Washington DC Injury Attorney Blog

There were 11 pedestrian deaths in Montgomery County, Maryland in 2011 and five of them victims were Hispanic. Hispanics only make up about 17 percent of the county's population, therefore; this rate is alarming. According to the AAA Midatlantic and the Latino Advocacy group Casa de Maryland, the number of Hispanics that died as a result of pedestrian accidents is disproportionate when considering that Hispanics only make up a small percent of the County's population.

According to the AAA, Viers Mill Road is one of the deadliest and most dangerous streets for pedestrians. Out of the five victims in 2011, four of them were killed on Viers Mill Road.

Phil Andres, a Montgomery County Council member says that the county will continue its efforts to reach and educate Hispanics on traffic safety, but that it is also up to the pedestrian and drivers in Maryland to be more careful and follow traffic and safety rules more carefully.

Cell Phone use should be a minimum and texting while driving is now illegal in Maryland, therefore, one should not send, receive or view text messages while behind the wheel. Also, cell phone use is only allowed when using an ear piece/bluetooth or if your vehicle comes equipt with hands-free talking. If all drivers follow these rules and more pedestrians make sure and cross at intersections and crosswalks hopefully the number of pedestrian accidents and deaths will lower for all Montgomery County Residents.

The number of automobile accident related fatalities decreased by about 10 percent, according to the National Highway Traffic Safety Administration, from 2009 to 2010. In 2009, there were 549 automobile accident related fatalities and in 2010 there were only 493. The reason there was a decrease is because there are better air bags and anti-rollover technology in newer vehicles, drivers are using their seatbelts properly and more often and there has been an improvement in safe-driving campaigns in the state of Maryland, according to the AAA Mid-Atlantic.

Another factor for the decrease is that Maryland police officers and other law enforcement officers have been cracking down more on drunk drivers. Repeat offenders have had to install start up kits/breathalyzer machines in their vehicles that do not allow the vehicle to start/turn on if there is alcohol in their system.

Also, speed limits are followed more by drivers because of red light and speed cameras all over the state of Maryland. Therefore, drivers are respecting the speed limit in certain areas more. Another factor is that in the state of Maryland it is prohibited to use a handheld device while driving. Be it for talking on the phone, texting, viewing messages or communicating through media outlets while driving.

When you consider all these factors, one can better understand how there has been a 10 percent decrease in automobile accident related fatalities in Maryland. One can only hope that there has been a bigger decrease in 2011.

After crash tests results show that batteries are catching fire on the Chevrolet Volts, the NHTSA will get involved and further investigate this safety problem. The fire risk of the Chevrolet Volts will be investigated by the NHTSA in the coming weeks. In the meantime, General Motors Company, has offered all Chevrolet Volt owners rental vehicles until the NHTSA's investigation is complete. If you own a Chevrolet Volt, you should contact your dealer immediately.

The investigation needs to determine whether the lithium-ion batteries have a higher risk of catching fire in certain types of automobile crashes. A recall could be issued if it is determined that this is so.

So far crash test results show that when the Volts have a side impact, that causes damage to the battery compartment and coolant line, can lead to a fire. The problem is that in some of the cases in the tests conducted showed that the fire might not ignite right away and could take a few days before actually catching on fire.

The crash test in questions was conducted by the New Car Assessment Program (NCAP). Three separate tests caused the batteries to either heat up or burst into flames. The first test was done in May and it was a side impact test to show how well the vehicle protects passengers. Three weeks after the test was conducted the vehicle's battery caught fire.

In November three more tests were done. One resulted in no fire or increase in battery temperature, but the other two tests resulted in batteries smoking, sparking and catching fire.

General Motors, the Department of Energy, the Department of Defense and the NHTSA are all working together to continue testing the Chevrolet Volt's lithium-ion batteries and to determine what is causing these batteries to ignite.

While these investigations are being conducted Chevrolet Volt owners should be cautious and if you feel unsafe, contact your dealership directly and request a rental vehicle. If you are involved in a collision and the battery catches on fire, make sure and exit the vehicle quickly and safely and make sure and advise the fire department or any rescue crew that responds to the collision about the battery issue and electrical issue of your vehicle, so they can better respond to the situation, if possible disconnect the battery.

The University of Virginia researchers used information gathered by the National Highway Safety Administration on over 45,000 crash victims in a ten year span, to show that women have a higher risk of injury during car crashes in the United States. Their study was published in late October of this year. The study showed that on average, women are up to 5 and a half inches shorter then men, weight about 35 pounds less then men and drive sedans (more then SUV's). With these factors in mind it was determined that 47% of the over 45,000 crash victims were women who suffered severe injuries.

