Washington DC Injury Attorney Blog

Commercial truck accidents are on the rise and there has been an increase in the number of people killed in motor vehicle accidents involving commercial trucks nationwide. In 2010, there was an increase in fatal commercial and large truck accidents. The increase was 8.7 percent when compared to 2009 statistics reported by the National Highway Traffic Safety Administration (NHTSA). This percentage means that in 2010, 3,675 motorists were killed as a result of accidents involving commercial trucks and buses.

This is an alarming rate when one considers that in 2010 motor vehicle fatalities decreased from previous years. The information provided by the NHTSA is causing safety groups and trucking industries to analyze and study ways to prevent future accidents from happening. These groups are urging the Senate to pass the Commercial Motor Vehicle Safety Enhancement Act of 2011. This new bill would add several new safety regulations for truck and bus operators. It would require commercial drivers to use electronic onboard recorders (EOBRs) in order to monitor their hours of service and reduce truck driver fatigue, it would increase the Federal Motor Carrier Safety Administration's (FMCSA) power to stop truck companies from re-opening once they have been closed down due to safety issues, and the new bill would also allow the alcohol and drug testing records of commercial operators to be disclosed to their employers. All the new regulations in the Commercial Motor Vehicle Safety Enhancement Act of 2011 would decrease the number of commercial truck and bus accidents.

If you are a loved one has been involved in an motor vehicle accident involving a truck, contact our office immediately so we can advise you of your options and help you obtain compensation for your injuries and other losses.

Between January 1, 2012 and January 24, 2012 there have been 11 teen automobile related fatalities in Virginia. At the same time period in 2011 there were only three. This is a huge increase that could be avoided if certain precautions were taken. The most common factors in the fatal automobile crashes are speed, distractions, alcohol, no use of seat belts and cell phone use.

Virginia safety organizations are urging teen drivers, as well as their parents, to take precautions to prevent further tragedies. Some of the precautions suggested are:
Teens:
- Obey posted speed limits;
- Do not Text, Talk or use handheld devices while driving;
- Do not drive distracted by changing radio stations, eating or by having too many passengers in the vehicle;
- Commit to driving safely;
- Always wear your seat belt.

Parents:
- Talk to your teen about the dangers of speeding and driving distracted;
- Set clear rules for driving and let them know that it is a privilege and not a right. They need to earn the privilege and that there are consequences to their actions;
- Set curfews, passenger limitations and make clear the punishment if these rules are broken.

Schools and Safety Organizations:
- Discuss the increase in teen fatalities, so that they are aware;
- Educate students on safe driving practices through interactive methods. Use visual displays, videos, guest speakers and programs;
- Post seat belt reminders and no cell phone use signs all over school property and all parking areas.

For more safety tips and information, visit the following websites: www.yovaso.net and www.blueridgecrashteams.org

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.

Tips to keep your children safe while Trick-or-Treating this Halloween:
• Children should always be accompanied by adults and older kids should travel in groups.
• All traffic laws should be followed. Whenever possible walk on sidewalks and make sure and cross at crosswalks and/or corners.
• Wait outside homes for treats. Never allow your child to enter someone's home or vehicle.
• Also Trick-or-Treat in your own neighborhood, as you are more familiar with the area and your neighbors.
• Make sure your children's costumes fit properly. Masks must have large holes for eyes. Children should carry flashlights so they do not fall or trip in the dark.

Tips for Drivers while Children Trick-or-Treat this Halloween:
• Maryland law requires all drivers to stop for pedestrians at marked crosswalks and intersections, so stop for pedestrians.
• Obey the speed limit.
• Be more cautious between 4pm and 9pm tonight, as that is the time most children are out on the streets trick-or-treating.
• Slowly enter and exit driveways and parking spots.

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.

Virginia drivers, under the age of 21, could have their license suspended for a year if they get behind the wheel after drinking alcoholic beverages. These underage drinkers and drivers will face stiffer penalties for driving with a blood alcohol concentration of .02% or more. Violators will have their license suspended for a year and will receive either a fine of up to $500 or 50 hours of community service.

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