that instance no accident occurred.

The manufacturer of at least some of the equipment, Alstom Signaling Inc., was also informed of the signaling device's role in the deadly train accident.

National Transportation Safety Board Officials Told Not To Text And Drive

Fri, 25 Sep 2009 08:00:00 EST

Although new laws about texting while driving and using a cell phone while driving have not gone national, and while they have not affected most drivers in the Washington, DC, area, they have hit the National Transportation Safety Board. The new chair woman of the NTSB announced after her swearing in ceremony that NTSB members in Washington, DC, would no longer be allowed to text or talk on the phone while driving on official business. Board members will also be disallowed from talking on or using their work cell phones while driving their personal cars.

The chairwoman, Deborah Hersman, cited recent studies that link car accidents with texting and talking on the phone. Earlier, the recommended that government and transit agencies ban the use of cellphones and other wireless devices for city workers who drive, young people, and train operators who may cause harm with their distracted driving.

Teach Your Child To Cross The Street Safely

Fri, 25 Sep 2009 08:00:00 EST

No matter how young your children might be, it is never too early to teach them about how to safely cross the road at intersections. Even the simplest rules and most basic common sense can save your child from a pedestrian accident that results in serious injury or death. Here are some quick pedestrian safety tips:

· Cross at marked crosswalks whenever possible.

· Make contact with any drivers who are stopped in the intersection.

· Don't run across the street.

· Don't dart out from behind objects into the road.

· Look both ways before crossing.

· If a car is approaching in the distance, try to gauge its speed before crossing.

· Never assume a car will stop for you.

· Don't stop looking to your left and right while making your way across the street.

· Enlist the help of a cross guard if there is one.

· Listen for cars before crossing the street.

6 Things We Should Not Have to Tell You Not To Do While Driving A Car

Wed, 02 Sep 2009 08:00:00 EST

Six Things We Should Not Have To Tell You Not To Do While Driving

(taken from our actual cases)

6. Don’t drive if you are blind; (actual case)

5. Don’t drive if you are so intoxicated you cannot walk; (actual case)

4. Don’t drive if you don’t know how to drive; (actual case)

3. Don’t drive a car into a lake, they cannot float; (actual case)

2. Don’t drive into a building, and (actual case)

1. Don’t engage in sex acts while driving. (2 actual cases)

Elkridge Teen Hit And Critically Injured By Drunk Driver

Mon, 31 Aug 2009 08:00:00 EST

According to reports from the Baltimore Sun, a 16-year-old Elkridge, Maryland, teen was struck and seriously injured by a drunk driver just after midnight on Friday. Maryland State Police say that the teen, Benjamin Wortman, of Red Barn Way, was riding his bicycle at half past 12:00 a.m. when he was struck by 26-year-old Aaron Jacob Lorsong. The Maryland bike accident took place in the eastbound lane of Route 108 near Lark Brown Road.

Howard County Police charged Losong, who was driving a Nissan Ultima, with driving under the influence of alcohol and with possession of heroin. A vehicular homicide charge could also be added to his criminal charges in the days to come, as well as causing a life threatening injury while driving under the influence. Both the car and the bike were traveling eastbound at the time of the fatal bike accident.

Wortman was rushed by emergency services to the Maryland Shock Trauma Center, where he was put on life support by his family and doctors as Wortman is an organ donor. The next day, the teen died of the injuries incurred in the bike accident.

Anyone with information about the incident is urged to call police at 410-313-3700, as the case is still under investigation. It is not clear whether Wortman was wearing a safety helmet or wearing reflective bike gear. Lorsong was released Friday from the Howard County Detention Center after posting $100,000 bond.

Man Walks Away From Maryland Small Plane Accident

Mon, 31 Aug 2009 08:00:00 EST

A man miraculously escaped serious injury after crashing his small engine plane into Green Ridge State Forest in Maryland. The man, 75-year-old Donald Myers, was flying above Allegany County, Maryland, when the engine of his 2009 Kitfox fixed wing aircraft cut out. The small plane's mechanical failure sent the aircraft into the Green Ridge State Forest, where it crashed between two trees and a few feet off of the ground. The man's plane was built from a kit.

The small plane accident took place at about 9:30 a.m. on Sunday morning. Myers, an experienced pilot, only suffered a small cut on his hand. The man jumped down from the plane, walked to a nearby road in the Oldtown, Maryland, area, and flagged down help after his MD plane crash. He refused medical treatment for the gash on his hand according to authorities.

Myers said, "I just was careful and got out and grabbed a hold of grapevine and slid on down, of course the aircraft isn't that high off the ground."

According to Maryland State Police, the Cumberland Barrack was notified that an Air Force rescue transmitter has been activated, indicating there may have been an airplane crash in the area of Mertens Avenue and Jacobs Road in Green Ridge State Forest. When emergency workers responded, including a Trooper Five rescue helicopter the Maryland Department of Natural Resources, they found the airplane crash survive walking along the road and he led them back to the scene of the aircraft accident.

The small engine plane suffered some damage to its wings during the crash. The FAA will further investigate this airplane crash.

Olympic Medalist Michael Phelps Involved In Maryland Car Accident

Wed, 26 Aug 2009 08:00:00 EST

Record-breaking gold medal winner Michael Phelps was involved in a three-car accident in Baltimore, Maryland last week - an accident that comes months after Phelps was punished for smoking marijuana and five years after a conviction for driving with impaired. However, although Phelps admitted to drinking a beer about an hour before the MD car crash last week, Maryland police have determined that alcohol did not play a role in the car accident. Instead, the driver of one of the other cars involved in the accident has been cited for running a red light and for causing a car accident.

Famed swimmer Phelps was not seriously injured in the car accident, though he did complain on his Facebook page that his ankle was sore due to the collision. The female driver of the Honda Accord, Amanda Virkus, who ran the red light, was taken to the hospital after the accident as a precaution. Phelps reported back to training the following Monday and his performance was not affected by the crash.

"No alcohol was involved. No drugs. It was just a car accident," People Magazine quoted a police source as saying. However, Phelps will be expected to appear in court due to the accident, in order to explain his out-of-state license.

Phelps did receive a citation for driving with a suspended license - a license that was suspended after Phelps did not pay a fine for lack of proof of car insurance. Phelps also received a citation for not establishing legal residence in Maryland.

Dangerous Blinds And Shades Recalled After Deaths

Wed, 26 Aug 2009 08:00:00 EST

Do you have a deadly product in your house - that looks like a harmless window treatment? You might. This week, six different window treatment manufacturers recalled a total of 5.5 million potentially defective window shades and window blinds after three children accidentally hung themselves in the chord's loop. These strangulation deaths are caused when the shades' chords reaches low enough to the ground that a small child or toddler can entangle himself in the strings.

Most recently, a four-year-old girl was strangled in her home by the chord of a vertical bind that was not attached to the floor. In 2007, a one-year-old baby was killed when a blind chord fell into his crib.

Although the blinds feature a warning sticker to alert parents to the danger of the chords, the window treatment companies decided to go ahead with the recall. The recall, issued by the Consumer Products Safety Commission (CPSC), is voluntary. While some blinds can be made safe with a simple repair kit, others will need to be returned in exchange for a refund. The blinds come in both vertical and horizontal varieties.

The blinds have been sold nationally at a number of large chains, including Pottery Barn, Ikea, and Target.

On average, one child each month dies after becoming entangled in a dangerous blind chord.

"The CPSC works to recall products as quickly as we can," CPSC spokesman Scott Wolfson said. "When there is a fatality, especially a child, it is of the utmost concern to the agency."

Common Problems when making Lost Wage Claims

Mon, 10 Aug 2009 08:00:00 EST

Documenting the time you miss from work will increase the value of your case significantly. Missed time from work is compensable in itself (you get paid for the time you were off), but also is evidence of a more serious injury. If you were hurt but went to work, it appears (rightly or wrongly) that you were not as seriously injured as someone else may have been.

Check out our wage verification form for an idea as to the type of information that an adjuster (or ultimately, a jury if necessary) will need to see evidence of your wages:
The name and address of your employer
A brief description of your position
How much you make, and how you get paid (hourly, salary, commission, etc.)
The dates you missed from work
The date you went back to work

You will have to prove you have paid your taxes. Be prepared to show a pay stub showing your withholdings or a tax return if a case has to go to Court.

If you have questions about how to document your lost wage claim in an injury case, contact us -- 202-296-0666.

Black & Decker Grass Trimmers Recalled After Burn And Laceration Injuries

Fri, 07 Aug 2009 08:00:00 EST

A defective and dangerous product may harm you or a loved one as you work in the yard, CNNMoney reported on August 4. Power tool company Black & Decker issued a recall last week for The GH1000 Grasshog XP String Trimmer/Edgers. The estimated 200,000 grass trimmers are said to cause serious lacerations and burns in users. Shockingly, this is the second time in two years that the Grasshog has been recalled.

The US Consumer Product Safety Commission explained that the edge trimmer's spool cap and portions of the trimmer string can break, with sections of the trimmer string flying into the air and potentially hitting users or those nearby. In addition, the CPSC said that the machine can become overheated, causing serious burns.

The defective edge trimmer has resulted in 100 different incident reports as well as 10 injures that needed medical attention that involved burns, lacerations, and bruises. The Grasshog was sold nationally at a number of home stores and hardware stores for approximately $70. Those with the black spool cap are being recalled - Grasshogs with orange spool caps are thought to be safe.

Almost two years ago this week, the Grasshog was recalled by Black and Decker after 700 different incident reports and 58 injuries involving the defective grass trimmer. Black and Decker did not comment on its dangerous and defective product.

The Grasshog can be returned for a full refund.

Maryland Doctor Seriously Injured In Pittsville Car Accident

Thu, 06 Aug 2009 08:00:00 EST

According to the Associated Press, the chief of pediatrics at Peninsula Regional Medical Center, Dr. Jose Alvarado, has been involved in a serious Maryland car crash.

The doctor, who also has a popular Lower Shore private practice, was driving his sports car on Route 50 in Pittsville when he slammed into the back of a tractor-trailer truck that was sitting on the shoulder of the highway. Emergency workers flew the pediatrician to University of Maryland Shock Trauma Center in Baltimore, Maryland, where he was listed in critical condition, although he was first transported to Peninsula Regional Medical Center by Pittsville EMS. Maryland State Police told the media that he was in critical condition as of Wednesday at 10 PM.

Alvarado, who lives in Ocean City and who was driving a 2009 Mercedes convertible, has been a doctor in the Salisbury area since 1988.

NTSB Urges "Safety Redundancy" After Washington Train Accident

Wed, 05 Aug 2009 08:00:00 EST

In its ongoing investigation of the fatal Washington Metro crash in June, the National Transportation Safety Board has become concerned that the DC train accident could have been prevented if the Washington Metro concentrated more on adequate safety redundancy.

According to the Washington Post and the NTSB, a single malfunction caused the train accident that killed nine commuters and injured dozens more. The fact that a single failure in the largely automatic train system is extremely troubling to many - as a lack of safety redundancy puts only one broken part between a safe commute and another tragic metro accident. The NTSB will probably officially announce that a new software system that regularly checks on hardware functionality should be required. The new system would "continuously evaluate the validity of real-time track occupancy data."

The NTSB does not expect to officially finish its investigation of the DC commuter train wreck for several more months.

FDA Warns Public About Body-Building Supplements And Steroids

Wed, 29 Jul 2009 08:00:00 EST

According to CNN.com, the US Food and Drug Administration (FDA) has released an official public warning regarding illegal body building supplements that contain steroids or steroid-like substances. The government agency in charge of regulating the safety of consumer products wrote that although many of these body building products advertise themselves as dietary supplements to be used in conjunction with weight-lifting, a large number of the products are misbranded, misadvertised, illegal, and potentially dangerous to your health.

Among the "enforecement action" taken by the FDA, the agency has sent a warning to the American Cellular Laboratories Inc., which sells many of the supplements, including TREN-Xtreme, MASS Xtreme, ESTRO Xtreme, AH-89-Xtreme, HMG Xtreme, MMA-3 Xtreme, VNS-9 Xtreme, and TT-40-Xtreme. The FDA has stated that these products are unapproved, ineffective, and dangerous to consume. As such, the FDA recommends that everyone stop using the defective products immediately - and to see and doctor and report adverse effects if they have been injured by one of the products. Many of the products were sold at gyms, sporting events, and on the internet.

The FDA also engaged in a federal raid on the California home of American Cellular Labs CEO Maurice Sandoval and an affiliate supplement store Max Muscle in order to collect information about the business' practices.

"The FDA has received reports of serious adverse events associated with the use of these products and other similar products. Products like these are frequently marketed as alternatives to anabolic steroids for increasing muscle mass and strength and are sold both online and in retail stores. They are often promoted to athletes to improve sports performance and to aid in recovery from training and sporting events," said the FDA's health advisory.

These defective products have led to liver failure, liver injury, and other health problems in at least 15 different reported cases.

The body building dietary supplement company will have two weeks to respond to the warning letter sent to them by the FDA. Their response should list the corrective measures they plan to take in order to continue distributing products to the public.

Settlement Reached In Maryland Pedestrian Wrongful Death Suit

Tue, 28 Jul 2009 08:00:00 EST

The Maryland Coast Dispatch reported earlier this month that the wrongful death civil suit involving a deadly Snow Hill pedestrian accident has been privately settled after two years of legal proceedings. The confidential settlement included all claims and lead to the case being dismissed with prejudice.

The accident occurred in June of 2007 when 21-year-old Tyler Adams of Easton and 21-year-old Dale Blankenship of Easton were crossing Coastal Highway at around two in the morning. A third young man driving a Jeep Cherokee, 19-year-old Brian Scott, hit both Easton men, injuring Blankenship's foot and hitting Adams head on. Adams was thrown over the vehicle and later died of his pedestrian accident injuries at a nearby hospital two days later.

Adams' family filed for a combined $1.75 million in compensatory and punitive damages in a wrongful death lawsuit in August after no criminal charges were made. Both Adams and Scott were intoxicated at the time of the accident. Scott was underage and ran a red light when he struck the men, though the men were not crossing in a designated crosswalk. The pedestrian accident attorneys involved in the case argued mainly about whether or not malice was present in Scott's actions, a standard for non-intentional wrongful death civil suits in Maryland such as this one.

None of the Maryland wrongful death attorneys involved in this case could comment on the details of the wrongful death settlement. Both of Adams' parents, the victim's mother, Holly Davis, and the victim's father, Timothy Adams, were involved in the MD wrongful death case.

FAA Whistleblowers Actually Helping Plane Safety, Reveal Flawed FAA

Mon, 20 Jul 2009 08:00:00 EST

When it comes to employee whistle-blowing, it's difficult to know whether or not accusations of safety violations should be taken seriously. However, a recent federal investigation has found that the Federal Avian Administration's whistle-blowing instances have proven to be true in most cases. In fact, almost thirty different whistle-blowing safety complaints have been verified - safety complaints that could save lives, reduce the number of airplane accident injuries, and prevent aircraft accidents in general.

The safety complaints cover a variety of airplane accident topics, ranging from air traffic control issues to improper procedures to inadequate manuals to airplane equipment maintenance concerns. Many believe the number of whistle-blowers - and the treatment they receive after they go public - means that the FAA has a lot of work to do as an agency, especially to keep aircraft passengers safe from airplane accident and airplane incidents.

Specifically, federal officials from the whistle-blower protection office cite cases in which whistle-blowers are ignored by the FDA, demoted, and even shamed. One whistle-blower, FAA inspector Christopher Monteleon, had his aviation inspection credentials revoked after he brought attention to Colgan Air safety issues. This February, a Cogan Air plane went down in Buffalo and killed everyone on board.

In many cases, the Office of Special Counsel found that not only were whistle-blowers often correct in their assessment, but that in many cases the FAA left it up to the airline that they were regulating to assess and fix the problems brought to light. Some believe that whistle-blowing safety claims may be muffled by the FAA's culture and by lobbyists who affect decision-making.

Drunk Driver Kills Two Men On The Capital Beltway

Wed, 15 Jul 2009 08:00:00 EST

Kelli R. Loos, 33, has been charged with leaving the scene of an accident, driving with a suspended license, and with driving under the influence - and these charges could be followed by manslaughter charges in the coming weeks.

On July 8 at around 11 p.m. in the evening, Loos hit a Nissian truck carrying two Springfield men, 39-year-old Gradys Mendoza, and 37-year-old Franklin Manzanares. The two construction workers and relatives veered off of the road and down a 60-foot embankment off of the Capital Beltway. Medoza died at the scene of the car accident while Manzanares died en route to the hospital. Both vehicles were traveling southbound on the Beltway when Loos served and hit the back of the construction workers' truck, causing the vehicle to spin across lanes and leave the roadway.

Loos did not stop after the fatal car accident took place - and a witness to the deadly car crashed followed the drunk driver's Jeep Cherokee into Virginia from Maryland. In Virgnia, Loos crashed again, hitting a highway sign while exiting the interstate. Both the Maryland State Police and the Virginia State Police praised the witness for calling in the accident and for following the hit and run driver.

Loos, who had been drinking at a bar in Maryland before driving, has a long history of traffic violations and failed court appearances. In the past, she has been charged with her involvement in another collision, with not properly insuring her car, with failing to produce a valid ID, and with driving with a suspended license. At the time of her hit and run accident, there was a warrant issued for her arrest.

Family Of DC Metro Crash Victim Files Wrongful Death Suit

Wed, 08 Jul 2009 08:00:00 EST

After the fatal Washington, DC, metro cras h that occurred late in June, a wrongful death lawsuit has been filed by the family of one of the victims. One of the nine victims of the fatal subway accident was 29-year-old Veronica DuBose, the mother of two young children who was going to start classes at Sanz College this coming fall.

The family of Roni, as she was known to loved ones, is seeking $25 million in damages in the wrongful death lawsuit.

The New York Times reported new information about the cause of the subway crash on July 1 - saying that the equipment that alerted subway car drivers of stopped vehicles on the tracks was repaired just five days before the accident took place. In its initial investigation, the National Transportation Safety Board announced that the track-circuit component of the Red Line was malfunctioning on June 17 according to maintenance records. Testing after the accident has revealed that the detection equipment was still failing for a few seconds at a time near where the tragic crash took place.

The DC Metro crash took place on June 22, injuring an estimated 80 people and killing 9. It was the deadliest subway accident in the history of the Metro system, which opened in 1976.

For the time being, all DC Metro trains are being operated manually and are traveling at slower speeds than usual. The average age of a DC Metro car is almost 20 years. Washington DC officials say that replacing the cars would cost an estimated $1 billion.

FDA Warns Anti-Smoking Drugs Linked With Suicide

Tue, 07 Jul 2009 08:00:00 EST

The Washington Post reports that taking anti-smoking medications may lead to depression and suicide. After a disturbing number of reports linking two different anti-smoking drugs, Chantix and Zyban, with depression, hostility, attempted suicide, and suicide, the Food & Drug Administration (FDA) has released a warning about the drugs and is requiring the drug company to label the drug packaging with strong warning labels.

The agency had received 98 reports of suicide among patients taking Chantix and 188 reports of attempted suicide, and 14 suicides and 17 suicide attempts among patients taking Zyban, according to officials.

FDA officials are unsure of why the drug would cause these serious reactions, and also noted that nicotine withdrawal can have similar effects. The also noted that the drug would not be taken off of the market considering the equally deadly effects of smoking. Making the public aware of the dangerous side effects should curb any potential problems, they said.

Bowie, MD, Father And Daughter Killed In Antique Car Crash

Mon, 06 Jul 2009 08:00:00 EST

The Associated Press reports that a Bowie, Maryland, man and his daughter were killed while driving their antique car on Interstate 70 in Howard County, MD.

The car, a 1929 Model A Ford, was being driven by 62-year-old Richard Dashiell, who was accompanied by his daughter, Amelia. The antique car had a sticker on the back window warning approaching cars that his vehicle was slow moving, but the car was struck from behind by a 2007 Dodge.

Dashiell and Amelia were both thrown from the car - which was not equipped with seatbelts, as many antique cars lack modern day safety options. The driver of the Dodge, Paul Davis of Glen Burnie, was not injured in the crash. Maryland State Police say that the antique Ford was traveling at about 50 miles per hour when it was hit from behind by the truck in Lisbon on I-70.

The Maryland car accident is still under investigation, and no charges have been filed at this time.

Frederick Jury Awards Family $4 Million In Birth Injury Medical Malpractice Suit

Sat, 27 Jun 2009 08:00:00 EST

The largest award for a medical malpractice lawsuit in the history of Frederick County was given to a young Adamstown woman this week after her son suffered permanent brain damage and cerebral palsy during his birth at a local hospital in May 2000.

Suzette Dineen was awarded almost $4 million by a Frederick County Circuit Court jury after coming to the conclusion that the woman's obstetrician and emergency room doctor were negligent during the labor and birth process. The mother was rushed to Frederick Memorial Hospital when she was 8 months pregnant - but instead of being taken to the labor and delivery wing of the hospital, she was kept in the emergency room for three hours.

By the time the baby, Ryan Dineen, was delivered hours later by emergency c-section, he was not breathing and did not have a heart rate. Although he survived, he will have life-long disabilities and require 24-hour care due to his cerebral palsy. Shortly after Dineen arrived at the emergency room, the baby's heartbeat was strong and healthy.

One emergency room doctor Brian Rader and obstetrician Edwin Chen were found negligent, while one other emergency room doctor and three nurses were cleared of any wrongdoing. The hospital was also cleared of fault in the medical malpractice suit.

While the bulk of the medical malpractice settlement was designated for Ryan's long-term care, $300,000 in damages were for pain and suffering.

"In the right case, with the right set of facts, the Frederick County jury responded like anyone would respond," the personal injury medical malpractice layer said. "I think that tells us something: that they're concerned about accountability."

Product Recall: Flammable Blair Chenille Bath Robes Cause Six Deaths

Fri, 26 Jun 2009 08:00:00 EST

After six women have died while wearing Chenille Robes made by Blair LCC, a national recall of the defective product is underway so that more don't die. The full-length women's robes are prone to catching fire and have been linked to six different fatal incidents across the country. Five of the deadly robe incidents happened while the women were cooking, and three of the women were in their 80s.

