Pedestrian Accident

$30 Million Washington DC Bus Crash Lawsuit Filed Against Metro by Injured Congressional Staffer

January 11, 2010 | Lebowitz & Mzhen

Amanda Mahnke, Representative Rick Larsen’s communications director who was seriously injured when an empty bus struck her on September 3, is suing Metro for Washington DC personal injury. She is seeking $30 million in damages.

According to Mahnke’s DC bus accident lawsuit, she sustained permanent injuries, including a traumatic brain injury, a broken clavicle, a fractured skull, fractured ribs, a collapsed long, an epidural hematoma, a pelvis fracture, and other personal injuries when she was struck by the Metro bus while she crossing an intersection on Florida Avenue, NW. She is accusing Metro of negligence for allowing bus driver Carla A. Proctor to keep driving its buses even though she had been sued in the past for causing other collisions.

Proctor was involved in a multi-vehicle crash involving another bus and seven autos in March 2003 when she got out of the bus to examine a faulty door. According to lawsuits against Metro and Proctor, because she allegedly failed to set the brake the bus rolled down a hill. After Proctor struck a parked vehicle in December 2004, an elderly bus passenger filed a Washington DC bus crash lawsuit against Metro.

Two People Standing on Sidewalks Killed in Separate Washington DC Pedestrian Accidents

December 23, 2009 | Lebowitz & Mzhen

A young woman has died from injuries she sustained last night in a Washington DC pedestrian accident at a bus stop on Pennsylvania Avenue. An auto that drove onto the curb that she was standing on struck her.

Her death is the second Washington DC pedestrian fatality to occur on a sidewalk in less than 24 hours. Earlier yesterday, a man he was struck by a pickup truck on 12th Street and Rhode Island Avenue NE. The truck driver drove onto the sidewalk after hitting a car. Metro Police are investigating whether speed, weather, or other factors contributed to this tragic Washington DC traffic crash.

Although Transportation for America ranked Washington DC as number 32 behind 31 other US areas that are more dangerous for pedestrians—9 of the 34 traffic fatalities last year were Washington DC pedestrian deaths—pedestrian accidents continue to occur in this city filled with commuters, tourists, students, and families.

Drivers must watch out for pedestrians, who have no protection from the impact of getting struck by a tractor-trailer, a bus, a SUV, a car, a motorcycle, a 15-passenger van, a delivery truck, an 18-wheeler truck, or another kind of motor vehicle. The Insurance for Highway Safety reports that children younger than age 13, elderly adult pedestrians, and male pedestrians are the groups with the higher pedestrian death rate. However, regardless of age or demographic, striking a pedestrian with an auto can cause catastrophic injuries or death.

In addition to pedestrian carelessness and driver negligence, Transportation for America says poorly designed roads are also a common cause of pedestrian injuries or deaths. This is important to note, because there could be more than one party that can be held liable for a Washington DC pedestrian injury or death.

Pedestrian Hit, Killed in Northeast DC, MyFOXDC, December 22, 2009
Car hits, kills woman at D.C. bus stop; truck kills pedestrian, Washington Post, December 23, 2009
Pedestrians, IIHS
Dangerous By Design, Transportation for America
Related Web Resources:

District Department of Transportation

NHTSA

With 77.7 Million People Expected to Hit the Road for the Holidays, Our Washington DC Car Accident Attorneys Would Like to Remind Motorists to Drive Safely

December 19, 2009 | Lebowitz & Mzhen

According to AAA, about 87.7 million people in the US are expected to travel at least 50 miles away from home this holiday season—77.7 million travelers by motor vehicle. In Washington DC, approximately 2.5 million people are expected to leave town and most of them plan on doing so by car. That’s 4 out of 10 Washingtonians, says AAA.