The researchers determined that men have more neck strength and are more muscular over all then women. Also, men sit differently in vehicles and therefore; their heads fit better against the head restraints in vehicle then women. Car safety devices, they determined, are designed largely for men, therefore women are at higher risk for injuries.

In the meantime, researchers at the University of Virginia are instructing women to continue to use seat belts properly and maintain proper seating posture.

In October 2011, the National Highway Traffic Safety Administration (NHTSA) published its 2012 Vehicle Crash Test List. The NHTSA will be crash-testing a total of 74 vehicles for safety ratings. The vehicles that will be tested include 42 passenger cars, 22 crossovers and SUVs, 2 minivans and 8 pick up trucks. The crash-testing of these 74 different makes and models will result in consumer safety data of about 81% of all 2012 passenger vehicles available in the United States.

Rollover testing will also be conducted. The results will yield a safety rating for about 92% of vehicles available in the United States in 2012.

Some of the vehicles that will be tested are:
2012 Chevy Silverado
2012 Ford F-150 Supercab
2012 Toyota Camry
2012 Ford Explorer

Hybrid and electric vehicles will also be tested. For example: the 2012 Toyota Prius, the 2012 Honda Civic Hybrid and the 2012 Honda CR-Z.

Anti-collision technology of the 2012 BMW 328i, the 2012 Volvo S60 and the 2012 Chevy Equinox will also be tested for safety, making it the first time the NHTSA will be evaluating this type of technology.

For a complete list of vehicles that will undergo crash-testing, please visit www.nhtsa.com

As of October 1, 2011 Maryland Police Officers are allowed to pull drivers over for text messaging. Sending, receiving and reading text messages while behind the wheel will now be considered a primary offense. Which means, that Police, can now pull over and ticket drivers who are caught sending, receiving or reading text messages without their needing to be any other offense committed. Emergency 911 text messaging is exempt from this new law.

Under the new text messaging law, violators, can be fined up to $70 and receive one point toward suspension of a driver's license. If, an automobile accident or pedestrian/automobile accident is resulted from text messaging the fine will increase to $110 and three points towards the suspension of a driver's license.

This same law is in effect in the District of Columbia, but it is still only a secondary offense in Virginia.

Another new Maryland traffic law going into effect as of October 1, 2011, is that criminal prosecution will be allowed of drivers who are considered negligent in pedestrian and bicyclists deaths. Under this new traffic law, it will be considered a misdemeanor for a person to cause the death of another as a result of the person's driving, operating or controlling a vehicle in a criminal negligent manner.

These two new Maryland traffic laws are being implemented because the National Highway Traffic Safety Administration (NHTSA) reported that 20 percent of crashes in 2009 were cause by distracted drivers, of which, 995 fatal crashes involved drivers distracted by cell phone use.

Anne Arundel County, Maryland has had eight pedestrians and one bicyclist killed by motor vehicles so far this year. A study conducted by the State Highway Administration between 2006 and 2010 reported that 9 pedestrians were killed in 2006, 13 in 2009 and 12 in 2010. None were killed in 2007 or 2008. The number of pedestrians injured between 2006 and 2010 was reported to be 197.

The Anne Arundel Police will therefore start to stop drivers and pedestrians who violate the rules of the road, which include; jaywalkers, hit and run drivers, drivers who ignore bicycle lanes and drivers who run red lights and stop signs. Justin Mulcahy, Anne Arundel Police spokesman, said, "The goal is education and enforcement." The most troubling of these situations are hit-and-run drivers, because the drivers who flee the scene after a pedestrian is hit may be able to aid the pedestrian and keep the person from dying.

The roads where vehicle have struck pedestrians and bicyclists will be targeted, mostly. These areas include Hospital Driver near Crain Highway in Glen Burnie, Maryland, Fort Smallwood Road in Pasadena, Maryland and Jumpers Hole Road and Ritchie Highway. Other areas will also be in routes of patrol, but these are the major areas were fatal accidents have occurred in Anne Arundel and Baltimore City, Maryland.

It was announced Friday, September 2, 2011 by Montgomery County, Maryland officials that there will be a zero-tolerance program to crack down on minor moving violations for drivers and for pedestrians. Such moving violations include: failing to yield the right of way to a pedestrian in a crosswalk and jaywalking.