The Consumer Product Safety Commission put out a warning on these robes in April, but the flammable material is still leading to fatal incidents. Blair Chenille robes were also officially recalled by the company in the same month - including item numbers 3093111, 3093112, 3093113, 3093114, 3093115, and 3093116. At that time, only three people had been killed while wearing the robe near an open flame. The robe failed to meet federal flammability requirements.

Blair has been aggressive in its defective product recall, sending out letters to each catalog and web site customers who had purchased a robe in the past - and sending out a follow-up letter to those who did not respond to the first contact. In addition, the company called 63,000 customers, placed ads in local papers, and posted information about the deadly robes on their web site. During this process, they learned of the three other robe-fire deaths.

Customers who return the robe will receive a full refund or a $50 Blair gift certificate. Those who have purchased robes are urged to contact Blair toll-free at (877) 392-7095.

Lanham Hospital Fined By Maryland For Failing To Report Medical Errors

Thu, 25 Jun 2009 08:00:00 EST

According to the Washington Post, A Maryland hospital has been fined $30,000 for breaking state health regulations in regards to reporting serious injuries and patient deaths related to medical mistakes made by doctors, nurses, and hospital staff.

The Doctors Community Hospital, located in Prince George's County, did not report at least seven patient injuries and one patient death to Maryland health officials. MD state officials have agreed to lower the fine from almost $100,000 after the Lanham, Maryland, hospital agreed to spend $65,000 on a program that would promote patient safety and accurate reporting. This deal was struck after state investigators found that the hospital had no plan in place to prevent reoccurring patient injuries and medical mistakes.

While not all medical mistakes can be prevented, explained the director of the state Office of Health Care Quality, the state does expect mistakes to be examined and prevented in the future. The Doctors Community Hospital did not have any system in place to catch and analyze these possible medical malpractice incidents.

The law that requires hospitals to report their serious errors has been on the Maryland books for the last five years. This is the first time a hospital has been punished for not following the law. The hospital staff is cooperating, and hoping to see improvement in the coming year, despite the sometimes overwhelming number of emergency room visits the medical center sees.

Among the incidents not reported was an assault on a patient, a heart failure patient who was not given his medication for over a week, a senior who was accidentally given a strong antibiotic, and a young woman who was not given fluids in an emergency room for 36 hours after reporting nausea and vomiting. The patient who died was involved in a fall from a hospital bed.

Pilots And FAA Officials Gather In Washington, DC, For Airplane Safety Summit

Wed, 24 Jun 2009 08:00:00 EST

After a number of concerning plane crashes in the last two years involving untrained pilots and pilot fatigue, a number of FAA officials, pilots, and government officials met in Washington, DC, this week in order to discuss the future of airplane safety and announce immediate emergency actions to prevent future plane crashes.

The meeting ended with a few new resolutions: the FAA will write new pilot regulations involving the number of hours of flying allowed; the government will conduct a review of pilot training; the government will pressure all airlines to focus on safety programs and collect flight data; and the FAA will improve the ability of airlines to fully research a pilot's flight history before hiring. Currently, only the last five years of a pilot's flight history can be accessed.

Many of these resolutions would affect regional airlines, not national ones which already take many of these precautions to prevent plane accidents.

Did Senator Orrin Hatch Clip A Pedestrian With His Car In Washington DC?

Tue, 23 Jun 2009 08:00:00 EST

Washington, DC, has always been dangerous to pedestrians - but usually it's not the country's Senators driving. However, on June 11, a number of sources reported that Republican Senator Orrin Hatch of Utah grazed a pedestrian in a crosswalk while driving in the capital this week.

According to multiple sources, the 75-year-old senator clipped a woman walking in a designated crosswalk during a thunderstorm in Washington on Tuesday night. The woman was not injured in the pedestrian accident, although the car did hit the woman according to several witnesses to the event.

"I was mortified. I didn't see her at all. I said, 'I didn't see you. I'm so sorry,'" Hatch told the Washington Post. "She seemed OK. I felt really badly about it."

Hatch said that he called the police to report the near-accident, but the police could not find an incident report in connection with the pedestrian accident.

Boy, 14, Struck By Car And Killed In Southeast Washington, DC

Mon, 22 Jun 2009 08:00:00 EST

The Examiner.com and the Associated Press have reported a fatal pedestrian accident in southeast Washington, DC, that took the life of a young boy standing on a street corner.

District Police reported that 14-year-old James Perkins of southeast Washington DC was fatally injured when a car accident in a nearby intersection caused two vehicles to jump the curb and strike the boy. Although he was rushed to a nearby hospital with critical injuries, Perkins died of complications from his pedestrian accident on Saturday morning.

The fatal pedestrian incident occurred when a car going south on Martin Luther King Junior Boulevard stopped in an intersection while waiting to make a left turn. A car driving in the opposite direction attempted to swerve around the vehicle, and the two cars collided - sending the northbound car up onto the curb and into Washington, DC, pedestrian traffic.

In addition to James Perkins, a 42-year-old woman was also struck by the vehicle while she was waiting on the curb to cross the street. Both Perkins and the woman were on Howard Street at the time of the pedestrian accident.

The woman and Perkins were brought by emergency response officials to the hospital, where Perkins died from blunt force trauma. The woman was treated and released with minor injuries. Both drivers involved in the Washington, DC, car crash suffered minor injuries and treated at a local hospital before being released.

No charges have been filed yet in this case, which is still under investigation by police.

WMATA collision worst in Metro History, many injured, six died

Mon, 22 Jun 2009 08:00:00 EST

Metro suffered its worst safety breakdown today, killing six passengers so far, and leaving many more seriously hurt. According to preliminary news reports, one train struck another with such force, the trains were literally stacked up on each other.

Metro Accident Kills 6 and Injures Many More!

Mon, 22 Jun 2009 08:00:00 EST

At least 6 people have died in the worst Metrorail collision in the system's history. Preliminary news reports indicate that one train on Metro's Red Line struck the rear of another train stopped on the track. At this point, the investigation is just beginning.

For those injured and for the families of those killed, I feel very sorry and express my deepest sympathies. If you need help with a claim against Metro, you should contact competent, experienced legal counsel immediately. Metro is notoriously difficult to deal with on injury claims. Metro is self-insured, they have no insurance.

Maryland Medical Malpractice Cap Questioned In Montgomery Case

Sat, 20 Jun 2009 08:00:00 EST

A Maryland medical malpractice lawsuit is in the news after a judge in Montgomery County ruled that medical malpractice award caps and limits do not apply to the case at hand.

The case took place in November, which the Semsker family of Rockville, Maryland sued a Silver Spring dermatologist for missing a skin cancer diagnosis. Richard Semsker went to the doctor regarding a mole on his back, which is doctor, Norman A. Lockshin, did not remove. The man's cancer spread and he eventually died of the disease in October 2007 from complication from melanoma.

The jury awarded Semsker's surviving family with $5.8 million. If Maryland's medical malpractice caps for non-economic damages were applied, the family would only receive $3.5 million.

Montgomery County Circuit Court Judge John Debelius ruled that the 2004 caps applied by the Maryland legislature did so only for cases that first pass through a state arbitration board. The doctor's lawyer is already piecing together an appeal of this ruling, which he says goes against the original intent of the law passed by the General Assembly five years ago, which was to limit all medical malpractice settlements regardless of the involvement of a state arbitration board.

While many who advocate for patient's rights do not agree with the appeal, others, such as the Maryland state medical society, physicians' insurance companies, and those who supported the cap in 2004 support the appeal.

Semsker's primary care doctor settled his portion of the medical malpractice lawsuit outside of court.

Clinton Man In Critical Condition After Pedestrian Accident

Fri, 29 May 2009 08:00:00 EST

The Baltimore Sun reports that a Friday morning accident along Route 32 in Howard County led to an even more serious pedestrian accident. Stopping along the shoulder to help in another minor car accident, 44-year-old Franklin Trowell of Clinton was struck by a passing 1998 Chevrolet Cavalier driven by 55-year-old Leonard Supsic of Baltimore. Police say that Supsic lost control of his vehicle and hit the man on the shoulder of the road. The accident occurred around 4 a.m.

In the wake of the pedestrian accident, which took place near where Route 32 intersects with Interstate 95, emergency workers rushed Trowell to the Maryland Shock Trauma Center in Baltimore. The Prince George's County man was listed in critical condition, according to Howard County Police.

When stopping to aid others on the side of the road, police urge drivers to stay well off of the road and to carry flares or reflectors with then in order to increase visibility at night. Police also reminded drivers of the "move over" law, which asks drivers to move into the left lane if possible when passing a vehicle on the shoulder of the road. If there is not a left lane to move to, drivers should slow down and increase their awareness when passing a broken down vehicle or car accident on the side of the road.

The pedestrian accident is still under investigation. No charges have been filed at this time, according to authorities. Maryland State Police and Howard County Police are looking for witnesses to this pedestrian accident - if you have any information on this pedestrian accident injury, please contact the authorities immediately.

Ultralight Aircraft Crash Leaves Maryland Man Dead

Fri, 29 May 2009 08:00:00 EST

On Friday, May 22, 70-year-old Phillip Postelle of Walkersville, Maryland, was killed in an Ultralight aircraft accident. According to authorities, the man and a friend took off from separate ultralight aircrafts on Friday at around 5:30 p.m. from the Hanover Airport.

About a mile from the Hanover Airport, Postelle's plane fell from the sky, hitting a tree and a fence before coming to a stop. Witness and neighborhood resident Larry Rhoten said that he heard an engine cut off in the distance before the lightweight aircraft crashed a few houses down from where Rhoten lives. A man was lying on a tarp about 20 feet from where the plane landed, but he was not injured. The crash took place at around 8:20 p.m. on Friday evening. Postelle's friend returned to the airstrip that evening, and began to worry about his fellow pilot when he did not return after sunset.

An autopsy of the airplane crash victim showed that Postelle died of blunt force trauma and that he did not suffer from a medical emergency, such as a heart attack or stroke, in the moments before the crash. The Federal Aviation Administration (FAA) sent officials to examine the aircraft and plane engine on Saturday. In addition, the plane crash will also be independently investigated by both local township and county authorities. The investigation is expected to last one to two weeks.

Postelle, a member of the Aircraft Owners and Pilots Association since 2004 and model aircraft builder, was a mathematical scientist and owned a computer consulting company in Rockville.

Five Injured In Grantsville Off-Road Vehicle Accidents

Thu, 28 May 2009 08:00:00 EST

Just because most vehicle accidents take place on Maryland's roads, highways, and interstates does not mean that they all do. Off-road vehicles such as ATVs and dirt bikes can lead to serious injuries, especially in children and in those who do not wear helmets and other protective gear.

This could not have been any clearer than on last Sunday, when Police were called to the scene of multiple off-road accidents that resulted in injury. Maryland State Police were called to the scene of a four-wheeler accident involving two young girls, aged 17 and 10. Both were rushed by emergency workers to Cumberland Memorial Hospital with life-threatening injuries. The younger of the two girls suffered incapacitating injuries and was transported by Maryland State Police Medevac helicopter to medical help. According to police, the girls were both ejected from the vehicle when it was driven into a ditch.

In a separate accident, two more people were injured in a four-wheeler ATV accident and taken to Cumberland Hospital as well. In a third accident, a man was injured in a dirt bike accident in Avilton, which the Garrett County Emergency Services responded to. The extent of the off-road vehicle accident injuries in these two cases is not known.

Especially as warm summer weather sets in, more and more young adults will be riding on all-terrain vehicles and off-road vehicles. While these experiences can be fun, it is very important to put safety first in the form of responsible driving and proper protective equipment.

FDA Issues Warning About Weight Loss Supplement Hydroxycut

Tue, 26 May 2009 08:00:00 EST

It's said that 15 percent of Americans take a weight loss supplement regularly in order to keep their energy up, burn fat, and stay active. However, not only are weight loss supplements unproven - the Food & Drug Administration is now saying that they could even be dangerous to your health.

On May 1, the FDA ordered a recall of many of the company's Hydroxycut product, saying that two dozen instances of health problems in those taking the drug had been reported over the last few years. With many facing serious liver problems and heart problems, it is clear that Hydroxycut may be causing more problems than it solves. Across the country, supermarkets, health stores, and pharmacies are pulling the 14 Hydroxycut defective products off of the shelves.

In the wake of the FDA announcement, two class action lawsuits have been filed against the supplement company, Iovate Health Sciences.

Wrongful Death Claim Settled With Smithsburg Emergency Medical Services

Mon, 25 May 2009 08:00:00 EST

In Hagerstown, Maryland, a bitter dispute between a volunteer fire department and an ambulance company resulted in the death of a pregnant woman and her unborn son as well as a out-of-court wrongful death settlement.

Twenty-year-old Christina Lynn Hess and the baby she was carrying died on March 5, 2004, from complications of eclampsia, a serious and deadly complication of pregnancy that causes seizures. When Smithsburg Emergency Services Inc. was called for help, the operator openly mocked the emergency and made it clear that they would not help Hess because of her relationship with the Smithsburg Volunteer Fire Department.

Although Hess was dying just three doors down from where the ambulance company is located, it took them nine minutes to respond to the woman. In the Emergency 911 call, the dispatcher can be heard making statements about the rivalry between the fire department and EMS. Both she and her son were pronounced dead at the Washington County Hospital.

Hess' mother, Tammy Reed and Hess' fiancé, Danny Gibson, sued Washington County Volunteer Fire and Rescue Association Inc., former ambulance chief Jason Tracey, medics Karin Nicol and James Ulrich, dispatcher Robert Myerly, and Washington County itself, seeking $4 million in wrongful death damages.

These parties were brought to Washington County Circuit Court wrongful death and survival action counts that alleged negligence, gross negligence, willful conduct, and invasion of privacy.

Baltimore County Motorcycle Killed In Conowingo Dam Accident

Mon, 25 May 2009 08:00:00 EST

After losing control of his motorcycle, a recently purchased Harley-Davidson, 62-year-old Johnny Olsen crashed into the Conowingo Dam Bridge and fell 25 feet down an embankment and into the river.

The motorcycle crash occurred on Sunday afternoon at the intersection of Route 222 and Route 1, when Olsen failed to stop at the stop sign, hit the dam wall, and fell into the river. Some witnesses have reported the motorcycle was speeding, though fellow rider explained that his friend lost control of his vehicle because the Parkview, Maryland, man was not familiar with the new bike.

A boat from the Department of Natural Resources was in the area, heard the crash take place, and recovered the body. He was pronounced dead after being pulled aboard the boat. Maryland State Police are investigating the accident.

Pregnant Rockville, MD, Woman Hit By MARC Train

Sat, 09 May 2009 08:00:00 EST

On Friday, May 8, a commuter train in Rockville, Maryland t-boned a car sitting on the tracks driven by a pregnant woman. Twenty-five-year-old Cemile Valencia was boxed in on the tracks and even tried to bump the car in front of hers in order to escape the path of the train. The side of her car was crumpled and the crossing gate flew into the windshield, missing Valencia by less than a foot. The car spun several times before coming to a stop.

The car accident took place at the intersection of the Brunswick MARC line and Randolph Road.

Rescue workers responded to the scene of the car and train accident at around 5 p.m. Seven months pregnant, Valencia was rushed to Washington Medical Center with serious injuries, but authorities reported that she and her baby would fully recover from the car accident. Montgomery County Fire & Rescue told reporters a side airbag likely saved the woman's life. Family members confirmed that although hospitalized, both mother and baby were stable and that the baby would not suffer negative affects due to the accident.

The 540 commuters aboard the five-car MARC train were taken off and given alternate transportation - no one else was injured in the accident. The northbound Brunswick line outside of Washington, DC, was delayed for several hours due to the train accident.

To prevent train and car collisions, never come to a stop on train tracks.

Wrongful Death Settlement Reached After Carbon Monoxide Kills Two In Maryland

Wed, 22 Apr 2009 08:00:00 EST

The Ocean City Dispatch reports that a family has settled out of court regarding the deaths of a vacationing father and daughter, Paul and Kelly Boughter, died from carbon monoxide poisoning in an Ocean City, Maryland motel last February. Two other family members were exposed to the carbon monoxide in the Days Inn but survived. The award of damages will remain confidential.

The wrongful death and personal injury case was a complex one, as several parties were negligent during and after the accident occurred. The carbon monoxide was leaking from an exhaust pipe from a water heater in the basement that had been dislodged for an unknown reason, affecting several different rooms on the first floor of the Days Inn.

When three different paramedic groups came to the scene of the accident, a miscommunication during the rescue operation mean that the Boughter family in Room 121 were left unconscious in their room while others were saved. It was not until hours later that the bodies of the deceased were discovered - long after the rescue workers had thought their work was done.

Several different parties were involved in the law suits that followed, including Bay Shore Development Corporation, the owner of the Days Inn; Heat Transfer Products Inc., the manufacturer of the water heater; RE Michael Co. Inc., the seller of the water heater' Joyce Agency; and All About Plumbing, the installer of the water heater.

The wrongful death case cited negligence, breach of warranty and strict liability in the two deaths. In addition, the surviving members of the Boughter family filed a personal injury lawsuit. The Boughters are pleased with the settlement, and are now moving on to the healing process following the loss of their loved ones.

Bicycle Accident In Virginia Beach Leaves Cyclist Dead

Mon, 20 Apr 2009 08:00:00 EST

On Sunday morning, April 19, a Ford Explorer hit a male bicyclist traveling to the right of the lane. The bicycle accident occurred at a quarter to six in the morning near the intersection of Shore Drive and Starfish Lane in Virginia Beach, VA. The SUV was traveling east along Shore Drive when the bike was struck. The cyclist was also traveling eastbound and was struck from behind by the car when the Ford veered to the right of the lane.

The cyclist was rushed to a nearby hospital in Virginia Beach, where he was pronounced dead a few hours after arrival, at around 9 a.m. on Sunday.

Virginia Beach Police have not charged the driver of the SUV, and they have told reporters at WTKR News Channel 3 that they do not think at this time and alcohol or speeding was a factor in the fatal bike accident. However, the cyclist accident is still under investigation, according to a police spokesperson.

The identity of the biker was 54-year-old Daniel Wayne Hersh of Virginia Beach. The female driver of the SUV has not been identified. It is not known whether or not the cyclist was wearing a helmet when he was struck by the SUV or what injuries he sustained during the deadly bike crash. It is also not clear why the driver of the Ford Explorer swerved to the right of her lane in the moments before the crash took place.

Eastern Shore Fire Chief Killed While Responding To Call In Maryland

Thu, 16 Apr 2009 08:00:00 EST

The Associated Press and the Baltimore Sun report that volunteer fire chief Charles Clough, Junior, was killed in a one-vehicle accident on April 15, 2009, while responding to an emergency call. He was 41 years old. Emergency workers who responded to the crash said that the man died at the scene of the truck accident, according to a spokesman for the Queen Anne's County fire and medical emergency services, Kevin Aftung.

Clough was the commanding officer of the Sudlersville volunteer fire department in Queen Anne's County. Around 7:45 on Wednesday, the man was in a company truck and received notice of a fire in Sudlersville. While rushing to the scene of the emergency, he lost control of his vehicle, left the roadway, and struck a tree. He was the only occupant in the truck at the time of the accident. Clough, who was known to friends and family as "Buck," was responding to an appliance fire taking place on Main Street. The crash occurred on Sudlersville Cemetery Road near Duhamel Corner Road.

Clough became fire chief in January of this year and had been part of the volunteer fire department for 26 years. He had also been fire chief in past years and was re-elected to the position this year.

Governor Martin O'Malley has given the order to fly the Maryland state flag at half-mast until sunset of the day of the funeral in honor and in memory of the firefighter who fell in the line of duty.

Maryland State Delegate's Son Killed On Motorcycle By Big Rig

Tue, 14 Apr 2009 08:00:00 EST

According to The Baltimore Sun, 23-year-old Ryan Myers, the son of Maryland State Delegate LeRoy Myers, was killed in a motorcycle accident that involved with a tractor-trailer in Washington County, Maryland, late on Thursday afternoon shortly after 5:30 p.m. Police think that motorcycle speeding may have been a factor in the fatal motorcycle accident.

Myers was riding his motorcycle on Md. 63, just north of I-70, allegedly speeding. When a big rig pulled out from a truck stop parking lot and into his path heading north, driven by 62-year-old Larry Garrett, Myers skid on his bike for 300 feet and into the path of the truck. The left side of the truck ran over the man's legs. He was pronounced dead at the scene of the motorcycle accident.

Myers was riding a 2001 Yamaha motorcycle, while the truck driver was driing a 2007 Kenworth 18-wheeler.

"No one knows the pain that a family goes through at a time like this," the Myers family released in a statement. "Ryan was a precious son that only wanted to please."

The investigation is ongoing, and no charges have been filed. A viewing and funeral for Ryan Myers will be held next week at the Tri-State Fellowship Church. The family asks that in lieu of flowers, mourners can make memorial donations to Grace Academy, a school in Hagerstown, Maryland.

Maryland Woman Seriously Injured By Airplane Propeller In Stevensville

Sat, 11 Apr 2009 08:00:00 EST

The Washington Post and Annapolis Capital reported that on Sunday, April 5 at Bay Bridge Airport a woman was seriously injured by a moving airplane propeller.

Cynthia Lynn Connelly Ryan of Montgomery County allegedly walked into the moving propeller of an airplane while on the tarmac at Bay Bridge Airport in Stevensville, Maryland. The plane accident resulted in a severe head laceration for the 41-year-old woman from Silver Springs woman.

The Associated Press added that emergency workers rushed Ryan to the University of Maryland Shock Trauma center in Baltimore, where she is currently listed in fair condition. Maryland State Police Sergeant Anthony Rounds from the Centreville barracks told the media that the incident is still under investigation. It is not clear why the woman was so close to the propeller or what caused the accident itself.

Although commercial plane accidents are rare - and although it is safer to fly in a commercial plane than to drive - plane accidents, plane injuries, and plane deaths are much more common at smaller airports and involve smaller planes. In fact, there are roughly 100 small plane accidents each month across the country.

If you have been injured in a plane accident, you should speak to a plane accident injury lawyer as soon as possible. At Lewis & Tompkins, we can help you with your plane accident injury claim and fight for your rightful compensation.

