Maryland Injury Attorney Blog

Memorial Day Weekend Driving in Maryland : Stay Sober, Avoid Alcohol Related Motor Vehicle Accidents

Tue, 21 May 2013 09:22:52 -0500

Long holiday weekends statistically rack up more fatal drunk driving crashes than normal weekends. According to national traffic accident data, Memorial Day Weekend is the deadliest of all holiday weekends on U.S. roads and highways. Statistics showing holiday weekend traffic crash fatalities in order of most people killed are as follows:

Memorial Day: 473 killed (42% alcohol impaired driving)
New Year's Day: 468 killed (40% alcohol impaired driving)
Thanksgiving: 411 killed (34% alcohol impaired driving)
Fourth of July: 410 killed (40% alcohol impaired driving)
Labor Day: 360 killed (38% alcohol impaired driving)
Christmas: 262 killed (37% alcohol impaired driving)

(Source: U.S. Dept. of Transportation, National Highway Traffic Safety Administration, FARS/GES 2009 Data Summary)

Memorial Day, historically, has been a day to remember those who've given their lives in the Armed Services as well as other loved ones who have passed away. It also signals the beginning of summer, and many Maryland workers get that Monday off.

Baltimore County car accident injury lawyers like us know that a long holiday weekend filled with summer kickoff cookouts and other get-togethers -- and lots of beer, wine, and cocktails flowing -- can turn disastrous in a heartbeat. The increased traffic volume on Memorial Day weekend makes driving in Maryland that much more challenging.

AAA Mid-Atlantic told The Baltimore Sun that we may see a slight decrease in Memorial Day 2013 traffic in Maryland. This may be due to steep gas prices. Still, heavy traffic is expected. The Sun reports:

The Maryland Transportation Authority anticipates 1.8 million motorists will use the state's toll roads, bridges and tunnels between Friday and Monday. The Fort McHenry Tunnel, Interstate 95 north of Baltimore and the twin spans of the Bay Bridge will bear the brunt of the traffic.

So please, give yourself plenty of time to travel this weekend, and whatever you do: Drive sober. Drive defensively. Be on the lookout for other Maryland drivers who may be speeding, weaving, tailgating, driving intoxicated, texting or using cell phones while driving -- or all of the above.

The Maryland Motor Vehicle Administration reports that traffic accidents are the number-one killer of kids and young adults ages 4 to 34 in Md. -- more than homicides. A five-year average estimates 580 fatal crashes and more than 36,000 crashes with injuries on Maryland roadways every year. NHTSA reports that 162 people were killed in alcohol-related motor vehicle accidents in Maryland in 2009. Memorial Day Weekend is statistically the riskiest holiday weekend to be on the road all year. Drive like your life -- and someone else's -- depends on it.

Related Baltimore Accident Injury Attorney Articles:

Maryland Bill Targets Drunk Drivers Who Transport Minors, Proposes Ignition Locks (Dec. 2012)

When Police Officers Deliver Tragic News : Someone Has Been Killed in a Maryland Drunk Driving Accident (Oct. 2011)

Sources:

State workers ready to untangle Memorial Day traffic snarls
The Baltimore Sun May 21, 2013

Maryland Crash Statistics
Maryland Dept. of Transportation, Motor Vehicle Administration

Fatality Analysis Reporting System : General Estimates System : 2009 DATA SUMMARY (PDF)
NHTSA.gov 2009

Maryland Observes Work Zone Safety Month, as Road Construction Swings into Gear

Tue, 16 Apr 2013 14:53:59 -0500

The sight of orange cones and barrels marking work zones on Maryland highways is so common, drivers don't think too much about them. That's part of the problem. The Maryland Department of Transportation estimates that an average 2,237 traffic accidents occur in or around Maryland work zones every year, resulting in 1,250 people injured and 11 people killed.

Nationally, some 700 people die each year in motor vehicle crashes occurring in road work zones. The road construction workers are themselves at risk, often operating machinery just a few feet from speeding traffic. (Sad case in point: Two Pessoa Construction Company workers were killed in a work zone crash in Cecil County, Maryland earlier this year.) Police on detail are also at risk of being struck by passing vehicles.

But the national figure of 700 people killed in roadside work zone crashes are mostly drivers or passengers travelling in motor vehicles on roads and bridges under construction. An estimated four of five people killed in work zone accidents are motorists, not highway workers.

Maryland observes Work Zone Safety Awareness Month in April. As road construction season begins, the state DOT offers a few tips for drivers:

Seeing Orange. Cones and barrels are placed in the roadway for a reason--not as an obstacle course for Maryland's hurried drivers. When you encounter these in your travels, expect a work zone around the corner.

Slow Down. Stay Alert. Work zones often funnel traffic into a reduced number of lanes, requiring lane merges. Plan ahead so you're not jockeying with other motorists to merge into travel lanes that are rapidly narrowing. Drive defensively!

Minimize Distractions. Remember texting while driving and using handheld cell phones are both illegal in the State of Maryland!

Stay Informed. Plan Ahead. Dial 511 for the latest roadway closures and delays in Maryland, or visit the Maryland 511 website. Avoid a mad rush -- and a traffic accident -- by knowing when and where road construction is occurring and altering your travel route accordingly. Speed is a factor in motor vehicle accidents, and wherever you need to get to on time isn't worth risking life and limb.

