Maryland Injury Attorney Blog

Running on Red in Maryland : Would Longer Yellow Traffic Light Times Cut Down on Intersection Accidents?

Mon, 30 Apr 2012 10:09:56 -0500

Maryland drivers are no strangers to this frightening scenario. You're stopped at a red light in say, Baltimore. Just as the light turns green and your foot hits the gas pedal -- another car shoots through the intersection in front of you, running his or her red light. You slam on your brakes, gasp for breath, and thank your lucky stars you weren't broadsided and hurt, or worse.

As a Baltimore County car accident injury lawyer, I know from work with injured and grieving clients that not everyone is so fortunate in this all-too-common scenario. Motorists who run red lights can cause devastating crashes resulting in motor vehicle damage, bodily injury, and death -- all to save a minute and avoid sitting at the traffic light.

Some national transportation experts believe that extending yellow traffic light times might cut down on the incidence of drivers running red lights, and curb not only traffic violations but intersection auto accidents. Opponents believe that drivers would adapt to longer yellow light times, and those inclined to race through intersections to beat the red lights would do so anyway.

Under Maryland traffic law, yellow lights are intended to give drivers time to slow down and warn pedestrians in advance of traffic lights changing. The Md traffic laws state:

(1) Vehicular traffic facing a steady yellow signal is warned that the related green movement is ending or that a red signal, which will prohibit vehicular traffic from entering the intersection, will be shown immediately after the yellow signal. (2) Unless otherwise directed by a pedestrian control signal…, a pedestrian facing a steady yellow signal is warned that there is not enough time to cross the roadway before a red signal is shown, and a pedestrian may not then start to cross the roadway.

(Source: 2010: Maryland Transportation Code via Justia.com US Law)

Yellow traffic lights can vary in duration from just a couple seconds to several seconds long. The installation of more traffic cameras -- in Maryland and around the country -- has become controversial in relation to yellow lights. While proponents of red light and speed cameras believe they save lives, others feel that where yellow lights turn to red quickly, the cameras may entrap drivers who would stop if given more time.

Unfortunately, to many drivers in Maryland and around the US, a yellow traffic light has come to mean "hurry up." The results of this misinterpretation can be dangerous, damaging, and deadly.

Related Maryland Injury Attorney articles:

Lessons Learned Abroad: Why Auto Accident Death Rates Are Lower in Europe Than in the U.S. (Sept. 15, 2011)

Deterring Baltimore County Traffic Accidents: Speed Camera Laws Go Into Effect (Oct. 7, 2009)

Related Web Resources:

Maryland Dept of Transportation: Traffic Safety Laws

NHTSA: Driver Education

U.S. Dept. of Transportation, Federal Highway Administration:

Manual on Uniform Traffic Control Devices

Traffic Signal Timing Manual

Why Distracted Driving in Maryland Can Be as Deadly as Drunk Driving

Tue, 17 Apr 2012 09:06:52 -0500

It's become a tragic and all-too-familiar news story: A driver involved in a fatal car accident was found to be texting or talking on a cell phone right before the deadly crash occurred.

Often the driver is a teenager, an inexperienced youth operator just learning the rules of the road. However studies have shown that adults can be just as guilty of texting while driving as their teenagers. And while the problem of texting and driving may have overshadowed using cell phones while driving, the latter remains a serious traffic safety concern on par with drunk driving.

The U.S. Department of Transportation declared April as National Distracted Driving Awareness month. With good reason.

As we Baltimore, Maryland car accident injury lawyers know from decades of experience: Serious and deadly auto accidents can happen in a heartbeat. All it takes is for the driver to take his or her eyes off the road or become distracted for a second, and a collision with another automobile, motorcycle, pedestrian or object can occur. Even in states like Maryland that have a primary texting while driving ban on the law books, we still observe adult and teenage drivers with their heads down and their thumbs typing away.

While Maryland and the U.S. as a whole have made life-saving gains in traffic safety in other areas -- the problem of using cellphones to talk, read and send text messages while driving cars, trucks and SUVs remains a tough one to curb.

U.S. Transportation Secretary Ray LaHood has taken his message against distracted driving public, asking states to pass and implement tougher traffic safety laws. Some frightening statistics from the government's distracted driving prevention website:

Motorists who engage in texting while driving are 23 times more likely to be involved in an auto crash.

Drivers talking on a hand-held device are 4 times more likely to be involved in a motor vehicle accident with injury.

Talking on a cell phone while driving can delay driver reaction time as much as if the driver were legally drunk (i.e., with a point .08 blood alcohol concentration).

Maryland Traffic Laws on Texting and Cell Phone Use While Driving
The National Highway Traffic Safety Administration (NHTSA) estimated that some 3,000 people were killed in distracted driving motor vehicle accidents in 2010. Maryland has joined states that have an all-out ban on texting while driving, making it a primary offense. However Maryland's ban on talking on hand-held devices may only be enforced as a secondary offense. (In other words, the driver must be pulled over by police for some other primary offense. See link to GHSA website below for more detail on state laws on distracted driving.)

Is any text message or cell phone call to a friend, family member, or co-worker worth loss of life or limb? Most rationale people would say, "Of course not!" However the problem of texting and talking on cellphones while driving endures in Maryland and across the country. Be careful out there and please, save the texting and cell phone chatting for when your car is in park.

Related Baltimore Accident Injury Lawyer Articles:

U.S. Highway Safety Group Green Lights Maryland Traffic Laws, While Noting Areas that Need Improvement (Jan. 18, 2012)

Should Maryland Laws Banning Cell Phone Use While Driving Get Even Tougher? (Dec. 21, 2011)

Sources:

April Declared Distracted Driving Month
National League of Cities April 16, 2012

April Is Distracted Driving Awareness Month
U.S. Department of Transportation blog April 3, 2012

Related Web Resources:

Distraction.gov : Official U.S. Government Website for Distracted Driving

Cell Phone and Texting Laws April 2012
Governors' Highway Safety Association

Maryland Workers' Compensation Fund Could Be Privatized, If State Bill Passes

Wed, 28 Mar 2012 14:16:46 -0500

Maryland lawmakers have moved forward with legislation that seeks to privatize the state-run Workers' Compensation fund. S.B. 745 seeks to require the Maryland Injured Workers' Insurance Fund (IWIF) to restructure into a private workers' compensation insurance fund, to be known as the Chesapeake Employers' Insurance Co.

