Washington DC Injury Attorney Blog

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.

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.

On October 27, 2011 almost 300,000 Harper Trucks, Inc. hand trucks were recalled after multiple injuries were reported due to exploding overinflated tires. The recall was made by the U.S. Consumer Product Safety Commission (CPSC) when 19 people reported injuries by overinflated tires that exploded. The exploding overinflated tires caused the victims broken bones, contusions, lacerations and one victim even lost his eye sight in one eye.

The tires not only explode, but due to the blast, the wheel hub breaks off and/or separates, causing pieces of it to fly about, which could potentially cause injury to bystanders, according to the CPSC.

The following Harper Trucks, Inc. models are affected by the recall:
Model K52K16, with a P Handle and 1-piece, composite wheel
Model JEDKT1935P, with a dual hand/platform truck (convertible) and a 3-piece, four bolt, metal/chorme plated wheel
Model 51K19 with dual handles and a 3-piece, four bolt, metal/chrome plated wheel
Model BKTAK19 with a P handle and a 3-piece, four bolt, metal/chrome plated wheel
Model PGCSK19BLK with a dual hand handle and a 3-piece, four bolt, metal/chrome plated wheel

The model numbers on the Harper Trucks can be found on an adhesive sticker on the trucks frame cross member. The trucks were sold at Home Depot from September 2008 thru March 2009 and at Sam's Club from January 1993 thru January 2002. The recalled trucks cost between $28 and $42.

Any consumers using the affected trucks are recommended, by the CPSC, to stop using them and contact Harper Trucks, Inc immediately at (800)835-4099 or www.harpertrucks.com. Harper Trucks will send you a repair kit at no cost.

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.

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.

Local health officials in Harford County, Maryland are investigating a possible contamination in the running/drinking water of residents in Fallston, Maryland. Residents in Fallston, Maryland may have been exposed to excessive levels of lead in their drinking/running water.

Health officials in Harford County, Maryland are warning residents in Grafton Ridge housing developments to boil their drinking water. The water in those developments had lead levels which exceed the limits set by the U.S. Environmental Protection Agency (EPA), and therefore, may be unsafe and cause health risks.

The source of the lead exposure and contamination has not yet been determined, but an investigation is underway. Health officials are not sure how long the lead levels have been over the EPA established limit and are therefore, conducting extensive testing of all area water.

Testing to date has determined that 14 out of 16 homes in the Grafton Ridge housing developments have had high levels of lead in their drinking water. Richmond American Homes, the builder of these homes in the Grafton Ridge Development, will be replacing the brass parts with stainless steel ones to see if that improved the water lead levels.

Residents in Saddle View, Watervale Farm, Deer Hollow and Martin Meadows should be careful as well, as they too are part of the Grafton Ridge communities.

The elevated lead levels could pose a risk of lead poisoning, which may result in nervous system injuries, brain damage, seizures, convulsions, growth or mental retardation, coma and even death in children. If you are a resident in the Grafton Ridge Developments and experience any health problems, please see your physician immediately. Go to your nearest emergency room and call the U.S. Center for Disease Control and Prevention (CDC).

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.

The summer heat is dangerous for children left in cars. The U.S. National Highway Traffic Safety Administration (NHTSA) reports that Hyperthermia, otherwise known as heat stroke, is the leading cause of deaths for children under the age of 14 in non accident vehicle deaths in the United States. An average of 27 deaths from children suffering from hyperthermia, are reported yearly.

Here are a few tips recommended by the NHTSA to keep children safe in cars during the hot summer months:
- Never leave a child in a vehicle alone
- Never let a child play unattended in a vehicle
- Never leave infants and children under the age of 14 in parked cars. Not even if you leave the windows slightly open, or if the car is on and with the air conditioning on.
- If you see that a child has been left alone in a hot vehicle, do not hesitate and call the police. Even if you see that the child's face is red, hot, moist, or even extremely dry, no sweating, nauseated or acting strangely. Remove the child from the vehicle and call the police or ambulance for assistance.

These deaths are 100% preventable, if the right steps are followed by parents, caregivers, and the community.

The Environmental Health Perspective published a study on the effects that many plastic additives have on the human body, the endocrine system and thyroid levels to be exact. Bisphenol- A (BPA) is an additive used in plastic products to harden and make them shatterproof, that has been shown to lower thyroid levels in human beings and has been linked to cancer, heart disease, diabetes and obesity. BPA and other types of plasticizer are most commonly used in food processing and packaging, as well as bottles, cups, can liners, baby products and various other types of food containers. It is the chemical in BPA and other phthalates that can affect the human endocrine system and cause developmental problems.

1,700 adults and teenagers were studied and it was determined that the higher the rate of Food and Drug Administration (FDA) has recommended that parents reduce the amount of exposure to BPA and other Phthalates to their children. The FDA is currently investigating and re-evaluating the previously established safety regulations of BPA. The re-evaluation began in June of 2009 and is still currently underway. Until the re-evaluation is completed, parents and all adults are recommended to reduce their exposure to BPA and other Phthalates in order to reduce health problems to their endocrine system.

When consumers make purchases they expect them to function properly and safely. It is when the purchased defective item causes injuries and illnesses that there are basis for product liability lawsuits. Some of these items are: automobiles, prescription drugs, beauty products, frozen foods, automobile parts and tires, etc.

When Manufactures realize that a product is defective they issue out a recall of that item to consumers. However, recalls do not always keep the consumer safe.

Product liability claims are based on the theory of negligence. The manufacturer has a duty to exercise a reasonable standard of care for developing a particular product, and has failed to do so; thus resulting in harm to the consumer. When making a negligence claim, the injured consumer must prove that the defective product was the actual and proximate cause of the injury. One must show that had it not been for the defective product, the injury would not have occurred. The manufacturer should have foreseen the danger and risk when it sold the product.

Design defect, failure to warn/improper labeling and manufacturing defects are the most common scenarios that form the basis for a product liability claim.

Product liability claims can also be based on the following legal theories:
- Breach of Warranty - failure to fulfill terms of a promise or claim made regarding the quality and safety of a product. A manufacturer must guarantee certain warranties on products sold and needs to be held accountable when they are breached;

- Strict Liability - responsibility of the manufacturer to all consumers who might be injured by a product and does not require the injured consumer to prove negligence. The consumer only needs to prove that the product was defective and therefore cause the injury, therefore; making the product unreasonable defective and dangerous. The designer, manufacturer, distributor and seller of the defective product can and should be held liable for the injury and illnesses cause to the consumer.

- Misrepresentation - when a manufacturer gives the consumer false or misleading information on the safety and reliance of a product. When the consumer relies on this information and is harmed, they can recover money damages.

A consumer can also contact the Consumer Product Safety Commission for further details and advice.

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.