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.

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.

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.

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

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.

A report published in February 2010 shows, that in the last five years, fatal crashes at intersections with traffic lights have declined in Maryland and the District of Columbia, but have risen in Virginia. Experts have made the assumption that the drop in fatal crashes in MD and DC are due to the use of red-light cameras.

In Northern Virginia, only Arlington County and Falls Church, currently use red-light cameras. Between 2005 and 2009, fatal crashes in Virginia have increased. In 2005 only 39 fatal crashes occurred, but in 2009, there were 51 fatal crashes. Therefore, other counties in Virginia are seeking state approval to install more red-light cameras.

According to the Insurance Institute for Highway Safety (IIHS), between 2004 and 2008, 159 lives were saved in 14 cities nationwide by the use of red-light cameras. When red-light cameras are used for safety reasons and not just to generate revenue they have shown to save lives. People have a better understanding now of how important it is to not run a red light. The use of red-light cameras makes people drive safer and avoid running red-lights, and therefore, save lives. It is the heavy use of these cameras in Maryland and the District of Columbia that have caused the decline in fatal crashes. It is imperative that other cities and counties in Virginia do the same.

On February 23, 2011, the U.S. Supreme Court ruled that plaintiffs can pursue product liability lawsuits against automakers that used lap-only seatbelts, even though federal regulations deemed them to meet the minimum standards of safety.

The new ruling will allow for wrongful death lawsuits to be brought against all car manufactures. The ruling also opens the doors to discussions over other products that only meet the minimum federal safety standards in the United States.

The new ruling will also push the automobile industry away from meeting the minimum of safety standards and move them more towards using the best available safety technology.

The U.S. Supreme Court decision was unanimous and was written by Justice Stephen Breyer.

On February 17, 2011, the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) released a survey that showed that 710,000 Teens between the age of 12 to 14 drank alcohol per month. The survey was conducted from 2006 to 2009, and over 44,000 teens were surveyed.

The research showed that of those teens who drank, 93.4% obtained their alcohol for free from underage persons, 19.6% from parents and/or guardians, 15.7% from home, 15.2% from adult relatives, 13.9% from unrelated adults, 13.5% from someone's home, and 6.8% from other resources. Of the ones surveyed, 6.6% bought the alcohol at bars and liquor stores.

According to Pamela S. Hyde, J.D. , SAMHSA Administrator, "People who begin drinking alcohol before the age of 15 are six times more likely than those who start at age 21 and older to develop alcohol problems. Parents and other adults need to be aware that providing alcohol to children can expose them to an increased risk for alcohol abuse and set them on a path with increased potential for addiction."

Underage drinking can lead to alcohol dependence and abuse and to serious heath problems. Alcohol not only affects the liver and pancreas, but it can also cause other chemical problems. It can lead to water loss, electrolyte depletion, deficiency of thiamine, etc.

About 5,000 people under the age of 21 die each year, as a result of alcohol use. 1,900 from motor vehicle crashes, 1,600 from homicides, 300 from suicide and hundreds more from various other injuries. Therefore, parents need to be more careful and aware of the alcohol intake of their children and teens.

Google has developed a new car called the "Google Car". It is a Toyota Prius that is equipped with software that allows it to drive itself. The Google cars use video cameras, installed on the roof, radar sensors and laser range finders to travel through traffic on its own. These cars also navigate the road by using detailed maps. According to Sebastian Thrun, a Google software engineer, "Our automated cars use... Google's data centers, which can process the enormous amounts of information gathered by our cars when mapping their terrain."

The Google car was made with the intention to help prevent traffic accidents, free people's time, reduce distracted driving and drunk driving, and reduce carbon emissions. So far, the Google Car, has traveled about 140,000 miles and has only been involved in one traffic accident, a rear-end.

Google has yet to determine when these Google Cars will be available to the general public, but when they are, a question arises, if there is an accident, who would you sue?. The current statutes and case law in the United States were written for cars with human drivers, in order to determine the liability in an automobile accident. Therefore; once these Google Cars are put out on the market, laws would need to change.

There are three factors that could determine liability in case of an automobile accident:

1) Google - the author of the software used by the Google Car;
2) Toyota - the current and only car Manufacturer of the Google Car; and
3) The Owner of the vehicle.

Liability would be determined on the type of accident and could have one or more of these parties at fault. The legal process would examine who is at fault. For example, was it a software issue or a mechanical failure? A software issue would be if the program made the wrong decision and caused a crash, and a mechanical failure would be if a part used to build the Google car was defective or malfunctioned.

All in all, the Goggle Car was created to make driving and roadways safer. In 2008, the NHTSA reported that there were 37,261 automobile fatalities. Lets hope that if and when the Google Car is put on the market it will lower the yearly number of deaths in the United States.

The Department of Transportation (DOT) in Washington, D.C. announced a new proposal in early December that would put a rule into effect that would require all new cars and light trucks to have back up camera systems by the year 2014. The camera systems would require a rear video camera and interior display to be installed in all new cars and light trucks. The camera systems would add about $200 to the total cost of a new vehicle. The new rule would require the camera systems to have a driver visual area of 20 feet to the rear and 20 feet wide.

The National Highway Traffic Safety Administration (NHTSA) estimates that about 300 people are killed and another 18,000 injured a year due to back up accidents. If this new rule is implemented it would save anywhere between 95 to 112 deaths and nearly 7,000 injuries a year.

According to Ray LaHood, Secretary of the DOT, the changes would "help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up."

Currently, about 20 percent of new vehicles come with an optional back up camera system. If the new rule is put into effect, the rule would have to be met by 10 percent of 2012 new vehicles and 40 percent of 2013s and all 2014s vehicles. The camera systems would be required in all new vehicles with a gross weight of 10,000 pounds.