Pistachio Recall Affects Maryland and Virginia

Fri, 10 Apr 2009 08:00:00 EST

In the last week, Setton Farms pistachio company has warned of a potential pistachio salmonella outbreak in both their raw and cooked nut products. In a statement from the Food & Drug Administration (FDA), the government recommended that the public not eat pistachios or pistachio products until they can confirm that the nuts did not come from Setton Farms.

In Maryland and Virginia, The Associate Press has reported that state residents should specifically avoid Wegmans' select sweets, which may contain contaminated nuts from the factory in question. The following products should be avoided: white chocolate bark with pistachio nuts, the large 8-inch raspberry custard tart, the small 3-inch raspberry custard tart, the large 8-inche pineapple almond tart, and the small 3-inch raspberry custard tart.

Salmonella is a dangerous type of food poisoning that can produce serious and even deadly infections -- especially in the very young, the very old, and the sick. Earlier this year, there was a salmonella outbreak due to peanuts that also affected those in Maryland and Virginia.

Pro Baseball Rising Star And Maryland Native Nick Adenhart Dies In Car Crash

Thu, 09 Apr 2009 08:00:00 EST

A two-car hit-and-run accident resulted in three fatalities and possible murder charges, according to ABC Channel 2 News. One of the crash victims was 22-year-old Nick Adenhart - a rookie with the Los Angeles Angels who grew up in Maryland.

The fatal car crash occurred when 22-year-old Andrew Gallo ran a stoplight at an intersection, crashing his minivan into a car containing Adenhart and three others. Adenhart was rushed to the hospital but died during surgery. Two other passengers in his car died at the scene of the accident. The driver of the minivan fled the scene on foot, but was caught by police. Gallo could face vehicular homicide charges as well as hit-and-run charges.

Adenhart was born in Silver Springs, Maryland, and lived in Baltimore during the off-season. He attended Williamsport High School in Hagerstown and trained at the B.A.T.T Academy at Glen Burnie, Maryland.

In the season opener against Oakland, and the only pro game in which he will ever play, Adenhart threw six scoreless innings.

Some Maryland Motorcycle Riders Fighting Against Mandatory Helmet Laws

Thu, 02 Apr 2009 08:00:00 EST

Each year in Annapolis, Maryland, a group of motorcycle enthusiasts petition the Maryland General Assembly to relax mandatory helmet laws for older, responsible, and educated riders. Although similar measures have failed repeatedly since 1996, motorcycle rider and Senator John Astle (Democrat) is still fighting for greater freedom for riders despite the safety concerns of helmet-free bike riding.

The proposed change would allow motorcycle riders over 21 who either have two years of licensed motorcycle experience or take an approved safety course approved by the Motorcycle Safety Foundation ride without a helmet if they wish. Those driving larger, three-wheeled motorcycles with enclosed cabs would also have the option to go without a helmet, as would motorcycle passengers.

The helmet law bill, which was heard on Tuesday by the Senate Judicial Proceedings Committee, would also require the Motor Vehicle Association to conduct more (and better) research on motorcycle accidents, motorcycle injuries, and motorcycle fatalities in Maryland.

Those who oppose the motorcycle helmet bill include medical professionals, the Maryland Sheriff's Association, and State Farm Insurance, all of whom agree that the changes in the Maryland mandatory helmet law would increase motorcycle head injuries, motorcycle fatalities, and insurance premiums. In 2007, 41 percent of the injured motorcycle riders and 53 percent of fatally injured passengers were not wearing helmets.

The opposition also pointed to other states that had changed their mandatory motorcycle helmet laws and saw dramatic increases in motorcycle accident serious injury and death.

The bill is not likely to pass.

Wrongful Death Suit Filed In Wake Of Senior Van Accident In MD

Thu, 02 Apr 2009 08:00:00 EST

According to the Maryland Herald-Mail, the van driver of a fatal May 2008 van crash is now facing three van accident injury lawsuits.

Robin Poffenberger was driving a van full of seniors to a softball tournament in Olney, Maryland, on May 21, 2008, when tragedy occurred. Poffenberger was driving on Md. Highway 66 and turning east onto I-77 when he drove in front of an oncoming 18-wheeler truck. The truck t-boned the van, killing 72-year-old Clifford Rice and injuring six other members of the Road Runner senior softball team.

According to Maryland State Police, the tractor-trailer's grill was embedded in the side of the van when emergency workers arrived.

Ruth Rice is now suing for $4 million -- $2 million for loss of income, medical expenses, her husband's pain and suffering, and funeral expenses; and a $2 million wrongful death settlement covering pain and suffering, loss of companionship, and mental anguish. The case will be heard by a jury in the Washington County Circuit Court.

Two other injured passengers, Jack Finniff and Gardner Stewart, are also filing multi-million-dollar van accident lawsuit that claims the van driver's negligence caused their severe injuries. Both men's injuries were serious enough that they were flown to the University of Maryland Shock Trauma Center in Baltimore after the van accident.

The two men are seeking compensation for medical bills, rehabilitation costs, mental and emotional anguish, injured marital relationships, and loss of society.

Small Plane Crashes In Gaithersburg, Pilot Uses Parachute

Thu, 02 Apr 2009 08:00:00 EST

The Washington Post reports that a small, four-seater plane crashed into a Montgomery County subdivision on Sunday, March 15, a quarter before two in the afternoon. The pilot of the plane parachuted to safety in the moments before the crash, while no one was injured on the ground.

The pilot, who has yet to be identified, reported mechanical problems with his Cirrus SR-22 to the Montgomery County Airpark shortly after takeoff and attempted to land back at the airport immediately. However, the plane began to lose altitude and the pilot ejected from the plane using a rocket-propelled parachute. Before leaving the plane, he set the plane on a course to crash at the entrance of the Flower Hill subdivision where he did not see any people.

The Montgomery County Fire and Emergency Medical Services reported that although there was some property damage where the plane went done, the mess was being cleaned up while FAA investigators analyzed the crash site for any remaining clues as to what caused the mechanical issues. Maryland environmental workers were also called to the plane accident crash site to clean up 100 gallons of fuel that spilled during the plane wreck. One wing of the plane clipped a delivery truck during it's crash.

Neighborhood residents reported hearing a plane in distress followed by the sound of an explosion as the plane crashed. One, Michael McCary, saw the pilot's parachute and went to help the man, who was uninjured by shaken by the crash.

Baltimore Sun Investigates Seriousness Of Brain Injuries

Thu, 02 Apr 2009 08:00:00 EST

After the sudden death of actress Natasha Richardson this month from a ski accident brain injury, the Baltimore Sun explores when brain injuries can be fatal and how brain injury accident victims can protect themselves from the worst case scenario.

Although Richardson's brain injury was considered mild, doctors in Maryland say that all brain injuries could be taken seriously, and that any brain trauma that leads to persistent pain should be immediately examined by doctors.

"There is no such thing as a mild head injury. It's a misnomer," said Vani Rao, director of the Brain Injury Program at Johns Hopkins Bayview Medical Center and a neuropsychiatrist. "Go to the emergency room immediately and get a complete evaluation."

Although three-fourths of brain injuries may not be considered serious, they can still lead to chronic symptoms, permanent disabilities, and other significant health problems days, weeks, and months after the accident. Brain injury accident victims may face sleep disturbances, cognitive issues, personality changes, headaches, memory problems, and concentration problems. These symptoms may be harder to see than a broken bone, but they can be devastating.

Bleeding in the brain can usually be detected by a CT scan - and patients often feel a headache that gets worse and not better when bleeding in the brain is seen. Even if you do not lose consciousness in the accident, your brain could be affected. Even if you are wearing a helmet, brain injuries do occur.

Falling and hitting your head is a somewhat common occurrence, and not every bump and bruise needs to be examined by a doctor. However, if you or family members notice brain injury symptoms, don't hesitate to take a trip to the nearest ER to be sure.

Fatal Truck Accident On Bay Bridge Caused By Fatigue

Thu, 02 Apr 2009 08:00:00 EST

On August 9, 2008, 19-year-old Candy Lynn Baldwin fell asleep at the wheel while crossing the Bay Bridge. Her car veered out of her lane and into the path of an oncoming tractor-trailer. The big rig, trying to avoid the accident, swerved, hit another car, and then drove through a barrier and into the Chesapeake Bay thirty feet below. The driver, who was carrying over 20,000 pounds of frozen chicken, died in the crash.

Now Maryland Transportation Authority Police are learning that more than fatigue could have played a part in the accident. Baldwin now says that she went to a wedding reception earlier in the day and also to a bar called the Iguana Cantina later in the evening with a fried. The woman admits to drinking three alcoholic beverages at the reception and at least one more at the club before getting behind the wheel.

By the time her blood alcohol content was taken at four in the morning in the hours after the wreck, it was 0.036 - under the legal limit. Still, Baldwin was charged with violating a license restriction, negligent driving, and failure to stay in her lane. She was charged almost $500 in fines.

Baldwin herself was seriously injured in the car wreck - injuring several of her internal organs and shattering both of her knees. Both women in the car had to be extracted from the vehicle by emergency workers. She fell asleep at the wheel, she says, after a long day and after getting lost on her way home from the club - they left the bar at 2 a.m. and the car and truck accident happened minutes before four in the morning.

Woman With Epilepsy Convicted Of Manslaughter After Fatal Beltway Car Accident

Thu, 02 Apr 2009 08:00:00 EST

In 2007, 28-year-old Michele Bosley blacked out while driving on the Beltway due either to her epilepsy or to her epilepsy medication. Her car crashed into the car of Kirk Mercer of Ellicott City, who died from the injuries sustained in the crash.

This week, Bosley was convicted of manslaughter and sentenced to 30 weekends in jail, 10 months of house arrest, and five years of probation. She will also not be able to drive a car during this time. No one before in Maryland has been convicted of manslaughter after a crash involving their epilepsy condition.

Bosley allegedly has a history of epilepsy-related car accidents. About 90 car accidents a year across the country are caused by epileptic seizures, while many more are caused by those having heart attacks.

In Maryland, the law states that you must be seizure-free for three months before driving if you have epilepsy, and that any medical updates be reported to the Maryland Motor Vehicle Association.

Maryland & Virginia March Product Recalls

Thu, 02 Apr 2009 08:00:00 EST

The Associated Press announced several product recalls in Maryland and Virginia this month.

· Brighton Beach Candy, produced by Golden Chocolate International, has been recalled due to trace amounts of walnuts in the food product. One allergic reaction to the candy has already been reported by a consumer with a nut allergy. The candies, which are individually wrapped in foil, was sold in retail stores across Maryland.

· Crown Farms is recalling Gulsha frozen fish, which could be contaminated with salmonella. Packages sold in August of 2008 are being recalled, although no one has become ill from the product currently. The product was sold in Virginia stores.

· Almost 1 million solar system kits and DNA kits manufactured by FloraCraft Corporation are being recalled because of the kits' dangerous lead content. The kits were sold in both Maryland and Virginia Wal-Mart, Michaels, and Hobby Lobby stores.

If you or a family member have been harmed by a defective product, you should consult an experience defective product attorney immediately.

Maryland & Virginia March Product Recalls

Thu, 02 Apr 2009 08:00:00 EST

Maryland & Virginia March Product Recalls

Thu, 02 Apr 2009 08:00:00 EST

Dangerous, Defective Chinese Drywall Found in Virginia Beach Prompts Lawsuit

Fri, 27 Feb 2009 08:00:00 EST

As more information concerning the dangerous tainted Chinese drywall comes to light, it appears that some of the defective product found its way to Virginia Beach, Virginia. America's Watchdog, a national consumer protection advocacy group, has reported that defective Chinese drywall has been found in at least 12 states, with other instances in other states still being actively investigated by the group. The product is made by Knauf Tianjin.

Over 300 pounds of the substance was brought into Florida in 2006, though authorities are still not sure how much of the product was tainted and raised health concerns.

"It's by no stretch of the imagination just in south Florida," said Thomas Martin, America's Watchdog president.

Martin estimates that the bad drywall has been installed in 10,000 homes across the country, which includes both new constructions and renovation projects. More than that, the product is still in the market and being install currently by builders across the country who are unaware of the problem.

U.S. Senator Bill Nelson, a democrat from Florida, has asked the Consumer Product Safety Commission and the Environmental Protection Agency to investigate the potential health threat posed by the defective drywall and determine whether there should be a recall of the specific type of drywall. At the same time, other lawmakers are calling for drywall to be included on a list of consumer products that must pass an existing list of health standards.

The complaints lodged against the drywall have to do with a strange odor that comes from the products as well as alleged copper corrosion. Since the discovery, China has said the odor was probably being caused by a certain rock involved in the product manufacturing process. The company has said it has stopped using materials from the mine in question. It is not clear whether or not the drywall causes health problems or is a health hazard.

However, class-action lawsuits in Florida already abound, with some families moving out of their contaminated houses and claiming that the air quality has damaged their health.

Virginia Supreme Court Denies Hospital Appeal in Medical Malpractice Case

Fri, 27 Feb 2009 08:00:00 EST

According to the Lynchburg, Virginia, News & Advance, the Virginia Supreme Court has denied an appeal by Centra Health regarding the payment of $325,000 in damages to the family of a Lynchburg man who died after being treated for a broken hip at Lynchburg General Hospital.

In the winter of 2004, 84-year-old Leonard Mullins broke his hip and went to the hospital for treatment. Although his hip was treated, an improperly maintained catheter lead to a urinary infection that took his life a few weeks later. The family's attorney argued that the hospital's staff was negligent in caring for Mullins properly and directly caused his death through their mismanagement of his catheter.

The initial trial took place in July of 2007, in which Centra claimed that the man's death was related to the man's other preexisting medical conditions, such as heart trouble, stress, and cancer. The Lynchburg Circuit Court jury ruled in favor of the Mullins family, and also ruled it a survival claim as opposed to a wrongful death claim.

In its appeal, Centra's lawyers argued that the jury was prejudiced because it heard evidence of both a wrongful death claim and a survival claim - the jury members heard both about the man's suffering and about the pain and suffering of his family.

"Centra Health posits that the award is excessive in light of the fact that the injury to be compensated was ‘a urinary tract infection which lasted eighteen days of Mr. Mullins' life - most of which he spent in a comatose state,'" wrote a Centra Health spokesperson.

Because the Virginia Supreme Court has sided with the victim, this case could affect how survival claims and wrongful death claims are tried in the future all over the state. At this point, those filing claims may not have to decide which kind of case they would like to pursue, but rather let the jury decide during deliberations.

Hit-And-Run Claims Life of College Student in Westminster, MD

Fri, 27 Feb 2009 08:00:00 EST

The Baltimore Sun reports that a 19-year-old college student was killed in a hit-and-run incident on the night of Friday, February 7, on West Main Street in Westminster, Maryland. The two-car collision happened just after 11 pm.

Local police are offering a $1,000 reward for any information regarding the vehicle that killed the student - a Ford pickup truck with an unknown driver. The truck driver, which had been involved in another minor accident minutes before, fled the scene and cannot be located.

Five college students were riding in a Chevrolet Cavalier at the time of the accident, with Thomas Rouleau dying at the scene of the accident. Three other students were transferred to the Maryland Shock Trauma Center with a number non-life-threatening injuries, while the last student was brought to the Carroll Hospital Center with minor injuries. All of the four surviving students have been treated and released from the hospital at this time. Police identified the surviving students as Megan Magee, 19, Nina Minadakis, 19, Patricia Mellott, 19, and David Arnold, 19.The students had planned to go bowling off campus that night.

Rouleau had been sitting in the left rear seat of the vehicle at the time of the crash.

According to witnesses, the Ford truck caused another minor accident while leaving its parking space minutes before the accident. The truck sped down West Main Street, plowing into the students' vehicle, which had just left the McDaniel campus. The driver of the Ford truck abandoned his vehicle and fled on foot without helping the victims or calling for help.

Despite a search by the Westminster Police Department and the Maryland State Police helicopter, the man could not be located that night.

Anyone with information about the incident is urged to call the department's main number, 410-848-4646, or the 24-hour TIPS Line, 410-857-8477.

NTSB Investigates Medical Helicopter Crashes In Light Of Deadly Maryland Accident

Fri, 27 Feb 2009 08:00:00 EST

The Washington Post reports that the National Transportation Safety Board will begin an investigation of the spike in medical helicopter/ airlifting fatalities across the nation last year. The Washington, DC, hearing will last four days and focus on the 29 deaths in 13 different emergency helicopter crashes in 2008. A medic helicopter crash in Maryland that killed four people will be highlighted during the questioning and investigation.

In September of 2008, Maryland Trooper 2 crashed while carrying two teens injured in a car wreck. Only one emergency worker survived the crash - Jordan Wells. He will be attending the four-day talks and voicing his opinion during the event.

The questioning will include interviews with 40 witnesses and experts, ranging from Federal Aviation Administration (FAA) officers, helicopter pilots, private medical helicopter operators, and others in the industry.

"The recent accident record is alarming, and it is unacceptable," said NTSB board member Robert L. Sumwalt, chairman of the hearing.

The board believes the crashes may be connected to the fact that federal regulations are comparatively lax for medical helicopters as opposed to the rules that commercial planes and helicopters must follow.

One day of questioning will focus on Maryland's approach to medical airlifting, as it uses a state-funded medical helicopter system that is run by the Maryland State Police, while many other states use private medical helicopter companies.

The largest concern was that the FAA had not tightened restrictions as recommended two years by the safety board - it remains, for instance, that there are different, inconsistent regulations depending on whether or not a patient is being transported. There are also no flight risk evaluation programs or other formalized procedures. There is also no requirements for terrain awareness systems or warning systems - two things that could save lives and prevent future helicopter crashes.

The NTSB put forth that almost half of the crashes that have taken place since January of 2005 could have been prevented had the FAA established the above safety regulations.

Wal-Mart Pharmacy Settles Wrongful Death Lawsuit Involving Maryland Man

Fri, 27 Feb 2009 08:00:00 EST

According to WJZ.com and the Associated Press, an Elkton, Maryland family has reached a settlement with Wal-Mart regarding the wrongful death of a Wal-Mart Pharmacy customer. The lawsuit claims that a man died in direct result of a prescription medicine mix-up in which an elderly man was given the drugs of someone else. The incident took place in Cecil County in the spring of 2007.

North East, Maryland, resident 6-year-old George Smith became ill after taking someone else's prescription medications for over a week in March of 2007. His condition worsened and the man died at Union Hospital in Elkton after the incident. The man's two adult children sued the superstore a year later for $3 million in emotional suffering damages.

This week, on Monday, February 2, 2009, the Smiths' attorney announced that the family and Wal-Mart had reached a favorable and private sealed lawsuit settlement regarding the personal injury victim, the details of which have been sealed by a Baltimore judge. Wal-Mart is the country's leading retailer.

Wal-Mart is also involved in litigation surrounding the Black Friday trampling death of one of its contact workers. In this wrongful death case, family members are suing after their son was used as temporary staff during the holiday season at Wal-Mart. During the Black Friday sale, the man was crushed as doors opened and shoppers attempted to take advantage of the one-day deals. Authorities estimate that 2,000 people stepped on the man's downed body during the personal injury incident that led to his death. The family is suing the mall, the Wal-Mart, and the temporary staffing agency with recklessness, gross negligence, and disregard for safety. The family points a lack of safety barriers and security guards during an event that the store owners should have known would attract thousands of frantic holiday shoppers.

Truck Crash Kills One, Shuts Down I-95

Mon, 09 Feb 2009 08:00:00 EST

The Baltimore Sun reports that an afternoon truck accident shut down all four northbound lanes of I-95 as well as two southbound lanes for roughly five hours near Washington Boulevard.

According to the Maryland Transportation Authority Police, a couple driving an 18-wheeler lost control of their vehicle and jackknifed. The accident caused the big rig to catch fire and involved several other vehicles that were unable to avoid the wreckage. The fire took emergency workers 25 minutes to extinguish.

The woman, who was the passenger in the tractor-trailer, was trapped in the cab of the truck and died in the fire. The husband, who was the driver, managed to escape. The others involved in the crash suffered only minor injuries. Although there were some winter weather conditions, the actual cause of the accident is unknown, since there did not seem to be ice on the road at the time of the crash.

The truck was carrying frozen chicken products from a Purdue plant in Florida a the time of the accident.

February Defective Product Recalls

Mon, 09 Feb 2009 08:00:00 EST

Although we often assume that the products we buy and use in our homes have been tested for safety issues, dozens of defective products are recalled each month because they poses a risk to users. Are you familiar with the most recent recalls?

· The US Consumer Product Safety Commission has reported a recall for the Land of Nod Cottage Bunk Beds. These beds have defective railings that may cause children to fall from their beds and injure themselves.

· Intermatic has recalled over 200,000 of their heavy duty timers, which have a faulty ground connection and could seriously shock users.

· Mavic USA has recalled roughly 12,000 bike rims that have the potential to cause a crash hazard due to weak front wheel spokes. There has been one injury report that involved a biker breaking his teeth after a crash due to the faulty rims.

· Playland International has recalled 700 swing sets that pose a fall risk to children using the structure. The top bar of the structure may fall on children or by-standers. One child has received a head injury from a falling bar.

Cyclist and pedestrian safety in a car biased world

Sat, 24 Jan 2009 08:00:00 EST

The piece in today’s Inquirer about the Ghost Bike movement brings to mind a lot of items that I’ve been reading on sites like Streetsblog (NY), Greater Greater Washington (DC), Philadelphia Bicycle News (Philly, of course) and elsewhere that attention is called on a regular basis to the difficulties of cyclists and walkers in this auto dominated world.

Often times, stories about cyclist fatalities are reported in short blurbs in the briefs section of the local papers. As PBN says, that’s if the story even gets reported at all:

For more information, follow the link below.

Wheel Flies Off Truck, Kills Pregnant Woman

Fri, 23 Jan 2009 08:00:00 EST

It might have come to rest on the shoulder or settled beside a guardrail, harming no one, barely noticed.

But the wheel that somehow fell off a truck being towed Wednesday on the Capital Beltway's outer loop bounced wildly. It crossed the median, struck the grill of a tractor-trailer and ricocheted back across two shoulders and three travel lanes before landing on Channing M. Quinichett's Honda Civic.

For more information, follow the link below.