Related Maryland Car Accident Attorney articles:

Maryland Car Accident Death Rates Down, But Many Traffic Safety Challenges Remain (Jan. 2012)

Baltimore Traffic Accident Prevention: Speed Cameras May Snap Offenders at Schools and Construction Sites (July 2009)

Sources:

MARYLAND PARTNERS IN NATIONAL LAUNCH OF
WORK ZONE AWARENESS WEEK IN WASHINGTON, D.C
Maryland Dept. of Transportation April 16, 2013

Driving Safely in Work Zones
Maryland Dept. of Transportation, State Highway Administration

Related Web Resource:

Maryland State Highway Administration -- Planned Lane Closure Updates

Maryland Workers Rights : Family and Medical Leave Act Turns 20, But Sick Employees Still Fighting an Uphill Battle

Sat, 30 Mar 2013 15:12:49 -0500

When an employee suffers an injury or work-related illness, their lives literally may be at stake. As Maryland Workers' Compensation lawyers, we work with hurt and sick workers to obtain the compensation they need while they're recovering from their work injury or illness. This means promptly filing a Maryland Work Comp claim and sometimes, taking the employer to court if they refuse to honor the claim in a timely manner.

One law that provides workers who become seriously ill with some protection is the federal Family and Medical Leave Act (FMLA), which Congress passed 20 years ago under the Clinton administration. The Act ensures job security by providing workers *who meet certain requirements* (this is significant) with 12 weeks of unpaid leave, to care for a family member (including maternity/paternity care) or to care for themselves in the event of injury or illness. The law was designed to protect sick workers from losing their jobs or medical coverage.

Some employee rights advocates heralded the FMLA as the beginning of a "Workers' First" attitude in the U.S. However, others have criticized the Act as not going far enough, as it does not require all employers to provide the unpaid-leave benefit for all employees (see link to terms of the law below) -- and some people simply can't afford to take 12 weeks off without pay. Considering how exorbitant medical expenses rack up quickly, this is significant for sick workers in Maryland and everywhere else.

Maryland Workers' Rights Case Goes to Supreme Court
Maryland was, in fact, one of two states that made national legal headlines for state workers' rights cases related to the FMLA. Wrongful denial of FMLA leave to workers had been challenged through private lawsuit or administrative action by the U.S. Dept. of Labor. Related cases in Nevada and Maryland reached the Supreme Court. As Justia.com reported,

In one, Nevada Department of Human Resources v. Hibbs (2003), the Court held that state employees could sue to enforce the family-care (sick relative) provision of the Act.
But in Coleman v. Court of Appeals of Maryland (2012), the Court held that the states’ sovereign immunity under the Eleventh Amendment prevented lawsuits against them over the self-care provision.

The Supreme Court of the United States held that, "Suits against the states under the self-care provision of the Family and Medical Leave Act are barred by sovereign immunity." (See link to SCOTUS blog summary of the Maryland case below. Justice Kennedy authored the opinion.)

Seriously ill or injured workers who apply for Maryland Workers Comp may or may not also be covered under the Family and Medical Leave Act. As we've written about in previous blog articles, things can get very messy, very quickly when a worker is injured or becomes sick on the job in Maryland. If employers always stood by their workers and did the right thing -- we wouldn't need Md. Workers Comp attorneys like us to fight for their rights. Unfortunately, when money and compensation are involved, hurt workers often get the short end of the stick.

To learn more about The Family and Medical Leave Act -- and whom it does and doesn't cover -- as well as the Maryland case that went to Supreme Court, see links below.

Related Maryland Workers Compensation Attorney articles:

Dangerous Jobs in Maryland : OSHA Site Specific Inspections Target High-Risk, Non-Construction Workplaces (Jan. 2013)

Can I Get Workers Comp in Maryland if My Employer Is Based Out of State? (Nov. 2012)

Sources:

A Step in the Right Direction: The Family and Medical Leave Act of 1993 at 20
Verdict : Legal Analysis and Commentary from Justia.com March 5, 2013

Coleman v. Maryland Court of Appeals
SCOTUS Blog March 20, 2012

Related Web Resources:

Fact Sheet: The Family and Medical Leave Act
U.S. Department of Labor

Family and Medical Leave (FMLA) Information and Forms
Maryland Department of Budget and Management

Maryland Among Top 10 States for Motor Vehicle Theft

Fri, 15 Mar 2013 15:08:58 -0500

Baltimore car accident injury lawyers like us know all too well from our work with clients: Anything can happen when you pull out of your driveway and hit the road in Maryland. Car, truck, and motorcycle accidents can and do happen, often without warning. And, according to the National Highway Traffic Safety Administration (NHTSA), your vehicle itself is more at risk in Maryland as compared to the majority of states.

NHTSA reports that Maryland is among the top 10 states for motor vehicle theft. In fact, Maryland ranks number 8 on the government's list of states where your car is more likely to not be there when you return to it. The states with the most stolen vehicles are…

1. California
2. Florida
3. Texas
4. New York
5. Illinois
6. Georgia
7. New Jersey
8. Maryland
9. North Carolina
10. Nevada

What's more, NHTSA reports that a motor vehicle is stolen every 43 seconds in the U.S. The most popular vehicle stolen? According to 2008 theft rate data: It's the Dodge Charger. American cars are popular targets for car thieves. The top 10 cars stolen are, according to NHTSA, the Dodge Charger, Pontiac G6, Chevy Impala, Chrysler 300, Infiniti FX35, Mitsubishi Gallant, Chrysler Sebring, Lexus SC, Dodge Avenger, and Kia Rio.

The top two months for vehicle theft are July and August, and 40 to 50 percent of vehicle theft is due in part to "driver error." How many times have we read in The Baltimore Sun or other Maryland newspaper that someone's car was stolen with the keys left in the car? In addition, thieves are interested in what's in the car -- from loose change to laptops to iPods to GPS devices. And some cars make for easy parts in illegal "chop shops," which are then sold illegally. Air bags have become a popular item for thieves, and anyone who's had one ripped out of their car knows they are not inexpensive to replace.

Maryland vehicle thefts jumped by 143 percent between 1984 and 1994, prompting the formation of the Maryland Vehicle Theft Prevention Council. See link below to PDF of the group's report on car theft prevention in Maryland -- along with statistics on when, where, and how car theft in Maryland occurs. For example, the Council reports that…

"…vehicle thefts often occur in two distinct areas that conform to a time frame. In most circumstances, thefts occur either in residential areas in the late evening and early morning hours, or in commercial areas in the midday hours. In both cases, the perpetrators easily elude observation."

