The complete facts concerning why the June 22, 2009 D.C. Metro Red Line train wreck occurred will not likely be known for several months. What is now know, however, does not inspire confidence in those running Metro for nation’s capital.
For example, news reports indicate that in 2006, the National Transportation Safety Board (NTSB) advised the Washington Metropolitan Area Transit Authority (WMATA)—the authority that operates Metro—to replace the model of the train that caused this deadly train wreck. The reason for the recommendation: there was a concern that the train car would not be safe in a collision.
Then, there is the issue of routine maintenance that was not performed on the lead car of the striking train. News reports indicate that the lead train car was to have had new brakes and brake components installed approximately two months ago.
Metro has not commented on whether the non-replaced train cars, or the overdue maintenance, had any role to play in the tragedy. As to replacing the older train cars, with news trains, the Metro leadership decided not to make the changes because of cost and complexity.
This tragic accident that has resulted in at least nine deaths highlights what we have observed for years: corporations place profits over people. Metro could have done better for its riders, but it did not. Jeanice McMilian, David Wherley, Ann Wherley, Lvonda King, Dennis Hawkins, Marry Doolittle, and Anna Fernandez paid the ultimate price. We send our deepest sympathies to their families.
]]> The law firm of Lebowitz & Mzhen, LLC is admitted to both the Maryland and District of Columbia bars and has successfully handled cases against WMATA. If you or a loved one has experienced an injury as a result of metro negligence, contact our experienced attorneys for a free consultation]]>If Maryland were the location of the collision, the injuries would be worth less because of non-economic damages caps in place that artificially limit or cap the amount of money serious injuries are worth. However, in the District of Columbia, there are no caps that limit damages for the injuries themselves -- what some people call damages for pain and suffering.
The Metrorail train accident victims and their families will be going through enough difficult times ahead, but fortunately, because the train collision occurred in the District of Columbia -- between the Fort Totten and Takoma train stations, one thing they will not have to deal with are the damages caps. Again, there are no damages caps in D.C.
We have written about the damages caps before, and how we believe the caps unfairly harm the most injured victims of accidents. Here is an obvious example: Some train riders have died, some have suffered serious internal injuries, and some have serious orthopedic injuries including fractures, but if this incident had occurred a mile up the Red Line tracks in Montgomery County, the victims would not be able to receive full and fair compensation.
]]> If you or a loved one was injured in the D.C. Metrorail train collision, and would like to speak with one of our lawyers, we would be pleased to help. Please contact either Jack D. Lebowitz or Vadim A. Mzhen at 1-800-654-1949, or by email.1. Recruitment / Pre-Qualifying Interview
Many motor carriers actively seek out skilled professional drivers to help man its fleet of trucks. Good motor carriers hire retired truck drivers with good safety records to scout out potential commercial truck drivers. This method allows experienced professional drivers to initially review a potential driver’s knowledge of trucking operations and ability to safely operate a commercial vehicle. After the completion of the pre-qualifying interview, potential drivers are normally invited to begin an application process.
2. Application / Background Check
During the application process, the employer must procure and keep relevant information pertaining to the driver’s employment history and driving safety record. Federal law requires a motor carrier to gather the potential driver’s employment and driving history for the three years prior to the driver’s current employment. Specifically, the current employer must request the following information about their current employee:
i. General employment data about the driver;
ii. Information about the vehicle accidents in which the driver was involved; and
iii. Information concerning any alcohol or drug violations and/or rehabilitation.
3. Driver Orientation
After the application process the carrier must conduct a driver orientation in order to confirm the driver’s skill and inform the driver of his responsibilities. To comply with federal law, the motor carrier must conduct, and a driver must pass, a road test that demonstrates the driver’s skill in handling a commercial vehicle. During the remainder of the orientation process, a motor must also instruct the drivers on the company’s safety policies, record keeping policies, hours of service regulations, and safe driving techniques.
First, step back and think about why you buy automobile insurance coverage (in addition to being required at minimum coverage levels in Maryland, and Washington, D.C., and most other states). Your liability insurance coverage protects your assets which include your home, belongings and wages in the event that you cause an accident that injures someone else. If you buy $20,000.00 of automobile insurance liability coverage, but you have $35,000.00 in assets to protect, then you are exposing some of your assets in the event that a judgment is entered against you in an amount exceeding your $20,000.00 policy limit.
Another way you protect your assets is by purchasing adequate uninsured or underinsured motorists’ coverage (UM/UIM). If another driver strikes your vehicle and injures you, and if the other vehicle has no insurance, or not enough insurance, then you need to look back to your own automobile insurance policy coverage to protect you against losses. If you buy minimal UM/UIM coverage, then you place yourself at financial risk that you will be injured by a negligent driver who carries little or no automobile insurance.
