Washington DC Injury Attorney Blog

The National Highway Traffic Safety Administration (NHTSA) is spending over 13 Million on ads and teaming up with about 11,000 police agencies for Labor Day Weekend. It is reported by the government that there are about 17 million drunk drivers a year in the United States, much of which have deadly results.

David Strickland, Administrator for the NHTSA said, "We have got to go more to close the gap between believing that drunk driving is a threat and actively doing something about it."

The message in Virginia is clear: "Drunk Driving, Over the Limit, Under Arrest."
A government survey conducted in 2010 shows that 1 in 5 people admit driving just two hours after drinking, while a quarter of drunk drivers report drinking at least 3 times a week. The survey also shows that 1 in 10 people knowingly get into a vehicle with a drunk driver.

The Director of the Maryland Highway Safety Office, Mr. Vernon Betkey, said, "If we eliminated drunk driving on our highways, and also had 100 percent seatbelt usage, we would cut the amount of fatalities we have by one half."

The National Highway Traffic Safety Administration (NHTSA) announced today that they have proposed a rule that would require motorcoach buses to have lap/shoulder belts installed while traveling between Washington, D.C. and New York, in order to lessen the risk of riders being through about in the event of a crash.

Motorcoach buses are defined as; "intercity, tour, or commuter buses having a gross vehicle weight rating of more than 26,000 pounds that seats at least 16 passengers and has at least two rows of forward-facing seats behind the driver." according to Ray LaHood, Transportation Secretary of the NHTSA.

The rule would not include urban transit buses and large school buses. The NHTSA says that fewer crashes resulting in the ejection or fatality of passengers occurs less on urban buses. Small school buses (less than 10,000 pounds) will be required to have lap/shoulder belts beginning on January of 2011.

According to NHTSA officials, up to eight lives would be saved and 114 to 794 injuries prevented each year if the installment of lap/shoulder belts was implemented on motorcoach buses. Federal data shows that 19 motorcoach passengers are killed each year. The installation of the belts would reduce the risk to passengers by 77%. The NHTSA is committed to saving lives and making sure that travelers reach their destinations safely.

This proposed rule is open for public comment for the next 90 days and would go into effect three years after the rule is passed.

Effective June 30, 2008, the state of Maryland, put into effect a New Child Booster Seat Law, which requires all children in Maryland to ride in an approved child booster seat until the age of 8, reach a height of 4'9", or weigh over 65 pounds. This new law also requires that children between the ages of 8-16 be secured in seat belts. Also no child under the age of 16 is allowed to ride in the back of pickup trucks.

Booster seats are intended to provide a platform that lifts the child up off the vehicle seat in order to improve the fit of the child in the adult safety belt.

According to the Centers for Disease Control, motor vehicle injuries are the leading cause of death among children in the U.S. The use of child booster seats for children ages 4-7 reduces the risk of injury from a car accident by 59% compared to using a seat belt without a booster seat.

Each year, an average of 500 children ages 4-7 die and thousands more are injured as a result of automobile accidents. According to the Partners for Child Passenger Safety, booster seats can substantially reduce the risk of death and injury to children through the age of 7. The National Highway Transportation Safety Agency's National Survey of the Use of Booster Seats states that only 25 % of children were properly secured in a booster seat.

Here are some helpful ways to determine when a child is ready to move from a child booster seat to a regular seat, according to the Safety Belt Safe and Safe USA.:

- the child, seating flush against the back of the seat, can bend his/her knees over the seat edge comfortably;
- the should belt rests between the neck and shoulder when seated;
- the lap belt is across his/her lap, not riding up on the abdomen or down on his/her thighs, when seated;
- the child is mature enough to remain in the correct position for the duration of the ride.

The fine for violating the law is $25 in the state of Maryland. 17 states, including Maryland and the District of Columbia have implemented the new booster seat law.

The National Transportation Safety Board (NTSB), announced on July 27, 2010, that it had completed its investigation into the Washington Metropolitan Area Transit Authority (WMATA) train crash of June 22, 2009.