The bill was introduced to the Maryland State Senate on Feb. 3 by State Senator Thomas M. Middleton and is co-sponsored by State Senators Katherine Klausmeier and Delores G. Kelley. The bill passed with amendments in the Maryland State Senate in mid-March, and has moved to its first reading in the House (House Bill 1017).

Since 1914, the IWIF has been the Maryland workers' compensation insurer of last resort -- meaning it has written policies for employers who couldn't otherwise find suitable insurance in the private marketplace. The Baltimore Business Journal reports that the IWIF has been Maryland's largest workers' comp insurer -- providing insurance for some 21,000 Maryland businesses (more than 20 percent). That amounted to about $170 million in policies written in 2011.

The bill is somewhat controversial, and is not the IWIF's first attempt at privatizing and moving out from under state control. As the BBJ reports, "Despite the planned name change, IWIF would still be under state control because the governor would continue to name IWIF’s board of directors, insurance industry officials said." The IWIF has reportedly expressed concern over the Maryland General Assembly and Governor O'Malley seeking to tap its $310 million in surplus to close state budget gaps.

As experienced Baltimore County, Maryland workers compensation lawyers for nearly three decades, we've seen how the insurance system works from the inside out. If this pending legislation passes, it's unclear whether workers compensation insurance rates will change for Maryland employers -- and how that change might trickle down to the workers comp claim process for injured workers.

If you're injured at work -- do not attempt to file a Maryland work comp claim on your own. The system is far more complicated than the average working person could ever imagine. Just like you wouldn't go off hiking in the wilderness without a map and a guide -- you don't want to try to navigate the Maryland Workers Compensation system on your own. Please, if you're injured at work in Maryland, contact a personal injury attorney who knows the ropes. And for goodness sakes, don't make a statement to your employer, their insurance rep, or their attorney. Like walking on a slippery precipice -- one false move and it could all be over.

The current Maryland Workers Comp system is fraught with enough perils and pitfalls for injured workers. That's why we as Maryland work injury attorneys are here to help. We will follow this legislation as it moves through the Maryland House.

Related Maryland Workers Comp Lawyer article:

Maryland Work Injury and Death Statistics Shed Light on Most Hazardous Occupations
Jan. 10, 2012

Sources:

IWIF seeks to cut ties with Maryland
Baltimore Business Journal Feb. 17, 2012

Legislation to privatize Maryland's workers comp fund moves forward
Business Insurance March 26, 2012

Maryland could ‘privatize’ workers’ comp fund
Out of the Storm News March 27, 2012

Related Web Resources:

Senate Bill 745 -- Synopsis and Sponsors

Injured Workers Insurance Fund

Maryland Workers' Compensation Commission

Which Maryland Traffic Safety Laws Save the Most Lives?

Mon, 05 Mar 2012 17:08:14 -0500

If you grew up in my generation, going for a Sunday drive along Maryland back roads was a leisurely family pastime. We kids piled in the back of the sedan or station wagon, with dad at the wheel and mom riding shotgun. Life was a lot simpler in those days.

Looking back, it's a wonder more of us weren't injured or killed in Maryland car accidents. We had none of today's driving laws or vehicle safety equipment in place. No child or infant car seats, no air bags, no anti-lock brakes, and no cell phones if you did run into trouble. The cars may have had seat belts, but we weren't required by law to wear them. When it comes to traffic safety and preventing auto crashes in Maryland, we've come a long way since we were kids.

Thanks to adoption of traffic safety laws, public awareness campaigns, and vehicle improvements, national motor vehicle death rates are back down to the 1961 level. The U.S. Census reports that in 2009, a total 33,808 persons were killed in motor vehicle accidents in this country. That's as low as it's been since the early 1960s. Maryland had 547 traffic deaths in 2009. Still, every one of these Maryland traffic crash deaths means someone's life was cut short. A family was left grieving.

Baltimore County car crash injury lawyers know that one death on our Maryland roads and highways is one too many. Sadly, many of these deaths could have been prevented -- had the responsible drivers slowed down and obeyed the Maryland traffic laws. Now a new report shows how many lives have been saved by traffic laws and vehicle safety equipment in the U.S.

The U.S. Dept. of Transportation estimates numbers of lives saved nationally between 1975 and 2009, thanks to traffic laws and vehicle safety measures. Interesting findings, which apply to Maryland:

Safety belts are the number-one life saver. The DOT estimates some 267,890 lives were saved during the 30+ year study period, because drivers and passengers simply buckled up. That's an astounding number. What's more, study authors estimate an additional 363,552 lives could have been saved if 100% people had used their seat belts.

Motorcycle helmets reduced the number of people killed in motorcycle crashes by 31,985. An additional 28,169 motorcycle operators or passengers could have survived had 100% helmet use been in place.

Legal drinking age of 21 saved 27,677 lives.

Child restraints saved 9,310 lives.

Use caution when you're out driving on Maryland's highways, city streets and back roads. While we may have more traffic safety laws and better designed vehicles than in our parents' day -- we also have more traffic and more congested roads and highways. Distracted driving, drunk driving, speeding and teenage driving accidents remain serious risks and challenges for traffic safety advocates and law enforcement in Maryland.