In Maryland, another type of coverage, personal injury protection coverage (PIP), is available in amounts of $2,500.00, $5,000.00, $7,500.00 and $10,000.00. PIP coverage can also be waived. PIP coverage is used when you are in an automobile accident, even if the accident is your fault, to cover medical bills and 85% of your lost wages. Because lost wages and medical bills can be significant, this can be very helpful coverage to obtain, and typically the coverage is not that expensive.
The car accident injury attorneys at Lebowitz & Mzhen, LLC suggest that you shop around in an effort to save money on insurance coverage, as opposed to lower the level of protection you buy.
Maryland truck accident attorneys are happy to see Maryland update its driving test procedures and bring them more in line with other states that perform driving tests on open roads. The MVA and parents hope that the new testing procedures will reduce the number of Maryland teenagers involved in auto accidents. According to the Insurance Institute for Highway Safety, in 2005, car accidents caused one third of all deaths among 16-19 year olds. In 2007, nearly 5,000 teenagers died in car accidents in the United States and teens within the first months of receiving their license were at a higher risk of being injured in an auto accident.
MVA officials and many parents believe that the new test is a more effective way to test a potential driver’s ability. According to MVA officials, the old test placed too great an emphasis on skills like parallel parking, while the new road test will test a driver’s ability to handle more “real world” situations and will emphasize defensive driving techniques. The MVA expects that by this fall, Baltimore and Washington metro locations will begin implementing the new tests.
Earlier this week, a dump truck driving down a narrow two lane road that lacked a shoulder, overturned and landed on top of a Honda Civic. The driver of the Civic, Kara Walden Benton, was seriously injured and was flown from the scene to an area hospital. The passenger, Mrs. Benton’s husband, 26 year-old Chad Benton, was less seriously injured.
The driver of the dump truck told investigators that another driver forced the dump truck off the road and onto the grass. According the dump truck driver, his truck overturned when he attempted to get back onto the solid roadway. Other drivers and area residents believe that the lack of a shoulder on Davis Drive poses a safety concern and was the likely cause of this accident. The two lane road is lined by grassy ditches on both sides and if a vehicle’s wheel leaves the roadway, the driver may lose tire traction and be unable to control the automobile. According to residents in the area, this is not the first time the narrow nature of the road has caused accidents. Wake County officials, however, have no plans to widen the road to provide a better shoulder.
Maryland, particularly in rural areas, has a number of narrow roads similar to Davis Drive. Drivers, particularly those in large trucks, have little or no room for error while traveling on these narrow roads and could easily cause similar accidents. Maryland truck accident attorneys suggest that our readers pay close attention when driving near large vehicles on narrow roads particularly in poor weather conditions. A truck whose tire leaves a solid roadway and hit softer earth is susceptible to losing control, and due to its high center of gravity, may overturn, putting drivers near it at risk for serious injury.
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]]> If you or a loved one has been injured in a Maryland truck accident, contact our truck accident litigators for a free consultation. ]]>The House version of the bill prohibits sending text messages while a driver is in travel lanes, even if the driver’s care is stopped at a red light. The Senate version of the law prohibits both sending and reading text messages while on Maryland roads. Under both versions of the bill, texting while driving will be a misdemeanor violation and violators will be subject to a fine of up to $500. Additionally, lawmakers have made texting while driving a primary offense, which means that police officers may pull over a suspected texter even if there is no evidence of other violations.
Although the Maryland Highway Safety Administration has not kept statistics of accidents involving texting while driving, distracted driving has been a factor in a number of automobile accidents in the state. Maryland accident attorneys believe that the texting ban will reduce the ever increasing level of distraction faced by drivers in this state.
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]]>In Maryland, it is important to remember that owners of cars who are pedestrians when they are hit by a tractor-trailer, pick-up truck or car still receive the benefits of their automobile insurance coverage available as if they were struck while operating their motor vehicle. In short, a pedestrian does not need to be in his or her vehicle to utilize their own automobile insurance coverage when hit by another vehicle while walking.
The three types of automobile insurance coverage that are typically most useful to someone hit while a pedestrian, are:
1. personal injury protection – this insurance will cover medical bills and 85% of lost wages incurred due to the pedestrian incident, up to the coverage limit. PIP coverage in Maryland is usually purchased at limits of $2,500.00, $5,000.00, $7,500.00 or $10,000.00.
2. medical payment coverage – this insurance will cover medical bills caused by injuries sustained in the pedestrian accident, up to the coverage limit.
3. uninsured or underinsured motorists coverage – this insurance will step in to pay for injuries sustained in the pedestrian incident, such as for broken bones, head injury, muscle and ligament strains and tears, medical bills, and lost wages when the driver of the involved vehicle leaves the scene of the accident and cannot be found, when the other driver has no insurance or when the at fault driver does not have enough insurance to cover the injuries sustained in the collision.