The crash occurred around 5pm. Two red line trains were involved. One train slammed in to the back of another train, outside the Fort Totten Station, in Washington, D.C.. The rear train, which was traveling at a high rate of speed, crashed into the rear of the front train and was propelled about 65 feet into the air and landed on the front train. Many people were ejected from the rear train and nine people, including the operator of the rear train died on impact.

The cause of the crash was determined to be a defective electronic circuit and negligent safety standards. The defective track circuit modules cause the automatic train control (ATC) to lose detection of the trains traveling on the red line track. The circuit is responsible for maintaining a safe distance between trains traveling on the same track. This circuit began to lose its ability to detect trains on the track and therefore the trains collided, because there was not enough time for the rear train to stop before crashing into the front train. The crash could have been avoided had the necessary verification tests, that were developed in 2005, had been conducted. Had this test been used, the system failure would have been detected and the lives of the 9 victims could have been spared.

Furthermore, WMATA's failure to replace and retrofit its 1000- series rail cars (cars involved in the crash) was also determined to be a cause of the crash. WMATA failed to replace these cars, despite knowing they rated poorly, when it came to crashworthiness.

Numerous accident injury lawsuits and wrongful death lawsuits have been filed against WMATA as a result of the crash. Our office specifically is representing 2 parties injured in this crash.

Deborah Hersman, Chairman of the NTSB said, "Our hope is that the lessons learned from this accident will be not only a catalyst for change at WMATA, but also the cornerstone of a greater effort to establish a federal role in oversight and safety standards for rail transit systems across the nation."

Once the ticket has been written, you have two easy steps you can take: Pay the ticket or appear in court.

When you are issued a ticket and the officer checks the "Notice to Appear" box, you have three of the following options:
- Plead "guilty" and pay the fine. Be aware however, that a plea of guilt results in the charge becoming part of your driving record. You have 15 days to pay the ticket. If the ticket is not paid within 15 days, you will automatically receive a trial date set by the court.
- Wait for trial notice and appear in court. At trial, you and the officer that issued the ticket have the opportunity to appear in court and testify in front of a judge. If you are found guilty, you have the right to an appeal within 30 days. If you do not appear at your trial, the Motor Vehicle Administration will suspend your driver's license.
- Plead "guilty with an explanation". This option gives you the opportunity for a hearing. At the hearing you can request that the fine be reduced or waived.

"Must appear" tickets are given for more serious infractions, such as, driving under the influence, driving while intoxicated, driving on a suspended license, etc. , according to the District Court of Maryland.

The Maryland General Assembly has passed a new law that will come into effect on January 1, 2011. This new law requires anyone who wants a trial to formally request one. The state will no longer automatically send you a trial date notice for a traffic violation. Once the law goes into effect, you have 30 days to respond by either, paying the fine, requesting a hearing or requesting a trial date. When you request a trial date, the District Court will give you a date and time to show up in court, in front of a judge. You may bring witnesses and any evidence to prove your case.

The previous law was changed because the courts were receiving complaints from various jurisdictions about officers wasting time appearing at trials where the defendants did not appear. The new law states that failure to take one of the above options means the Motor Vehicle Administration (MVA) can and will suspend your license.

According to the National Highway Traffic Safety Administration (NHTSA), automobile crashes are the leading cause of death for teenagers in the USA. The deadliest time is the period between Memorial Day and Labor Day for drivers between the ages of 15-20. It is during this time that teens are out of school, have more free time under less parental supervision and have more opportunities to drive at night, when the road risks are higher and their curfews later in the night. Inexperience and Immaturity are the two main factors in teen auto crashes.

Justin McNaull, state relations director for auto club AAA states that, "For many kids, every day in the summer is a weekend day." During the summer teens are less supervised by their parents and allowed more freedom, when it comes to driving. Teenagers also do more purposeless driving, which are more dangerous. Driving at 10pm is different than driving at 7am. The deadliest hours for teens are the hours between 10pm to midnight on Fridays and Saturdays. It is because of their inexperience and immaturity that they tend to maneuver turns carelessly and rear-end other vehicles more frequently, and when you add the fact that they are doing this more at night it becomes even more dangerous.