Chain-Reaction Crash Injures 12 on I-270

Fri, 23 Jan 2009 08:00:00 EST

Isolated patches of ice sent traffic into a tailspin along southbound Interstate 270 in Montgomery County yesterday when a 10-car pileup temporarily closed the highway during the morning rush.

For more information, follow the link below.

Fair Pay Legislation Passes Senate

Fri, 23 Jan 2009 08:00:00 EST

The Senate recently passed the Lilly Ledbetter law into effect, and we view that as a cause for celebration.

For those of you who don’t know, Lilly Ledbetter was a woman who, unbeknownst to her, was receiving less pay at her job than her male counterparts over a period of years.

When she finally found out, she filed a lawsuit. The suit went all the way up the judicial ladder to the Supreme Court, where they ruled against her suit on the grounds that the statute of limitations had run out on her claim by the time that she filed it. We viewed that decision as patently absurd.

Although we specialize in helping the injured, we surely recognize injustice when we see it, and the Senate’s decision to pass a law to rectify this situation is worthy of applause. We look forward to President Obama signing the bill into law.

If you or a loved one has been injured in an accident, contact Lewis and Tompkins for a free legal consultation today.

Woman With 3 Kids in Car Charged with Drunk Driving After Crash

Wed, 21 Jan 2009 08:00:00 EST

WASHINGTON - D.C. police have arrested a woman on suspicion of drunk driving after she crashed into a tree while allegedly fleeing from another accident scene. She had three children inside her vehicle, police said.

Investigators believe the driver took off after hitting a pedestrian in front of Iverson Mall in Temple Hills about 1 p.m. Monday. The driver's vehicle allegedly hit another vehicle before crashing on South Capitol Street near Southern Avenue.

For more information, follow the link below.

Huge crowd, deep cold cause few problems at Obama inauguration

Wed, 21 Jan 2009 08:00:00 EST

Up to 2 million people filled the National Mall from the Capitol to beyond the World War II monument, perhaps the largest crowd ever gathered in the nation's capital. Outside of one accident in a train station -- which had a happy ending -- there were no major problems and few minor ones.

For more information, follow the link below.

DC Gets the Inauguration Right

Wed, 21 Jan 2009 08:00:00 EST

The Inauguration of Barack Obama is now over, and the 1.2 million people who flooded into our hometown are now gone. The Mall has been cleaned up, the Hotels are back to having rooms available, and D.C. can now go back to what passes for normal around here.

While the inauguration was amazing enough, what strikes us as even more important was that nobody got hurt.

Car accidents and pedestrian accidents happen in DC constantly, and they happen whether Congress is in session or not, or if the President is in town or not, or if the Supreme Court is in session or not, or if the Wizards, Capitals, or Nationals are in town or not.

The fact that so many people were in town and there were no reported car wrecks and no reported pedestrian accidents is a testament to how well planned the ceremony was. Everyone involved should be proud of themselves.

Drivers Using Cell Phones Cause Accidents; David Tompkins interviewed on WUSA9

Mon, 12 Jan 2009 08:00:00 EST

David Tompkins, partner at Lewis & Tompkins was interviewed by WUSA9 news on the safety of drivers using cell phones. Talking on a cell phone or texting while driving in Washington, DC is illegal. Watch the video below for more information:

Accident at Car Wash Sends Van Into Building

Sat, 03 Jan 2009 08:00:00 EST

A van hit two workers in a freak accident at a Washington, D.C. car wash Tuesday. It happened around 1:00 pm at the Mr. Wash on 13th Street Northwest near N Street.

For more information, follow the link below.

Ride-On Accident in Takoma Park, Montgomery County, Maryland

Fri, 02 Jan 2009 08:00:00 EST

A two car collision occurred in Montgomery County, Maryland injured 4. The Ride-On bus was determined not to be at fault. The collision occurred when a vehicle turned left in front of the bus without yielding the right of way.

Accidents kill 830,000 children each year: WHO

Sun, 14 Dec 2008 08:00:00 EST

LONDON (Reuters) - Car crashes, drownings and other accidents kill 830,000 children worldwide each year, a surprisingly large figure that marks a growing but often ignored problem, the World Health Organization said on Wednesday.

The report, compiled using information from 200 experts around the world, is the first to assess the global scale of the problem and seeks to spur public health and development groups into action, officials said.

For more information, follow the link below.

Pilot's Family in Travis Barker Plane Crash Speaks Out

Sun, 14 Dec 2008 08:00:00 EST

The family of James Bland, one of two Learjet pilots who died in the crash involving Travis Barker and DJ AM, is confident the pilots weren't at fault despite accusations they were poorly trained.

"We know the investigation will eventually show they weren't negligent," Bland's younger sister, Laura Martz, 47, tells PEOPLE. "James took piloting very seriously. If he felt the plane wasn't maintained properly, he would've refused to fly that day."

For more information, follow the link below.

Safety Inspections for Your Car are NOT Optional

Sun, 14 Dec 2008 08:00:00 EST

Yes, getting your car inspected every year is time consuming. And yes, getting your car inspected can be expensive, especially if it turns out that your car needs several things repaired in order for it to pass.

But how would you feel if you caused an accident or, even worse, caused someone to get seriously hurt because you didn’t bother to get your car inspected? What if your brakes fail? What if your horn doesn’t work? What if your tires aren’t good enough? What if your blinkers don’t work?

A better way to look at it would be to reverse that situation. What if you got hit by a driver who didn’t bother to have his car inspected? Or didn’t bother to fix what was wrong?

In Maryland, Virginia and D.C., getting your car inspected is the law. Don’t put it off and don’t delay getting needed repairs.

As always, if you or a loved one has been injured in a car accident in the D.C. area, contact the law offices of Lewis and Tompkins for a free legal consultation today.

Va. Thanksgiving traffic death total lowest since '03

Tue, 09 Dec 2008 08:00:00 EST

Despite the death of a man struck by a car in Woodbridge this weekend, traffic deaths across the commonwealth during the Thanksgiving holiday were the lowest in five years.

Nine people died on Virginia highways during the state's statistical Thanksgiving travel period, from Nov. 26 through Nov. 30. This marks the lowest fatality rate since 2002.

For more information, follow the link below.

D.C. Settles Wrongful Death Lawsuit

Tue, 09 Dec 2008 08:00:00 EST

WASHINGTON - The American Civil Liberties Union says it has helped reach a settlement in a wrongful death lawsuit it filed on behalf of the mother of a quadriplegic man who died while custody of the D.C. jail.

For more information, follow the link below.

Insurance Companies are Soaking the Poor

Tue, 09 Dec 2008 08:00:00 EST

As much as we like to talk about how bad credit can happen to anyone, the truth of it is that for the most part bad credit happens to people who are already poor.

If you stop for a second and think about all the ways in which poor people are taken advantage of, from everything to high interest rates to those scam payday loan places, you start to realize that the deck is truly stacked against those who arent making near six figures a year.

So it isnt much of a surprise that insurance companies raise their rates based not on the individuals driving record, but their credit history. This is perfectly absurd. A person could have a spotless driving record with no tickets or accidents, yet will still pay astronomical rates if he happens to have come into money troubles.

This is profoundly unfair. A persons insurance rates should be based on his or her performance behind the wheel above every other factor.

Read this article from Kansas City for more information.

Maryland's medevac helicopter program is imperfect but invaluable.

Sat, 29 Nov 2008 08:00:00 EST

MARYLAND'S RESCUE helicopter system is a national model, admired for its sterling safety record and quick response to accidents. But it may be abolished if some state lawmakers get their way. A September crash that killed four people in Prince George's County has brought intense scrutiny to Maryland's helicopter-based medical evacuation system, the only state-run air ambulance program in the country. Critics say the program would operate more safely cost-effectively if it were privatized. Supporters counter, and we agree, that medevac shortens the time it takes for patients to get treatment and shouldn't be scrapped.

For more information, follow the link below.

Travis Barker Sues Plane and Tire Companies

Mon, 24 Nov 2008 08:00:00 EST

Travis Barker is suing Bombardier Inc., Clay Lacy Aviation and Goodyear Tire and Rubber in connection with the plane crash that severely injured him and killed two of his friends.

For more information, follow the link below.

Mother, Police Seek Answers in Marine's Hit-and-run Death

Mon, 24 Nov 2008 08:00:00 EST

ARLINGTON - Arlington police are asking witnesses to come forward in the death of a Marine who was likely the victim of a hit-and-run crash on Route 110.

Investigators believe Maddison Peterson, 22, a Marine stationed in D.C., was struck by at least two vehicles before someone called police.

For more information, follow the link below.

Insurance Company Ratings

Mon, 24 Nov 2008 08:00:00 EST

For those of you who are looking for realistic grading of insurance company performance, take a good look at how AM Best does business.

AM Best is an information provider that provides ratings and analysis about insurance companies, and the analysis is not based on just the profitability of the companies, but rather their ability and willingness to promptly and fully pay claims.

This seems to be one of the better was to hunt for a good insurance policy.

www.ambest.com

If you have been injured in a car accident in the DC area, contact Lewis and Tompkins for a free legal consultation today.

Personal Injury Protection is Crucial

Thu, 20 Nov 2008 08:00:00 EST

There is a perfectly logical tendency among Americans to cut back on their insurance coverage once they have paid off their cars.

It makes sense. Why continue to pay for total coverage when the overall value of the car is worth less than the cost of repairs?

But when you have your car paid off, and when you call your insurance company to cut your coverage back down to simple liability coverage, you should make sure that you still have Personal Injury Protection (PIP).

PIP coverage will protect your finances in the event that you get into an accident and are found liable. This is truly a smart way for you to cover yourself. If you reduce the amount of your coverage, MAKE SURE that you still have PIP.

If you have been injured in a DC car accident, contact the law offices of Lewis and Tompkins for a free legal consultation today.

Police officer acquitted in deadly Beltway accident

Thu, 20 Nov 2008 08:00:00 EST

LEONARDTOWN, Md. -- A judge has acquitted a local police officer involved in a deadly seven-car crash on the Beltway in May of 2007, NBC4 reports.

Prince George's County Officer Scott Campbell was charged with two counts of vehicular manslaughter in connection with the crash that killed Kevin McCarter and Sidney Clanton in Forestville.

Fifteen people were also hurt in the crash

For more information, follow the link below.

Woman struck in work zone to get $250K

Thu, 20 Nov 2008 08:00:00 EST

A woman who was hit by a car while illegally crossing the street in an Arbutus traffic construction zone will receive $250,000 as part of a high-low agreement after a jury found a general contractor not liable for her injuries.

Sandra Lee Meade was awarded the agreement’s “low” from Dick Corp. on Nov. 5 following a six-day trial in Baltimore County Circuit Court. A jury found Dick Corp. negligent but not responsible in Meade’s accident. Judge Susan Souder then awarded Meade the judgment.

Uninsured Motorist Coverages for Taxicabs in the District of Columbia

Mon, 17 Nov 2008 08:00:00 EST

Did you know that the taxi you get into every day in the District of Columbia has less insurance than any other car on the road? Its true. Our firm represents many taxicab drivers who have been injured on the road by the negligence of other motorists. Unfortunately, taxicabs cannot carry the basic insurance coverages necessary to protect their occupants from financial harm.

Somehow, years ago, the D.C. Government allowed a loophole to let taxicabs carry substantially less insurance than any other car on the road.

Every private car in that drives in the District of Columbia must carry a minimum of $25,000 in liability insurance for each person, $50,000 in coverage per accident. That liability insurance must also cover accidents caused by uninsured motorists. In D.C., forty percent of the vehicles on the road do not have insurance! Because of that, the D.C. Law requires each vehicle to carry uninsured motorist coverages. (see our Frequently Asked Question about Uninsured Motorist Coverages.)

Taxicabs cannot carry uninsured motorist coverages. Why? Good question. There is absolutely no defensible reason why taxicabs should carry less insurance than any other car on the road. The only insurance companies that sell taxicab insurance do not provide uninsured motorist coverages, which means that it is not even available in D.C. Taxicabs also cannot carry medical expense coverages or Personal Injury Protection.

I have been working with the D.C. Government to fix this situation. I intend to make taxicab coverages mirror at least what other cars must carry. With some help from the D.C. Council, the District Insurance Commissioner and the Taxicab Commission, I hope to help protect taxicab drivers and the general public from this loophole in the law that makes taxicabs carry less insurance than other cars.

Fraternity and Sorority Deaths Continue to Plague Colleges in America

Mon, 17 Nov 2008 08:00:00 EST

As a college student, I was a member of the Lambda Chi Alpha fraternity at Northeast Missouri State University. Our chapter, at the time I joined was new, small and struggling. We did had an idea: What if we did the fraternity-thing differently? We changed how a fraternity worked. We never hazed our new members, we focused on academics, and pushed our members to be active on campus, campus government, campus media, athletics, etc. We got rid of fraternity provided alcohol. What happened to our chapter? It grew three-fold. We had the highest organization GPA for three years. Our members were the president of the student activities bureau, the editor of the school newspaper, the dj's on the school radio -- and the football team place-kicker. Why did I choose this topic to write about this week? Because I read another tragic story about a life lost at a fraternity house attributed to alcohol abuse and hazing. This under-21 student, at his social fraternity house, drank entirely too much alcohol and died. I wish there was a more heroic element to this story, but there isn't. This wasn't an accident. The "game" is to get the pledges as drunk as possible as fast as possible. Hazing deaths, to me, are very tragic. Pledges want to fit in, upperclassmen want to entertain themselves, alcohol and drugs are being experimented with, and someone dies. The "someone" is always someone's child, someone's best friend, someone's brother or sister. The "someone" is always a bright, ambitious college student -- one of America's future leaders. In college, I tried to change the hazing/fraternity system from the inside. Working with the administration of my college, I worked to get "keg parties" banned so that fraternities were not providing alcohol to underage kids. I worked to abolish fraternity "little sister" organizations, which history and experience has shown leads to more alcohol problems and sexual abuse. Now, I am a trial lawyer. Now I try to change the system another way. Those responsible for these tragic deaths will be held to account for their wrong doing. What hazing deaths are now treated as manslaughter. Good. It should. Forcing a kid to drink until he passes out and then "sleeps it off" in the trunk of a car causing his death is murder. The corporate organizations that employ hundreds of people have an interest in keeping the "alumni" donating money. These organization profess to limit alcohol in their chapters, but are shocked to learn that drinking occurrs at fraternity parties. I will continue to pursue those responsible for hazing deaths and serious injuries to account for their actions. It is possible to live up to fraternal ideals. These organizations simply need to be encouraged to do so.

Myth of Excessive Jury Awards

Mon, 17 Nov 2008 08:00:00 EST

WRONGLY BLAMES JURIES FOR EXCESSIVE AWARDS Here we go again, another misled op-ed columnist needs to fill column inches and goes for the easy out -- criticizing the legal system. The editorial staff at the D.C. Examiner takes the odd event - a large jury award - to say "the system is broken" and then go on to advocate the "corporate interest line" that the best way to fix things are to limit your rights. The editors seem to think it is wrong that a person can collect for damages caused by corporate malfeasance when they were not wearing their seatbelts, whether or not a seatbelt would have saved a person's life. The law in many places states that not wearing your seat-belt is not negligence. Perhaps not a good idea, but not negligence. So, instead of advocating for a change in the law to inform jurors of when a person is wearing a seatbelt (or not), they want to limit your ability to pay for your damages. Do you see the difference? Instead of saying, "the solution to the problem is to give jurys more information" the corporate world says, "limit the jury's ability to do its job of finding damages." This is a BIG difference, and states their priorities. For the cases they cite, the decedents were all young heads of household. Who is going to pay for the losses to those families. If the corporate wrong-doer does not pay, who does? The victim pays, but so do taxpayers in the form of welfare, healthcare costs, and so on. Why do corporate wrong-doers deserve such a tax subsidy? Because they pay lobbyists to bribe your congressmen or bully editors at local newspapers to write these obnoxious, ill-informed essays. The same people who fight tooth-and-nail to execute criminals as fast as possible, and trust juries to set that punishment, complain that juries are not capable of making a rational decision after hearing evidence of the impact a death or seriously disabling injury can have on a family. Those same people don't trust a jury to decide how much a person's life is worth, and how much it will cost to replace that life. Those same people also forget that the law provides for a mechanism to reduce damage awards that are excessive. I guess the judge on the case is also incapable of making an informed decision? Who is? The editors at the Examiner?

Courts Should Use Technology More

Mon, 17 Nov 2008 08:00:00 EST

In a recent web-news article, criticism has been leveled against D.C. Superior Court's new electronic case management system. Our firm uses technology to manage its cases, and we believe that everyone, including the Courts, should as well.

Our site has links to the electronic case mananagement systems we frequently are required to use. My experience as a litigator is that these electronic case management systems are excellent. While learning anything new can be a little frustrating, the ability to electronically file documents with the court, as well as check the date and time of the filing, is very helpful.

Electronic filing simply requires an attorney, rather than photocopy and mail or deliver a document to the court, to scan a document and upload that document to the court. This saves a tremendous amount of time and money. No more paper copies, no more postage, no more courier fees, and no more waiting in line at the clerk's office.

Electronic filing also allows for easier searching of a court docket entry for missing filings. Don't believe that lawyer filed that motion? Go to the docket and find out. You don't have to make a special trip to the clerk's office, wait for the clerk to look around for the file, and then flip pages to find the entry.

I commend D.C. Superior Court for looking to the future and pushing electronic filing.

Taxi Cab Meters Coming?

Mon, 17 Nov 2008 08:00:00 EST

It appears that Congress, in its paternalistic view, now has an opinion as to how the District of Columbia should handle its taxi cabs. According to NBC 4, Congress has passed a law that will require metered taxi cabs, and abolition of the zone system, within one year. Lewis & Tompkins, PC has long represented taxi drivers both in personal injury matters and before the D.C. City Council on matters relating to taxi cab business and insurance. While we do not have a strong opinion on whether taxis should have meters or use the zone system. What concerns us is the very vibrant, dynamic and entrepreneural spirit that makes D.C. taxi drivers unique in America. Most taxi drivers are independent owner/operators. Most taxi drivers are self employed. Many taxi drivers work other jobs and supplement their income by hacking. We worry that making meters required will drive many of these part-time or self-employed drivers out of work. Meters are expensive, and expensive to maintain. Most part time drivers can not afford a large capital expense to install a meter. We also worry that meters may lead to the consolidation of all taxi cabs into large, undemocratic corporations to the detriment of the taxi drivers. It would be a shame to make a unique and exciting part of the city just another part of corporate America, making self-employed entrepreneurs just another wage-slave. We also resent the attitude of Congress when it imposes these very imposing their federal priorities on what is a very local issue. The D.C. Council has been looking at issues relating to taxi cabs more often, and have heard from their consitiuents, something Congress refuses to do on this issue. There were no committee hearings on how this "attachment" to an appropriations bill would affect our independent operator cab drivers in the District. Frankly, Congress does not care. Congressional representatives are all commuters, not residents who must live with the consequences of this type of legislation.

Most Medical Malpractice Claims Close With NO Payment to Victims

Mon, 17 Nov 2008 08:00:00 EST

A study by the Justice Department's Bureau of Justice Statistics found that the majority of medical malpractice claims were closed without payment to those claiming injuries. The study assessed claims from seven states identified as having comprehensive medical malpractice insurance claims databases. In the states of ME, MO and NV, only one-third of the malpractice claims closed resulted in a payout. You can read the article in the Insurance Journal here: http://www.insurancejournal.com/news/national/2007/03/26/78097.htm As always, doctors want to cry that paying malpractice claims are driving them "out of state" or out of business. Yet, the Insurance Industry, and George W. Bush's Justice Department (now featuring only crony Attorney Generals) have found the facts don't back up their insurance industry propoganda. Remember these facts when politicians want to take away your rights, even if you don't think you will need them. The so-called crisis is false. Doctors and insurance companies are making more money than EVER. Don't give up your rights just to make them more rich and you less free.

D.C. Solicitation Bill Gets Enforcement

Mon, 17 Nov 2008 08:00:00 EST

In 2006, the D.C. Council passed legislation making it a crime for anyone to solicit business for lawyers or medical providers. This bill was aimed at so-called "runners" who would call or visit car accident victims, medical malpractice victims, or other other negligence victims and market for attorneys. These runners were paid to refer cases to lawyers. The entire system was a little seedy. The City Council heard testimony that some runners were very aggressive and engage in really questionable conduct. The DC Dept of Insurance is now actively investigating lawyers who are contacting by phone or in person, people who have recently been in accidents. Several specific complaints are currently under active investigation. And they are looking for more cases to bring, which will be referred to the U.S. Attorney's Office for prosecution. If you have been called by a runner, you can report the behavior to the D.C. Government here:http://www.disb.dc.gov/disr/cwp/view,a,1299,q,632362.asp. I have my issues with this legislation. First, the D.C. Bar is a branch of the D.C. Judiciary, and is governed by the D.C. Court of Appeals. Last year, the D.C. Court of Appeals amended the Rules of Professional Conduct to punish the lawyers that use runners. As a self regulating profession, I believe this is the way to handle things. The D.C. Home Rule Act does not allow the D.C. Council to manipulate or regulate how the Courts or Attorneys govern themselves professionally. Second, I don't like runners. They are scum. They use really nasty tactics to get clients, like bad-mouthing other lawyers (slander, really), making false promises regarding the merits of cases, and just about anything to get the prospective client to sign with the "runner's lawyer." Most of these runners would like to think of themselves as attorneys, but they give incorrect legal advice frequently. These runners are not regulated in any way. The way to handle this is to cut off the ability for lawyers to pay for referrals, which is exactly what the D.C. Court of Appeals did. Lastly, the proponents of this bill are two -- the insurance industry, who cried to the D.C. Council that they have to pay claims; and the big money, big advertising firms, who spend a fortune to have ads on cable TV during the day and placards on the tops of taxicabs in D.C. This is simply an anti-competitive issue for these groups, and the D.C. Council took their money and did their bidding. So, for now, report all runners that call, and let's see if we can put an end to this practice.