The proposed camera system rule would become final after a 60 day public comment period.

Out of the 21,798 drivers who were killed in motor vehicle accidents in the United States in 2009, 63 percent of them were tested positive for drugs, and according to a National Highway Transportation Safety Administration (NHTSA) report, 18 percent of them tested positive for drugs.

Drug data was collected Nationwide and analyzed by the NHTSA as part of a Fatality Analysis Reporting System (FARS). The types of drugs reported were over-the-counter medicines, prescription drugs and illicit drugs as well.

Previous reports by the NHTSA have shown that alcohol and drowsiness are some of the leading causes of fatal traffic accidents, but this new report will begin to explore the role that legal and illegal drug use play in accidents. This report has shown that drug involvement in fatal motor vehicle accidents is indeed increasing nationwide. This report will pave the way for more research and could ultimately lead to the establishment of standardized testing methods that would look into drug involvement and fatal accidents.

The Insurance Institute for Highway Safety (IIHS) has also published various reports that offer a look at roadway risks and show ways that lives can be saved. One IIHS report estimates that 7,440 driver deaths could have been prevented had blood-alcohol content levels been below .08%. The report also states that ignition interlock systems are one way to fight the problem of blood alcohol.

The ultimate solution would be that if you are impaired, whether it be from drowsiness, lack of sleep, alcohol use or legal or illegal drugs, it is best to not get behind the wheel and let someone else drive. Do not put yourself or others at risk of an accident and/or an untimely death. Common sense and caution need to be put at the forefront of your decision making and you need to give your keys to someone else. If you are impaired, Do not drive!

The Emergency Nurses Association (ENA) released a report in early October 2010 that shows that the two safest roadways are in Washington and Oregon, according to their 2010 ENA National Scorecard of State Roadway Laws. The District of Columbia has a score of 12, Maryland a score of 11 and Virginia a score of 9.

The 2010 ENA National Scorecard ranks states based on 14 types of legislation that address such things as seat belt use, motorcycle helmet requirements, devices to prevent drunk driving and cell phone use laws. States receive one point for each type of legislation they currently have. Oregon and Washington both had a score of 14, making them the safest roadways to travel in the United States.

Date collected by the Centers for Disease Control and Prevention (CDC) show that someone dies in a car crash in the US every 12 minutes and someone is injured, taken to and treated in an emergency department for injuries as a result of an automobile accident every 10 seconds. These injuries and deaths are preventable through roadways laws and enforcement of these safety laws, it is the passing of these safety laws that save lives.

Twenty six states and the District of Columbia have passed or enacted laws that prevent the entering, sending, reading or otherwise retrieving data for all drivers using wireless communication devices (i.e.: cell phones). 5,474 people died in 2009 as a result of distraction-related automobile accidents, according to the National Highway Safety and Transportation Administration (NHSTA). This means that 18% of annual fatalities are a result of distracted drivers nationwide.

To view the full 2010 ENA National Scorecard and State Roadway Laws report please visit www.ena.org.

5 Tips to keeping teen drivers safe while driving:

1. Buckle up - make sure a seat belt is worn at all times when behind the wheel. The AAA-Mid Atlantic has done extensive research and has proven that when a lap and/or shoulder belt is used it reduces your risk of being involved in a fatal traffic accident by 45%.

2. Passenger Limit - the fewer passengers in a vehicle the more attentive the teen driver will be while driving. The fewer passengers in a vehicle the fewer distractions the teen driver has and the safer he/she will drive.

3. Maintain Speed Limit - speed limits are determined by road conditions and teen drivers must know to obey the posted speed limits, especially during inclement weather conditions.

4. Do not use cell phone while driving - In the state of Maryland, it is now illegal for anyone under the age of 18 with a provisional driver's license to talk on a cell phone while driving. MD, DC and VA also have strict laws on texting while driving. Therefore, it is best to just have the teen driver not use a cell phone for any purposes while driving; and

5. Do Not allow Driving at night - Studies by the AAA-Mid Atlantic and the National Highway Traffic Safety Administration (NHTSA) show that the most dangerous time for new drivers to be on the road is at night. Therefore do not allow your teen to drive at night unless its an emergency.

In 1959, the Insurance Institute for Highway Safety (IIHS) was founded with the sole purpose of researching date to find out causes and preventive methods for motor vehicle accidents. IIHS is funded by auto insurers to help them gauge risk using three common factors of operating an automobile. The three factors are: human influence, vehicle influence and environmental influence.

IIHS published gender reports in 2008 that found that more men die each year in automobile accidents than women. The report stated that men typically engage in much riskier driving practices than women. Some of these practices include:
- less seat belt usage
- driving under the influence of alcohol and/or drugs, controlled and prescription drugs were included
- driving at higher rates of speed and above the posted speed limits

Also, in the 2008 gender report, were statistics that showed that when male drivers are involved in car accidents, the results are more often death. The report showed the following statistics:
- 71 % of all motor vehicle deaths were males
- 70 % of pedestrian deaths were cause by male drivers
- 87% of bicyclist deaths involved men drivers and
- 91 % of motorcycle deaths were male drivers

Gender, cell phone use, and zip codes are some of the factors used to determine automobile insurance premiums. Automobile insurance companies are for-profit industries; this means that all automobile insurance companies are in business to make a profit. The formula for profit includes an analysis of risk management.

Insurance rates are also determined by your driving record, the type of vehicle involved, how the vehicle will be used and your credit score. Since women seem to have better driving records, drive smaller and non-racing vehicles, use vehicles for work more than for pleasure and have better credit scores, it seems that women get lower premium rates.