With many roads and freeways undoubtedly more crowded than usual, our Washington DC car crash lawyers would like to remind motorists to drive safely so that you aren’t involved in an auto collision. Common bad driving behaviors that cause Washington DC motor vehicle accidents and can be cause for personal injury claims or wrongful death lawsuits include:

• Drunk driving

Elderly Man Dies from Injuries Sustained during Washington DC Pedestrian Accident on the Mall

November 17, 2009 | Lebowitz & Mzhen

A 76-year-old man has died from his injuries after he and his wife were struck by a motor vehicle on the Mall in Washington DC this Sunday. According to police, Richard Greenstein and his wife were in a marked crosswalk on Madison Drive NW at 12th street when a vehicle that was backing up struck the two of them.

Greenstein’s wife was treated for minor injuries before being released. Police are investigating the Washington DC pedestrian accident.

In another pedestrian accident, this one on the DC-Maryland border, a 54-year-old man died from injuries he sustained in Temple Hills when he was struck by two Secret Service autos on their way back from Andrews Air Force base. The vehicles are used by Vice President Joseph Biden, who was not in either auto when the pedestrian crash happened at around 3am EST.

Larry D. Moore was crossing the parkway at Naylor Road when he sustained “multiple critical injuries.” He was later pronounced dead. Police are investigating the deadly traffic crash.

According to the National Highway Traffic Safety Administration, of the 34 Washington DC traffic deaths that occurred in 2008, 9 of them were pedestrian fatalities. Nationally, 4,378 pedestrians were killed and 69,000 others were injured.

More NHTSA 2008 Pedestrian Facts:

• 72% of US pedestrian deaths took place in urban areas.

• 70% of the pedestrians that died were males.

Because they have nothing to protect them during the impact of colliding with a truck, bus, car, or motorcycle, pedestrians nearly always get the short end of the stick when involved in a Washington DC traffic accident. The injuries are often fatal or incredibly serious, requiring extensive medical procedures and rehabilitation care.

Man struck by car on Mall dies, Washington Post, November 17, 2009
Man killed in Secret Service crash identified, Gazette.net, November 12, 2009
Biden’s Secret Service motorcade involved in fatal accident, The Raw Story, November 11, 2009

Pedestrians, NHTSA (PDF)

Related Web Resources:

United States Secret Service

US Department of Transportation

Stay Alert and Awake: Drowsy Driving Prevention Week Reminds Motorists to Prevent Washington DC Car Accidents Caused by Sleepiness and Fatigue

November 3, 2009 | Lebowitz & Mzhen

According to the 2009 Sleep in America poll by the National Sleep Foundation, about 1.9 Million Drivers are involved in drowsy driving car crashes or near miss accidents each year. Unfortunately, many people underestimate the power sleepiness can have in causing Washington DC car accidents.

Per the poll, 105 million US drivers have driven while sleepy in the last year. 54 million drivers drive while drowsy at least once a month.

National Sleep Foundation chairman Thomas Balkin says that while motorists are good at recognizing when they are tired, this doesn’t stop them from getting behind the wheel of a motor vehicle and driving. Balkin says that people mistakenly think that they can will themselves to stay awake but they often don’t even realize that they are falling asleep. Balkin notes that just one moment of “reduced awareness” can cause a motor vehicle crash.

Drowsy driving slows reflexes, reduces alertness, and impairs one’s ability to think clearly and rapidly respond to an emergency situation. A person who is sleepy or very tired while driving might inadvertently lane change, let go of the steering wheel, fail to notice traffic signs, not see other vehicles or pedestrians, drive off the road, or drive into oncoming traffic.

Drowsy driving can be grounds for a Washington DC injury claim or wrongful death lawsuit if another person is injured as a result.

In an attempt to decrease the number of drowsy driving accidents, the National Sleep Foundation has declared November 2 – 8 Drowsy Driving Prevention Week.

Ways to Avoid Drowsy Driving:

• Get a good night’s driving.
• Take periodic brakes (every 2 hours or every 100 miles).
• Don’t drink alcohol or take medications that cause drowsiness before driving.
• If necessary, stop and take a nap.

• Take caffeine if necessary.

