Car Accidents

Rate of Washington D.C. Accidents Involving Older Adult Drivers

February 22, 2022 | Lebowitz & Mzhen

The Centers for Disease Control and Prevention (CDC) revealed in their last reporting year there were more than 45 million drivers over the age of 65. Washington D.C car accidents are a significant health concern as they account for several deaths and hundreds of injuries every year. While driving is a rite of passage for younger adults and a source of independence for older adults, these two populations are at an increased risk for accidents.

Many health and safety agencies have conducted research to assess how driver characteristics impact the likelihood of an accident. Historically, studies showed that younger and older drivers have a higher risk of fatal and non-fatal accidents than other age groups. Additionally, some studies suggest that drivers between 70-74 years old exhibit less crash risk than drivers between the ages of 75 and 79. However, the highest risk tends to be to drivers aged 80 and older. In addition to age, research studies found that generally, female drivers are considered safer motorists compared to men. However, although women tend to have fewer fatal crashes, their risk of injury crashes may be higher than males.

A recent Washington Post article regarding the death of an 82-year-old driver illustrates the aforementioned statistic. According to reports, the man was driving north when his car slammed into a Jeep driver who veered into oncoming traffic. The 82-year-old man then slammed into another vehicle. Tragically the emergency responders pronounced the man dead at the scene and transported the other three drivers to a local hospital.

Why Criminal Charges Do Not Guarantee Compensation Following a Washington, D.C. Car Accident

February 15, 2022 | Lebowitz & Mzhen

When you are the victim of a Washington, D.C. car accident, it may be difficult to navigate the legal fallout following the incident. For many people who are unfamiliar with the legal system, they may wrongly assume that if the at-fault party who caused their injuries is criminally charged, they will automatically receive compensation as the victim also. This is not the case.

According to a recent news report, a Washington Commanders player is now facing involuntary manslaughter charges following a fatal car accident. Local authorities reported that the player was driving more than 90 miles per hour in an area where the speed limit was 45 miles per hour when his car swerved off the road and flipped. The passenger in the car was a 29-year-old woman, who died following the accident.

In Maryland, like other states, personal injury claims are considered to be a civil issue, rather than a criminal one. Thus, just because the at-fault party may have been charged criminally, does not mean that you will automatically receive compensation. To receive compensation, potential plaintiffs will have to consider filing a personal injury lawsuit that is separate from the state’s criminal charges against the at-fault party.

Liability for Fatal High-Speed Police Chases in Maryland

January 31, 2022 | Lebowitz & Mzhen

High-speed chases are a controversial issue that involves complex public policy and safety issues. While there may be a need for a high-speed police chase, these events can lead to severe injuries and death for Maryland motorists. The balance between apprehending those accused of a crime and the potential risk to the public is a challenging task; however, ultimately, public safety is paramount. Various studies have examined the impact of these cases, finding that high-speed police pursuit nearly 300 people each year. Of these fatalities, about two-thirds were traveling in the fleeing vehicle, while an overwhelming 30% were not involved in the chase. As such, many fatalities involve innocent Maryland motorists, passengers, and pedestrians.

Recently, Maryland news reports described fatalities stemming from a fatal-single vehicle crash occurring during a police pursuit. A motorist fled after police attempted to stop him for a traffic stop. While under pursuit, the driver lost control of their vehicle and crashed. Emergency responders transported one of the vehicle’s passengers to the hospital for non-life-threatening injuries; however, the second occupant suffered fatal injuries. State officials are continuing to investigate the accident.

Maryland maintains various rules that regulate the responsibility of local and state governmental entities. Under Maryland law § 19-103, police officers are not liable for injuries that stem from a police pursuit or any emergency. However, the immunity does not cover situations where the police officer was grossly negligent. Gross negligence refers to an “intentional failure” to perform a duty in the “reckless disregard” of the consequences of their actions. In other words, gross negligence occurs when an individual acts with wanton and willful disregard for the care and safety of others.

Hundreds of Drivers Stuck Overnight on Interstate Near D.C.

January 10, 2022 | Lebowitz & Mzhen

Ice and snow swept across the east coast and mid-Atlantic earlier this week, and Washington, D.C. was no exception. Although officials were initially expecting only a few inches of snow, the snowstorm brought in more than a foot instead. Blanketing everything outside in a layer of white, the snow may have been pretty to look at and play in initially—but posed some significant safety and visibility concerns for drivers.

