Washington DC Injury Attorney Blog

A rear-end collision is one of the most common types of traffic accidents. It occurs when one vehicle collides with the one in front of it, often as a result of the lead vehicle's sudden deceleration which does not permit the trailing vehicle sufficient time to stop.

Injuries sustained by passengers and drivers in either vehicle range from mild to severe although occupants in the lead vehicle typically suffer more serious injuries. The size of the vehicles and the speed upon impact also matters. The occupants of compact car struck by a speeding SUV will likely sustain much more serious injuries than if struck by a slow-moving car of relative size. To understand the impact of a rear-end collision, consider this example: Crashing into a parked vehicle of comparable size at 60 miles per hour is equivalent to crashing into a brick wall at 30 miles per hour.

Injuries

Although bumpers on automobiles are designed to cushion the impact of a vehicle collision, they are of course not full-proof. Even low-speed rear end collisions can cause serious injuries, particularly for the occupants in the lead vehicle, because of the unexpected and sudden nature of the impact. Examples of typical injuries include:

• Soft tissue injury of the cervical spine (i.e. whiplash)
• Soft tissue injury of the lumbar spine (lower back pain)
• Spinal cord injury
• Facial and head injury

Compensation

In virtually all rear-end collisions, the trailing car is at fault. Even if the lead car stops suddenly, the trailing car is considered liable because drivers are supposed to maintain a safe distance behind the cars in front of them. Occupants struck by another vehicle from behind deserved to be compensated for their injuries. Passengers in the trailing car that rear-ends the front car also deserve to be compensated.

Head on automobile collisions are often the most serious types of crashes. It occurs when the fronts of two vehicles collide into each other. Head on collisions typically occur at intersections and on highways. Head on crashes at intersections occur when one driver fails to obey a traffic light or other traffic signals, such as a stop sign or yield sign. Highway head on crashes can occur when one driver goes the wrong way on an exit ramp or when a driver crosses the center line or a median barrier separating vehicles traveling in opposite directions.

Factors that contribute to head on crashes include driver impairment, driver negligence, poor road design, or insufficient road signs. Most head on collisions are due to driver factors, such as driver behavior, visual acuity, reaction speed, distraction, fatigue, and unfamiliarity with the roadway where the collision occurred.

Any type of head on collision is exacerbated when one or both of the vehicles are traveling at high speeds. A high speed head on collision, whether it occurs on a highway, roadway, exit ramp, or intersection can result in serious injuries to the drivers and passengers. Head on collisions can even be fatal. Although head on collisions account for only 2 percent of all automobile crashes in the U.S., they account for 10 percent of fatal crashes. Injuries suffered from head on crashes can include the following:

• Brain Injury
• Head Injury
• Spinal Cord Injury, including Paralysis
• Broken Bones
• Whiplash
• Burns
• Lacerations

Some of these injuries can be permanent in nature and so an experienced attorney can make sure that you are properly compensated for your damages. Your health is the most important thing and you should reach maximum medical improvement before you settle any claim and accept any monetary value from any insurance company.

There are about 280,000 rollover accidents reported each year, which result in over 10,000 deaths annually, according to the National Highway Traffic Safety Administration (NHTSA). Sport utility vehicles (SUV's) are more likely to rollover when involved in an automobile crash because they carry heavier loads which make them top heavy and thus more likely to rollover.

Rollover accidents occur when a vehicle is unstable when making turns and traveling at high speeds. It has to do with the relationship between the center of gravity and the track width. When there is a lot of weight on the center of gravity it can cause the vehicle to rollover when making sharp turns or sharp changes in direction. Often, rollover accidents are a result of a flaw in the design of the vehicle and/or tires, or cause by the actions of another driver.

Most often rollover accidents occur when a driver loses control of a vehicle and it causes the vehicle to slide sideways and ultimately rollover. Sometimes the vehicle can hit a curb, guardrail, tree stump, or soft and/or uneven ground on the side of the road, causing the vehicle to rollover.

Rollover accidents are among the most serious and lethal of all motor vehicle accidents. These types of accidents come suddenly and without warning. Therefore; the NHTSA introduced a rollover rating system in 2001. The system reports rollover safety in a 5 star system. 5 stars equals a rollover risk of less than 10%, while one star indicates a 40% or greater rollover risk. Make sure and analyze the 5 star rollover rating system when purchasing your vehicle.

More than 300 people died nationally in 2010 in motor vehicle accidents in which a distracted driver was involved and about 416,000 people were injured, according to a government report published in July 2012.

Distracted drivers are people who are not paying attention to the road and are otherwise distracted from the important task of driving. These distractions can include talking with passengers, eating and/or drinking, using electronic devices, such as cell phones, and other technological devices, such as GPS systems and satellite radio systems.

Texting while driving is the most common, serious and deadliest distraction of them all, because the drivers mental, visual and physical attention is diverted from being able to drive safely. Texting and using other electronic devices causes up to 25% of all crashes, nationwide, according to a report published by the Governors Highway Safety Association.

Distracted drivers; mainly those who text while driving, are 23 times more likely to be involved in car crashes, according to the Virginia Tech Transportation Institute. That is why it is illegal to text while driving in 39 states, including Maryland and Virginia, as well as the District of Columbia.

If you are driving and witness the following behaviors it is important for you to take some steps to save yourself from harm.