Related Maryland Injury Attorney articles:

U.S. Highway Safety Group Green Lights Maryland Traffic Laws, While Noting Areas that Need Improvement (Jan. 18, 2012)

Maryland Car Accident Statistics: NHTSA Reports Fatalities Down to 1961 Level (April 7, 2009)

Sources:

Fatal Motor Vehicle Accidents -- National Summary 1990 - 2009 (PDF)
U.S. Census Bureau 2012, Based on Fatality Analysis Reporting System (FARS), National Highway Traffic Safety Administration (NHTSA)

Fatality Analysis Reporting System, General Estimates System, 2009 DATA SUMMARY (PDF)
U.S. Department of Transportation, Sept. 2011

Related Web Resource:

U.S. Census Bureau: The 2012 Statistical Abstract: Motor Vehicle Accidents and Fatalities

University of Maryland Research : Pedestrians Wearing Headphones at Greater Risk for Traffic Accident Injury and Death

Wed, 15 Feb 2012 11:13:30 -0500

Have you noticed how the behavior of Maryland pedestrians has changed in recent years?

Used to be people walked down the street, looked around at the buildings and scenery, and thought about the day's activities. They walked to and from work, school, and the store, pushed babies in carriages, and trotted their dogs on leashes. The main pedestrian activity in Md. was getting where you needed to go. The biggest distraction was the honking of car horns and of course navigating safely across busy Baltimore City and other Maryland streets.

Now the technological devices that bring a world of information and entertainment to our fingertips are in fact posing a risk to life and limb for not only Maryland distracted drivers -- but for distracted pedestrians, too.

Today's wired walkers aren't just juggling briefcases, backpacks, shopping bags, and cups of coffee. Drive through downtown Baltimore or any busy Maryland community today, and you can count on one hand the number of pedestrians who aren't engaged in some sort of technology fueled activity. Pedestrians are talking on cell phones, surfing the Internet, texting their friends, and listening to music on headsets. With their heads down and their hearing muffled, these multitasking distracted pedestrians are at risk for being involved in serious or even fatal pedestrian traffic accidents.

Walking to the Wrong Tune in Baltimore, Maryland : Pedestrian Accidents Waiting to Happen
A new study out of Maryland shows that motor vehicle crashes involving pedestrians wearing headphones plugged into devices such as iPods and MP3 players are in fact on the rise. Richard Lichenstein, director of pediatric emergency medicine at the University of Maryland Medical Center, led research conducted with his University of Maryland colleagues to look at traffic crash incidents involving pedestrians wearing headsets.

As a Baltimore County pedestrian accident injury attorney knows from work with clients in Maryland -- it only takes a split second for a fatal, devastating pedestrian traffic crash to happen. Md. researchers conducting the study on pedestrian traffic accidents and people wearing headsets looked through databases in the U.S. Consumer Product Safety Commission (CPSC), as well as reports appearing in the Google News Archives. Their findings were alarming:

Of 116 reports of pedestrian traffic accidents found where the walkers were wearing headphones, 81 of those crashes resulted in death.

Nine out of 10 of these cases occurred in urban areas.

Two-thirds of pedestrian accident victims were young men under age 30, and one-third were boys under 18.

More than half of these accidents involving headset-wearing pedestrians (55 percent) involved trains, with about 3 in 10 cases involving train horns blowing which were reportedly not heard.

Life has become more complicated. As experienced personal injury attorneys in Baltimore County MD, we see how driving and pedestrian distractions can lead to serious and fatal vehicle accidents. The findings of this University of Maryland study should be heard loud and clear by anyone walking OR driving on Baltimore City or other Maryland streets. Please keep your head up and your eyes and ears open.

Related Maryland Accident Injury Attorney article:

Maryland Hybrid Drivers : Pedestrian Accident Injury Liability Claims Up, Insurance Report Says (Jan. 31, 2012)

Sources:

INJURIES TO HEADPHONE-WEARING PEDESTRIANS STRUCK BY CARS AND TRAINS MORE THAN TRIPLE SINCE 2004, ACCORDING TO UNIVERSITY OF MARYLAND RESEARCHERS
University of Maryland Medical Center News Release, Jan. 16, 2012

Hazards: Pedestrians Are Advised to Keep Ears Open
The New York Times Jan. 24, 2012

US Labor Dept. Sues Towson, Maryland Employer over Mishandling Workers' Retirement Contributions

Sun, 05 Feb 2012 12:27:49 -0500

A Towson, Maryland rehabilitation center has been sued by the United States Department of Labor for allegedly mishandling employees' retirement contributions. According to a news release, the U.S. Labor Dept. has filed a lawsuit against Towson Rehabilitation Center LLC and its CEO for failure to remit employees' retirement contributions to the company's 401K plan.

The lawsuit, which was filed in the U.S. District Court for the District of Maryland in Baltimore, seeks to restore all plan losses and "permanently bar the defendants from serving in a fiduciary capacity to any employee benefit plan…" covered by the Employee Retirement Income Security Act (ERISA).

A case such as this suggests an alleged breakdown in trust between the employer and employees--in this case, with workers' retirement contributions at stake. Trust can also break down when someone is injured at work, and the employer may not always do what is in the best interest of the injured employee.

Towson, Maryland Workers Comp lawyers also understand the grief injured workers go through when the trust between employer and employee is broken.

When someone is hurt in the course of their employment in Maryland, there may be a knee-jerk reaction to let the employer handle matters. Often hard-working, dedicated employees believe "my boss knows what's best." They don't want to make waves -- particularly in this rough economy where good jobs are hard to come by and hold onto. So they leave it up to their employer to advise them on how to handle their work injury. Maybe the boss tells them to take a couple days off, rest up, and see if the injury improves. To that we say, don't do it! Document your injury, report the incident to your supervisor, get medical attention…and contact an experienced Towson, MD work injury attorney.

As we tell our clients whom we assist in filing Maryland Workers Compensation claims… If you get hurt at work, don't let guilt or loyalty to your employer prevent you from filing a claim that will help you in the long run.