Insurance Company Tactics That Cost Us All

Mon, 17 Nov 2008 08:00:00 EST

Yesterday, I got a visit from a former client of Harry Lewis. By former, I mean thirty years ago! This gentleman was a nice guy, not very intelligent, worked hard, but struggled to keep things together. This gentleman had been hit riding his bicyle to work by a Nationwide insured driver. The client went over the handlebars and smashed his face into the pavement. He was wearing a helmet, but it did not help him. The client went to the emergency room, was x-rayed and released with advice to follow up with an orthopaedist. He was pretty banged up, and probably had a fractured scapula. The next day, he got a call from a "helpful" Nationwide adjuster, who told him he would take care of him, get him a new bike ($150.00), and pay him $3,000.00 for his trouble. The client was taken in by the "nice" and "helpful" adjuster and, long story short, accepted $3,000.00 and signed a general release. He was told that would take care of everything. Here's the problem: The client has no health insurance (not that it matters, health insurance and Medicaid/Medicare will subrogate) and has, from the hospital, over $3,000.00 in medical bills. When our client got the bill a few days later, he panicked and sent the entire $3,000.00 to the hospital. Now what? This guy has no insurance, needs more treatment, and still has bills to pay. He's missing lots of work. His rent is behind now. He comes to see me. I tell him, "you've got 14 days to rescind the release, but you have to pay the $3,000.00 back." "I don't have it, the hospital does," he tells me. This man does not have $3,000.00 laying around in a bank account. He can't reach his "home equity line of credit" for the money, the guy is what politicians would call the "working poor." Now the hospital balance won't get paid either, probably. Nationwide, in this case, did a good job for its admittedly negligent driver. It got a release for $3,000.00. It pays no more. But that does not mean reality has changed. My client will need more medical treatment, and who will pay? My client? It is not his fault some idiot didn't stop at a stop sign. Medicare? Why should taxpayers subsidize Nationwide? The behavior of Nationwide fits the insurance company/Republican rationalization. They want everyone to believe there is a level playing field. They want everyone to beleive that everyone is a rational actor, and everyone has the same educational level, experience, and training. That is not reality. What happened to this client: a sophisticated/trained insurance adjuster convinced an uneducated, unsophisticated victim, who is hurt and needing substantial medical care, to accept $3,000.00 to pay for medical expenses, lost wages and other damages. Oh, and $150.00 for a new bike. This adjuster made my client think he was being taken care of, when in reality he was being taken advantage of by the insurance industry. Now, my client, because he signed away his rights, will have to struggle to get back to normal. He'll probably miss some rent payments, miss paying some doctors, and get some unemployment. Look who else is losing out -- a landlord, a doctor, and some taxpayers. All because Nationwide wants a quick, cheap out for its insured, rather than stepping up and paying for the damage done. The Republican/insurance industry apologists will blame my client. "It's his fault for not looking out for himself," they will say. Well, Katrina taught us how quickly we can all be at the mercy of the insurance industry, including the Republican/insurance industrym apologists themselves.

Taxi Meters Still on Mayor Fenty's Agenda

Mon, 17 Nov 2008 08:00:00 EST

A new study has shown that taxi meters are basically a wash for cab drivers in DC, with shorter downtown runs having lower fares, and longer, cross town runs having higher fares. Mayor Fenty and the D.C. Taxi Commission have to make a decision now, whether to stand up to Congress and defy the "meter mandate" or to stick up for the many small businessmen who drive us around the city all the time. It seems that poor people, taxi drivers and the elderly all seem to favor the set fare zone system -- with no increased fares for traffic or detours. It also seems that rich, downtown Hill/Lawyer/Lobbyist/Corporate wonks want to save fifty cents on each fare. Our office has represented cab drivers for nearly fifty years now, and we have seen the meter issue come and go repeatedly. Now it seems it may actually happen.

Two Washington D.C. Area Students Shot In Delaware State School Shooting

Mon, 17 Nov 2008 08:00:00 EST

Coming on the all to familiar heels of the Virginia Tech shooting, the Delaware State incident brings college campus security problems back in the public light. The two students shot in this incident, one male and one female, both have ties to the Washington D.C. area.

Perhaps these two students should have chosen to go to Georgetown, George Washington, or George Mason. In any event, the tragic event has sent shock waves throughout the Delaware community and brought national attention to the question of what is happening on our college campuses.

Many of us have been to college or at least visited college campus. How can a place of higher learning, usually so quaint and innocent, become the ground zero for some maniac? It looks like admission committees will be looking for red flags more closely when admitting students.

Any thoughts?

Larry

Not even the lizard can help this kid.

Mon, 17 Nov 2008 08:00:00 EST

A Canadian teenager with a horrible driving record just got his insurance bill. Now he has to ask his parents for a six figure increase in his allowance. For more information, follow the link below. http://www.canada.com/edmontonjournal/news/story.html?id=9d92d4fe-1c61-4364-ac54-b61e31a34e50&k=47030

Serious car accident on I-270

Mon, 17 Nov 2008 08:00:00 EST

A trash hauling truck struck a passenger vehicle on I-270. The two occupants of the vehicle, a man and a woman, were pinned under the back two wheels of the tractor trailor.

While they survived, both passengers of the vehicle sustained serious personal injuries, including neck and back injuries. There were taken by amublance to the hospital. In Montgomery County, Maryland, these victims will probably need the assistance of an experienced personal injury attorney, like us, to assist them when the trucking company says they were not hurt when the truck landed on top of them!

Attention Taxi Drivers Who Live in Maryland

Mon, 17 Nov 2008 08:00:00 EST

The Maryland Court of Appeals ruled in Nasseri v. Geico that Taxi-Cab drivers are eligible for Maryland PIP on their own vehicles when involved in an automobile accident. In Nasseri, the plaintiff taxicab driver collided with another vehicle in Montgomery County. In Maryland taxicabs are not required to maintain the minimum PIP coverage on cabs. In the District Of Columbia, PIP coverages are not offered to taxicab drivers. The Court ruled that GEICO's policy exclusion was not permitted by Section 19-505 of the Insurance article of the Maryland Code and thus was invalid and unenforceable. What you need to know: 1) If you are a taxicab driver and you live in Maryland, and 2) you are involved in an automobile collision in Maryland, the District of Columbia or Virginia, and 3) you own a vehicle that has insurance, or 4) you do not own a vehicle but live with a relative that owns a vehicle that has an insurance, then You are eligible for PIP coverages for injuries sustained in the accident. PIP will pay 85% of your lost wages and all of your medical bills up to the policy limit. The minimal policy limit for Maryland PIP is $2,500.00.

Allstate Insurance Practices

Mon, 17 Nov 2008 08:00:00 EST

How important is profit making to Allstate? Important enough for Allstate to hire a consulting firm, McKinsey & Co, to re-design their policies, methods and claims procedures that set up a claims payment system that shortchanges injured victims in automobile claims while earning big profits. The McKinsey documents, about 12,500 pages, is the Allstate Bible on how to amass large profits at the expense of its own policyholders.

How important is it to Allstate to hide their bad faith claims practices? Important enough to pay $25,000 a day in contempt charges for refusing to provide these records under Court subpoena in Missouri. That fine is now over $ 3 million and growing.

That is why the Florida Insurance Commissioner Kevin McCarty has suspended the authority of Allstate to sell new auto insurance policies in the State of Florida. The sanction is due to the fact that Allstate is refusing to provide records to the Insurance Commissioner. McCarty stated, "If Allstate is willing to pay $25,000 per day in fines to a Missouri Court for its ongoing failure to provide similar documents, it's obvious to me that it will take more than a monetary sanction to get them to comply with our subpoena."

If Allstate simply paid their policyholders in Uninsured Motorist Bodily Injury and Uninsured Motorist Property Damage cases, as they promise, there would be no need for the strategies and procedures that are outlined in the McKinsey documents.

The reposts show Allstate would sve $700 million (and boost shareholder value) by delaying and denying policy-holder claims -- for any reason or no reason. Allstate should be like and alligator, the McKinsey reports state. Allstate should "sit and wait" in the hope of frustrating claimants so they would accept less or simply give up their claims and go away. If they don't, attack and drag them under. How's that for "good hands?"

If you or the driver of the vehicle involved in your car accident have Allstate, you are NOT in good hands. Hire an attorney immediately to protect your rights and get you the compensation you deserve.

New Law Requires Insurance Companies in Maryland to Act in Good Faith

Mon, 17 Nov 2008 08:00:00 EST

Under a newly enacted statute, insurance companies must act in "good faith" in dealing with property and casualty (car accident) claims. "Good faith" is "an informed judgment based on honesty and diligence supported by evidence the insured know or should have known at the time the insurer made a decision on a claim."

Insurance Companies have a duty:

*To promptly investigate your claim

*Communicate regularly with you regarding the status of your claim

*Promplty pay you any undisputed portion of claim

*Provide a prompt and reasonable explanation of any claim denial or offer compromise settlement.

Maryland has now joined more than thirty States in extending first-party bad faith recovery to those injured in car accidents as well as those that have sustained damage to their property (automobile and home).

Over time, Insurance companies will be less likely to require plaintiffs to go through a trial to recover the money they deserve in the first place.

So what do you do when an insurance company does not act in good faith?

Before this new law, insureds had no real recourse against their Insurance Company when their property damage claims were not handled in "good faith". When your recovery was limited to the damage to your vehicle, most people couldn't affort to hire an attorney to represent them. Under the new law, attorneys can recover their attorney fees (up to one-third of the actual damages) as well as the expense of hiring experts and other costs if an insurance company is not acting in good faith.

For the past several years, Insurance Companies such as Maryland Automobile Insurance Fund (MAIF), State Farm Insurance Company, GEICO (Government Employee Insurance Company) Traveler's Insurance Company, Allstate Insurance Company, Liberty Mutual Insurance Company and others, have hired companies such as CORVEL to "audit" their insured's medical bills for "reasonable and necessary" charges. Medical bills that are owed by an injured person were not being paid fairly by their insurance company under the Personal Injury Protection (PIP).

Here's an example from our firm: My client received a bill for $194.00 from the emergency room physician. His insurance company, GEICO refused to pay more than $70.20 of that bill leaving my client to pay $123.80. He has insurance, but they are simply refusing to pay, and leaving my client with the bill. But that's only one bill, other bills for this client include a bill for chiropractic treatment and doctors visits for which $804.90 was denied payment by GEICO. These unreasonable and unnecessary cuts in payment of medical bills harm the injured person -- the person who paid the premiums every six months!

This also hurts the medical providers, because they are not getting paid. My client is out of work and can't pay this bill. GEICO is responsible for this bill, but is shirking its responsibility. If the rest of the medical bill goes unpaid, the medical providers will send the bill to collections which affects the me client's credit and may result in a judgment against my client. With this law, attorneys can hold insurance companies responsible when they do not act in good faith.

Is it OK to fine a whistleblower?

Mon, 17 Nov 2008 08:00:00 EST

State Farm seems to think so.

They want a judge to sanction the Rigsby sisters, who are two ex-State Farm employees who made very incriminating documents public.

Automatic Safety Recall Notifications From NHTSA

Mon, 17 Nov 2008 08:00:00 EST

The National Highway Traffic Safety Administration is providing automatic updates via e-mail or text messaging.

Whenever there is a safety recall involving tires or child safety seats, subscribers will recieve information in their e-mail accounts or PDA's.

We think signing up for this service would be a good idea, particularly if you have small children.

Don't skimp on you car insurance

Mon, 17 Nov 2008 08:00:00 EST

Most people when purchasing automobile insurance, are concerned only with saving money on their premiums. Most people are buying insurance merely because they have to get insurance to get their tag turn on their vehicle. Unfortunately, most people do not appreciate the important role that insurance has been protecting them and their an automobile accident.

Car accidents are exactly that, accidents. No one wants to be involved in a car accident.

Here are some coverages that most people cut in order to save money on their premiums. The most frequently cut coverages are:

Personal injury protection.
Underinsured motorist coverage.
Collision

Once someone is involved in an accident, they discover the need for having these coverages. What many people do not realize is that fully 40% of all the vehicles on the road and the District of Columbia have no insurance. This is surprising to those people, particularly those people who are responsible and carry the required insurance coverages. When involved in an accident with no insurance, if you don't carry those coverages themselves, people are left with no realistic way to recover for medical expenses.

Here is an example:

A client came to our office, upset, because their car had been damaged. The prior client's vehicle had been hit on the street by a vehicle that fled and did not leave any information behind. The client asked us to help. Here's the problem: the client waived their collision coverage! The adjuster told the client that , "You don't have collision, so we do not have to fix your car." If only the client had bought collision coverage!

Fret not for our client, however! We did get their car fixed - but through the client's uninsured motorist coverage (required to be provided in DC). However, the adjuster did not tell the client (misled - really) that the car could be fixed through uninsured motorist coverages. Once the client called us, the car was fixed in a week with only a $200.00 deductible.

Good thing they knew Lewis & Tompkins!

New Study Shows Seatbelt Use In Decline Among Teens

Mon, 17 Nov 2008 08:00:00 EST

The Department of Transportation recently released a study showing that teens arent wearing their safety belts when they arent supervised.

Predictably, the number of teens involved in fatal accidents who arent wearing their seatbelts is alarmingly high.

Follow the link for more information, and take the time to make it clear to your teenage driver that wearing a seatbelt is not optional.

Careful with those 15 passenger vans

Mon, 17 Nov 2008 08:00:00 EST

With gas being as expensive as it is, you would think that less people would be driving this summer. But regardless of price, summer is the time for vacations and driving and sponsored trips.

The NHTSA has released a study showing that those 15 passenger vans used by churches and boyscout troops can roll over pretty easily.

Follow the link below for more information.

How Does Your Medical Insurance Company Rate?

Mon, 17 Nov 2008 08:00:00 EST

In case you were wondering, insurance companies also deny claims for doctors as well.

The AMA has just put out a report card for every major health insurance company, grading them on how long it takes for them to pay what they owe to doctors.

Follow this link to see how your insurance company rates.

Medical Errors Cause the Equivalent of 98,000 Deaths a Year

Mon, 17 Nov 2008 08:00:00 EST

Follow this link to a fairly heartbreaking article about a parent who lost his child due to medical errors.

http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20080619/LIFE/806190301

Keep in mind, 98,000 people a year is the equivalent of a major plane crash happening every single day.

Allstate Now Uses the Oldest Excuse in the Book

Mon, 17 Nov 2008 08:00:00 EST

Allstate Insurance Company has now resorted to the oldest excuse in the book: Blame the Lawyer.

The back story:

Allstate initiated a program in the mid-1990's designed to limit claim payments. The program was designed by a consulting company named McKinsey. Here's a brief summary of the program:

1. Allstate stopped paying claims. By delaying claims as long as possible, Allstate made more mony on its reserves. This was all pure profit.

2. Allstate started evaluating claims based upon a computer program. The program (designed and maintained by Allstate) was called Colussus. Sounds ominous. Colussus is (was) programmed to make lower payments. Allstate then could claim "our computer says your claim is worth $100.00."

3. Allstate stopped negotiating with anyone. Allstate would only offer the computer program offer. If you did not like it, tough. Sue us.

4. Allstate hired "in-house" attorneys. Rather than pay counsel at defense firms their hourly rates, Allstate hired an army of lawyers and paid them a salary. This fixed defense costs, and made them more money. In a later post, I'll discuss the ethical issues this poses for attorneys.

5. Allstate began a practice of deceptively manipulating people to prevent them from getting legal counsel, and discriminating against those that did retain counsel.

Each of these tactics (and more) were a dramatic shift in the insurance industry. Allstate was in the lead. Many other insurers followed suit (State Farm, USAA, and Farmers to name a few) and now follow these practices.

Now, in Florida, as part of a claim involving Allstate, counsel for a negligence victim requested from Allstate the documents (many of which have been produced in the past, including to my firm) outlining this program. This was a run-of-the-mill rear end automobile accident, but Allstate treated the victim to the new program. When asked for documents about the program, Allstate refused.

A judge in Florida, after hearing the case, ordered Allstate to produce the documents. Allstate again refused. The Judge ordered Allstate to comply or face a $25,000.00 per day fine. Did Allstate comply? No.

See, Allstate thinks it is above the law. Allstate believes that the public resourse of the Courts are its private (taxpayer funded) claims evaluation device. If a judge did not do what Allstate wanted, it ignored the judge.

This article, while reporting what I assume is good news, leaves some gaps. Allstate claims that it did not produce the documents because of its lawyer. "We thought our lawyer would handle it." Nonsense. Allstate's typical abusive litigation tactics finally caught up with them. After one year, Allstate had still not done as ordered, and did not produce the doucments. The matter settled on confidential terms, meaning that the plaintiff was so economically beaten down at that point, his grievance could not be heard in public.

Bike Safety is More Important Than Ever

Mon, 17 Nov 2008 08:00:00 EST

With gas in the neighborhood of $4 a gallon, more people are choosing to walk or bike to work. With more bikes and pedestrians on the street, the public probably needs a refresher course on bicycle safety.

The Post recently put out an article that gives a pretty good rundown on how to share the roads responsibly. Follow the link below to see the article.

http://www.washingtonpost.com/wp-dyn/content/discussion/2008/07/23/DI2008072302245.html

D.C. Has an Embarrasingly High Car Accident Rate

Mon, 17 Nov 2008 08:00:00 EST

According to a recent study by Allstate, D.C.s drivers rank among the worst in the nation. And by "among," we mean "the worst."

Our drivers average one accident every 5.4 years. This is not something to be proud of.

To see an article about this, follow the link below.

http://seattlepi.nwsource.com/opinion/369342_caronline06.html

A great explanation of "tort reform."

Mon, 17 Nov 2008 08:00:00 EST

Anyone who is interested in a good and thorough explanation of what "tort reform" is should follow the link below.

http://www.corpreform.com/corpreform/2003/10/what_is_tort_re.html

Have you ever noticed that those who say the legal system is "broken" or moan about "activist judges" are always the ones who are losing court cases?

2007 Crash Statistics are Out

Mon, 17 Nov 2008 08:00:00 EST

The 2007 statistics are a little more promising than 2006. The overall crash rate is going down nationwide, but here in DC the number of people who were killed in car accidents actually went up 19%.

To view the report, follow the link below.

http://www-nrd.nhtsa.dot.gov/Pubs/811017.PDF

DC Remains Static on DUI Fatalities

Mon, 17 Nov 2008 08:00:00 EST

The NHTSA has recently released its 2007 statistics for DUI fatalities.

To read the report, follow the link below.

http://www-nrd.nhtsa.dot.gov/Pubs/811016.PDF

FDA List Sort of Helps, But Not Really

Mon, 17 Nov 2008 08:00:00 EST

Recently the FDA publicized a list of drugs that might find dangerous. They plan on updating this list every three months.
While thats all well and good, we could not help but notice that some of the drugs on the list have been known to be dangerous for quite some time now.

For instance, the mention of OxyContin as being "potentially addictive" IS in fact breaking news, if you happen to be living in the year 2005.

We also find that some of the descriptions on the list are maddeningly vague. If a pill taken in good faith could cause a stroke or heart attack, could you tell us how? Or how often it happens?

While we think the list is a good first step, we think a little more information would be helpful.

Allstate Earns Dubious Distinction

Mon, 17 Nov 2008 08:00:00 EST

The American Association of Justice just released a list of the ten worst insurance companies, and Allstate made the top of the list.

In order to be rated, you have to wholeheartedly embrace a philosophy called "Deny, Delay and Defend," which basically involves doing anything necessary to avoid paying claims.

Here is the list:

If your insurer is on the list, you might want to rethink your policy.

New Black Box Feature Can Work For You

Mon, 17 Nov 2008 08:00:00 EST

If you follow this link:

http://www.law.com/jsp/article.jsp?id=1105364095740

you will find an article from Law.com that describes how the readings from a cars "black box" data recorder can be admissable as evidence in a murder trial.

The "black box" records lots of data, including the speed limit that a car was going when the airbags deployed.

This could prove to be an interesting development in accident cases. Quite often, car accident cases get stalled based on insurance company denials and stalling tactics, and the readings from a black box could conceivably help prove the car accident cases of accident victims.

As accident attorneys in DC, it's important for us to gather as much data as we can to help prove the cases of our clients. Black box data can certainly be an important part of this process.

New Safety Features in Cars

Mon, 17 Nov 2008 08:00:00 EST

http://www.cnn.com/2008/LIVING/wayoflife/09/17/aa.avoiding.a.crash/

By following that link, you will be able to read an article that describes the latest in safety advances in automobiles. While we applaud any advancement in safety technology, we still can't help but notice that the number of crashes in Virginia, Maryland and DC have remained more or less static. As DC car accident lawyers, we think that in addition to new safety features, there should also be a focus on safer driver behavior.

If you or a loved one has been injured in a car accident in the DC area, contact Lewis and Tompkins for a free legal consultation today.

NTSB Adds Restricted Cell Phone Use, EMS Safety to 2009 Most Wanted List of Safety Improvements; Positive Train Control, and Rail Fatigue Removed after 18 Years on the List

Fri, 31 Oct 2008 08:00:00 EST

Washington, DC - The National Transportation Safety Board today issued its 2009 Federal Most Wanted List of safety improvements. Newly added to the list of 15 areas of concern were: Improve Emergency Medical Services (EMS) Flight Operations, Restrict the Use of Cell Phones by motorcoach drivers, and require Electronic On-Board Recorders by all motor carriers.

Among the issues removed from the list were positive train control and fatigue in the railroad industry, both of which have been on the list since its inception in 1990, and aircraft fuel tank flammability.

"Our Most Wanted List, which was created in 1990, was designed to raise the public's awareness and support for transportation safety issues," said NTSB Chairman Mark V. Rosenker. "The safety issues on this list are critical to improving transportation safety. When acted upon, these recommendations will reduce accidents and save lives."

For more information, follow the link below.

Teen son of Md. police official dies in car crash

Wed, 22 Oct 2008 08:00:00 EST

Damascus, Md. (Map, News) - The teenage son of a Montgomery County police district commander died when the car he was riding in hit a tree and caught fire.

For more information, follow the link below.

Fenty honored for work to make DC bike-friendly

Wed, 22 Oct 2008 08:00:00 EST

Men's Health magazine is recognizing Mayor Adrian Fenty for what it calls his efforts to wean Washington from foreign oil.

For more information, follow the link below.

Metrobus, car crash in northwest DC

Mon, 20 Oct 2008 08:00:00 EST

Metro says a bus has collided with a car in downtown Washington.