Before a trucking company owner hires a potential driver, federal law requires the owner to conduct a background check of the future employee’s driving and criminal records. A person cannot legally drive an eighteen wheeler if he or she has a DUI or DWI conviction, has been found guilty of a felony, or if the driver has ever left the scene of an accident. Additionally, in some cases, the owner must conduct a road test to ensure that the applicant has the ability to safely operate an eighteen wheeler in traffic.
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]]>In response to the actions of the United States, Mexico announced plans to place heavy tariffs on imported U.S. goods. Mexico is the third largest export market for U.S. goods behind Canada and China, and is the second largest consumer of American agricultural products. In 2008, the U.S. exported $11 billion in food products to Mexico and $63 billion dollars of machinery, automobile and other transportation equipment. The Mexican tariff affects American fruits, vegetables, wine, juices, sunglasses, toothpaste and coffee and would subject some of these products to a 45 percent charge.
In an attempt to avoid a larger trade dispute, U.S. Transportation Secretary, Ray LaHood, may reverse the Teamsters’ victory. LaHood is currently working on plans that would revive the cross border trucking program in response to the Mexican tariff on American goods. LaHood is currently meeting with lawmakers in an attempt to restore the cross border trucking program in a manner that would address legislators’ concerns over safety.
Maryland accident attorneys at Lebowitz & Mzhen, LLC will continue to monitor this potential legislation.
]]>This individual went on to describe how the insurance company for the truck company had called her a week after the accident, one thing led to another, and she agreed to settle her case for an amount that she now realizes was far too law. She wanted to know if she had any legal rights to go back and undo her mistake. She does.
In Maryland, if a person settles her case within 30 days after a truck accident (evidenced by the signing of a legal release within 30 days of the incident), without being represented by a lawyer and without the advice of an attorney, the victim may void the release within 60 days after the date the release was signed. The voiding of the release must be done in writing, and it must be accompanied by the return of the money paid in settlement.
It should be noted that an insurance company may not obtain a settlement, or try to negotiate a settlement, within 15 days of an automobile or truck accident, if the person injured is confined to a hospital.
These protections for Maryland accident victims became law in 2007. The law reinforces my view that individuals need protection from insurance companies, and others, who aggressively pursue a quick settlement (and almost always a low settlement) before the victim knows what hit them.
Currently, the regulations allow a trucker to drive 11 hours a day with 8 consecutive hours of rest every 24 hours. Additionally, the regulations require a driver to remain out of service for a consecutive 34 hours once they have driven 60 hours in a single week.
In Washington D.C., trucking companies and the Teamsters Union, are attempting to overthrow the current federal HOS regulations. The goal is to decrease the number of daily hours that truckers may drive. However, the Federal Motor Carrier Safety Administration (“FMSCA”) is resisting challenge to the existing law. The FMSCA cites expert studies that suggest that the current HOS are more in sync with a trucker’s circadian sleep rhythms and makes driving safer.
The FMSCA’s contention seems to be supported by recent trends in Maryland truck accident statistics. According to the FMSCA, the number of fatal accidents involving large trucks has fallen since 2004, and the number of non fatal large truck accidents has declined since 2005.
The attorneys at Lebowitz & Mzhen, LLC will continue to follow this story and report any changes in the federal HOS regulations and their potential impact on driver safety in Maryland.
A passerby on his way to work, Coast Guard Petty Officer First Class, Lavelas Luckey, spotted the smoking Maxima and quickly rescued the child from the car. The child was transported to Johns Hopkins Hospital where she is being treated for life threatening injuries.
Although the police are still investigating the circumstances surrounding the accident, this story reminds of something that I was taught in my driver’s education course. The instructors taught us that when stopped waiting to make a turn off of a roadway, a driver should keep a vehicle’s wheels pointed forward until they begin to make the turn. If a car has its wheels turned in one direction or another and is struck from behind, the impact will force the car in the direction the front wheels are pointed.
]]> If you or a loved one have been in a Maryland truck accident, contact our attorneys for a free consultation. ]]>American truckers and their lobbyists unsuccessfully pressured the Bush administration to reduce the breadth of foreign trucker’s use of this country’s highways, claiming that the presence of foreign drivers on interior roadways put Americans at an increased risk of injuries from truck accidents. Now, American truckers could get their wish.
On Tuesday, the Senate passed a $410 billion dollar budget bill that included a provision that would end cross border trucking. The passage of this legislation may have addressed the concerns of American truckers, but the move has angered other NAFTA signatories who claim that this bill violates America’s treaty obligations and sends a dangerous economic signal.
Our attorneys will continue to track this story as it develops and as the bill heads to the White House for signature.
In Maryland, a driver of a motor vehicle must control his or her vehicle in all weather conditions. The Maryland Transportation Article, Section 21-801 states that:
“At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance.”
In short, the failure to control a vehicle due to snow or ice does not excuse the act of losing control of a tractor trailer, an SUV, or an automobile. A driver is responsible for injuries or damages caused when his or her motor vehicle goes out of control and strikes another driver, even if the accident was caused by ice or snow on the roadway.