So watch where you park -- not only in Baltimore City but anywhere you travel in Maryland. This includes at home and at work. Don't leave your car in a secluded or dark area that provides easy cover for thieves. Don't leave valuables in your car. And for goodness sakes, lock your car! The days of leaving cars and homes unlocked without worry are, sadly, in the past.

Related Maryland Injury Attorney articles:

Maryland, Do You Drive 65? Highway Speeds Rising, National Survey Shows (Feb. 2013)

Maryland Drivers – Are You Asleep at the Wheel? 4 Percent of Drowsy Driving Survey Respondents Said "Yes" (Jan. 2013)

Sources:

NHTSA / SaferCar.gov: Vehicle Theft Prevention

Maryland Vehicle Theft Prevention Council (homepage)

2010 ANNUAL REPORT OF THE MARYLAND VEHICLE THEFT PREVENTION COUNCIL (PDF)

Baltimore Lawyer Representing Clients in Johns Hopkins Gynecologist Alleged Medical Misconduct Case : "These are serious and disturbing allegations…"

Wed, 20 Feb 2013 11:47:09 -0500

Patients put their trust in their doctors to not only treat their ailments and preserve their health -- but to maintain patient privacy at all times. When a patient enters a doctor's office in Baltimore, Maryland or anywhere else, they expect to be treated with respect. They expect their confidentiality and privacy to be upheld. It's an understanding that makes going to the doctor a little bit easier.

This is why the criminal investigation into alleged medical misconduct by a Johns Hopkins Hospital gynecologist is so shocking and difficult to understand. The story broke earlier this month. Baltimore media reported that a hospital employee had tipped off officials that an OB GYN doctor was allegedly taking unauthorized photos and videos of patients -- possibly with his own photographic equipment -- and storing them electronically.

Here at The Law Offices of Butschky, Ehlers and Butschky, we have begun consulting to patients and others who are concerned their privacy may have been violated by the OB-GYN doctor under investigation at Johns Hopkins Hospital in Baltimore, Maryland. These are serious and disturbing allegations, and our clients have justifiable concerns about whether their privacy may have been breached.

According to Baltimore media reports, Dr. Nikita Levy was allegedly confronted by hospital officials about the alleged unauthorized patient photos and videos, and his employment was terminated. Several days later, Baltimore Police reportedly discovered Dr. Levy deceased in his Towson, Maryland home of an apparent suicide.

A criminal investigation is underway regarding Dr. Levy and the alleged improprieties that may have occurred during his employment at Johns Hopkins Hospital.

Media reports state that Johns Hopkins Hospital, which is conducting its own separate inquiry, has begun to notify patients. However, Dr. Levy potentially saw hundreds or more patients and others during his many years at the hospital, and not all patients have been contacted. The Baltimore Sun reported that Dr. Levy began practicing medicine at Johns Hopkins in 1988 after he was granted his Maryland medical license.

It's unclear from media reports what the gynecologist allegedly may have been taking photos or videos of, and/or what he may have been doing with them. Baltimore Police reportedly gathered evidence in Dr. Levy's home in Towson, Maryland.

No one expects a doctor -- a professional who invested years in medical school and training, who took the Hippocratic Oath to "do no harm" -- to breach patient privacy. If you were treated by or had contact with the Johns Hopkins Hospital gynecologist under investigation, please contact our office today to discuss your rights. We advise clients not to talk to hospital attorneys, as that may compromise your case.

Please call us today in Baltimore at (410) 472-3651 or toll free at (800) 722-6616.

Read more about this case in our press release:

Baltimore Attorneys Butschky, Ehlers and Butschky Offer Free Consultation to Patients Concerned about Johns Hopkins Hospital OB-GYN Investigation

Sources:

Hopkins patients come forward as investigation into secret recording continues
The Baltimore Sun Feb. 19, 2013

Ex Johns Hopkins OB/GYN kills self amid patient photo investigation
WBAL TV 11 Feb. 19, 2013

Maryland, Do You Drive 65? Highway Speeds Rising, National Survey Shows

Tue, 05 Feb 2013 10:06:55 -0500

The speed limit in Maryland is 65 mph for both rural and urban interstate highways. Despite posted speed limits, there always seem to be plenty of drivers who tear down the highway -- with no regard for the law or other motorists' safety. Speed is a factor in many of the serious Maryland traffic accident cases we handle here at our Baltimore County personal injury law practice.

If it feels like speeding on U.S. interstates and highways has ramped up in recent years -- it's not your imagination.

The Insurance Institute for Highway Safety (IIHS) reported on a recent survey by the National Highway Traffic Safety Administration (NHTSA), which found 14 percent of motorists exceed the posted speed limit by at least 10 mph on limited-access highways. (Known in some states as freeways or expressways, limited-access highways have on and off ramps, are generally separated from residential properties, and have barriers separating traffic traveling in opposite directions.)

This was the first time NHTSA has collected nationally representative estimates of travel speeds on public roads for all types of motor vehicles. The survey found that from 2007 to 2009, the percentage of vehicles exceeding the speed limit on limited-access highways jumped by 23 percentage points. That's a lot of drivers deciding they need to get where they're going faster than their state traffic laws allowed.

While the numbers of drivers exceeding the speed limit on other types of roads fell slightly from 2007 to 2009 -- NHTSA still found that 13 percent of vehicles on major arteries and 15 percent on minor arteries went over the speed limit by 10 mph in 2009. (Arterial roadways are high-capacity urban roads that deliver traffic from "collector roads" to freeways.)

NHTSA released its survey results with the note that increased travels speeds may be due to differences in data collection periods. With the recession affecting highway travel in some areas, some drivers may have been inclined to speed on roads that were less congested. The challenge in collecting data stems in part from the fact that states are no longer required to submit speed data to the Federal Highway Administration. The 1995 repeal of the national maximum speed limit did away with that.