According to a recent news report, the recent snowstorm in Washington, D.C. left hundreds of vehicles stuck overnight on I-95 south of Washington. I-95—a 40-mile stretch of highway—is one of the busiest travel corridors in the United States. The highway came to standstill overnight after a snowstorm swept through and led to hundreds of accidents.

While some people abandoned their vehicles, others spent the night on the highway instead. Over the course of 24 hours, state troopers moved from vehicle to vehicle, providing supplies. Tow trucks also helped by dragging disabled vehicles out of the snow. Among the drivers who stayed, many were trapped without any food and water and only in the clothes they had in the car. Others chose to abandon their vehicles, walking about a quarter-mile from the highway to nearby businesses for relief. Authorities responded to more than 1,000 crashes and 1,000 disabled or trapped vehicles.

Vision Zero Aims to Reduce Washington, D.C. Traffic Fatalities

October 31, 2021 | Lebowitz & Mzhen

Vision Zero is an initiative that aims to reduce Washington DC traffic fatalities to zero by 2024. The initiative is a part of the US Department of Transportation’s Mayor’s Challenge for Safer People and Safer Streets. The program is in response to the harrowing number of Washington DC traffic injuries and deaths. Vision Zero’s comprehensive plan includes:

Improving pedestrian and bicycling safety by promoting practical actions;
Encouraging local leaders to take safety actions;

Wrongful Death and Personal Injury Claims After Washington, D.C Accident with a Police Vehicle

September 30, 2021 | Lebowitz & Mzhen

High-speed chases are an unfortunate yet common part of law enforcement duties in the United States. While these pursuits may be necessary, they also involve a significant amount of risk to anyone in the vicinity of the pursuit, such as the fleeing suspect, their passengers, pedestrians, bystanders, and other motorists. Although the essential purpose of a high-speed pursuit is to apprehend a fleeing suspect, officers should evaluate whether they can accomplish this apprehension by safer alternatives. The heavy flow of traffic and the number of bikers and pedestrians make high-speed police pursuits in Washington D.C. a dangerous prospect.

For instance, federal prosecutors in Washington D.C. recently charged an officer with various criminal charges following the death of a 20-year-old moped driver. According to one news source, police were pursuing the man because he rode his moped on a sidewalk without a helmet. The chase ensued into an alley, and when the man was exiting the narrow road, he slammed into another vehicle. Under Washington D.C. police regulations, officers cannot engage in a high-speed pursuit over minor traffic violations. The officers involved in the accident pleaded not guilty.

While the above report focuses on the criminal charges, these situations often elicit civil personal injury and wrongful death claims against law enforcement agencies. Unlike other types of accidents, those involve police cars typically involve complex governmental immunity laws. The Metropolitan Police Department police pursuit laws maintain that officers engaged in a pursuit must consider protecting human life and property. These officers must continually assess the conditions of the pursuit to determine whether to continue to stop the vehicle chase.

Dangerous Roadway Accidents in Washington D.C.

September 23, 2021 | Lebowitz & Mzhen

Washington D.C has a robust public transportation system and a growing cohort of cyclists; however, driving is still the most popular mode of transportation throughout the city. Thousands of people commute into Washington D.C. for work, business, and leisure. The growing number of cars, especially as schools and offices require in-person attendance, results in congested roadways. As such, Washingtonians and visitors are at risk of being involved in a car accident.

According to some reports, motorists driving in Washington D.C. are twice as likely to be involved in an accident compared to the national rate. While an accident can occur at any location, some Washington D.C. roadways and intersections are the sites of many accidents. These roadways and intersections include New York Ave. and Florida Avenue NE, 14th Street and U Street, NW, Pennsylvania Ave. and 12th Street, NW, 18th Street and Columbia Road, NW, and Pennsylvania Ave Anacostia Freeway SE.

These accidents can have devastating consequences on motorists, passengers, bystanders, pedestrians, and cyclists. For instance, Washington D.C. news sources recently described the tragic death of a 5-year-old girl. The report explained that the 5-year-old girl died while riding her bike near 14th and Irving Street, NE. Witnesses stated that the girl could not stop her bicycle and entered the intersection into the path of a Transit van crossing the area. The community gathered and is demanding changes to traffic safety in their area.