For more information, follow the link below.

Hayride Ends in Crash at D.C. Elementary School

Mon, 20 Oct 2008 08:00:00 EST

WASHINGTON, D.C. – A fall festival hayride ended with a trip to the hospital for an adult and several children on Friday afternoon at an elementary school in Northeast Washington.

Authorities say the hayride was one part of a fun-filled afternoon that included games and face-painting on the playground at Langdon Elementary School. But it took a scary turn for a dozen kids when the white truck that carried the hay crashed into a tree and a fence.

For more information, follow the link below.

93-Year-Old Man Dies Following Car Crash

Mon, 13 Oct 2008 08:00:00 EST

Police say a 93-year-old man has died from injuries sustained during a vehicle crash in Annandale Monday.

Charles H. Schafer, 93, of Yoakum Parkway in Alexandria (web|news), died shortly after 4:30 a.m.Thursday at a local hospital.

For more information, follow the link below.

Police Probe Bus-Taxi Crash That Killed Calif. Man

Thu, 02 Oct 2008 08:00:00 EST

D.C. police are investigating the cause of a fatal crash Friday night in Foggy Bottom between a Metrobus and a taxi that killed a California man and injured six others.

The bus was heading west on Virginia Avenue NW about 8:15 p.m. when it struck the minivan-taxi traveling south on 19th Street, sending the cab spinning into the intersection before it came to a stop.

Some child booster seats considered dangerous in auto crash

Thu, 02 Oct 2008 08:00:00 EST

WASHINGTON, D.C. - The Insurance Institute for Highway Safety on Wednesday named several child booster seats -- currently available on the U.S. market -- as potentially dangerous for young children in the event of a car crash.

In its first-ever review of child booster seats, the agency tested nearly 50 different child booster seats to see their effectiveness in protecting children in crashes.

16 Injured as Car Hits Metrobus in District

Wed, 10 Sep 2008 08:00:00 EST

Sixteen people reported injuries this morning after a car slammed into a Metrobus in Southeast Washington, officials said.

Metro officials said the accident took place at 11:50 a.m. when the driver of the car went through a red light and struck the bus at 16th and U streets SE. Two people were in the car, and a driver and 13 passengers were on the bus, officials said.

For more information follow the link below.

New Traffic Website Tracks Accidents, Displays on Map

Wed, 10 Sep 2008 08:00:00 EST

Besides avoiding gridlock from area traffic accidents, D.C. metro region drivers may also want to know where the fatal accident are occuring more often and a new website does that by combining crash data with an online map service.

The Fox family spends a lot of time in the car. "We're in the car constantly, dropping from one activity to the next. My kids attend three different private schools."

For more information, follow the link below.

Bay Bridge Accident Kills Truck Driver, Injures Two Others

Thu, 28 Aug 2008 08:00:00 EST

Traffic was backed up on both sides of the Bay Bridge this afternoon in the aftermath of a three-vehicle crash that sent a tractor-trailer truck hurtling into the waters of the Chesapeake early this morning.

The crash, shortly before 4 a.m., left the truck's driver dead and two people from a passenger vehicle hospitalized with injuries, officials said.

For more information, follow the link below.

Conservative commentator Novak hits D.C. pedestrian

Thu, 28 Aug 2008 08:00:00 EST

Conservative pundit Robert Novak is anything but a conservative driver, and Wednesday morning he struck a Washington, D.C., pedestrian in his black Corvette convertible.

The syndicated columnist received a citation from police for failing to yield the right of way, after he drove away from the scene of the accident despite attempts by passers-by to stop him, Politico.com reported.

For more information, follow the link below.

Recent accidents make bus safety top issue in D.C., Austin

Thu, 28 Aug 2008 08:00:00 EST

Safety experts and Texas lawmakers called for tougher enforcement of motor carrier regulations Monday as federal investigators combed for clues to what caused an illegal bus to crash in North Texas, killing 17 Vietnamese Catholics from Houston.

"As the feds sort through this crash, we'll learn what went wrong and look for opportunities to make sure that a tragedy like this never happens again," said state Sen. Rodney Ellis, D-Houston, referring to the Sherman accident.

In Washington and Austin, lawmakers echoed that sentiment as two more bus crashes in Mississippi and Nevada over the weekend put bus safety back on every politician's agenda. On Sunday, three women were killed when the tour bus they were riding in rolled over, while 29 people were injured in an unrelated crash after their bus left the road in Nevada.

For more information, follow the link below.

Police identify men killed in BW Parkway crash

Thu, 28 Aug 2008 08:00:00 EST

BELTSVILLE, Md. - U.S. Park Police have identified two men killed in a multi-car accident on the Baltimore-Washington Parkway.

They are identified as 60-year-old Leroy Tyler of the District, who was driving a Mitsubishi Laser, and 48-year-old Ronald Wayne Meader of Severn, who was operating a motorcycle.

For more information, follow the link below.

Md. bridge repair work expected to cause delays

Thu, 28 Aug 2008 08:00:00 EST

Repair work will begin immediately to reinforce a Bay Bridge barrier wall that a tractor-trailer careened over during a deadly accident earlier this month, and significant delays are expected during the next two to three weeks, state officials said.

For more information, follow the link below.

Mayor Returns to Work After Bike Accident

Fri, 15 Aug 2008 08:00:00 EST

The first thing that was different was the car. Mayor Fenty ditched the tiny Smart Car he's been using recently in favor of the black SUV, chauffered by his security detail. That was a tip that Fenty, though he returned to work today, nearly a week after suffering a serious bike accident, wasn't feeling his usual self -- perhaps not well enough to drive.

For more information, follow the link below.

Two men indicted in street racing deaths

Thu, 31 Jul 2008 08:00:00 EST

UPPER MARLBORO, Md. - Two men were indicted Tuesday in the deaths of eight people watching a late-night street race in Accokeek earlier this year.

Darren Bullock, 20, and Tavon Taylor, 18, both of Waldorf, were charged with eight counts of vehicular manslaughter in connection with the Feb. 16 crash on an isolated section of Route 210. They were also charged with reckless driving and street racing.

For more information, follow the link below.

Fenty Injured in Bike Accident

Thu, 31 Jul 2008 08:00:00 EST

Mayor Adrian M. Fenty flipped over the front of his high performance road bike while training yesterday on Whitehurst Freeway near the Kennedy Center, aggravating an injury to his left foot suffered early this month, his spokeswoman said.

Fenty (pictured above, second from left, in a training ride in May) was at work today, but cancelled several public and private appearances because his doctor has instructed him to remain off his feet, spokeswoman Carrie Brooks said. (Update 4:32 p.m.: Turns out the mayor is at home all day today, but is keeping in touch by BlackBerry, Brooks said.)

For more information, follow the link below.

Deaths aboard D.C. tour bus ruled an accident

Thu, 31 Jul 2008 08:00:00 EST

WASHINGTON - The deaths of two men killed aboard a D.C. sightseeing bus on the way to a Nationals game have been ruled an accident, according to a spokesperson for the chief medical examiner.

Joshua Stoll, 24, of Sterling and Michael Feiock, 35, of Centreville, both died as a result of blunt impact head trauma when they stood up on a double-decker Open Top Sightseeing bus on July 11. D.C. Fire and EMS spokesman Alan Etter says they stood up as the bus was going under an overpass.

For more information, follow the link below.

D.C. drivers most accident-prone in nation, insurance study finds

Thu, 31 Jul 2008 08:00:00 EST

WASHINGTON (Map, News) - D.C. drivers are more likely to be in auto accidents than drivers in any other city in the country, and Alexandria and Arlington drivers follow closely behind, according to a new study.

For more information, follow the link below.

2 injured in collision between DC fire truck, car

Thu, 31 Jul 2008 08:00:00 EST

WASHINGTON (Map, News) - A driver and a D.C. firefighter were injured after a fire truck collided with a vehicle during an emergency call for a reported fire in northwest Washington.

For more information, follow the link below.

Man charged after car hits home

Wed, 25 Jun 2008 08:00:00 EST

A Washington, D.C. man faces a reckless driving charge after his car struck an electrical cabinet, a tree and a house on Woodruff Lane Saturday night, according to town spokesman Wally Bunker.

Town police charged Terry L. Whitfield, 43, with reckless driving after he told police his foot "got stuck" on the accelerator of his 2007 black Chevrolet Corvette about 8:30 p.m., causing him to lose control of the car.

For more information, follow the link below.

Seeing Red When Signals are Dark

Wed, 25 Jun 2008 08:00:00 EST

Let's see if everyone can follow me on this one: There has been a big storm. The power goes out. You approach a dark traffic signal.

Do you:

B ) Blow through the intersection as you please.

C ) Blow through the intersection as you please.

D.C. Man Killed in Crash on Route 50

Tue, 24 Jun 2008 08:00:00 EST

A 54-year-old District man was killed early yesterday when a car crossed the Route 50 median near Bowie and struck his vehicle as it headed west, Maryland State Police said.

Charles M. Mahoney of the 1500 block of Fort Davis Street SE was pronounced dead at the scene shortly after the 12:10 a.m. accident.

For more information, follow the link below.

Bus catches fire during D.C. field trip

Tue, 24 Jun 2008 08:00:00 EST

FREDON -- Fredon Township School student Lizzy Kenah lost her iPod, cell phone and digital camera Tuesday while on a school trip to Washington, D.C.

But it wasn't because the 11-year-old misplaced them or forgot them. The bus that had transported the students to the Smithsonian Air and Space Museum caught fire while the students were on the museum tour, and most of the items the students and parents had left on the seats were destroyed.

"A lot of people lost their Nintendo DS," the sixth-grader said.

For more information, follow the link below.

$2.3 Million Settlement Reached in '07 Accident

Tue, 24 Jun 2008 08:00:00 EST

Metro has agreed to pay $2.3 million to settle a lawsuit filed by a man whose wife was struck and killed by a Metrobus last year.

For more information, follow the link below.

Old Guard soldier dies in motorcycle crash

Sun, 01 Jun 2008 08:00:00 EST

A military police officer with the 3rd Infantry Regiment, better known as the Old Guard, died from injuries suffered in a motorcycle crash on the George Washington Memorial Parkway in Arlington, Va., the Army announced Thursday.

Spc. Nathan Townsend, 22, of Minor Hill, Tenn., was assigned to the 289th Military Police Company, 4th Battalion, 3rd Infantry Regiment.

For more information, follow the link below.

D.C. Pedestrian Safety Strategy to Target High-Crash Intersections

Sun, 01 Jun 2008 08:00:00 EST

D.C. officials are planning to release a five-year, $12 million pedestrian strategy today that includes better timing of signals, clearer marking of crosswalks and other steps to reduce accidents and injuries.

For more information, follow the link below.

Months After Collision, Answers Might Be Near in Son's Death

Sun, 01 Jun 2008 08:00:00 EST

Brian Gray left his family's home in Bowie and headed toward the University of Maryland's College Park campus, where he was to take the first of the term's final exams. But less than a mile from the house, as Gray turned left on that December morning, his Chevy Beretta was struck by an off-duty Prince George's County police officer in his cruiser.

For more information, follow the link below.

Driver Who Killed 8 in Race Crowd Faces an Unrelated Charge

Tue, 27 May 2008 08:00:00 EST

The Waldorf man who plowed his car into a crowd at an illegal street race three months ago in Prince George's County, killing eight people, was arrested last week on an unrelated charge of unauthorized use of a motor vehicle.

For more information, follow the link below.

DC police investigate hospital crash

Tue, 27 May 2008 08:00:00 EST

WASHINGTON -- DC Police say two men who dropped off a gunshot victim at Greater Southeast Hospital Friday are responsible for causing an accident that left five people injured, including two children.

A police spokesman says the car left the hospital at a high rate of speed and ran a red light at 23rd Street, crashing into two cars

For more information, follow the link below.

Former UMW President William Frawley arrested third time for drunken driving

Thu, 01 May 2008 08:00:00 EST

Ousted University of Mary Washington President William Frawley was charged with drunken driving this month in Maryland, exactly a year after the first of two DUI arrests that led to his firing.

According to court records, police stopped Frawley at 10:50 p.m. on April 10 in Montgomery County, and charged him with driving under the influence. He had a Maryland license.

For more information, follow the link below.

Car, Truck Collide Head-On On Route 1 in Md., Killing 4

Tue, 29 Apr 2008 08:00:00 EST

It was a routine morning for truck driver Stanley Wells. He and his helper loaded up their truck and pulled out of the headquarters of their employer, a beverage distributor, about halfway between Washington and Baltimore. They didn't get far.

For more information, follow the link below.

Man critically injured after collision with tractor-trailer on I-695

Tue, 29 Apr 2008 08:00:00 EST

A man driving the wrong way on Interstate 695 early Monday morning collided head-on with a tractor-trailer, and emergency workers had to tear apart the car to extricate him, authorities said.

The driver, who was not identified by Maryland State Police, was undergoing surgery at Maryland Shock Trauma Center this morning and is in critical condition, authorities said.

For more information, follow the link below.

Experts Say Different Sports Require Different Helmets

Tue, 29 Apr 2008 08:00:00 EST

"Don't forget to wear your helmet," parents tell their kids now that warmer temperatures are luring them outside to cycle, skateboard, rock climb, kayak and ride horses. And with good reason. "Helmets basically keep your skull from cracking," says pediatric neuropsychologist Gerard Gioia, director of the Safe Concussion Outcome, Recovery & Education Program at Children's National Medical Center.

For more information.

Maker of Vioxx Is Accused of Deception

Fri, 18 Apr 2008 08:00:00 EST

Two teams of researchers with access to thousands of documents gathered for lawsuits over the painkiller Vioxx allege that Merck waged a campaign of deception to promote its drug, moving slowly to warn of possible hazards while at the same time dressing up in-house studies as the work of independent academic researchers.

The reports in today's Journal of the American Medical Association in effect accuse one of the world's biggest pharmaceutical makers of various forms of scientific fraud.

For more information, follow the link below.

Three D.C. Officers Injured After Store Front Crash

Mon, 31 Mar 2008 08:00:00 EST

Two D.C. police officers and a female driver have been injured after a patrol car crashed into the front of a shoe store after colliding with another vehicle.

D.C. fire department spokesman Alan Etter says yesterday's crash shattered the storefront glass, but there was no major structural damage.

The crash happened about 6:30 p.m. as the officers responded to a call about a burglary. Their car was heading north on Minnesota Avenue in northeast Washington when it collided with a blue Chevrolet Impala.

For more information, follow the link below.

Caution Urged as Bikers and Hikers Take to Trails

Mon, 31 Mar 2008 08:00:00 EST

BETHESDA, Md. -- As the weather gets warmer, more people are heading outside and hitting the trails, but officials are warning people to be careful when walking, hiking or biking.

Just passing a pedestrian can be hazardous on trails crowded with speeding bikers and clusters of low-speed walkers. A number of bikers and walkers have suffered head injuries and broken bones.

For more information, follow the link below.

FDA Investigates Merck Drug-Suicide Link

Mon, 31 Mar 2008 08:00:00 EST

WASHINGTON (AP) — The Food and Drug Administration said Thursday it is investigating a possible link between Merck's best-selling Singulair and suicide.

FDA said it is reviewing a handful of reports involving mood changes, suicidal behavior and suicide in patients who have taken the popular allergy and asthma drug.

For more information, follow the link below.

Wandering boy killed by dad's car in D.C.

Sat, 08 Mar 2008 08:00:00 EST

WASHINGTON, March 4 (UPI) -- A Washington man accidentally killed his 16-month-old son when he ran him over while pulling the family car out of its parking space in the U.S. capital.

For more information, follow the link below.

Concerns for Kids' Safety on the Rise After Spate of Yellow Bus Accidents

Sat, 08 Mar 2008 08:00:00 EST

The iconic yellow school bus for years has been touted as the safest form of motor vehicle transportation for schoolchildren, but recent crashes and rollovers have some parents feeling less than confident about the safety of their kids.

For more information, follow the link below.

2 D.C. Teens Killed When Car Flips Over Rail, Hits Trees

Thu, 28 Feb 2008 08:00:00 EST

Two District teenagers died Saturday night on Pennsylvania Avenue in Prince George's County after the car they were driving in flipped over a guardrail and careered into trees, police said.

They were traveling at a "high rate of speed," Officer Henry Tippett, a Prince George's police spokesman, said.

For more information, folllow the link below.

Street Race Longstanding Problem on Highway

Thu, 28 Feb 2008 08:00:00 EST

WASHINGTON - The flat, straight stretch of suburban Maryland highway where eight street-racing fans were killed this weekend has long been a problem spot for reckless driving and underground races, according to residents and business owners in the area.

For more information, follow the link below.

Upper Marlboro Collision Kills One, Injures Several Others

Thu, 28 Feb 2008 08:00:00 EST

One person died and several others were injured in an accident involving a truck, a van and a school bus on Route 301 in Upper Marlboro this afternoon.

About 1:25 p.m. on southbound Route 301/Crain Highway at South Osborne Road, a van rear-ended a truck that was slowing down for a traffic light, sending it over an embankment. A Prince George's County school bus then struck the van, sending it over the embankment as well, said Cpl. Clinton Copeland, a Prince George's County police spokesman.

For more information, follow the link below.

Meat Recall Prompts Insurance Concerns

Thu, 28 Feb 2008 08:00:00 EST

Middlemen who are still holding meat from Hallmark/Westland Meat Packing Co. are nervous about whether their insurance will compensate them for the largest recall in U.S. history. For a smaller firm, the missed revenue from not selling the meat, along with the cost of destroying it and the many man-hours spent notifying customers, could be a big blow.

For more information, follow the link below.

DC Cops Injured In Rear-End Collision Thursday Morning

Thu, 21 Feb 2008 08:00:00 EST

Two DC police officers are recovering from injuries suffered in a rear end collision accident Thursday morning.

For more information, follow the link below.

Metro G.M. Looks Ahead, Concentrates on Safety

Thu, 31 Jan 2008 08:00:00 EST

WASHINGTON -- The largest fare increases in Metro's history, track fires, burnned-out power stations, extensive delays, Metrobus and Metrorail accidents -- and that was just Metro General Manager John Catoe's first year on the job.

Muncaster Mill an accident waiting to happen

Thu, 31 Jan 2008 08:00:00 EST

Residents of neighborhoods near an intersection of Muncaster Mill Road where a Gaithersburg man was found dead earlier this month say that the narrow, winding road is the frequent site of crashes.

For more information, follow the link below.

Plea Deal Rejected for Man who Killed Two in Crash

Thu, 31 Jan 2008 08:00:00 EST

The victims' and the defendant's loved ones filled the courtroom Thursday, expecting Eduardo Raul Morales-Soriano to be sentenced to prison for the crash that killed a Marine corporal and his date Thanksgiving night 2006 in Columbia.

For more information, follow the link below.

Penalty license plates urged for 3-time DUI drivers' cars

Thu, 31 Jan 2008 08:00:00 EST

Get caught driving drunk three times and you'd be the not-so proud owner of a bright yellow license plate under a law proposed by Del. Lionell Spruill Sr., D-Chesapeake.

"With this, you see people with that car and you watch out for it," he said. "We've got to do something to let everybody know this guy is a danger to society."

For more information, follow the link below.

TAMPA - Behind the fight between Florida's insurance

Thu, 31 Jan 2008 08:00:00 EST

TAMPA - Behind the fight between Florida's insurance commissioner and Allstate Insurance Co. is a mystery that could have come from a John Grisham novel.

Secret Allstate documents - known as the McKinsey documents - allegedly show how the insurance giant intentionally has made low-ball claims offers to its customers for years, netting Allstate billions of dollars in the process.

But the McKinsey documents have never seen the light of day.

Another Fatal Pedestrian Hit-and-Run in Maryland

Mon, 14 Jan 2008 08:00:00 EST

As I blogged about on InjuryBoard, 59 year old Rosario Gonzalez was struck and killed on January 12, 2008 by a hit and run driver. Police are looking for the person who struck him. As also mentioned in this site, the intersection of New Hampshire Avenue at University Boulevard is one of the most dangerous intersections for pedestrians in the region.

If you saw anything about this occurrence, please contact the police.

Virginia Traffic Fatalities Reach One Thousand for 2007

Mon, 31 Dec 2007 08:00:00 EST

Lynchburg, VA - State police have confirmed that more than 1,000 people have died on Virginia roads this year. The accident that killed three people in Lynchburg Saturday put that number over the millennial mark. That's the highest number since 1999. For more information, follow the link below.

Three People Are Killed In Rush-Hour Collision

Mon, 31 Dec 2007 08:00:00 EST

Scott Stegner and his teenage son, Sean, had dropped off the boy's grandmother at her home in Pennsylvania and were driving back to Fairfax County on Route 15 in Maryland when, according to police, a pair of headlights barreled toward them. The Stegners died Thursday in a head-on collision with a Cadillac Escalade whose driver had lost control of her vehicle in the afternoon rush, police said. Sean's mother, a United Airlines flight attendant who was on her way to Japan at the time of the crash, arrived home just after 8 p.m. yesterday to join her three surviving children. For more information, follow the link below.

Virginia woman injured in Md. accident dies

Mon, 31 Dec 2007 08:00:00 EST

WEST FRIENDSHIP, Md. (AP) - Howard County Police in Maryland say a 62-year-old Stephenson, Virginia, woman injured when she turned her car in front of a dump truck has died of her injuries. Police say Elizabeth Marsh made an illegal turn on Route 32 near Interstate 70 about noon Thursday. She was taken to Baltimore's Shock Trauma in critical condition.

Pedestrian Struck, Killed By Metrobus In Montgomery Co.

Fri, 21 Dec 2007 08:00:00 EST

WASHINGTON, D.C. -- Authorities said Monday a pedestrian was fatally struck by a Metrobus in Montgomery County Monday evening. Officials said in a news release that the incident occurred on Parklawn Drive at around 6:30 p.m. Authorities said Metrobus 2090 was traveling northbound on Parklawn Drive when a pedestrian stepped into the roadway and was struck by the bus near Twinbrook Parkway, preliminary reports indicated. For more information, follow the link below.