Maryland's 65 mph speed limit on highways is modest compared to the legal speeds in other states. A 75 mph speed limit is not uncommon on rural interstates (e.g., in Arizona, Colorado, Idaho, Louisiana, and Maine) -- while Texas tops the speed charts for the nation with 85 mph legal on some parts of certain highways. The IIHS frowns on this, stating that when speed limits go up, so do motor vehicle crashes and deaths.

As Baltimore County auto accident injury attorneys who work with injured people and grieving families, we've seen the terrible toll that speeding can take. Drive the speed limit, and drive defensively. Maryland isn't Texas -- but our dangerous, aggressive drivers still pose a hazard on the Baltimore Beltway and our interstates.

Related Maryland Injury Attorney article:

Maryland Motor Vehicle Accidents : NHTSA Releases Statistics, Types, and Causes for 2010 (Sept. 2012)

Sources:

Freeway speeds rise as more drivers exceed posted speed limits (PDF)
IIHS Status Report, Vol. 47, No. 8, p. 6

National Travel Speeds Survey II: 2009
Huey, R., De Leonardis, D., & Freedman, M. (2012, July). National travel speeds survey II: 2009. (Report No. DOT HS 811 638 ). Washington, DC: National Highway Traffic Safety Administration
www.nhtsa.gov/staticfiles/nti/pdf/811638.pdf

Maximum posted speed limits
Insurance Institute for Highway Safety, Feb. 2013

Dangerous Jobs in Maryland : OSHA Site Specific Inspections Target High-Risk, Non-Construction Workplaces

Tue, 15 Jan 2013 15:30:44 -0500

The United States Department of Labor, Occupational Safety & Health Administration (OSHA) announced its plan to inspect workplaces in industries with increased hazards for worker illness, injury, and death.

OSHA announced in a press release that the Site-Specific Targeting 2012 plan aims inspections at high-hazard, non-construction site workplaces with 20 or more workers. The plan is the result of data collected from a survey of 80,000 establishments in high-hazard industries. Industries surveyed included farming, automotive, trucking, packing and crating, manufacturing, grocery, lumber, department stores, as well as hospitals and psychiatric and nursing facilities.

Baltimore, Maryland Worker's Compensation lawyers like us know that construction work can be very dangerous. A fair number of our work injury cases result from construction workers who suffer injuries from slip and fall accidents, being struck by machinery or objects, and construction vehicle accidents. However worker hazards exist in other non-construction industries target by OSHA – both nationally and regionally, here in the Mid-Atlantic.

OSHA's Local Emphasis Programs target region-specific industries where workers may be at higher risk for injury and death. Maryland falls within OSHA Region III. Among the region specific industries and types of injuries targeted under this program are the oil and gas industry, cement work, construction falls, department store industry, sheet metal and scrap metal industries, the health care industry, and ship building/boat repair.

Note: Maryland is among the U.S. states and territories that operate their own OSHA-approved job safety and health programs and cover state and local government workers as well as private sector workers. The Maryland Occupational Safety and Health Program (MOSH) is part of the Maryland Division of Labor and Industry. Maryland OSHA is headquartered in Hunt Valley, Maryland and has field offices in Easton and Hagerstown, Md.

If you are injured in the course of your work for a Maryland employer, please contact an experienced Maryland work injury attorney to discuss your case. These cases can quickly turn against well-meaning employees, who may let loyalty to a company get in the way of doing what's best for themselves and their families. Remember: Insurance companies and company attorneys don't care how loyal you are to your employer or how many years of work you put into your job.

See our related articles below for more insight into the Maryland Worker's Compensation system and dangerous jobs in Maryland.

Related Maryland Injury Attorney Articles:

Top Question Asked by Injured Workers Filing Maryland Workers' Compensation Claims : "When Will I Get Paid?"

Maryland Work Injury and Death Statistics Shed Light on Most Hazardous Occupations (Jan. 2012)

Sources:

OSHA issues 2012 inspection plan to reduce injuries and illnesses at high-hazard workplaces
OSHA News Release Jan. 8, 2013

Site-Specific Targeting 2012 (SST-12) (PDF)
OSHA Notice Jan. 4, 2013

OSHA : Local Emphasis Programs

OSHA : Maryland Plan

Maryland Drivers – Are You Asleep at the Wheel? 4 Percent of Drowsy Driving Survey Respondents Said "Yes"

Mon, 07 Jan 2013 15:26:30 -0500

Federal regulations require drivers of large commercial trucks, including tractor trailers, to get a certain amount of sleep between shifts, to avoid falling asleep behind the wheel and causing serious truck accidents. No one wants to think that the 18-wheeler roaring up behind them on the Baltimore Beltway might be piloted by a driver who is about to fall asleep.

But what about all the other motorists with whom we share Maryland's back roads and highways?

A new study by the US Centers for Disease Control and Prevention (CDC) reveals something alarming: 1 in 24 drivers admit to driving drowsy, including actually nodding off behind the wheel. ABC News reports that "…based on a survey of nearly 150,000 drivers in 19 states and D.C. … sleepiness aggravated by shift work and snoring can be as risky as alcohol, slowing reaction times and impairing decision-making behind the wheel."

(Note: "Shift work" refers to jobs that demand workers change normal sleep patterns, such as security guards, factory workers, and others who work overnight or late night shifts. Snoring has also been found to inhibit a good night's sleep, which could contribute to the problem of drowsy driving.)

As Baltimore auto accident injury lawyers, we've seen what can happen when a drunk or impaired driver looses control of their vehicle. Maryland was one of the states polled in the CDC study – and 4 percent of Md. survey respondents admitted to drowsy driving. That's worse than our neighbors in Washington, DC, where 2 percent of those surveyed said they drove in a sleep deprived mode.