Even in cordial employer-employee relationships, things can go downhill very quickly when a worker is injured and the employer may be responsible and held liable. This is why it's always best to consult an experienced injury attorney if you or a loved one are hurt while performing your job in Md. That injury may have repercussions for years to come. And if you don't handle things properly from the onset, you may be left high and dry with mounting medicals bills and disabilities that prevent you from working and earning your wages.

The case referred to here against the Towson, Md employer was filed by the Labor Department’s Regional Office of the Solicitor in Philadelphia, PA.

Related Maryland Injury Attorney articles:

Maryland Car Accidents While at Work : How MD Workers' Compensation Works with a Motor Vehicle Accident Liability Claim

Sources:

US Labor Department sues Towson Rehabilitation Center in Maryland and owner to restore employees’ 401(k) contributions
US Dept. of Labor News Release Feb. 3, 2012

Justia Dockets and Filing:
Solis v. Towson Rehabilitation Center, LLC et al January 11, 2012

Related Web Resource:

MD Workers' Compensation in the Courts of Appeals

Maryland Hybrid Drivers : Pedestrian Accident Injury Liability Claims Up, Insurance Report Says

Tue, 31 Jan 2012 09:24:49 -0500

Hybrid vehicles are rising in popularity in Maryland and across the U.S., as more people seek to save money on gas with an environmentally friendlier vehicle. However according to a recent insurance industry report, hybrids vehicles aren't always as friendly to pedestrians. Liability claims for pedestrian accidents with hybrid vehicles are on the rise because people on foot -- as well as bicyclists -- may simply not hear them coming.

The Insurance Institute for Highway Safety (IIHS) issued a report late last fall stating that hybrids are actually safer than their non-hybrid equivalents when it comes to protecting motorists in car accidents. However the same cannot be said when pedestrians are struck by hybrids. The IIHS reported that hybrid vehicles are 20 percent more likely to be involved in traffic accidents with pedestrians.

A Baltimore County pedestrian accident injury lawyer works with individuals in cases where a person on foot has been struck and injured or killed by a motor vehicle. We're hearing more about pedestrian traffic accidents involving hybrid cars, whose engines are very quiet when the vehicle is in electric only mode. Unlike conventional gas burners that rumble along the Maryland roadways, hybrids running on all electric current may approach almost silently -- particularly for pedestrians who are wearing iPod headsets, and/or are texting or talking on their cell phones.

(Distracted walking is a related and increasing pedestrian traffic accident hazard, as more and more people on foot multi-task with their SmartPhones, unaware of the traffic around them.)

According to the IIHS report, the Highway Loss Data Institute (HLDI) examined 17 different hybrid vehicles as well as their nonhybrid counterparts, model years 2002 - 2010 -- which were involved in traffic accidents from 2004 to 2010, amounting to more than 25,000 personal injury claims. Their findings that hybrids are 20% more likely to be involved in pedestrian traffic crashes is in line with 2009 and 2011 National Highway Traffic Safety Administration (NHTSA) studies, which concluded that "hybrids have a higher rate of pedestrian and bicyclist crashes than nonhybrids."

As Baltimore car accident injury attorneys, we've worked with families who've been devastated by pedestrian and auto crashes. Someone walking on foot or on a bicycle is obviously at a huge disadvantage when they find themselves on the same path as a motor vehicle. These types of pedestrian and bicycle accidents with motor vehicles can cause serious, debilitating injuries, including brain and spine injuries.

Maryland hybrid owners would be well advised to take it slow in Baltimore or anywhere that pedestrians are in and out of the roadways. They may simply not know your vehicle is driving close by. At the same time, pedestrians should pay attention to what's around them. No text message or iPod tune is more important than your life.

Sources:

Hybrids Chalk Up More Injury Claims for Pedestrians
IIHS Status Report, Vol. 46, No. 10, Nov. 17, 2011
Insurance Institute for Highway Safety news release

Pedestrian-Related Bodily Injury Liability Claim Frequencies, Hybrids versus their Conventional Counterparts (PDF)
Highway Loss Data Institute Bulletin, Sept. 2011

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

Wed, 18 Jan 2012 13:21:51 -0500

Though Baltimore County commuters might beg to differ, Maryland has recently been ranked as one of the safer states in the country for motorists. (See related Maryland Injury Attorney articles below.) Now a new study released by a national highway traffic safety advocacy group ranks Maryland among states given a "green light" for basic traffic laws on the books.

However many aspects of Maryland traffic laws and regulations could use improvement, as the study authors -- and experienced Baltimore County car accident injury lawyers -- would agree. Let's take a brief look at the study findings and recommendations.

Maryland's basic traffic laws were given "green light" passing grades by the Advocates for Highway and Auto Safety. The group is comprised of consumer, insurance, health, safety, and law enforcement representatives and conducts a national survey of traffic laws by state every year. Its report titled 2012 Roadmap to State Highway Safety Laws looks at 15 basic traffic laws covering a range of safety areas, including use of motorcycle helmets and seat belts, texting while driving, Graduated Driver Licensing (GDL) programs, child safety seats, and ignition interlock devices for convicted drunk drivers.

States given a "green light" grade, including Maryland and our neighbors in Delaware and Washington, D.C., have 10 to 15 basic traffic laws on their books, including a primary seat belt law, OR 9 laws including primary seat belt enforcement AND an all-rider motorcycle helmet law. Other states with fewer traffic safety laws were given a "yellow light" grade ("caution"), such as Pennsylvania to our north. Those states given a "red light" ("danger") grade are "falling behind" in national traffic safety and law enforcement trends (sorry, Virginia).

While the coalition commends Md. for our traffic safety laws, it nonetheless identified several areas that could use improvement to prevent serious and fatal traffic accidents. These include…

Adoption of an Ignition Interlock Law to stop Maryland drunk drivers from operating their motor vehicles under the influence.

