Washington DC Injury Attorney Blog

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.

The National Highway Traffic Safety Administration (NHTSA) reported that almost 3,500 people were killed in the U.S. as a result of heavy trucks collisions, in 2009. Truck accidents are cause by various factors, but for of the most common causes of truck accidents are:

Driver Fatigue
Commercial truck drivers have deadlines to keep, and so they tend to drive for long periods of time and travel further than is safe. When a driver travels for long periods of time it becomes harder to pay sufficient attention to driving conditions and to respond properly to changing circumstances.

The Federal Motor Carrier Safety Administration (FMCSA) came up with a set of regulations for commercial truck drivers to follow. The Hours-of Service (HOS) regulations states that after 10 consecutive hours off-duty, a truck driver may only drive a maximum of 11 hours, if carrying property. Also, the FMCSA limits the number of hours commercial truck drivers can drive in a seven or eight day period. New regulations, however, will be published by July 26, 2011, by the FMCSA.

Distractions
When drivers are distracted, the likelihood of an accident increases. Most drivers in the U.S. are not allowed to send text messages while driving, according to the Governor's Highway Safety Association (GHSA). More than half of the United States has laws established forbidding texting while driving. The FMCSA, however, prohibits all commercial truck drivers from texting while behind the wheel.

Poor Road Conditions and Maintenance
When road conditions are bad, most drivers try and spend less time on the road. Truck drivers, however, have strong incentives to drive through all kinds of weather in order to arrive by their scheduled deadline.

Truck maintenance is also important. Properly maintained vehicles are safer to drive then those that have defects.

Other Drivers on the Road
Truck accidents are not always the result of the truck drivers fault; sometimes other drivers on the road contribute to truck accidents. Some vehicles try and go around trucks, or miscalculate when driving near or around trucks. You must remember that trucks have bigger blind spots than regular vehicles and therefore a driver must keep a proper distance between themselves and the truck.

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.

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.

On Tuesday, October 5, 2010 an updated 5 Star Vehicle Safety Rating System was introduced. The new rating system has tighter standards which may make some previously 5 star rated vehicles less safe. The new system evaluates how vehicle perform in front, side and rear crashes. Another change that will take effect is that the crash tests dummies used will now also resemble women drivers. Safety measures will also allow and include for more crash avoidance and prevention. The upgraded system will also evaluate side pole crash testing and crash prevention technologies.

The National Highway Traffic Safety Administration (NHTSA) is recommending that all consumers purchase vehicles with crash avoidance technologies that meet the new 5 star rating system. The new technologies include forward collision warning, lane departure warning and electronic stability control.

The new rating system can be further reviewed at http://www.safecar.gov/.

The number of alcohol related deaths in Maryland has increased by 12%, even as the national count declined. Non-alcohol related deaths in Maryland in 2009, declined by 7%. That means that 44 fewer people died in automobile accidents in Maryland in 2009, than in 2008.

The decline in automobile deaths may be associated with fewer drivers on the road, due to the recession and unemployment. People may also be taking less road trips and therefore there is less congestion on the roads and less chance for multiple car crashes, according to the National Highway Transportation Safety Administration (NHTSA).

In 2009, 162 people died in alcohol related accidents in Maryland, while in 2008, only 145 died. Nationally, however, more than 30,000 lives are being lost a year on our highways, and a third of those involved drunk driving.

Spokesperson for Maryland Governor Martin O'Malley, Shaun Adamec said, "O'Malley would continue to seek stiff penalties for drunken drivers and repeat offenders, and would support the ignition interlock bill if it is reintroduced. The Governor is also committed to investments in the first responder network, including $50 million for new medevac helicopters."

Despite safer automobiles, safer highways, better trauma facilities and more seat belts being used in the United States, Marylanders still drink and drive. Police Officers arrest over 25,000 people a year for drunk driving, in Maryland. Of these, more than 300 are during Labor Day weekend.

Spokeswoman for AAA in Maryland, Christine Delise said, "the organization will continue to advocate for more use of ignition interlock devices for repeat DUI offenders, as well as first time offenders with excessive blood alcohol content."

Lets hope that all these changes and stricter law enforcement will lower the number of both automobile accident deaths and alcohol related accident deaths, not only in Maryland, but nationwide.

The Centers for Disease Control and Prevention (CDC) conducted a study that shows; that the costs associated with injuries from automobile crashes is more that $99 billion a year, nationwide. These costs include medical care costs and loss of productivity costs. Of this, $58 billion was due to fatalities, $28 billion for nonfatal injuries that required hospitalization, and $14 billion was for people treated as outpatients at hospitals. The study was released in August 2010. According to the National Highway Traffic Safety Administration (NHTSA), this number increases considerably when you factor in higher insurance premiums, taxes and delays in travel, to nearly $230.6 billion. Grant Baldwin, Director of the CDC's Division of Unintentional Injury Prevention said, "This study highlights the magnitude of the problem of crash-related injuries from a cost perspective."

Injuries to occupants of motor vehicles, is about $70 billion, motorcyclist $12 billion, pedestrians $10 billion and Cyclists $5 billion.

Injuries and deaths from traffic accidents, however, have been falling. The lowest level since 1961 occurred in 2008, but traffic accidents are still the 9th leading cause of deaths worldwide. It is expected that by the year 2030 deaths caused by traffic accidents will become the 5th, surpassing diabetes, HIV/AIDS and Heart Disease. In the United States, 15 to 16 fatalities as a result of traffic accidents occur per every 100,000 people.

Motor vehicle-related injuries and deaths are preventable in the United States, if more laws were implemented that require helmets for motorcyclists, stricter seat belt, drug, alcohol and texting laws, as well as increasing teen rules until the age of 18.

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.

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.