States and Highway safety officials try to reach out to young drivers, as well as their parents, before the end of the school year to remind them to exercise caution while driving during summer vacation. The Washington Regional Alcohol Program, a non-profit group battling drunken driving and underage drinking in Washington, D.C., Maryland and Virginia, warns parents of the hazards of summer driving through media and parent-teacher organizations. According to this organization, during the summer months there are about 50% more drink driving deaths involving teens than any other time of the year.

Washington, D.C., Maryland and Virginia have implemented laws specifically for teens. Two of the laws implemented are the "Click it or Ticket" and "Seat Belt Laws", which push seat belt usage for teens. Other than what the states can do, parents also need to be more responsible during the summer months for their children.

As of July 1st, 2010, there are two more traffic laws that are going into effect in Virginia.

The first law is the "Seatbelt Law". The Seatbelt Law is an expansion of a law that is already in the books. It states, that persons up to the age of 17 must wear seatbelts at all times, regardless of where they are seated in a vehicle. If this law is violated, Police Officers can pull you over and issue a citation of $25.00.

The second law is called the "Move Over Law". This law applies to emergency and law enforcement vehicles, as well as tow trucks and maintenance vehicles. The law requires drivers to move over a lane when passing a vehicle flashing amber lights. If this law is violated, it will be punishable as a traffic infraction.

Virginia joins 38 other stated that already have enacted the "Move Over" laws for highway workers.

The state of Maryland is installing roundabouts because they offer a good solution to safety and capacity problems at intersections. At intersections where roundabouts have been installed accidents of all types have been reduced by over 60 percent, and injury accidents have reduced by over 75 percent. Roundabouts can also offer high capacity at intersections without requiring the expense of constructing and maintaining a traffic signal.

80 roundabouts have already been installed in Maryland on state roads and a plan to add about 15 more is in the planning stages, according to David Buck, a spokesman for the Maryland State Highway Administration.

Here are some Facts about Roundabouts:
1) Slow speed, circular intersection.
2) No stop signs or signals within the circle.
3) Safer than other types of intersections with fewer points where vehicles could collide with each other, pedestrians or bicyclists.
4) Crashes are less severe as vehicles have already slowed down to enter and navigate the roundabout.
5) In a crash, vehicles tend to sideswipe each other, rather than collide in a T-bone manner.

Roundabouts are safer, quieter, more environmentally friendly and can be cheaper than building intersections with signs and signals. In a study conducted in 2007 by the National Cooperative Highway Research Program of the National Academies, converting a traditional intersection to a roundabout led to a 35 percent drop in crashes and a 76 percent drop in fatal or serious injury crashes. It is this fact that makes roundabouts appealing, so appealing that other states, such as Delaware, Georgia and Indiana are adding more to their traffic systems.

Physhield Insurance Exchange, a risk retention group (RRG), has been approved in Maryland, to write medical professional liability insurance policies. Physhield now has the authority to operate as a liability insurer in Maryland, as well as other states, such as Florida, Texas and Nevada. According to Robert Trinka, Chief Executive of Phyhealth (an affiliate of Physhield) says that Physhield can also write policies in Washington, D.C.

This RRG will insure large, single speciality or multispeciality doctors groups that have more than $500,000 a year in premiums. The insurance will be sold through the sales force and Internet site of Maryland-based Palumbo Insurance Associates, a full service commercial insurance agency in Maryland.

Physhield's business model is to bring together groups of local physicians who will form a delivery network, and be the primary owners of the groups HMO license. They will develop and market HMO products for their community of patients. This is the doctors that Physhield will offer medical professional liability insurance to. It is these physicians that have the financial responsibility over the care that is delivered, and therefore, have a great deal of control over their own liability insurance situation.

Putting physicians in control of the care and the liability, results in more effective medicine practices. With more control come greater responsibilities, and these Physicians are held liable for the treatment and services they render.

In 2007, the Federal Highway Administration stated that there were more than 20 million licensed drivers 70 and older in the United States. In 2030, there will be an estimated 9.6 million Americans 86 and older, that is a 73% increase from the 2007 US Census estimate. These elderly drivers would be responsible for 25 % of all fatal crashes.