.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, October 29, 2009
Drowsy Driving: Reduce Your Risk of Falling Asleep Behind the Wheel, Associated Content, June 27, 2006
Related Web Resources:

National Sleep Foundation

NHTSA

Halloween Can Be Scary for Washington DC Pedestrians

October 28, 2009 | Lebowitz & Mzhen

Ghosts and goblins may not be the scariest part of Halloween for kids. According to the National Highway Traffic Safety Administration, Halloween is the second deadliest day of the year for pedestrians. Meantime, Safe Kids USA reports that kids are twice as likely to die in a child pedestrian accident on Halloween night than any other night.

The reason that the night of October 31 brings with it a greater risk of Washington DC pedestrian accidents is that there are more kids out on the streets and sidewalks than on other nights because they are trick or treating. Also, Consumer Reports is reminding readers that this year, Halloween is on a Saturday. This means there is no school or work the next day. The NTSB says that more pedestrian accidents happen on Saturdays than on any other day of the year. Because November 1, 2009 is when we’ll turn our clocks back an hour, this year, people have one more hour to stay out on Halloween.

Just because Halloween is a time for tricks and treats doesn’t mean that drivers and pedestrians should become less vigilant when out on the streets. Little kids in costume can be hard to see—especially if they are wearing dark clothing or masks—and in the excitement to get from one house to the next a young child may run into the middle of the road unexpectedly. Parents should make sure that young kids do not walk around by themselves unattended or, at the very least, familiarize them with the rules of safe walking.

For drivers, driving drunk on any night is never a good idea. It’s an especially bad idea on Halloween night when motorists must watch out for child pedestrians. Driving slower than the speed limit can also help. Now is also a good time (as any) to stop text messaging or talking on the cell phone while driving.

If your child was injured in a Washington DC pedestrian accident because a motorist was careless or reckless, you may have grounds for an injuries to minors lawsuit.

Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009
Halloween safety tips for pedestrians and drivers, Consumer Reports, October 28, 2009

Safe Kids USA

Educating Child Pedestrians, WalkingInfo.org

Washington DC Pedestrian Fatally Struck by at Least Two Vehicles

October 11, 2009 | Lebowitz & Mzhen

Shortly after 1am on Saturday, a pedestrian was fatally struck on the Baltimore-Washington Parkway. Police say that the victim, a man in his 30’s who appears to be Hispanic, was hit by at least two motor vehicles. His death is the fourth pedestrian fatality in the Washington portion of the parkway in the last 14 months and the third one close to the exit ramp going into the District.

According to the D.C. Department of Transportation, The Washington DC pedestrian death rate is even higher than the pedestrian fatality counts of Chicago, New York, and Los Angeles. About 600 Washington DC pedestrian accidents occur each year. Another study reports stated that over 80 pedestrian deaths take place in the Washington region every year.

On Tuesday, a woman died in a DC pedestrian accident when a Metrobus struck her. 47-year-old Stephanie Richardson got off a bus and was hit by another bus traveling in the same direction. She was transported to Washington Hospital Center where she was pronounced dead.

Some 14 people have died this year in Metro-related accidents. Just last month, a 30-year-old jogger sustained critical injuries when a Metro bus struck her. There are reports that the bus driver ran a red light and the pedestrian victim, Amanda Mahnke, was crossing the street because she had the walk signal.

Washington DC Pedestrian Accidents

Pedestrians injured in DC truck accidents, bus crashes, motorcycle collisions, and other traffic accidents may be entitled to Washington DC personal injury recovery. Serious pedestrian injuries can include traumatic brain injuries, broken bones, spinal cord injuries, and internal injuries.

Pedestrian Fatally Struck on Baltimore-Washington Parkway, Washington Post, October 11, 2009
D.C. woman, 47, dies after being hit by Metrobus, Washington Examiner, October 7, 2009
Sources: Bus Ran Light, Hit Jogger, My Fox, September 25, 2009
Related Web Resources:

D.C. Department of Transportation

Washington Metropolitan Area Transit Authority

President Obama Bans Federal Employees from Texting While Driving

October 7, 2009 | Lebowitz & Mzhen

President Barack Obama has signed an executive order banning federal employees from texting while driving a vehicle when on official business even if the vehicle being driven is not owned by the government. The order, issued last week, is an attempt to lead the charge encouraging people to stop texting while driving.