ABC News reports that according to the National Highway Traffic Safety Administration (NHTSA), a full 2 percent of motor vehicle accidents in the US involve drowsy driving. What's more, a separate study revealed drivers may suffer from a condition known as "microsleep" – falling asleep behind the wheel for seconds at a time, possibly multiple times while driving.

Public health and traffic safety advocates fear that drowsy driving can be as dangerous as drunk driving. Liberty Mutual Research Institute estimates that a quarter million US drivers drive drowsy every day. New estimates reveal that drowsy driving is the second leading cause of fatal motor vehicle crashes, second only to drunk driving. NHTSA estimates more than 6,000 people are killed every year due to drowsy drivers.

While we can't control the behaviors of others behind the wheel, Maryland motorists can do a few things to stay safe on the road:

> Plan long trips in advance and build in rest time. Avoid "driving all night" to "make good time." A rest break could save your life and those of other innocent motorists around you.

> If you have miles to go before you sleep, consider putting them off and sleeping instead.

> Report any drivers you observe swerving into other lanes or otherwise driving erratically to Maryland police by dialing dial #77 for non-emergency situations and 911 for true emergencies.

> The saying "Friends don't let friends drink and drive" can be adapted and applied here. "Friends don't let friends drive drowsy."

Wake up Maryland drivers! Awareness can go a long way to addressing this public health and traffic safety concern in Maryland and around the US.

Related Maryland Injury Attorney Article:

Working Overtime : Drowsy Driving a Serious Risk for Truckers and Other Maryland Motorists (Nov. 2011)

Sources:

1 in 24 in US Drives Drowsy, CDC Says
ABC News Jan. 5, 2013

'In the Blink of an Eye': Dozing While Driving
ABC News Jan. 3, 2013

Drowsy Driving — 19 States and the District of Columbia, 2009–2010
CDC Weekly January 4, 2013 / 61(51);1033-1037

A Review of Maryland Traffic Laws (Which Some Drivers Tend to Forget)

Fri, 28 Dec 2012 10:11:37 -0500

As 2012 draws to a close, it's worth taking a look at a few Maryland traffic laws and procedures. Maryland has received generally good grades from traffic safety advocates. This past year, more counties installed traffic light speed cameras in hopes of deterring accidents at intersections and in school zones. Maryland Highway Patrol is out in force every holiday, seeking to stop and arrest drunk drivers. A new law has been proposed that would add teeth to existing Maryland DUI/DWI laws, targeting offenders who drive drunk with children in the car.

However there's still room for improvement; 493 people were killed in Maryland motor vehicle accidents in 2010 and thousands more injured (Source: National Highway Traffic Safety Administration, Traffic Safety Facts Maryland 2006 – 2010).

As Baltimore County, Maryland accident injury lawyers, we keep track of existing and new state traffic laws, as they may apply to the cases we handle for clients. Maryland has contributory negligence laws on the books, so if you as an injured party broke any traffic laws when your auto accident occurred – your eligibility for compensation and/or damages may be challenged.

Maryland drivers sometimes forget the traffic laws they learned in drivers' education class. Here are just a few you may or may not remember…

Maryland has banned the use of hand held cell phones while driving (albeit as a secondary offense, i.e., they must be stopped for some other infraction), and all texting while driving is illegal (a primary offense, i.e., drivers may be stopped for texting).

Penalties for driving under the influence (DUI) in Maryland include 45 days administrative license suspension for first offense (which may be modified if driver demonstrates hardship), and ignition interlock devices. However penalties do not include vehicle forfeiture for multiple offenses. (Traffic safety advocates frown on that practice.)

Maryland has a universal motorcycle helmet law, requiring all motorcycle drivers and passengers to wear helmets. Operators are also required to wear protective eye wear.

Maryland adopted a "move over law" in 2010, requiring drivers who see police or other emergency responders at the side of the road to slow down and safely move over one lane – to avoid roadside collisions. Ironically, our neighbors in Washington, DC, where federal laws are made, have no move over law on their books.

Young drivers in Maryland who operate motor vehicles during intermediate or restricted licensing stages must obey night time driving restrictions (between midnight and 5 a.m.).

Maryland drivers age 40 and older must take a vision test at every driver's license renewal.

Motorists who experience trouble on Maryland highways should dial #77 for non-emergency police assistance. 911 is reserved for true emergencies.

Remember – When it comes to saving lives, traffic laws are only as good as the driving public's willingness to abide by them. Accidents still happen. As we always say, drive defensively. Have a safe and happy New Year.

Related Maryland Injury Attorney article:

U.S. Highway Safety Group Green Lights Maryland Traffic Laws, While Noting Areas that Need Improvement (Jan. 2012)

Sources:

Maryland State Highway Safety Laws Summary
Insurance Institute for Highway Safety

Maryland Traffic Safety Laws
Maryland Dept. of Transportation : State Highway Administration

Move Over America

Maryland Bill Targets Drunk Drivers Who Transport Minors, Proposes Ignition Locks

Thu, 20 Dec 2012 17:22:47 -0500

What's worse than a drunk driver on Maryland roadways putting themselves and other motorists and pedestrians at risk? A drunk driver with kids in the car. Baltimore County drunk driving accident injury lawyers like us will tell you…motor vehicle crashes caused by alcohol-impaired drivers involving innocent children are some of the most heart-breaking cases we handle.

Maryland State Delegate Sam Arora (D – Montgomery County) would agree – and wants to prevent such reckless behavior from happening by adding teeth to Maryland DUI laws. Mr. Arora is sponsoring a new bill at the Maryland State House that would require drunk drivers caught transporting children while under the influence of alcohol to install an ignition lock device in their vehicles – and check their sobriety every time they attempt to drive.