A study conducted by Carnegie Mellon University, using date from 1999-2004 made the following discoveries about elderly drivers:
- Fatality rates for drivers begin to increase after age 65.
- For drivers over the age of 85, the fatality rate increases 4 times more than that of teenage drivers (this is an average of three fatal automobile accidents per day).

Many factors contribute to elderly driver accidents. These factors are poor judgment in making turns, drifting within the traffic lane, and decreased ability to change behavior in response to an unexpected or rapidly changing situation. Also, eyes change with age. Elderly people lose the ability to focus quickly, peripheral vision narrows and the retina become less sensitive to light. In addition to physical/medical changes to elderly people, one must also consider the impact that prescription medications have. Some side effects to medications taken by the elderly can hinder their ability to driver safely. In order to be a safe driver, paying attention to road conditions and your own body changes are essential. Ultimately, what matters on the road is performance.

Asbestos: a naturally occurring mineral found in certain rock formations, mined from open pit mines. Most of the asbestos used in the United States comes from Canada. Three kinds of asbestos are most commonly found in the US: Chrysotile, "white asbestos"; Amosite, "brown asbestos" and Crodifolite, "blue asbestos".

Asbestos was used in more than 3000 different products, ranging from pipe insulation, floor and ceiling tiles, brake pads, plasters, adhesives, paint, packing materials for valves, roofing materials, etc. Asbestos fibers were wonderful to use because they were durable, strong, flexible, and most importantly resistant to wear.

Concerns with Asbestos:
In the early 1960's evidence began to emerge showing that certain diseases were rampant among asbestos workers. These workers were ones that worked in mills, manufacturing facilities, painters and shipyards. These people were heavily exposed to airborne fibers. They were at high risk of developing an asbestos-related disease.

The diseases most common are asbestosis, lung cancer, mesothelioma, and digestive system cancers. Fibers may be inhaled or ingested. The fibers are small and can remain in the air for various hours. These fibers have no color or smell and therefore; are difficult to detect. Asbestosis is a chronic lung condition where the lungs become scarred, breathing becomes difficult and the disease may worsen even if the person stops working with asbestos. Mesothelioma is a rare form of cancer to the lining of the lung and/or abdominal cavities and is always fatal. None of the asbestos related diseases have early warning symptoms and are usually diagnosed years after the disease begins to develop.

Regulating Asbestos:
The Environmental Protection Agency (EPA) regulates Asbestos. They brought to law a Clear Air Act to produce regulations to regulate air pollutants hazardous to health. These regulations are called the Emission Standards for Hazardous Air Pollutants. Asbestos is one of the air pollutants that is being regulated by the act. Asbestos in schools is also regulated by the EPA, but specifically by the Asbestos Hazard Emergency Response Act (AHERA). Under AHERA schools are required to inspect buildings for asbestos and develop a plan to manage asbestos. The department inspects Maryland's public and private schools.

Asbestos is regulated by states and by the federal government. The State of Maryland regulates how persons work with asbestos and also regulates those who train persons to work with asbestos. The EPA regulations cover four basic asbestos activities:
1) Removal, repair, or encapsulation of asbestos containing materials;
2) Approval of asbestos training;
3) Regulation of persons accredited to perform asbestos related activities;
4) Asbestos in schools.

The medical malpractice system exists so that patients injured by the negligence of medical personnel can sue for their injuries. To date, it is the only opportunity for victims of medical malpractice to address their injuries in a legal and meaningful matter.

Medical malpractice lawsuits do not drive up healthcare costs. In fact, the present system saves thousands of additional patients from avoidable deaths and it provides fair compensation to those affected.

About 44,000 to 98,000 people die as a result of medical malpractice each year, according to the Institute of Medicine. These deaths can be avoided. Medical errors by health care personnel need to be prevented in order to lower this alarming number of deaths.

Tort reform may actually harm patients by focusing on costs over patient safety. In addition, the award caps that want to be implemented can also put a maximum price on a person's potential for injury compensation. This would pull some attorneys toward certain cases with higher damage caps and away from other malpractice lawsuits with less monetary value, ultimately harming many of those who truly need legal representation and financial help with continuing medical costs. This in turn does not provide a solution to the health care crisis in the United States. These limits to medical malpractice litigation instead, try to curb legal rights and costly verdicts, but do not address the prevention of medical errors.