Several provisions to strengthen a Graduated Drivers Licensing program (known in Maryland as our Rookie Driver / Graduated Licensing System). These include beefing up restrictions on cell phone use while driving, passengers, and night time driving; as well as setting a minimum age of 16 years for gaining a Learner's Permit. Young, inexperienced drivers are at higher risk for being involved in serious and fatal auto accidents in Maryland, putting themselves, their passengers and pedestrians at risk.

None of the states surveyed by the Advocates for Highway Safety achieved a perfect score for all the basic traffic laws they recommend be on every state's books. As long-time Maryland traffic accident injury attorneys, we'll be interested see if Maryland adds teeth to any of our traffic laws (or adopts any new ones) in 2012. Related reading below.

Related Maryland Injury Attorney articles:

Maryland Car Accident Death Rates Down, But Many Traffic Safety Challenges Remain (Jan. 2, 2012)

Should Maryland Laws Banning Cell Phone Use While Driving Get Even Tougher? (Dec. 21, 2011)

The Number-One Killer of Kids and Young Adults in Maryland (Sept. 23, 2012)

Sources:

Highway Safety Laws Needed in Maryland
Saferoads.org

2012 Roadmap to State Highway Safety : Press Kit (PDF)
Advocates for Highway and Auto Safety Jan. 11, 2012

Related Web Resources:

Maryland Department of Transportation, State Highway Administration:
Maryland Traffic Safety Laws

Maryland Motor Vehicle Administration:
Maryland Driver's Manual (PDF)

Maryland Work Injury and Death Statistics Shed Light on Most Hazardous Occupations

Tue, 10 Jan 2012 11:52:10 -0500

Which are the most dangerous occupations in Maryland? What types of fatal work-related accidents occur most frequently? As we look ahead to 2012, it's worth looking to the recent past to consider Maryland workplace safety, accidents that happen on the job, and trends.

The answers may be found in the most recent Maryland Occupational Safety and Health (MOSH) survey results, which are available to the public (see link below). Some highlights from the 2008 Maryland Census of Fatal Occupational Injuries…

> Nonfatal work related injuries and illnesses in Maryland declined in 2008, numbering at 75,000. Maryland is statistically one of the safer states in which to work in the U.S., with a "TRC" (total recordable case) incidence rate that's 12 percent below the national average. (Md.'s TRC rate was, for 2008, 3.7 injuries and illnesses per 100 equivalent full-time workers.)

That's the encouraging news.

However, as an experienced Hunt Valley, Maryland Work Accident Injury Attorney will attest, even one injury or death on the job is one too many. Where and how are workers statistically more likely to get hurt or killed in the course of their employment in Md.? According to the MOSH report…

> 60 work related deaths occurred in Maryland in 2008. Of those, four types of events claimed the most lives:

Falls to a lower level (such as falling from a ladder, roof, scaffolding, or other construction accident)

Workplace homicides

Contact with electric current (electrocution)

Highway incidents (which includes operating a motor vehicle as part of one's employment. That can include salespeople who travel by car to pay sales calls to clients, as well as long-distance commercial truckers hauling cargo across Md. highways)

Other types of fatal Maryland work accidents included…

Being caught in or compressed by equipment or objects

Pedestrian incidents (such as a pedestrian accident where a worker on a job site is struck by a vehicle or other traffic accident)

Aircraft incidents

> The Maryland construction industry sector recorded the most work fatalities, followed by the goods producing industry and the service industry.

A work related accident can involve both a Maryland Workers' Compensation claim as well as legal proceedings. This is why it's critical to contact an experienced work injury attorney as soon as possible. Please see our other resource links below for more information on Maryland work related accidents, Md. Workers Comp claims, and lawsuits in the State of Maryland.

Source:

Nonfatal Workplace Injuries and Illnesses in Maryland Decline in 2008, Research and Statistics
Maryland Department of Labor, Licensing, and Regulation; Division of Labor and Industry; Maryland Occupational Safety and Health (MOSH)

Related Maryland Injury Attorney Articles:

Maryland Car Accidents While at Work : How MD Workers' Compensation Works with a Motor Vehicle Accident Liability Claim

Maryland Workers Compensation: The Top 3 Reasons Employers Tell Injured Workers Not to File (And Why You Shouldn't Listen to Them) (July 2009)

Maryland Workers' Compensation Cost of Living Rate Adjustments for 2012 (Dec. 2011)

Maryland Work Injury Update: BLS Issues Revised Fatal Occupational Injuries Report -- Work Related Deaths on the Decline (June 2012)

Maryland Car Accident Death Rates Down, But Many Traffic Safety Challenges Remain

Sun, 01 Jan 2012 10:11:42 -0500

As a new year begins, it's worth noting some traffic accident statistics and trends for the state of Maryland. There's some encouraging news, but many Md. traffic safety and driving challenges remain.

A recent story reported by CBS Baltimore noted that Maryland traffic accident fatalities decreased by 10 percent last year. The report pointed to statistics for 2010 released by the National Highway Traffic Safety Administration (NHTSA). According to NHTSA's findings, 493 motor vehicle crash deaths occurred in Maryland in 2010, compared with 549 in 2009.

A source from the Mid-Atlantic AAA reported that the decrease in Maryland car crash deaths can be credited to a number of factors. These include advances in automotive safety equipment such as air bags and anti-rollover technology, better road signage, as well as public safety campaigns targeting unsafe driving behaviors, including drunk driving in Maryland.

While this news is encouraging, experienced Hunt Valley accident and injury attorneys know -- even one traffic death on Maryland roads is one too many. While the old adage "Accidents can happen" may be true in some auto crash cases, so many traffic crashes are preventable. Let's take a look at a few of the major traffic safety challenges in Maryland.