Maryland House Bill 0032, "Drunk Driving - Transporting Minor - Ignition Interlock System Program," sponsored by Delegate Arora, was pre-filed in the House on Sept. 4, 2012 and is scheduled for First Reading by the Judiciary for Jan. 9, 2013.

Current Maryland drunken driving law does not require drunk drivers to install an ignition interlock device unless they are found to be nearly double over the legal blood alcohol concentration limit at .15 BAC. (The legal limit is .08 BAC.) Arora believes that drunk drivers found with children in the car are putting innocents at risk, and the laws to prevent them from harming children should be tougher.

Arora would like the Maryland drunk driving laws changed to require drunk drivers with a BAC of .08 or more and children in the vehicle to install the ignition interlock breathalyzer device. The device works much as the police dept. breathalyzer test: The suspected drunk driver breathes into the device and it records his or her blood alcohol concentration level. If the level is at or above the legal limit, the driver will not be able to engage the ignition of the vehicle.

Mothers Against Drunk Drivers (MADD) commended Mr. Aurora for introducing the Maryland bill, and agreed with him that Maryland needs tougher drunk driving laws to protect children. The MADD website states: "In 2011, Maryland mildly improved on their drunk driving law by requiring ignition interlocks for all repeat and first time offenders with a blood alcohol concentration (BAC) of .15 or greater. Maryland could see a significant decline in DUI related deaths, if these devices were required for all offenders."

Maryland is among several states with a DUI Child Endangerment statute on the books, which allows for additional penalties for a drunk driving conviction with a child passenger in a vehicle. Mr. Aurora would like to prevent alcohol impaired drivers in Maryland from ever getting behind the wheel and driving intoxicated with a child in their car or truck again.

He writes on his website: “Driving drunk with a child in the car is beyond reckless, and we have the tools to save lives. There is no better way to protect these children than ensuring that their drivers are sober.”

We couldn't agree more.

Related Maryland Accident Attorney article:

When Police Officers Deliver Tragic News : Someone Has Been Killed in a Maryland Drunk Driving Accident (Oct. 2011)

Sources:

Maryland to Consider Ignition Breathalyzer for Adults Who Drive Children While Drunk
Maryland Delegate Sam Arora website Dec. 19, 2012

HB 0032 Drunk Driving - Transporting Minor - Ignition Interlock System Program
Maryland General Assembly website collected Dec. 19, 2012

Maryland Lawsuits and Contributory Negligence : Soccer Injury Lawsuit Could Bring Change for Accident Victims

Fri, 30 Nov 2012 18:00:00 -0500

A Howard County soccer player's injury lawsuit being tried in the high court in Maryland could help accident victims fare better in personal injury lawsuits. However, a Maryland lawmaker may propose a bill to block any changes to the existing laws. At the center of the controversy is something we Baltimore car accident injury attorneys are quite familiar with: The Maryland contributory negligence law.

Maryland is one of four states and the District of Columbia that have a "contributory negligence" law on the books. What this means for you, as an accident victim, is if you're found to be even a tiny fraction at fault in an accident (e.g., a traffic crash or other accident), your insurance claim can be flat out denied and/or you could lose your lawsuit, at trial.

However the Maryland contributory negligence law is now being challenged in the high court. The Washington Examiner reports that, "A case before the Maryland Court of Appeals could change the requirement, making it easier for accident victims to sue -- a change that victim advocates are cheering on."

The case involves Kyle Coleman, a then 20-year-old soccer player who received serious head and facial injuries when a bar from a collapsed soccer goal fell on him. The player sued the Soccer Association of Columbia, Md., which was running the practice when he was injured. Attorneys for the defendant argued that because the plaintiff was swinging from the goal (a practice the association warns against) and had allegedly smoked marijuana earlier in the day, he was not eligible for compensation.

The Baltimore Sun reported in Sept. that "…a Howard County jury found the association was at fault in Coleman's injury because it did not properly secure the goal. But because the jury also found that Coleman was at least partly responsible for the accident, he did not receive any payout." An attorney representing the injured soccer player and chairman of the Maryland Association for Justice Political Action Committee reportedly called contributory negligence unfair.

Now the case is playing out in the Court of Appeals – challenging Maryland's longstanding contributory negligence law. If the case brings about changes in the law about who can sue whom, victims' rights advocates will be pleased. However state Del. Ben Kramer, D-Silver Spring, Maryland, says if that happens, he will propose a bill in January to keep the laws on the books as they stand.

Baltimore County accident injury lawyers like us see scenarios with contributory negligence play out time and time again – including in motor vehicle accidents. Say a pedestrian is struck down in Baltimore City by a speeding vehicle and suffers broken bones and internal injuries. A clear cut case, right? Not if the pedestrian was crossing the street NOT in a crosswalk. That can count against the individual and reduce or eliminate any compensation he or his family might receive in a lawsuit.

It might not seem fair, but according to the law in Maryland, that's the way it is. As injury lawyers, we fight hard to obtain the maximum amount of compensation and damages possible for our clients – including in the face of Maryland's often harsh contributory negligence law. We will watch for the outcome of this case in Howard County, Md., and whether it brings about changes to the law.

Related Maryland Injury Attorney article:

Maryland Medical Malpractice and Negligence: How Do I Know If I Have a Case? (Oct. 2009)

Sources:

Maryland lawmaker hopes to prevent change making lawsuits easier
The Washington Examiner Nov. 27, 2012

Soccer field accident could remake Maryland personal injury law
Court of Appeals considers allowing injured people to win damages even if partly at fault
The Baltimore Sun Sept. 18, 2012

"Can I Get Workers Comp in Maryland if My Employer Is Based Out of State?"

Fri, 23 Nov 2012 13:54:54 -0500

A high-profile case this past summer drew attention to an issue we Baltimore County work accident injury lawyers encounter with our clients. What happens if you're hurt at work in Maryland, but your employer is based out of state? What if your work in Maryland requires you to travel and work at employer sites in other states? How does Maryland Workers Compensation fit into the picture?