If you see a driver:
- Going much faster than the posted speed limit, going much slower than the speed limit, changing lanes without signaling, weaving in and out of traffic, cannot maintain lane position and stops longer than needed at a traffic light or sign

You Must:
- Assume that the distracted driver doesn't see your vehicle
- Give your vehicle space from the distracted driver's vehicle
- Try to pull ahead or slow down from the distracted driver
- If you cannot slow down or pull ahead of the distracted driver, call 911

Frequency of Car Accidents is completely unrelated to the size of the city in which you live in. A recent report released by the automobile insurance Allstate, which was conducted in various major cities has come to show that the size of the city does not directly influence the likelihood of an automobile crash. The report is titled "Allstate America's Best Drivers Report". The report states that the District of Columbia and Baltimore, Maryland have the shortest time between accidents, while Sioux Falls, South Dakota, Boise, Idaho and Fort Collins, Colorado have the longest periods between accidents. Therefore; Allstate considers Sioux Falls drivers the "safest drivers" in the United States.

Living in a larger city does not necessarily mean you are at a higher risk of being involved in an automobile accident. Car accidents are a major health hazard, regardless of where you live, because they are the leading cause of death for persons between 5-24 years of age. In 2009, 2.3 million adult drivers and passengers ended up in emergency rooms as a result of automobile crashes, according to the Centers for Disease Control and Prevention (CDC). In 2011, the U.S. saw the fewest number of automobile fatalities since 1949, but that still meant that 32,000 people were killed.

Accidents can happen anywhere and at any time. It is up to the driver to stay alert, follow driving laws, not drink and drive, wear their safety belts and not text or talk on a handheld device while driving.

The University of Maryland Medical Center (UMMC) has published the following video regarding distracted driving and how it can and does cause a lot of automobile accidents. The Motor Vehicle Administration (MVA) also helped and participated in the making of this video. The video was created because 152,000 people were injured as a result of distracted driving between 2007 and 2011. Out of these 152,000 people injured, 1,100 of them were killed as a result.

In the first three months of 2012 traffic deaths in the state of Virginia have jumped by 13.5 percent, compared to last year, according to the National Highway Traffic Safety Administration (NHTSA). So far this year, there have been 403 reported automobile accident related fatalities. The reason for the higher number of deaths this year is because a lot of the automobile accidents involved multiple fatalities per accident.

The number of traffic deaths nationwide has also increased. According the to the NHTSA there have been an estimated 7,630 automobile related deaths in the first three months of 2012, making it the second largest year-to-year quarterly increase in fatalities since the NHTSA started recording traffic fatalities in the mid 1970's.

The fact that we had a mild winter also has something to do with the increase in motor vehicle accident fatalities. That is because the milder the weather the more people go outdoors and drive. Severe weather keeps people off the roads, but milder weather conditions make people want to travel more.

According to the Federal Highway Administration, vehicle miles traveled in January, February and March of 2012 increased by about 9.7 billion miles, 1.4 percent more than 2011. That means that the more miles traveled, the higher the risk of being involved in an automobile accident, therefore; drivers need to be more careful and practice safer driving, which include, but at not limited to, making sure one is buckled up, giving oneself plenty of time to get to your destination and never drive while impaired by alcohol, drugs and/or when tired.

In research obtained by scientists at the University of Michigan who analyzed 6.5 million automobile crashes between 1998 and 2007, it was determined that women are more likely to be involved in automobile accidents than men. In this study, it was found that women were involved in 68.1% of all crashes, even though men drive 60% of the time and women 40%.

The research also uncovered that women have a more difficult time at crossroads, T-junctions and slippery roads/surfaces. Women are most often involved in accidents were their vehicles are hit on the left-hand side while attempting right hand turns and vice-versa. Height difference between men and woman is also considered a factor. The peripheral vision while driving is different for women when compared to men, because of their height and in turn their sitting position in the driver seat of their vehicle.

According to Lead researcher at the University of Michigan, Dr. Michael Sivak, "There are three dominant driver-related factors, including the probability of being at the wrong place at the wrong time, one's own driving skills and the driving skills of the other driver involved."

Women are taking greater risks while driving now than they ever were. Women are now more distracted while driving, these distractions involve: drinking and driving, speeding, texting, etc. Therefore, the risk of being involved in a fatal automobile crash rises with the driver's blood alcohol levels. Women need to pay more attention when behind the wheel and realize that anything can happen, if one is not careful and attentive to ones surroundings. It is our own responsibility to stay as safe as possible and conduct ourselves in a safe manner when behind the wheel. One must remember that Driving is a Privilege and not a Right!

On February 16, 2012, the U.S. Department of Transportation proposed a new set of guidelines for distracted-driving, because in 2010, there were over 3,000 deaths as a result of distracted driving in the U.S..

According to the National Highway Traffic Safety Administration (NHTSA), the guidelines would "not allow manual text messaging, internet browsing, social media, navigation destination entries, 10 digit phone dialing or displaying more than 30 character of texts unrelated to the driving task while the vehicle is in motion." The proposed guidelines would recommend auto makers to disable in-vehicle electronic devices (which include texting and hands-free cellphone calling) that are currently available to drivers while the vehicle is in motion. The guidelines would affect General Motors On-Star, Chryslers UConnect, and Fords Sync Technology, mostly.

There will be hearings in Washington, D.C., Chicago and Los Angeles in the next 60 days, for the automobile industries and the public to comment on the proposal set out by the U.S. Department of Transportation. After the 60 days, the NHTSA will issue the final guidelines.

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.