Maryland Drunk Driving Accidents: Alcohol impaired driving remains a serious public safety concern, in Maryland and around the country. Drunk driving accident fatality rates go up around the holidays. NHTSA reports that 40 percent of US traffic crash deaths on major holidays involve alcohol-impaired driving, including those that occur on New Year's, Memorial Day, and Fourth of July. (Source: U.S. Dept. of Transportation, National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System, General Estimates System, 2009 DATA SUMMARY, Sept. 2011)

Distracted Driving in Maryland: Though Maryland cell phone use while driving laws are some of the toughest in the country -- distracted driving, particularly texting while driving, remains a very dangerous practice. At present, Maryland law enforcement may only ticket drivers for texting if they're pulled over for some other primary offense.

Teen Drivers in Maryland: Young novice drivers are among the most dangerous on Maryland roads and highways. Teenage drivers lack the years of driving experience and maturity of adult drivers -- putting themselves, their passengers and other motorists at increased risk on Md. city streets, back roads and highways. The combination of teens, alcohol, and multiple passengers in a motor vehicle can be deadly.

Maryland Auto Crashes with Farm Equipment: Maryland's many miles of winding back roads can pose a challenge to urban and suburban drivers -- particularly those who aren't prepared to meet a tractor, combine or other agricultural vehicle, or livestock in the roadway. Car crashes with these farm vehicles and large animals can be disastrous.

Maryland Road and Highway Congestion: Maryland motorists, your driving frustrations are real. Road congestion in and around Baltimore County remains some of the most frustrating in the nation. A CBS Baltimore report named I-70 in Frederick, Md. the eleventh most congested roadway in the nation. Road construction, which will eventually improve Maryland highway driving, nonetheless poses driving accident hazards for motorists, road construction workers, and police working details in road construction zones. Parts of the Baltimore Beltway / I-695 were ranked 92nd most congested in the nation.

We've a long ways to go to make zero fatalities a reality on our nation's and our Maryland roadways. Have a safe and happy New Year.

Sources:

Md. Traffic Deaths Down 10 Percent
CBS Baltimore Dec. 8, 2011

New Road Congestion Study Names I-70 Nation’s 11th Worst
CBS Baltimore Nov. 15, 2011

Should Maryland Laws Banning Cell Phone Use While Driving Get Even Tougher?

Wed, 21 Dec 2011 07:00:00 -0500

Last week, the National Transportation Safety Board (NTSB) made a bold recommendation -- one that urges states to take another look at their driving laws and has the driving public talking about individual rights versus public safety.

In the wake of several fatal distracted driving traffic accidents, the NTSB proposed an all-out, nationwide ban on talking and texting on cell phones while driving. That would mean no talking on either hand-held or hands-free cell phones and no texting, for any drivers of any age, except in the case of an emergency.

The NTSB recommendation came following examination of a 2010 case in Missouri, where a young man who had reportedly been texting for several minutes crashed his pickup truck into a commercial truck that had slowed down for road construction -- setting in motion a chain reaction crash that involved two school buses. The pickup truck driver and a teenage passenger on one of the buses were killed, and close to 40 people were injured, some seriously.

Traffic safety advocates remind consumers that until recently, cell phones weren't even invented. However consumers today expect all the comforts and conveniences of home and office to travel with them when they get behind the wheel. Today's cars, trucks, and SUVs can come outfitted with GPS devices, in-car computers, DVD and MP3 players, satellite radios, and a host of other high-tech gadgetry. This makes your father's distracted driving -- eating a sandwich or fiddling with the radio -- seem rather primitive by comparison.

The NTSB asserts that cell phones and other hand-held devices have become a serious and deadly driving distraction, added on top of other risky distracted driving behaviors. As experienced Baltimore County, Maryland car accident injury attorneys, we'd agree with that statement. Driving on Maryland highways, city streets, and back roads is challenging enough without cell phones and texting in the mix.

Maryland Bans on Cell Phone Use and Texting While Driving
Maryland actually has some of the more restrictive laws in the country when it comes to cell phone usage and driving. Texting is outright banned for all drivers in Maryland, as is the use of hand-held cell phones. All cell phones are banned for novice drivers (under 18). However the all-cellphone ban does not, at this time, extend to school bus drivers in Md.

The Baltimore Sun reports that the Maryland "…General Assembly expanded its ban on texting to include reading them and not just writing them." However at this time, cell phone infractions are regarded in Maryland as secondary offenses -- that is, police cannot stop and ticket drivers for using cell phones as the primary offense. They can only do so if stopping motorists for some other primary offense. Time will tell if Maryland driving laws regarding cell phone use will become even stricter.

The National Highway Traffic Safety Administration (NHTSA) estimates some 4,000 traffic deaths occurred in the U.S. last year due to some form of distracted driving, including cell phone use and texting. Individual states must now decide how much weight to put on the NTSB's recommendation.

Related Maryland Injury Attorney article:

Baltimore County Democrat Pushing Maryland Bill to Toughen Distracted Driving Law (Feb. 2011)

Sources:

The NTSB's call for action
The Baltimore Sun Dec. 14, 2011

NTSB urges nationwide ban on cell phone use while driving
The Washington Post Dec. 13, 2011

Related Web Resources:

Governors Highway Safety Administration Dec. 2011:
Cell Phone Laws by State
Maryland Highway Safety Laws

NTSB: Highway Accident Report : Collision Involving Two School Buses

Maryland Workers' Compensation Cost of Living Rate Adjustments for 2012

Mon, 05 Dec 2011 15:33:32 -0500

What would happen to you and your family if you were hurt on the job and temporarily or permanently disabled? For construction workers, electricians, machinists, farmers, truck drivers, and others in high-risk occupations, surviving a Maryland work accident can be just the start of an uphill battle. Keeping up with day-to-day medical and living expenses, while recovering from a work-related accident, can be an enormous struggle for injured Md. workers and their families.