Work-related injuries can happen to people in just these types of situations. Often they are sales people, construction workers, and others who travel for their Maryland jobs. But not always.

This past summer, former Washington Redskins pro football player Tom Tupa took his Workers Compensation claim to the Maryland High Court. In August 2005, Tupa injured his back while playing a pre-season game at FedEx Field in Landover, Maryland. However, he had an employment contract with Pro-Football, Inc., which is based in Virginia. Tupa and his attorneys pursued the Workers Compensation claim in Maryland courts, asserting that because the injury happened in Maryland – Maryland Workers Comp should cover Tupa's injuries.

Pro-Football, Inc., argued that Redskins players practiced and attended meetings at company headquarters in Virginia, therefore Tupa was contractually bound to bring any injury claims in Virginia -- not Maryland where the injury took place. The court disagreed. The court also determined that Tupa's injuries were indeed accidental and occurred in the course of his employment – playing pro football – and therefore were compensable.

The Maryland Court of Appeals ruled that it "…had jurisdiction over a football player's claim and he suffered a compensable injury during the course of his employment." In other words, Tupa's employment contract with a Virginia-based employer did not mean he waived his rights to collect Workers' Compensation in the state of Maryland, where he was regularly employed (i.e., playing football games).

Most Maryland Workers Compensation claims do not make headlines like this one. However regular working people who are hurt on the job may find, like Mr. Tupa, that their employers may throw up roadblocks to their Md. Work Comp claims. Loyalty can go out the window when an employee gets hurt, and a company is looking at being held responsible.

This is why it's so important to contact an experienced Maryland Workers' Comp attorney as soon as possible following your work-related injury or illness. If you were injured out of state, or your employer is based out of state – that can throw more wrenches into an already complicated process. Get seasoned legal help to make sure you aren't denied Workers Compensation to cover your medical bills and lost wages.

Related Maryland Injury Attorney article:

Maryland Work Injury and Death Statistics Shed Light on Most Hazardous Occupations (Jan. 2012)

Sources:

Case Name: Pro-Football, Inc. v. Tupa, No. 29 September Term, 2011 (Md. 08/22/12)
16-page decision (PDF doc)

Redskins' punter can collect benefits in Maryland despite contract terms
Risk & Insurance magazine Nov. 22, 2012

Ex-Redskin Tom Tupa can get workers’ comp, Md. high court rules
The Washington Post Aug 23, 2012

Maryland MVA Offers Thanksgiving Travel Trips, as AAA Predicts Uptick in Traffic

Thu, 15 Nov 2012 10:33:48 -0500

Thanksgiving holiday traffic has become legendary in Maryland. Baltimore car accident injury lawyers like us appreciate the travel headaches -- and increased risks for motor vehicle crashes -- that Maryland motorists endure over Thanksgiving week. Driving this time of year requires planning, patience, and a steady hand at the wheel.

Thanksgiving is the most heavily travelled time of the year in the U.S. We have Baltimore County commuters who work Thanksgiving Eve hitting the roads at the same time as thousands of families are embarking on their holiday road trips. The combination of frazzled commuters trying to get home from work jamming our roadways -- along with students, families, visitors, and others trying to get where they need to go -- means long traffic delays and short tempers.

Throw unpredictable Northeast weather into the mix and it's a wonder anyone leaves home at all. That said, the folks at the Maryland Motor Vehicle Administration (MVA) offer a few common sense tips for people who will be driving on Thanksgiving:

Make sure your car is tuned up and in good shape for a road trip. Check your tires, headlights, windshield wipers, brakes, and fluids before you hit our Maryland roadways.

Make sure everyone buckles up their seat belts.

Observe Maryland laws for proper restraint of children and infants in car seats.

Obey speed limits.

Don't drink and drive.

Don't engage in distracted driving behaviors such as texting (which is illegal in Maryland) and cell phone use (handheld cell phone use is a secondary offense).

AAA predicts a modest uptick in national Thanksgiving holiday traffic this year – due in part to lower gas prices and a slowly recovering economy. AAA predicts 43.6 million Americans will travel at least 50 miles from home over the holiday. A report on Weather.com stated that AAA was uncertain how damage caused by super storm Sandy might impact travel in the Mid-Atlantic region. Either way, advanced planning is always a good idea.

The Washington Post offers a guide to regional roadways and suggests Thanksgiving routes in and out of the region. If you're among the millions of holiday celebrants traveling by car this year, give yourself plenty of time to get to your destination. Don't try to break any land speed records driving in Maryland. Plan out your route, keeping in mind that other drivers will take the same "short cuts" you're planning to use. Be safe out there this Thanksgiving. You'll have plenty of company on our Baltimore County, Md. roadways.

Related Maryland Injury Attorney Articles:

Maryland Foul Weather Driving Safety Tips : Stay Off the Road, and If You Must Drive – Prepare First, and Drive Defensively (Oct. 2012)

Maryland Among States at Highest Risk for Auto Crashes with Deer (Oct. 2012)

Maryland Seeks to Add More Teeth to Distracted Driver Laws (May 2012)

Sources:

Thanksgiving Travel Tips from Maryland MVA

Thanksgiving Travel Forecast: Gridlock Ahead
Weather.com Nov. 13, 2012

Thanksgiving getaway guide: Advice for long-distance travel from D.C.
The Washington Post Nov. 10, 2012

Maryland State Agencies Named in Negligence Lawsuit over Car Accident Death at Hatem Bridge : Trial Underway in Bel Air, Harford County

Mon, 12 Nov 2012 18:46:56 -0500

The father of a young girl killed in a 2001 motor vehicle accident on Hatem Bridge is suing the State of Maryland for negligence. Despite numerous roadblocks delaying legal proceedings, and the passage of more than a decade, the trial finally got underway this month in Harford County Circuit Court.