Motorist dies after crashing on Baltimore-Washington Parkway

Tue, 11 Dec 2007 08:00:00 EST

A motorist was killed last night when his car struck the side of a bridge on the northbound Baltimore-Washington Parkway at Route 32, U.S. Park Police said. Battalion Chief Matt Tobia of the Anne Arundel County Fire Department said details were not available; emergency crews were trying to remove the unidentified motorist from the vehicle after the 10 p.m. accident. For more information, follow the link below.

D.C. Woman Injured in Car Accident

Sat, 01 Dec 2007 08:00:00 EST

D.C. firefighters and medics are on the scene of an accident in the Cleveland Park neighborhood that left a woman seriously injured. D.C. Fire and EMS spokesman Alan Etter said the woman was apparently trying to back her car into a car port but went too far. The car crashed through a wall of the brick structure, collapsing part of it onto the car.

Dennis Quaid twins recovering from medical overdose

Sat, 01 Dec 2007 08:00:00 EST

LOS ANGELES (Reuters) - The two-week-old twins of actor Dennis Quaid were recovering in a Los Angeles hospital on Wednesday after mistakenly being given a massive overdose of a blood thinning drug. Cedars-Sinai Medical Center, one of the United States' leading hospitals, apologized on Wednesday for what it called the "preventable error" that led to the twins and another unidentified child being given 10,000 units of the anti-coagulant Heparin, instead of the normal 10 units given to babies. For more information, follow the link below.

Pedestrian Deaths Reach 10-Year High

Sat, 01 Dec 2007 08:00:00 EST

A fatal accident yesterday morning brought the number of pedestrian deaths in Washington to 24, the highest number since 1997, according to the D.C. Department of Transportation. About 5:30 a.m. yesterday, Francis Joseph Ryan, 26, of the 2700 block of Sherman Avenue NW was crossing westbound at 14th and Euclid streets, in the Columbia Heights area of Northwest Washington, when he was struck by a 1994 Acura Legend. for more information, follow the link below.

Man Killed in Beltway Crash

Sat, 01 Dec 2007 08:00:00 EST

TEMPLE HILLS, Md. (AP) -- The inner loop of the Capital Beltway was shut down for hours Friday night because of a fatal accident. For more information, follow the link below.

WTTG Fox 5 weather anchor Tolbart lucky to be alive

Sat, 01 Dec 2007 08:00:00 EST

It was an anxious time for Catherine Tolbart of Middleton last week when she received word her daughter Gwen Tolbart had been injured in a car crash that occurred on Wisconsin Avenue in Washington D.C Gwen, a WTTG Fox 5 Washington D.C. weather anchor and reporter, was returning home from a formal dinner around 11 p.m. when a Metrobus struck her Honda Accord. For more information, follow the link below.

Hit and run suspect had no license

Wed, 31 Oct 2007 08:00:00 EST

WASHINGTON, DC (WUSA) -- The truck driver charged with killing a DC toddler in a hit and run collision Sunday repeatedly violated District traffic laws. Thirty-one-year-old Christopher Edwards, also known as Wayne Williams, is being held without bond on a second degree murder charge in connection with the death of 2-year-old Brandi Smith. For more information, follow the link below.

Man Killed in Southeast D.C. Car Crash

Wed, 31 Oct 2007 08:00:00 EST

A man died early this morning when the car he was driving crashed into a wooded area near Interstate 295 and Malcolm X Avenue in Southeast Washington, police said. The car was found at 4:30 a.m. The driver may have experienced a medical emergency, according to police. Authorities have not released the man's name, age or cause of death. For more information, follow the link below.

Kids' pedestrian deaths drop, but steps urged

Wed, 31 Oct 2007 08:00:00 EST

The number of children 14 and younger who are killed as pedestrians has dropped dramatically in the past decade, but tougher safety campaigns are needed to further cut the toll, a safety advocacy group says. According to data released today by Safe Kids Worldwide, the number of children in this age group who died as pedestrians fell 40% from 1995 through 2004. For more information, follow the link below.

Beltway Crash With Entrapment

Wed, 31 Oct 2007 08:00:00 EST

Maryland - Firefighters and Paramedics from the College Park/Greenbelt area responded to a 2-vehicle crash on the Capitol Beltway with a report of an entrapment. At about 1:50 PM, Wednesday, October 30, 2007, fire/EMS units from Branchville (Fire/EMS Station 811), Greenbelt (Fire/EMS Station 835), Berwyn Heights (Fire/EMS Station 814), and Paramedic 812 (College Park) arrived on the Inner Loop, South-Bound, on the Beltway about a mile prior to the Kenilworth Avenue exit and encountered a 2-vehicle crash involving a dump truck that broadsided the driver side of a passenger vehicle. For more information, follow the link below.

Beltway crash injures woman, closes lanes for 30 minutes

Wed, 31 Oct 2007 08:00:00 EST

A woman was trapped in her car and injured during a Tuesday crash on I-495's inner loop, about a mile from the Kenilworth Avenue exit. For more information, follow the link below.

Driver Killed In Beltway Crash

Wed, 31 Oct 2007 08:00:00 EST

COLLEGE PARK, Md. -- The Beltway has reopened after a deadly early-morning crash in College Park, police said. It happened just after 1 a.m. in the northbound lanes before U.S. 1, police said. For more information, follow the link below.

Skull Fractures Prompt Baby Seat Recall

Thu, 25 Oct 2007 08:00:00 EST

Bumbo International of South Africa recalled about 1 million "Baby Sitter" seats after 28 reports of babies falling out of the seats, including three skull fractures, a government safety group announced Thursday. Babies are at risk for serious head injuries when the seats are placed on a table, countertop, chair or other raised surface and the infants arch their backs, possibly causing them to flip out of the seats and fall onto the floor. The Consumer Product Safety Commission advised that consumers never use the seat on a table or elevated surface. For more information, follow the link below.

Critics: ConAgra Mishandled Recall

Sun, 14 Oct 2007 08:00:00 EST

OMAHA, Neb. (AP) — Critics say ConAgra Foods Inc.'s delay in recalling pot pies linked to a nationwide salmonella outbreak increased the chance that more people would become sick, opened up the company to greater liability, and exposed a key weakness in the nation's food safety system: voluntary recalls. For more information, follow the link below.

Motorcyclist dies from crash injuries

Sun, 14 Oct 2007 08:00:00 EST

CLEAR SPRING - A 59-year-old Ellicott City, Md., man died Thursday night after his motorcycle collided with a car on Fairview Road, Maryland State Police said. Kenneth Beane Jr. underwent surgery at Washington County Hosptial, where he was pronounced dead at 8:39 p.m., police said. For more information, follow the link below.

Is saline a solution for spine injuries?

Mon, 01 Oct 2007 08:00:00 EST

Emergency crews may one day have a potent new weapon against spinal-cord injuries -- the one used on the Buffalo Bills' Kevin Everett after a tackle seemed to leave him paralyzed. The novel treatment, injecting cold saline in his veins minutes after the injury to lower his body temperature several degrees, has gotten some of the credit for his recovery. For more information, follow the link below.

Teens Riding in Truck Bed Killed in Crash

Mon, 01 Oct 2007 08:00:00 EST

A rural tradition as old as pickup trucks themselves claimed the lives of two southwestern Virginia teenagers over the Labor Day weekend. They were illegally riding in the bed of the truck when it crashed near Hillsville. A third passenger also died. Sgt. Michael T. Conroy of the Virginia State Police said that the third victim, 17-year-old Brianna Peak of Dugspur, Va., was in the truck's cab but not wearing a seat belt and was ejected in the crash on Sunday in Carroll County, about two miles north of the North Carolina border. Six girls were riding in the truck. For more information, follow the link below.

D.C. man killed in weekend motorcycle crash in Hampton

Mon, 01 Oct 2007 08:00:00 EST

A 29-year-old man was killed when his motorcycle crashed during the weekend at East Mercury Boulevard and King Street. The man was from Washington, D.C., according to Cpl. Paula Ensley, a police spokeswoman. His identity wasn't released because police were trying to contact his relatives. For more information, follow the link below.

Inmate on Work Crew Killed on I-495 in Pr. George's

Thu, 20 Sep 2007 08:00:00 EST

In the second such incident in Prince George's County in two months, a Maryland state prison inmate was fatally injured yesterday morning when he was hit by a dump truck while picking up trash as part of a work detail on the Capital Beltway. Members of the six-man inmate crew said in interviews on the scene that Rodney Jennings, 29, and at least two other inmates were making their way to the right shoulder of the southbound Beltway in the Landover area after picking up litter on the opposite side of the road. For more information, follow the link below.

Police: Failure to Yield Led to Deadly Md. Crash

Fri, 14 Sep 2007 08:00:00 EST

Failure to yield the right of way on Route 50 yesterday morning resulted in the death of one person, vehicles bouncing off each other like pinballs and a two-hour-long traffic tie-up at Route 50 and Interstate-97 near Annapolis. According to Maryland State Police, the four-vehicle accident was set in motion when a Toyota Camry driven by Viktor Prifti, 57, of Springfield merged from southbound I-97 to westbound Route 50 and failed to yield the right of way. Prifti veered across three lanes of traffic and was hit by a 2005 Peterbilt tractor-trailer driven by Terrance Brooks, 30, of Humboldt, Tenn. For more information, follow the link below.

Beltway Accident Snarls Rush-Hour Traffic

Fri, 31 Aug 2007 08:00:00 EST

A serious car accident involving a tractor trailer and several cars on the Capital Beltway snarled the Tuesday morning rush-hour commute. It happened shortly before 6:00 a.m. Tuesday morning northbound on the Outer Loop of Interstate 495 just before the Route 5, Branch Avenue exit in Temple Hills, MD. For more information, follow the link below.

Pedestrian struck, killed near BWI

Fri, 31 Aug 2007 08:00:00 EST

A male pedestrian was struck and killed last night by a car on the road that loops around Baltimore-Washington International Thurgood Marshall Airport, police said this morning. Few details of the 11:30 p.m. accident were available, but police and fire officials said the victim was pronounced dead on the scene. Police said a female was driving the vehicle. For more information, follow the link below.

Collisions Kill Two, Critically Injure Cyclist

Fri, 31 Aug 2007 08:00:00 EST

Authorities in Calvert County were investigating a collision that killed two motorists this week, several days after a 57-year-old woman was critically injured when her bicycle struck an oncoming vehicle. In the double fatality early Tuesday, shortly after midnight, a 2000 Ford Crown Victoria driven by Gene Hall, 29, of Owings was heading east on Chesapeake Beach Road, police said. The Ford crossed the center line into the westbound lane near Jewell Road and struck a 1993 Chevrolet van. For more information, follow the link below.

Legislation Aims to Increase Safety of Imported Toys and Other Children´s Products

Fri, 31 Aug 2007 08:00:00 EST

In response to the recent spate of recalls and safety issues involving toys and other children's products, particularly imports from China, U.S. Senator John Nelson (D - Fla.) has proposed legislation entitled the "Children's Products Safety Act of 2007" (S. 1833). This proposal would amend the U.S. Consumer Product Safety Act by imposing new testing, labeling and certification requirements for all children's products and prohibit the importation of children's products that have not been certified by an independent testing authority. For more information, follow the link below.

Maryland Man Who Lost Family in Fire Sues Over Lack of Smoke Alarms

Fri, 31 Aug 2007 08:00:00 EST

Alleging that a Baltimore apartment building's management failed to install smoke detectors in the their where his fiancee and child died in a fire, a man has sued the manager for $52.3 million. The suit was filed in Baltimore Circuit Court by Roy Riley Jr., 28, who said he was left homeless after the July 14 fire. His pregnant fiancee, Raheem Rasheedah Muhammad, 28, their son, Royelle Edward Riley, 9, and Muhammad's niece, Markia Summerfield, 7, who was visiting, died in the blaze. For more information, follow the link below.

Three Injured at D.C. School When Stolen Car Jumps Curb

Fri, 31 Aug 2007 08:00:00 EST

A student, a teacher and a security officer at a District of Columbia elementary school were seriously injured yesterday when a stolen car jumped a curb and struck them as they were leaving school. The student suffered a fractured thigh in the incident, which occurred outside Whittier Elementary Schools at Sheridan and Fifth Streets, NW, according to Mafara Hobson, a school system spokeswoman. Both of the teacher's legs were fractured and the security officer was cut in the incident, Hobson said. None of the injuries was believed to be life-threatening, authorities said. Police said four youths were apparently in the car when it jumped the curb. A 17-year-old youth was taken into custody and three others were being sought.

Two Killed in Horrible Car Accident on the Way to the Eastern Shore

Fri, 31 Aug 2007 08:00:00 EST

A dump truck slammed into an SUV on Route 404 in Queen Anne's County this afternoon, triggering a multi-vehicle crash that left two men dead and closed eastbound traffic on a major Eastern Shore roadway at the start of the Labor Day weekend, Maryland state police reported. Elena Russo, a state police spokeswoman, said eastbound Route 404 near Pinder Road, in Queen Anne, would be closed while police sifted through the wreckage of a crash. Before the accident happened just after 2 p.m., motorists called authorities to report that the dump truck was "swerving all over the road," Russo said. Witnesses were following the dump truck for about two miles, and they were on the phone with the 911 center when the collision occurred," Russo said. Russo said the dump truck slammed into the rear of a Ford Explorer, "driving the entire rear of that vehicle into the front seat." The Explorer then struck a Volkswagen Jetta, which in turn hit a Range Rover, Russo said. The driver of the Ford Explorer died at Memorial Hospital in Easton, and a man riding in the backseat was pronounced dead at the scene, Russo said. A woman in the front seat of the Ford Explorer was critically injured and flown to Maryland Shock Trauma Center in Baltimore, Russo said. "Right now they think there's somebody in the backseat they're trying to get out, but they're not sure because the damage is so bad," Russo said late this afternoon. Russo said that the road would remain closed "until further notice. They've got a lot of wreckage to pull through. There could be other bodies in that crushed Ford Explorer. They don't know." Russo said police were urging that motorists take alternate routes. "Anybody traveling toward the beach on that route is going to be delayed," Russo said. Identities of the victims would be unavailable until their families were notified, she said. The driver of the dump truck was alone in the vehicle and uninjured, Russo said. The truck is owned by Schultz & Sons Salvage of Denton, she said. Authorities won't decide whether to file charges in connection with the crash until the Queen Anne's County state's attorney's office reviews the case, Russon said. The driver of the Range Rover was also uninjured, Russo said. The driver and two passengers in the Volkswagen Jetta suffered minor injuries, she said.

Another Chineese Toy Recall

Fri, 31 Aug 2007 08:00:00 EST

Click the link below for details.

Huge Toy Recall for Led Paint

Thu, 02 Aug 2007 08:00:00 EST

In an interview with The Associated Press on Wednesday, David Allmark, general manager of Fisher-Price, said the problem was detected by an internal probe and reported to the Consumer Product Safety Commission. Fisher-Price and the commission issued statements saying parents should keep suspect toys away from children and contact the company. The commission works with companies to issue recalls when it finds consumer goods that can be harmful. Under current regulations, children's products found to have more than .06 percent lead accessible to users are subject to a recall. Allmark says the recall was "fast-tracked," which allowed the company to quarantine two-thirds of the toys before they even made it to store shelves. In negotiating details of the recall, Fisher-Price and the government agreed to withhold details from the public until Thursday to give stores time to get suspect toys off shelves and Fisher-Price time to get its recall hot line up and running. Allmark said the recall was troubling because Fisher-Price has had a long-standing relationship with the Chinese vendor, which had applied decorative paint to the toys. Allmark said the company would use this recall as an opportunity to put even better systems in place to monitor vendors whose conduct does not meet Mattel's standards. He added: "We are still concluding the investigation, how it happened. ... But there will be a dramatic investigation on how this happened. We will learn from this." The recall follows another high-profile move from toy maker RC2 Corp., which in June voluntarily recalled 1.5 million wooden railroad toys and set parts from its Thomas & Friends Wooden Railway product line. The company said that the surface paint on certain toys and parts made in China between January 2005 and April 2006 contain lead, affecting 26 components and 23 retailers. "Anytime a company brings a banned hazardous product into the U.S. marketplace, especially one intended for children, it is unacceptable," said Nancy Nord, acting chair of the Consumer Product Safety Commission. "Ensuring that Chinese-made toys are safe for U.S. consumers is one of my highest priorities and is the subject of vital talks currently in place between CPSC and the Chinese government." Carter Keithley, president of the Toy Industries Association, praised Mattel's quick response to the problem, and suggested Mattel will use this setback as a lesson for not only the company but for the entire industry. However, he expressed concern about how the recall and other toy recalls will play out in consumers' minds in advance of the holiday season. "We are worried about the public feeling," said Keithley, adding he observed how toy companies are embracing strict controls during a recent toy safety seminar in China. "We have thought all along that (consumers) can be confident in the products," he said. "But if companies like Mattel have this, then you have to ask how did this happen?" Owners of a recalled toy can exchange it for a voucher for another product of the same value. To see pictures of the recalled toys, visit http://www.service.mattel.com. For more information, call Mattel's recall hot line at 800-916-4498. Click this link for a full listing of recalled toys.

Another Fatal Hit-and-Run in Maryland

Wed, 01 Aug 2007 08:00:00 EST

A fatal hit-and-run pedestrian collision occurred in Montgomery County on July 31, 2007. Police said that shortly after 9:30 p.m. on Tuesday a 17-year-old was struck in the intesection of Redland Road and Muncaster Mill Road in Derwood. The victim was taken to a local hospital where he died. Police said they are looking for a newer model silver BMW in connection with the case. They said the car likely has front end damage. Police said they believe the BMW is responsible for striking the victim.

Cell phone use by school bus drivers is widespread

Tue, 31 Jul 2007 08:00:00 EST

Despite the widely recognized dangers, school bus drivers in most of the country are free to chat on their cell phones -- or even punch in text messages-- while transporting America's children to class and back. In fact, only 13 states now forbid the practice, except in emergencies. And even in some of the areas where it is banned, enforcement is so spotty that citizen watchdogs and news media investigators have had no problem documenting scofflaws. For more information, follow the link below.

Va. Courts Brace for Avalanche of Bad-Driver Cases

Tue, 31 Jul 2007 08:00:00 EST

They have been trickling into courtrooms across Virginia in recent days. But this week, next week and week after week after that, thousands of traffic cases that carry steep new civil penalties will slam the state's judicial system. All summer, the political upset has been growing over new and higher fees for the most egregious driving offenses, fees that in some cases run as high as $3,000. But the practical effect is about to hit even harder, and judges and court clerks predict an unprecedented wave of trials, appeals, strategies and anger as they begin to hear cases subject to the new law. For more information, follow the link below.

With $517,000 Grant, Campaign Aims To Encourage Bike-Riding to School

Tue, 31 Jul 2007 08:00:00 EST

Bike riding was something that Sherly Poma, 14, avoided for a long time after a childhood accident left her with a scraped knee, but you wouldn't know it watching her confidently biking around the parking lot at Alexandria's Minnie Howard School earlier this month. For more information, follow the link below.

Poll: Americans dislike corporate misdeeds over frivolous lawsuits

Tue, 31 Jul 2007 08:00:00 EST

OKLAHOMA CITY – Americans are much more concerned about corporate misdeeds than tort reform, according to a national poll conducted for the American Association for Justice, formerly the Association of Trial Lawyers of America. For more information, follow the link below.

Two Killed in Beltway Crash

Tue, 31 Jul 2007 08:00:00 EST

ROCKVILLE, Md. (AP) -- Two people are dead and a serious crash is delaying morning traffic on the Capital Beltway near River Road. Authorities say the accident happened about 1:30 a-m on the Beltway's Outer Loop at River Road. For more information, follow the link below.

Another Fatal Hit-and-Run in DC

Mon, 30 Jul 2007 08:00:00 EST

DC Metropolitan Police are looking for any leads into a hit-and-run pedestrian that killed an elderly woman in D.C. Police found 84-year-old Mary Gaegler at about 5:20 a.m. Sunday in an alley behind the 5400 block of Connecticut Avenue in Northwest. Gaegler lived in an assisted-living facility on that block and a neighbor reported seeing her lying in the alley. They found her suffering from trauma to the body. Gaegler was struck sometime between 2 a.m. and 4 a.m. She was pronounced dead at the medical examiner's office. Police are looking for any information about why Gaegler was in the alley in her sleeping clothes, and whether anyone saw a car in the alley in the early-morning hours.

22 Pedestrian Deaths in DC in 3 Months!

Mon, 30 Jul 2007 08:00:00 EST

Deadly Car Accident in Washington DC Last Night

Sat, 14 Jul 2007 08:00:00 EST

Two people died Friday night after the pickup truck they were in rolled over into a wooded area in Fort Dupont Park in D.C. The accident occurred around 8:30 p.m. near the intersection of Fort Davis Drive and Southeast Massachusetts Avenue. Authorities said a woman died at the scene and a man died on the way to the hospital. Police said they were not sure what caused the vehicle to veer off the road and into the park. There were no other vehicles involved in the accident.

Fairfax Students Devastated After Grad Night Crash Kills 2 Classmates, 2 Others

Fri, 29 Jun 2007 08:00:00 EST

Students at West Potomac High School in Fairfax County have heard, repeatedly, about the dangers of alcohol. After their graduation ceremony Thursday afternoon, the school sponsored an alcohol-free, all-night party. But in the end, young drivers take the keys, and their fates, into their own hands. For more information, follow the link below.

Group Home Provider, City Sued Over Fatality

Fri, 29 Jun 2007 08:00:00 EST

Months before Melonie Nelson choked to death on a mouthful of bologna, her caretakers documented her growing habit of devouring large quantities of food. Although one-on-one supervision had been ordered, on three occasions in the final 16 days of her life, Nelson managed to grab food from the refrigerator in the Northeast Washington group home where she lived and shove it into her mouth. For more information, follow the link below.

Major recall of Thomas the Tank Engine trains due to lead fears

Fri, 29 Jun 2007 08:00:00 EST

WASHINGTON — A massive toy recall could have millions of parents taking their children's favourite toys away. On Wednesday, RC2 Corp. recalled about 1.5 million Thomas the Tank Engine wooden railway toys in Canada and the United States, due to concerns that the paint used on them may contain lead. Thomas the Tank Engine is a wildly popular toy among young children, especially boys. For more information, follow the link below.