Drivers who block pedestrian crosswalks, fail to yield to pedestrians, run red lights, do not use turn signals and fail to use their windshield wipers in the rain will be ticketed. Pedestrians, on the other hand will be ticketed if they jaywalk, which is failing to cross at marked crosswalks, fail to obey crosswalk signals and for walking diagonally across intersections.

Each violation will have a fine of $50. The citations/tickets will be issued in high traffic areas and high incident areas, were police officers are more likely to enforce the law. The high incident areas include Piney Branch Road, Wisconsin Avenue, Georgia Avenue, Rockville Pike, Four Corners, Reedie Drive, Randolph Road and Connecticut Avenue.

This crack-down comes due to the fact that between January and June of this year, four pedestrians were killed and 174 collisions involved pedestrians in Montgomery County. In 2010, CountyStat (an oversight department for the county government) reported that there were 436 vehicle collisions with pedestrians and 13 pedestrians were killed. Montgomery County officials also distributed brochures and warned pedestrians of jaywalking in order to improve pedestrian safety. In 2010 alone, Montgomery County spent $8.5 million on pedestrian safety. Therefore, follow the law and remember that your safety on the road, be it as a driver or pedestrian, is your responsibility.

Drivers in the state of Maryland can now electronically store emergency contact information onto their driving records at the Maryland Motor Vehicle Administration. This information will help police officers and other law enforcement officials contact family members of people involved in serious and fatal automobile accidents quicker.

Contact information can be uploaded by visiting the MVA website at www.mva.maryland.gov/emvastore/ or by visiting any MVA kiosks located at both full and express MVA locations. Any Maryland driver with a valid Maryland driver's license or state issued identification card can add up to three emergency contacts. The contact information is safely stored and is only accessible to law enforcement officials.

In order to upload your contact information online; you will need the following:
- an email address or phone number
- driver's license number
- date of birth
- last 4 digits of your Social Security number

Eight other states have the same type of emergency contact program to date. Some of the states that do not do offer a downloadable emergency contact card that people can carry with them at all times.

Ray LaHood, U.S. Transportation Secretary, stated that drivers are distracted by vehicle information and entertainment systems such as Ford's Sync and General Motors OnStar. LaHood runs the department that oversees the National Highway Traffic Safety Administration (NHTSA), who has been developing guidelines, which will be published at the end of the year, for these in-vehicle systems.

These information and entertainment systems connect drivers to their mobile devices and the internet while driving. It also allows for audible GPS Navigation, Music (IPOD, CD and MP3) control and various other technological devices.

GPS systems are suppose to communicate directions to the driver and help the driver maintain their eyes on the road, instead of having the driver struggle to read from an open map. Even, if a driver misses a turn or changes course, the GPS systems immediately re-navigates and re-routes them. Therefore, there is no need to flip through a map while driving.

Automatic Crash Notification (ACN) is offered through OnStar and this device sends a signal to emergency departments when a driver is involved in an automobile accident. It allows the driver to make the call themselves and it also sends a signal when the driver is unable to make a call after an accident to contact an emergency department. ACN reduces the time it takes for the first responders to become aware of a crash, and this is critical to saving lives.

Other controls drivers have with Ford's Sync and GM's OnStar are automatic windshield wipers and headlights, Road Hazard notifications and being able to make and receive telephone calls while driving. This is called hands-free technology. It allows drivers to make and receive calls through the automobile's radio/speaker system and therefore keeps your eyes and hands on the road and steering wheel.

In order to make the roads safer, hand-held devices and/or texting have been banned from 33 states on the District of Columbia. Each of these states and the district have specific laws, and they are listed below. Some are primary law and some are secondary laws. A Primary law means that a police officer can ticket the driver for the offense without any other traffic offense taking place. A Secondary law means that a police officer can only give you a ticket if you have been pulled over for another driving violation. Novice drivers are those individuals under the age of 18 with learner's permits and/or individuals with provisional licenses.

In the District of Columbia:
Primary Law:
- Handheld ban for all drivers;
- Ban on all cell phone use (handheld and hands-free) for bus drivers;
- Ban on all cell phone use (handheld and hands-free) for novice drivers;
- Ban on texting for all drivers.

In Maryland:
Primary Law:
- Ban on texting for all drivers;
Secondary Law:
- Handheld ban for all drivers effective October 1, 2010;
- Ban on all cell phone use (handheld and hands-free) for novice drivers.