According to The Baltimore Sun, the fatal auto crash took place in 2001 on the Thomas J. Hatem Memorial Bridge in Havre de Grace, Md. News reports state that the crash took place on Aug. 10, 2001, during heavy rain. A 12-year-old girl and her step father were driving west on the bridge on Route 40 over the Susquehanna River. The man's pickup truck reportedly hit water and hydroplaned, swerving into traffic and hitting a Jeep Cherokee. The young girl was killed and the pickup truck driver was pronounced deceased at a Harford County, Md. hospital.

In 2004, the father of the young girl killed in the crash filed a lawsuit against three Maryland state agencies, claiming they "failed to use reasonable care to protect the public" by installing a dividing barrier on the four-lane bridge. Named in the lawsuit are the Maryland Transportation Authority, the Maryland Department of Transportation, and the State Highway Administration.

Harford County, Maryland car accident injury lawyers may advocate for families in cases where a loved one is injured or killed in a motor vehicle crash. In addition to the two fatalities in this unfortunate case, two other accident victims were injured. The Baltimore Sun reported that one injured accident victim has already been called to testify and describe what she remembers from the day of the crash.

From a legal standpoint, this case is notable as the State of Maryland is named in the lawsuit. The Baltimore Sun reports that attorneys representing the state assert that bad weather conditions – not the design or maintenance of the bridge roadway – led to the fatal pickup truck accident that day in 2001.

This sad case illustrates what we Maryland auto accident injury attorneys know from experience: Accidents can and do happen in an instant. It will be interesting to see how this particular case plays out in Harford County Circuit Court – and whether the State of Maryland is held responsible in the motor vehicle accident death.

Related Maryland Injury Attorney articles:

Queen Anne's County Maryland Wrongful Death Lawsuit : Family Awarded $100K in Chesapeake Bay Bridge Fatal Truck Accident Case (Sept. 2010)

Maryland Foul Weather Driving Safety Tips : Stay Off the Road, and If You Must Drive – Prepare First, and Drive Defensively (Oct. 2012)

Sources:

Trial in Hatem Bridge fatality suit continues this week
The Baltimore Sun Nov. 12, 2012

Trial of 2004 lawsuit over Hatem Bridge fatal accident finally under way in Bel Air
The Baltimore Sun Nov. 8, 2012

Maryland Foul Weather Driving Safety Tips : Stay Off the Road, and If You Must Drive – Prepare First, and Drive Defensively

Tue, 30 Oct 2012 14:15:29 -0500

Hurricane Sandy showed us how quickly weather conditions can go from bad to worse to downright dangerous on Baltimore County, Maryland roadways. Despite weather forecasts and state advisories for motorists to stay off the roads, there are always a few souls who venture out onto the roads into a storm. The combination of wind, rain, water soaked roads, downed trees and power lines, and motorists rushing to get home is a recipe for disaster.

Baltimore County, MD car accident lawyers like us advocate for families when a motor vehicle accident with injury or death happens. We've heard so many sad "if only" stories. "If only we hadn't gone out that night.…" "If only he'd slowed down.…" "If only we'd taken a different route.…" The best driving tip for Maryland motorists facing a hurricane or winter storm is stay off the roads. Not only are you putting yourself and other motorists at risk – you may be getting in the way of emergency vehicles attempting to clear roads, repair power lines and assist injured or stranded people.

If you absolutely must drive in foul Maryland weather, drive slowly and defensively. Listen to news reports and plan the safest route possible. You do not want to become part of a sea of cars stranded in a flood or snowstorm. Hurricanes create flooding and ponding on roads that can cause cars to "hydroplane" – that is skidding on top of a film of water. This is a nerve-wracking experience for anyone who's ever lost control of their car on slick roads, even briefly. Hydroplaning vehicles can leave their lanes and cause head-on collisions and other serious auto accidents.

A number of driving safety websites (see links below) offer tips for drivers to get through bad weather conditions on the road. It's worth a read to prepare for a situation that calls for a calm, controlled response. Whether driving in a rain storm, a hurricane, or snow storm in Maryland, some very basic driving and auto maintenance tips apply:

--Drive slowly and defensively, especially around curves. Maryland motorists rushing to get home in a storm, particularly on our winding back country roads, can lose control taking curves too fast.

--If you skid or hydroplane, don't panic. Yes, this is easier said than done. Read the driving safety tips below to learn more about how to safely steer and brake during a skid or while hydroplaning.

--Keep tires well maintained. Your tires are the rubber than come between you and the roadways in Maryland. Keep them properly inflated and rotated per the manufacturer's recommendation. Watch for signs of wear and replace old tires.

--Keep brakes well maintained. Anti-lock brake systems (ABS) have greatly enhanced auto safety. If you firmly apply your ABS brakes during a skid, the computerized programming will pump the brakes for you in a controlled manner designed to safely slow the car down. Like tires, brakes are only as good as the maintenance that keeps them in good repair and functioning.

--Replace worn windshield wiper blades. This small piece of automotive equipment makes a big difference if you're trying to see through sheets of rain. Replace wiper blades that are beginning to fray at the ends.

The foul weather season in Maryland has started off rough with Hurricane Sandy. There could be more bad storms this fall, and we have a long winter ahead of us. Keep your cars and trucks well maintained and drive defensively.

Related Maryland Injury Attorney articles:

Baltimore County Winter Driving Safety : Is Your Car a Moving Igloo After a Maryland Snow Storm? (Jan. 2011)

Car Accidents with Farm Equipment on Public Roads in Maryland: When Lifestyles and Vehicles Collide (Dec. 2010)

Sources:

Driving Safety Tips: Skidding and Hydroplaning in Rainy Conditions
The Weather Channel

Driving in Bad Weather
Allstate

Tips for Safe Driving
Maryland Department of Transportation, Motor Vehicle Administration (MVA)

Maryland Traffic Information
Federal Highway Administration