Patients have a duty to keep better track of their own medical histories and review their medical records. Doctors also need to be questioned about anything unfamiliar or that seems unnecessary.

Victims of medical negligence deserve their day in court. They need financial compensation for their injuries and future healthcare costs and needs. If you or someone you know has been a victim of medical negligence, contact a medical malpractice attorney to discuss your legal rights and options.

On May 17, 2010, the Supreme Court ruled that teenagers may not be locked up for life without the possibility of parole if they have not killed anyone. This decision was made by a 5-4 vote. It was decided that the Constitution requires that juveniles serving life sentences must at least be considered for release. The Court must give the opportunity to obtain release based on demonstrated maturity and rehabilitation.

In the state of Maryland over 2,300 inmates are serving life sentences, that is almost 10 percent of the prison population. Nationwide, however, one of every 11 prisoners is serving a life sentence that is about the same rate as in Maryland. In 2005, 132,000 people were serving life sentences and in 2009 this number jumped to 140,610. This jump is believed to be due to tougher policies on crime.

77 percent of inmates in prison for life sentences in Maryland are African American, making it the state with the largest share of Black prisoners serving life sentences Nationwide. Of the 269 people that are serving life sentences in Maryland for crimes committed when they were juveniles, 226 are black.

In the state of Virginia, about 2,100 inmates are serving life sentences, nearly 6 percent of the prison population. About 62 percent of the 2,100 inmates are black. Of the 107 people that are serving life sentences in Virginia for crimes committed when they were juveniles, 87 were black.

Federal Prisons in D.C. have about 5,400 out of 200,000 inmates serving life sentences.

Nationwide, 48 percent of criminals serving life sentences are black, 14 percent are Hispanic and 33 percent are white.

The increase in inmates service life sentences without the possibility of parole has increased much rapidly nationwide. In 1992, 12,400 were serving life sentences without the possibility of parole and now that number in 2009 has risen to 41,000.

All along the streets and highways of Maryland, Virginia and the District of Columbia, the use of cameras has become more and more visible. The two types of cameras used are red light cameras and speeding cameras. Some communities in these states and the district embrace the devices, while others believe them to be used solely to generate revenue during our economic downturn.

The Federal Highway Administration says "such technology can make highways safer." The National Safety Council also supports such enforcements solely for its safety benefits. Speeding is a factor in more than 31% of traffic fatalities, according to the National Highway Traffic Safety Administration. According to a study by the Insurance Institute for Highway Safety, 762 people were killed and about 137,000 injured in crashes that involved red light running in 2008.

In a federal study, it was found that red light cameras cause a 25% decrease in crashes. Red light cameras are used in 441 communities in 25 states and the District of Columbia and speed cameras in about 56 communities in 12 states and the District. The Fines for running a red light camera in MD is $100, in VA is $50 and in the District is $75, while Speeding Cameras in MD is $40 and $75 in the District.

You can not have cops everywhere at all times, so these cameras allow cities and communities in the states in which they are used to decrease the amount of accidents, fatalities and to make streets safer, while gaining much needed revenue in these states. In principle, photo enforcement is valid when implemented correctly.

The Maryland Motor Vehicle Administration (MVA), the Maryland State Highway Administration's Highway Safety Office, the Montgomery County Police Department and the Prince George's County Police Department are in the third year of their Buckle Up for a Buck Program.

Prince George's County leads the state in motor vehicle deaths, according to the Highway Safety Office, and therefore in the weeks prior to Memorial Day weekend police officers in both P.G. County and Montgomery County were handing out hundreds of dollars to motorists who had all occupants of their vehicles wearing seat belts.

This program is intended to draw attention to the value of seatbelts. Between 2004 and 2008 an estimated 620 people died in motor vehicle accidents in P.G. County. The state of Maryland has had a primary seat belt law in affect since October 1, 1997. The law requires the use of seat belt for the driver and front seat passenger, and any other passenger under the age of 16 must be secured by a seat belt or a child safety seat. The fine for an adult not using a seat belt is $25, the fine for a child under the age of 16 not being properly restrained is $48.