Recovering from a Washington, D.C. Wrongful Death Accident

September 16, 2021 | Lebowitz & Mzhen

As drivers, we all try to maximize safety when navigating the road. Sometimes, however, there are things we cannot control. Even the most proactive and careful of drivers may experience bad weather, poor road conditions, or reckless drivers—all of which can have devastating consequences.

When a car accident takes place because of the negligence of another person, however, and the accident results in physical injury, significant property damage, or even death, those who are responsible can be held accountable for their negligent behavior.

According to a recent news report, three people were killed after a deadly head-on car accident. Police on the scene reported that a Chevrolet was going more than 100 miles per hour when it plowed into another vehicle heading in the opposite direction. The Chevrolet was speeding east in westbound lanes when it crashed head-on into a Toyota. Both drivers were pronounced dead at the scene, along with an additional passenger of the Chevrolet. Debris from the car accident also disabled a third vehicle, but the driver and its passenger did not need to be transported to the hospital for treatment. The investigation remains ongoing.

Recovering from a Washington, D.C. Chain Reaction Car Accident

September 9, 2021 | Lebowitz & Mzhen

Chain reaction car accidents, which usually involve multiple parties, can often result in a long trail of collisions and murky chains of liability. Because these collisions often involve apportioning different amounts of fault to various parties involved, it is crucial that D.C. drivers are aware of preventive and legal steps they can take to best protect themselves in the event that they are involved in a multiple-vehicle crash.

According to a recent local news report, a major chain reaction collision between a car and a school bus resulted in five subsequent crashes. Montgomery County police’s investigation revealed that the driver of a Mitsubishi struck another vehicle and fled the scene. The Mitsubishi then subsequently rear-ended a Metro bus and fled the scene again before crashing into a school bus. The drivers of both buses were transported to a local hospital with non-life-threatening injuries, while the driver of the Mitsubishi was transported to a separate hospital and in critical condition.

How Do You Prove Fault in a Multi-Vehicle Accident?

When it comes to establishing fault in a chain reaction accident, the driver who causes the initial collision is typically who is considered responsible. Although circumstances of different accidents may mean that different crash scenarios yield different or multiple at-fault parties, the general rule of thumb is that the driver who instigates the initial crash is also responsible for the multiple collisions that take place after. Sometimes, however, various parties involved in a crash may be deemed at fault. Other times, when it is clear that one individual caused multiple accidents, one party can be held responsible for all of the crashes that take place after the first one.

Autopilot Function Can Pose a Deadly Threat to Washington D.C. Drivers

August 31, 2021 | Lebowitz & Mzhen

In conjunction with safety advocates, national news reports have continually reported the dangers associated with vehicles operating on Autopilot. However, the Washington D.C. Center for Auto Safety has amped up its efforts to address the concerning number of accidents involving self-driving vehicles. These accidents are occurring throughout the country and have been a cause of concern for Washington, D.C. drivers.

Recently, the New York Times highlighted a Tesla autopilot crash that took the life of a 22-year-old college student. In that case, a Florida finance executive was operating his Tesla on “Autopilot” mode when he bent down to look for his cell phone. Tesla claims that the Autopilot system can steer, brake, and accelerate a car using advanced sensors and other technology. On the night of the accident, the 22-year-old was on a date with a man driving his mother’s SUV. The driver pulled over on the shoulder, and as the woman was exiting the vehicle, the Tesla slammed into the SUV. It is unclear whether the vehicle increased its speed or if the driver raised the speed. However, evidence suggests that the Tesla driver slammed on the brakes about a second before the collision. The woman’s estate filed a lawsuit against Tesla, claiming that their vehicles are “unsafe and defective.” The estate settled the claim for an undisclosed amount with the Tesla driver.

Similar to other accidents involving Tesla’s Autopilot function, it does not appear that the system did much to ensure that the driver was paying attention to his surroundings. While Tesla reports that the company has recently implemented an in-car camera system to detect and monitor drivers, it is unclear how effective the technology is while the vehicle is dark. In contrast, other companies use different technology to monitor drivers. With those systems, drivers who look away for more than two seconds will receive a warning that alerts them to look ahead. If a driver does not comply, the self-driving technology will shut off and alert the driver to take control of the vehicle.