Harford County, Md. work comp injury lawyers know families may struggle just to get by in the wake of a work related accident. This is why we work hard to relieve injured Maryland workers and their families of the burden of dealing with their Maryland Workers' Compensation claims and well as related legal claims and lawsuits.

How much money can a Maryland injured worker expect to receive when filing a Workers' Comp claim on their own? The Maryland Workers' Compensation Commission posted its Workers' Compensation Cost of Living Adjustments (COLA) for the New Year. Let's take a look at a few numbers and consider what that could mean for injured Md. workers and their families.

In 2011, the cost of living adjustment for people with permanent total disability went down (by -.04 percent), after decades of yearly increases. That speaks to state of the economy AND the challenges for injured Maryland workers to receive ample compensation to get by. However…

The cost of living rate for people with total permanent disability will increase by 1.6 percent for 2012.

The Average Weekly Wage of workers covered by Maryland Unemployment for the fiscal year ending June 30, 2010 is $965.

However, an injured worker should not expect to necessarily receive compensation equal to 100 percent of their salary earned prior to the Maryland work accident. Here's where things can get very complicated, very quickly.

For example, for Temporary Total Disability and Partial Total Disability, the State of Maryland may award an injured worker, "Two-thirds of the employee’s Average Weekly Wage not to exceed 100% of the State Average Weekly Wage or $965.00." Rates for Permanent Partial Disability and Temporary Partial Disability are set at varying percentages, and compensation may be awarded for a certain number of weeks (e.g., less than, equal to, or greater than 75 weeks). Death Benefits are calculated with a separate formula considering the deceased employee's income, state average wage, and family dependents.

Peruse the Maryland Workers' Compensation documents referenced below, and you'll get an idea of how quickly things can become complicated for an injured worker in Md. When less money is coming in and medical bills start piling up, injured workers and their families can suffer financial hardship. This is why we strongly urge anyone hurt on the job in Maryland to contact an experienced Maryland Work Comp injury lawyer. We know the players -- including the Md. Workers' Compensation Commission, the insurance companies, and our colleagues in court -- and we know how to pursue the maximum benefits allowable by law for our clients.

Related Maryland Injury Attorney article:

How MD Workers' Compensation Works with a Motor Vehicle Accident Liability Claim

Sources:

Maryland Workers' Compensation Rates

Informational Notice: Annual Cost of Living Adjustment (COLA):
State of Maryland Workers' Compensation Cost of Living Adjustment Rates (PDF)

MARYLAND WORKERS' COMPENSATION COMMISSION:
MAXIMUM RATE OF BENEFITS FOR CALENDAR YEAR 2012 (PDF)

Feds Shut Down Maryland Trucking Company Due to Work and Driving Safety Hazards

Wed, 30 Nov 2011 17:06:12 -0500

How many large commercial trucks passed you on your way to or from work today? When a tractor trailer rumbles past you on the Baltimore Beltway or other Maryland highway, you probably don't think much about the driver's condition or the vehicle's maintenance record. You just assume the driver has had enough sleep and the truck itself is in good working order.

However the Federal Motor Carrier Safety Administration (FMCSA) does think about and regulate such highway driving safety issues.

The ability of big rig drivers to safely pilot large cargo-hauling trucks for long hours -- and the sound mechanical repair and maintenance of the trucks themselves -- directly impact the safety of both commercial truck drivers and the motorists who share the roads with them. This month, a Maryland trucking firm was ordered to cease operations immediately due to potential safety hazards.

The FMCSA issued a press release on Nov. 16, 2011, citing "Maryland-based Gunthers Transport, LLC an imminent hazard to public safety." The agency ordered the trucking company to immediately cease all transportation services, issuing an "imminent hazard out-of-service order against Gunthers following an exhaustive review of the company’s operations, which found multiple hours-of-service and vehicle maintenance violations."

As an experienced Baltimore County truck accident lawyer knows from work with clients in Maryland -- a commercial truck accident can be disastrous. The sheer size of these highway giants puts other motorists at a serious disadvantage when a commercial truck traffic accident with passenger cars occurs.

The FMCSA order to the Maryland trucking company prohibits them from operating within or outside the state of Md. The agency investigation cited the company for violations in several safety categories, including Unsafe Driving, Fatigued Driving, Driver Fitness, and Vehicle Maintenance.

Maryland work injury attorneys are familiar with Md. Workers Comp cases where drivers of commercial vehicles are injured during the course of their jobs. The U.S. Department of Transportation regulates how many hours commercial truck drivers may work before they are required to log out and take a break. This is not only for their own safety but for those of the driving public who share the highways, city streets and back roads with them.

The Baltimore Sun reported that federal transportation authorities only occasionally issue orders for a company to cease operation due to safety infractions. In addition, the Sun reported that the Maryland trucking company in question had been under investigation by the Federal authorities for two years. The Sun cites a case in 1995 where the truck company president had been fined $170K and ordered to 30 mos. in prison due to falsifying records.

Related Maryland Injury Attorney articles:

Maryland Car Accidents While at Work : How MD Workers' Compensation Works with a Motor Vehicle Accident Liability Claim

Truckers Reality Show Reveals Hazards of Big Rig Hauling -- On Any Road

Sources:

Maryland Trucking Company Declared "Imminent Hazard to the Public," Ordered to Immediately Cease Operations
FMCSA Press Release Nov. 16, 2011

Md. trucking firm called 'imminent hazard,' ordered off roads
The Baltimore Sun Nov. 16, 2011

Maryland trucking firm called ‘imminent hazard,’ shut down
Fleet Owner Nov. 22, 2011

As Maryland Thanksgiving Traffic Increases, So Do Risks of Drunk Driving Accidents

Tue, 22 Nov 2011 08:08:14 -0500

When it comes to tragic stories about injury and death on Maryland roads and highways, an experienced Hunt Valley, Md. personal injury lawyer has heard plenty. Our job is to help grieving clients through the legal process when a loved one has been injured or killed in a traffic crash, and another party is held liable. The stories we hear are heartbreaking, especially when traffic accidents could have been prevented. Drunk driving crashes fall in this category. A moment of poor judgment can lead to a life of heartache and regret -- on all sides.