LaVar Arrington Hurt in Motorcycle Accident

Fri, 29 Jun 2007 08:00:00 EST

Washington, DC (Sports Network) - Former New York Giants and Washington Redskins linebacker LaVar Arrington was injured in a motorcycle accident outside of Washington, DC. The Washington Post reports that Arrington sustained multiple injuries in a crash that did not involve any other vehicles. He was taken to a local hospital. For more information, follow the link below.

Woman Hit by Police SUV is Identified

Fri, 29 Jun 2007 08:00:00 EST

An Albemarle county police officer struck a woman with her SUV and now that woman is dead. The fatal accident happened Wednesday night. Thursday, Virginia State Police are investigating the incident. For more information, follow the link below.

Car Injures 35 Pedestrians in Washington D.C.

Sun, 03 Jun 2007 08:00:00 EST

woman plowed her car through a crowded street festival Saturday night, injuring about 35 people, including two police officers who drove their motor scooters into her path attempting to stop her, authorities said. Police said seven of the victims, including two children under age 3, suffered major injuries. Officers caught up with the driver, whom they identified as Tonya Bell, 30, of Oxon Hill, Md., near the site of the festival in the city's Anacostia neighborhood. She was arrested and charged with aggravated assault while armed. The "armed" part of the charge refers to the car. District of Columbia Police Chief Cathy L. Lanier said additional charges are pending. Alan Etter, a spokesman for the District of Columbia fire department, said authorities believe Bell was going about 70 mph when she came through the festival. Witnesses described an extended period of mayhem in which the driver started off slowly through some closed streets and finally hit the accelerator on the avenue running through the heart of Unifest, an annual event sponsored by a church. The car hit a stage where people were dancing, witnesses said. Ryland Anderson, 19, and Philemon Walker, 24, told The Washington Post they were about to cross the street as the festival was winding down when the car sped past. They described strollers being flung into the air and said they saw the body of a man apparently lodged in the station wagon's wheel well.

Judge Hits D.C. Fire & Emergency Medical Services Agency

Sat, 02 Jun 2007 08:00:00 EST

More than a decade has passed since the since Tyra Hunter, a transgender D.C. woman, died. But correcting the transphobic and homophobic culture of the D.C. Fire & Emergency Medical Services Agency (FEMS) -- made evident as Hunter lay dying in the street after an auto-pedestrian accident and an FEMS officer withdrew care and instead offered taunts and slurs after discovering her male genitalia -- continues today. For more information, follow the link below.

DC woman filed a false police report claiming that a bus hit her stroller and injured her child

Sat, 02 Jun 2007 08:00:00 EST

After a string of pedestrian deaths involving Metrobuses, D.C. residents were shocked in February after learning of a heart-wretching accident: A bus struck the stroller Miss Rousseau was pushing, knocking her 3-year-old daughter to the ground. For more information, follow the link below.

More evidence that medical malpractice "crisis" was a fiction

Sat, 02 Jun 2007 08:00:00 EST

WASHINGTON, May 24 /PRNewswire-USNewswire/ -- The American Association for Justice (AAJ) today released a report revealing the medical malpractice insurance industry has been price-gouging doctors through excessive premiums and needlessly contributing to the growing cost of healthcare. Written by former Missouri Insurance Commissioner Jay Angoff, the study is based on recent annual reports from the top 15 medical malpractice insurers as rated by A.M. Best. The report shows that these insurers artificially raised doctors' premiums and misled the public about the nature of malpractice claims -- asserting that a so-called "malpractice crisis" exists. The report puts the lie to that claim. For more information, follow the link below.

Disabled activists descend on D.C.

Sat, 02 Jun 2007 08:00:00 EST

WASHINGTON -- A pair of handcuffs is tucked into one side of Daniese McMullin-Powell's wheelchair -- as always. She keeps a stash of about 150 pairs at home in case she needs to attach herself to a fence to hold her ground when others want her to yield. For more information, follow the link below.

OxyContin: Purdue Pharma's Street Drug

Fri, 01 Jun 2007 08:00:00 EST

Purdue Pharmaceuticals knowingly oversold it's powerful and addictive painkiller, OxyContin. For more information, follow the link below.

FDA Allows another dangerous drug to stay on the market

Fri, 01 Jun 2007 08:00:00 EST

A diabetes drug that has been available for years is now being called into question for causing heart attacks. For more information, follow the link below.

At least 2 are killed in 7-car crash near D.C.

Fri, 01 Jun 2007 08:00:00 EST

FORESTVILLE // A seven-car, chain-reaction crash yesterday on the Capital Beltway killed at least two people and injured 15, including two police officers, authorities said. It started at about 7 p.m. when a Prince George's County police officer spotted a speeding motorcycle and positioned himself to stop it on the inner loop, police said. The motorcycle rider swerved in front of a civilian car and sped away, causing the officer's car to hit the civilian's. That car rolled down an embankment onto the outer loop, where five other cars crashed into each other. For more information, follow the link below.

Small child hit by truck in Edgewater Maryland

Thu, 24 May 2007 08:00:00 EST

Police arrested a man in Edgewater, Md., Wednesday after he hit a 6-year-old boy and then fled the scene. The child was hit by the truck in the 1700 block of Shadyside Drive. The driver got out of his vehicle and ran. The boy was flown to a hospital and his condition is not known.

Teen struck by a vehicle in a crosswalk in Fairfax, Virginia

Thu, 24 May 2007 08:00:00 EST

A 14-year-old boy was struck by a vehicle in the city of Fairfax Wednesday. The boy was crossing Main Street near in front of the Picket Shopping Center on Picket Drive at about 4:30 p.m. when he was hit. The teen was in the crosswalk when the car hit him. The young man suffered life-threatening injuries and was taken to Inova Fairfax Hospital.

Prom night leads to car wrecks

Sat, 19 May 2007 08:00:00 EST

Three teens were seriously injured when their car slammed into a tree following their prom -- and police don't know how long the crash went undiscovered. A Montgomery County police officer came upon the wreck on Middlebrook Road about 6:15 a.m. Saturday, investigators said. Police said it appears the driver, may have fallen asleep while driving his 1992 Buick Century. Investigators said the car struck a curb, then slammed into a tree. It took rescuers 15 minutes to free the driver and his two passengers from the mangled Buick, police said. The driver, most seriously injured, was flown by helicopter to a nearby trauma center, where he was in critical condition, police said. Investigators said it the students from Northwest and Clarksburg high schools were returning from a prom-related event. The crash happened about a mile from the Northwest High School, which held its prom Friday night.

Another child pedestrian hit in Montgomery County

Sat, 19 May 2007 08:00:00 EST

A 13-year-old boy was seriously injured when he was struck by a car in Germantown on Saturday afternoon, police said. The boy had just gotten off a Ride On bus at Germantown and Clopper roads and was running across the street when another car hit him, police said. The boy was in serious condition late Saturday.

Prince George's County Police Car, School Bus Collide

Wed, 09 May 2007 08:00:00 EST

Prince George's County police said a county officer has been involved in a collision with a school bus. The collision happened on Pennsylvania Avenue at Silver Hill Road, police said. The officer was supposedly responding to a call about shots fired in the area and was traveling with lights and sirens on when the crash happened, police said. Officials said 29 students from the Braddock Heights Elementary School and four adults were on the bus. The students were being rewarded for reading. Officials said they were on a field trip to the Prince George's Stadium to see the Bowie Baysox. Authorities said there are about a dozen minor injuries on the bus and the students were taken to four hospitals. The officer also suffered minor injuries, police said.

Pedestrian hit by street sweeper in D.C.

Tue, 01 May 2007 08:00:00 EST

D.C. police are investigating after a man in a wheelchair was apparently struck by a street sweeper vehicle on Monday. Police said that at about 1:30 p.m. the man was struck while at the intersection of 14th and P streets in Northwest. The man was transported to a local hospital in stable condition with non-life-threatening injuries, police said. The cause of the incident is under investigation.

Services Held for 2 Area Traffic Accident Victims

Mon, 30 Apr 2007 08:00:00 EST

WASHINGTON -- Funerals were held Saturday for two victims killed in different traffic incidents. One was a Montgomery County Police officer; the other, a 6-year-old girl. Crysta Marie Spencer's service was held first, at Mt. Olive Baptist Church. The church is only steps away from the girl's home -- and the intersection where she was killed on April 23. For more information, follow the link below.

New Program Sets the Pace for Driving in D.C.

Mon, 30 Apr 2007 08:00:00 EST

A new initiative to get drivers to slow down is being introduced in the District, on the heels of the latest fatal pedestrian accident involving a 6-year-old girl. On Wednesday, the District Department of Transportation, along with the Washington Area Bicyclist Association launched the "Pace Car Program." For more information, follow the link below.

Consumers Say Govt Failed to Protect them from Dangerous Prescription Drugs; Americans Back Host of Drug Safety Reforms

Mon, 30 Apr 2007 08:00:00 EST

As Congress prepares to vote on the most significant prescription drug safety legislation in 45 years, a new Consumer Reports poll released Monday finds that the American public strongly backs a host of key safety reforms. Nine out of 10 agree that all clinical drug trial results should be made public, and that the government should have the power to require warning labels and follow-up studies on drugs with safety problems. For more information, follow the link below.

More on D.C.s Most Dangerous Intersections

Mon, 30 Apr 2007 08:00:00 EST

THIS PAST WEEK'S hit-and-run death of a six-year-old girl at 6th Street NE and Orleans Place in Near Northeast has once again thrust the issue of pedestrian safety in the District back into the spotlight. This past winter, the deaths of two pedestrians crossing Pennsylvania Avenue at 7th Street NW — they were hit by a Metrobus making a left turn — focused attention on D.C.'s dangerous intersections. For more information, follow the link below.

Woman's Family Sues Over Fatal Bus Accident

Mon, 30 Apr 2007 08:00:00 EST

The family of a Northwest Washington woman who died after being struck by a Metrobus in June filed suit against Metro yesterday, seeking $40 million in damages. The lawsuit, filed in U.S. District Court in Washington, was brought by Robert Fenichel, whose wife, Emily, 64, was hit while crossing Wisconsin Avenue at Jenifer Street NW late June 8. She was walking in the crosswalk when struck by a bus making a right turn onto Wisconsin. For more information, follow the link below.

DC Duck Hits Minivan

Wed, 25 Apr 2007 08:00:00 EST

A D.C. Ducks tour boat was involved in a crash with a minivan at New York and Montana avenues in Northeast D.C. Tuesday evening. Three senior citizens in the minivan were taken to area hospitals by ambulance with non-life-threatening injuries. The D.C. Ducks Amphibious Tours vehicle is both a boat and a bus, and it was on its way back to a depot when it collided with a Toyota minivan, causing the minivan to overturn. The three occupants of the minivan were trapped.

Six year old child killed in Washington D.C. by hit and run driver

Mon, 23 Apr 2007 08:00:00 EST

A child has died after being struck by a vehicle in northeast D.C., authorities said. Shortly before 4:30 p.m. Monday, April 23, 2007, police went to the intersection of Sixth Street and Orleans Place and found a 6-year-old girl unconscious. Police said a vehicle struck the girl and fled the scene. The girl suffered serious injuries and was taken to an area hospital. She later died. Police said the girl was crossing Sixth Street to go to an after-school program when she was struck by a green SUV, traveling north on Sixth. The vehicle may have had Maryland license plates and tinted windows.

Virginia Police Search for Hit and Run Driver

Mon, 23 Apr 2007 08:00:00 EST

Fairfax County police are asking for the public's help in identifying a hit-and-run driver. Authorities said that a 67-year-old man was crossing the street near the intersection of Telegraph Road and Huntington Avenue at about 9:45 p.m. Saturday when he was hit by a car. Police said the driver of that car did not stay at the scene. The man is currently in critical condition. Police described the car as a light blue sedan with dark windows and custom wheels. They said it should have damage to the hood and possibly the windshield. Anyone with information is asked to call Fairfax County police at 703-691-1231.

One person died in another highway collision

Fri, 20 Apr 2007 08:00:00 EST

According to the Maryland State Police, one person died in a serious crash on the Capital Beltway. The crash happened shortly after 5 a.m. in the southbound lanes of Interstate 95, south of Route 202, police said. A tractor-trailer that was parked on the side of the road was hit by another vehicle.

School Bus Involved in I-270 Collision

Thu, 12 Apr 2007 08:00:00 EST

Three people were injured on April 12, 2007 at about 2:00 p.m. after a collision on Interstate 270 closed down all southbound lanes near Montrose Road in Rockville. Montgomery County Fire and Rescue spokesman Pete Piringer said a school bus was involved in the collision, along with three other cars. No children were on board at the time. Piringer said the injuries do not appear to be life-threatening. Maryland State Police are investigating the cause of the collision.

Pesestrian Killed in Fairfax, Virginia

Thu, 12 Apr 2007 08:00:00 EST

On April 11, 2007, a 52-year-old man died after being struck by an SUV or Jeep. The man was hit at about 10:30 p.m. as he was crossing the southbound lanes of Richmond Highway at the intersection of Fairhaven Avenue in the Huntington area. Police said the man may not have been in a crosswalk. A motorist had the green light but stopped to allow the man to cross, police said. The light had changed to yellow when a vehicle in the center southbound lane hit the man. The vehicle slowed down but then fled south on Richmond Highway, police said. The man was airlifted to Inova Fairfax Hospital where he died. He was the fifth pedestrian killed in Fairfax County this year. Police continue to search for the vehicle. They said it should have extensive front-end damage and at least one missing headlight.

The Medical Malpractice "Crisis" Revisited

Thu, 29 Mar 2007 08:00:00 EST

Are malpractice lawsuits hurting the medical establishment? According to the Department of Justice, the answer is no. For more information, follow the link below.

Doctor resigns, hospital investigates questionable surgeries

Thu, 29 Mar 2007 08:00:00 EST

A cardiologist resigned his staff privileges at a Maryland hospital citing vision problems after officials began investigated whether he performed unnecessary stent procedures to prop open clogged arteries. The doctor, John R. McLean, cited visual impairment as a disability in resigning his privileges at Peninsula Regional Medical Center in Salisbury, Md., hospital officials said Wednesday. For more information, follow the link below.

Three Killed in Fiery Car Crash in D.C.

Thu, 29 Mar 2007 08:00:00 EST

New information from D.C. police about the fiery crash that killed three people in the city last night. The three-car crash happened just before midnight in the 3300 block of Pennsylvania Avenue Southeast. Police now say it was a Ford Mustang that was speeding eastbound on Pennsylvania and crossed into the west bound lanes. For more information, follow the link below.

New concerns about pet food recall

Thu, 29 Mar 2007 08:00:00 EST

There are new concerns about the pet food recall. Some veterinarians say tens of thousands of dogs and cats could be affected. According to the Veterinary Information Network website, there have been 104 deaths so far related to the contaminated food. The vet who runs the site believes the scope of the problem is being seriously underreported. But the official death toll from the government and the food maker, Menu Foods, remains at 15 animals. For more information, follow the link below.

America's scientific and medical progress threatened by flat funding for NIH

Thu, 29 Mar 2007 08:00:00 EST

Years of stagnant budgets outpaced by inflation threaten the progress of biomedical research and could thwart advances in treatments that are within reach, nine of the nation's most preeminent scientific and medical institutions told Congress today. In a new report on the status of U.S. medical research and its funding, the group explained how perennially flat funding of the National Institutes of Health (NIH) has halted promising research in mid-stream, challenged seasoned researchers to continue to achieve scientific progress, and threatened the future of young investigators pursuing careers in academic research. And, if left unaddressed, these problems could undermine U.S. global leadership in biomedical research, the report warns. For more information, follow the link below.

Tort Reform Hypocrisy

Wed, 28 Mar 2007 08:00:00 EST

The Center for Justice and Democracy has compiled an interesting list of some of the more lawsuit-happy members of the Tort Reform movement. The names on the list may surprise you. For more information, follow the link below.

DC Transit Accident Epidemic

Wed, 28 Feb 2007 08:00:00 EST

The past few months have seen fires, derailments, and pedestrian fatalities from D.C.s transit system. Follow the link for more details.

Lewis and Tompkins Spring 2007 Newsletter

Wed, 28 Feb 2007 08:00:00 EST

More accolades for Lewis and Tompkins in 2006. For more details, follow the link below.

Two Pedestrians Struck, Killed by Metrobus

Wed, 28 Feb 2007 08:00:00 EST

Two Alexandria women were struck and killed by a Metro Bus in D.C. on February 14th. For more details, follow the link below.

Metro Chief Vows Better Bus Safety

Wed, 28 Feb 2007 08:00:00 EST

Metro's new general manager is taking steps that amount to the most dramatic changes in bus operations in a generation, saying safety must be improved and public confidence regained after four pedestrians were recently struck and killed by buses. For more details, follow the link below.

Family of Slain Journalist Discussing Settlement

Wed, 28 Feb 2007 08:00:00 EST

The family of slain New York Times journalist David E. Rosenbaum is in discussions with the District government about a settlement of their lawsuit over the emergency response to his mugging last year. Rosenbaum's children, Daniel and Dorothy Rosenbaum, filed the $20 million lawsuit in November, alleging that their father was a victim of official negligence and medical malpractice. The suit was filed against the District and Howard University Hospital, where Rosenbaum died two days after the attack, which occurred on a street near his home. For more information, follow the link below.

Boy has serious head injuries after accident

Wed, 28 Feb 2007 08:00:00 EST

A 12-year-old boy was critically injured in a car accident in Germantown Tuesday night. Side airbags likely saved Carson Daniel Fehner's life, said Capt. Thomas Didone, commander of the Fifth District Police Station in Germantown. For more information, follow the link below.

Hurricane Katrina: 17 Months and Counting

Sun, 28 Jan 2007 08:00:00 EST

It has been almost a year and a half since Hurricane Katrina devastated New Orleans and the Gulf Coast, and there are still vast areas that are uninhabitable. For more information, follow the link below.

Progressive Insurance: Art for Profit's Sake

Sun, 28 Jan 2007 08:00:00 EST

Progressive Insurance has one of the most expensive collections of American art in the world. They aren't passing the value on to you. For more information, follow the link below.

Metrobus Hits, Kills Woman In NW

Sun, 28 Jan 2007 08:00:00 EST

A woman is dead after she was hit and killed by a Metrobus in northwest D.C. Tuesday night. Police said it happened a little before 10:30 p.m. An H-8 Metrobus was traveling north on 16th Street and was making a left-hand turn onto Park Road when the woman, a pedestrian, went in front of the bus, ran into the roadway and was struck and killed. For more details, follow the link below.

Insurance Industry Posts Record Profits In 2006

Sun, 28 Jan 2007 08:00:00 EST

The insurance industry made record profits in 2006, and a new report out Monday said it's at customers' expense. Some consumer groups said companies are paying out lower claims and charging higher premiums than in the last 50 years. After the Florida hurricanes of 2004, consumer groups said the insurance industry made record profits. After Katrina in 2005, the industry broke that record in how much it took in. And in 2006 --- with no major disasters -- the industry made $60 billion in profits. For more details, follow the link below.

20 hurt after D.C. subway train derails

Sun, 07 Jan 2007 08:00:00 EST

WASHINGTON — A subway train derailed Sunday near downtown Washington, sending 20 people to the hospital and prompting the rescue of 60 people from a tunnel, officials said. The accident happened at about 3:45 p.m. near the underground Mount Vernon Square station, which serves two lines beneath the Washington Convention Center, Metro spokeswoman Cathy Asato said. There were about 150 people on the train. For more details, follow the link below.

Database To Detail Doctors' Records

Sun, 31 Dec 2006 08:00:00 EST

D.C. patients will someday be able to go online to a city Web site and check their doctors' credentials and experience and whether they have lost malpractice suits or been disciplined. Under legislation passed by the D.C. Council in its final session this year, District doctors, hospitals and health providers soon will be required to report "adverse medical events" to a centralized database being created by the city medical board, one of several measures that advocates say will help safeguard patients and improve care. For more information, follow the link below.

Five years after wife's death, Air Force settles with sergeant

Sun, 31 Dec 2006 08:00:00 EST

RAF LAKENHEATH, England — Tech. Sgt. Brian Garcia is looking toward the future after a 20-year Air Force career. But a recent bittersweet victory over the Air Force legal and medical establishment has forced the 48th Fighter Wing fire safety inspector to reflect on a painful past. For three years, Garcia pursued a legal claim against the service after his wife, Tracy, died five days after routine surgery at the RAF Lakenheath hospital. Her death left Garcia to care for their four children on his own. For more information, follow the link below.

Merck Judge Refuses Class-Action Status for Vioxx

Thu, 23 Nov 2006 08:00:00 EST

Nov. 22 (Bloomberg) -- Merck & Co. won a bid to block users of its Vioxx painkiller who claim the drug contributed to heart attacks and strokes from suing as a group. U.S. District Judge Eldon Fallon of New Orleans refused to grant class-action status to Vioxx users throughout the country who claim personal injury and wrongful death as a result of taking the drug, which was pulled from the market in 2004. Fallon ruled that the differences among the individual claims were too great to permit them to be tried together. For more information, please follow the link below.

Leading Tort Reformer Files Tort Case Against State Farm

Wed, 01 Nov 2006 08:00:00 EST

When it came to arguing for Tort Reform, Senator Trent Lott was one of the more strident voices in Washington. Will his treatment by State Farm after Hurricane Katrina change his position?

Army explores issue of living wills as more return from war in comas

Fri, 06 Oct 2006 08:00:00 EST

A growing number of troops are returning from Iraq and Afghanistan with severe brain damage, prompting the Army to examine whether living wills or other care directives from soldiers ought to be available to battlefield doctors. The issue was raised this summer by wounded soldiers and families of casualties during a symposium sponsored by the Army's Wounded Warrior Program. For the whole story, follow the link below.

Indiana Man Wins $20 Million Verdict v. Allstate

Fri, 06 Oct 2006 08:00:00 EST

A jury on Thursday decided that Ted K. Fields was in bad hands with Allstate and awarded the Valparaiso man $20 million. Fields' attorney, Kenneth J. Allen, said the jury's decision supports his contention that Allstate acted in bad faith against its customers, and he hopes the verdict sends a message to Allstate and other insurers to treat their customers fairly. For the whole story, follow the link below.