In Virginia:
Primary Law:
- Ban on all cell phone use (handheld and hands-free) for bus drivers;
- Ban on all cell phone use (handheld and hands-free) for novice drivers;
- Ban on texting for all bus drivers;
Secondary Law:
- Ban on texting for all drivers

In a study conducted by the Maryland State Department of Education, in February 2011, there were 7,028 violations recorded during one single day, for drivers who illegally passed stopped school buses with flashing lights. The study was conducted on 65% of Maryland's bus drivers. 4,000 of these violators were oncoming drivers, who failed to stop. 2,665 drivers passed the buses from behind on the driver's side and 366 drivers passed the buses on the passenger side.

Violating the law in Maryland, currently has a fine of up to $1,000 and three points on your driving record, if a police officer stops you, after failing to stop at least 20 feet from the school bus that has the flashing red lights operating.

Therefore, a new legislation is being passed in Maryland, where cameras would be placed on the buses by county police and the department of education to catch these violators. The violators would be fined $250. No points would be added to ones driving record and it would not be considered a moving violation, but the Motor Vehicle Administration (MVA) could refuse to register or suspend the registration of vehicles in cases where the fines we unpaid.

A vehicles recall is in affect for Infiniti QX4 model vehicles manufactured between 1997 and 2003 and Nissan Pathfinders model vehicles manufactured between 1996 through 2004, sold in various states in the Northeast part of the United States, including the District of Columbia and Maryland. About 196,000 of these vehicles are being recalled due to potential steering problems as a result of corrosion from cold weather and the use of road salt to clear snow and ice from the roads. These are called "salt belt" states, which also include: Connecticut, Delaware, Iowa, Illinois, Indiana, Massachusetts, Maine, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin.

A mix of water, salt and snow collected in the upper strut housing of these vehicles is causing corrosion and the corrosion is causing the strut housing to crack and separate from the inner hood ledge assembly. This is causing difficult in steering and the steering column could ultimately break, causing an inability to steer or control your vehicle. The National Highway Transportation Safety Administration (NHTSA) has been investigating this problem since October of 2010 and has determined that 162,658 Nissan Pathfinders and 33,333 Infiniti QX4s are to be recalled.

Nissan Dealerships in the "salt belt" states will inspect and repair vehicles at no cost to the vehicle owner. Notifications will also be mailed to the owners no later than May 16, 2011. Nissan owners can call (800)647-7261 with any further questions or concerns.

47 percent of people killed in rollover accidents are ejected from their vehicles, according to a Reuters report. Ejections from rollover accidents account for most fatalities. Most ejections occur through the side windows of vehicles.

Rollover accidents account for one third of all crash fatalities. That is about 10,000 deaths per year over the past 10 years, making them the deadliest of all motor vehicle accidents. This is one of the most important reasons why the National Highway Traffic Safety Administration (NHTSA) has come up with new air bag requirements.

The NHTSA is requiring manufacturers to enlarge side curtain air bags, make them stay inflated longer and make them deploy in all types of serious accidents. These new requirements are designed to save lives, by creating another barrier to ejection from vehicles, even when windows are down or when drivers and passengers are not wearing their seat belts.

In 2013 the new air bags will begin to appear in vehicles and be in full implementation by 2017. The new air bag rules will apply to vehicles weighing 10,000 pounds or less. The implementation of these new air bags will cost the manufacturer an average of $31 per vehicle, but it is predicted that the new rule will save an average of 373 lives and 476 serious injuries per year.

Liability can sometimes be difficult to determine in automobile and truck accidents, when issues of fault are argued and when eyewitnesses are not reliable. That is why Event Data Recorders (EDRs, otherwise known as "black boxes") are important.

EDRs record data on a vehicle's speed, braking activity, engine RPM's, motorist's use of turn signal prior to accidents, and even seat belt use. A committee of the Institute of Electrical and Electronics Engineers (IEEE) created standards for EDRs. They recommend that manufactures be required to record 86 separate streams of data.

The information recorded can help investigators determine who was at fault for an accident, by determining if the driver was negligent, if there was an auto defect or if the accident occurred because of hazardous conditions. The Motor Vehicle Safety Act of 2010 would have made EDR technology mandatory in all vehicles sold in the U.S. by 2015, but it never was approved by the House of Representatives. EDRs are however available if an automobile company voluntarily decides to install one in its vehicles. EDRs are not yet mandatory but the NHTSA does have 15 data elements mandated for their use.

EDRs and their advanced technology can prove extremely useful in motor vehicle accident litigation, but they are not the only tool used to determine fault or the injuries suffered by people involved in accidents. An experienced personal injury lawyer must also know how to use all available resources to demonstrate the harm a client has suffered and be able to assess and determine the long term medical care needs of each client. Technology is only one piece of the puzzle, so be well informed and researched when choosing an attorney.