While the holidays are a joyous time, each one brings the risk of celebrants drinking too much and getting behind the wheel. With Thanksgiving being the most heavily travelled time of year, the risk of being in a serious Maryland car accident -- whether caused by someone driving under the influence of alcohol, distracted driving, speeding, or other risk factors -- increases. In fact, the volume of cars and trucks on MD roadways is expected to increase this Thanksgiving week.

AAA predicts a 3.5 percent increase in overall 2011 Thanksgiving travel (including auto travel, air travel, and travel by rail), The Baltimore Sun reports.

For Maryland, AAA projects that 871,000 residents will travel 50 miles or more between Wednesday and Sunday to get where they need to go for Thanksgiving. Of that number, a whopping 799,000 are expected to travel by automobile. That's a whole lot of Marylanders traversing the state via highways, city streets, secondary roads, and rural Maryland back roads -- many tired and in a rush. Throw alcohol in the mix and you can understand why the Thanksgiving holiday comes with additional road travel risks.

Car accident injury attorneys are naturally concerned about Maryland drunk driving (DUI) crashes over the Thanksgiving holiday week. Many people enjoy celebrating the holiday feast with some beer, wine, or cocktails. It's football season, and for many Baltimore Ravens and Md. college football fans, beer and games go together like chips and dip. The problem arises when people consume alcohol and then think they're fine to get in their cars and drive home or someplace else.

Maryland Drunk Driving Statistics
Roughly one in three traffic accident deaths in Maryland involves alcohol-impaired driving. While overall car crash fatalities in Maryland have statistically been on the decline -- 547 deaths in 2009 compared to 591 deaths in 2008 -- the percentage of deadly crashes involving drunken driving has risen -- from 25 percent (145 deaths) in 2008 to 30 percent (162 deaths) in 2009. (Source: NHTSA Traffic Safety Facts Maryland 2005 - 2009)

So be safe out there this Thanksgiving season. Maryland State Police will be out in force looking to stop motorists driving under the influence of alcohol, before they ruin their own -- or some other innocent family's -- holiday.

Related Maryland Injury Attorney articles:

Prevent Drunk Driving Accidents in Baltimore, Maryland This Labor Day Weekend (Aug. 22, 2011)

Lessons Learned Abroad: Why Auto Accident Death Rates Are Lower in Europe Than in the U.S. (Sept. 15, 2011)

Source:

AAA projects 3.5 percent holiday travel rise
The Baltimore Sun Nov. 18, 2011

Related Web Resources:

The Baltimore Sun: Commuting and Traffic Resources

AAA Foundation for Traffic Safety

Working Overtime : Drowsy Driving a Serious Risk for Truckers and Other Maryland Motorists

Mon, 07 Nov 2011 11:55:50 -0500

Have you ever driven home from a long day at work or an evening engagement, yawning as the miles clicked by? Maybe you grabbed a cup of coffee to stay alert, or opened the car window to breathe some cold fresh air. Most Maryland drivers, if they're being honest, would admit to occasionally driving tired…when they'd prefer to be at home in bed, rather than navigating Baltimore County, Md. roadways.

This week is Drowsy Driving Prevention Week. The AAA Foundation released a report that sheds new light on the problem of drowsy driving and risk of car accidents.

While nearly all Americans consider drowsy driving to be a serious safety hazard for themselves and other motorists (96% in the AAA study) -- one in three admits to driving drowsy recently. Those who admitted to driving fatigued weren't just talking about feeling a little bit tired: They said they had trouble keeping their eyes open on the road. In fact, the organization's research found that two out of every five drivers (41%) admit to having fallen asleep at the wheel, with one in ten revealing this had happened in the past year.

It's tough enough navigating Maryland's back roads, Baltimore city streets, and area bridges and highways without wondering if the driver in the next lane is awake.

The AAA and other driving safety advocates compare the symptoms of drowsy driving to those of drunk driving in terms of risk for serious and fatal auto accidents. For example, drowsy drivers experience problems with vision, judgment, and reaction time. They may miss their exits or become lost and confused.

The problem of driving drowsy is a concern for all U.S. drivers -- particularly those who drive for work in jobs that require long hours on the road. This includes sales people, commuters who travel long distances to their office jobs, and some contractors. Commercial truckers are at particular risk, given their long hours spent hauling heavy cargo across the state of Maryland and the country.

Catastrophic truck accidents can and do happen when a tractor-trailer driver takes his or her attention off the road, even for a second. This is why the U.S. Dept. of Transportation regulates how many hours truckers may drive before they are required by law to take a break. The Hours-of-Service regulations put limits in place for when and how long commercial motor vehicle drivers may drive.

AAA hopes to raise public awareness about the hazards of drowsy driving for all motorists. Their study found that one of every six fatal automotive crashes and one in eight crashes causing serious injury involved a drowsy driver. As Hunt Valley, Md. accident injury attorneys, we're well aware of the risks of driving in our state. Staying alert is the first rule of defensive driving.

AAA and the National Sleep Foundation recommend being aware of the warning signs that you're just too tired to safely drive…and planning ahead so that you're not getting behind the wheel when you should be getting under the covers. See links below for further discussion and suggestions.

Related Maryland Injury Attorney article:

More States Follow Maryland Ban on Texting While Driving

Sources:

AAA Study: 1 in 3 Drivers Admit to Recent Drowsy Driving
TheTrucker.com Nov. 7, 2011

How to Avoid Drowsy Driving (PDF brochure)
AAA Foundation for Traffic Safety

Related Web Resources:

U.S. Department of Transportation, Federal Motor Carrier Safety Administration:
Hours of Service Regulations

National Sleep Foundation