Lawmakers, ordinary citizens, safety advocates, and police attended a two-day Distracted Driving Summit in Washington DC that the US Department of Transportation organized. Already, the District of Columbia has a ban on texting or talking on a hand-held device while driving. Unfortunately, there are District of Columbia motorists who still engage in this dangerous habit that can lead to catastrophic Washington DC car accidents. Not only is texting while driving against the law but, like drunk driving, this popular form of distracted driving can kill people and lead to DC injury claims and wrongful death lawsuits.

The Obama administration has given each of the federal agencies 90 days to figure out how to enforce his order. He also wants the agencies to ban subcontractors and contractors from texting while driving. Federal employees working in national security or law enforcement are exempt from the ban.

For purposes of his order, President Obama defines “driving” as operating a motor vehicle. Drivers that are stopped at a traffic stop or traffic light or for any other reason that requires them to engage with the flow of traffic even if they are in “pause” mode with the engine running are still “driving.” However, Mr. Obama says it is acceptable for a federal worker to text message if he or she has pulled over to the side of the road.

Distracted Driving Facts from the AAA Foundation for Traffic Safety:

• Driver distraction is the cause of 1 million North American traffic accidents each year.
• Although, per the 2009 Index, 95% of drivers think that texting while driving is unacceptable behavior, 18% of them still do it.
• More than 50% of the time a motorist is driving, he or she is engaged in at least one other task.
Obama enacts texting ban on federal employees, The Washington Times, October 2, 2009
The Facts about Distracted Driving – Know the Dangers/Avoid the Risks, AAA Foundation for Traffic Safety

Related Web Resources:

The White House

US Department of Transportation

Distracted Driving Summit Focusing on Dangers of Texting Opens Today in Washington DC

September 30, 2009 | Lebowitz & Mzhen

At the opening of the Distracted Driving Summit, US Transportation Secretary Ray LaHood said that texting while driving has become an “an endemic” and a “menace to society.” Over 300 people are taking part in the conference, including law enforcement officials, lawmakers, and safety experts.

According to the National Highway Traffic Safety Administration, 5,780 people died (16% of all deadly traffic collisions) and 515,000 people sustained injuries in distracted driving accidents last year. Many of these auto crashes are a result of people using cell phones and PDAs.

Distracted driving is reportedly a big problem among young drivers, especially those under age 21. Distracted driving was a factor in 16% of deadly crashes involving drivers in this age group.

Metrobus Driver Who Struck Jogger in Washington DC Pedestrian Accident is Fired

September 25, 2009 | Lebowitz & Mzhen

Metro says that it fired the bus driver who struck a female jogger during a Washington DC pedestrian accident on September 3. Carla A. Proctor hit Amanda Mahnke while operating an empty bus on Florida Avenue NW. The 30-year-old jogger is Representative Rick Larsen’s communications director. She fractured her skull and sustained several other fractures during the DC Metro bus accident.

Metro cited “failing to follow standard operating procedures” as the reason for Proctor’s dismissal. The September 3 accident, which occurred close to Dupont Circle, is not the first time that the bus driver was involved in a bus crash.

In March 2003, seven motor vehicles and another bus were damaged after Proctor exited the bus to check on a faulty door. The bus accident lawsuits that were filed against Proctor and Metro accused her of neglecting to set the brake properly. This allegedly caused the empty bus to roll down a hill and into an auto, triggering a chain reaction with the other motor vehicles. A Prince George’s County jury awarded three plaintiffs $27,713 in damages. A settlement was reached in another DC bus accident claim over the multi-vehicle crash.

In December 2004, Proctor drove her Metro bus into a parked auto while turning onto Wisconsin Avenue from O Street. A 72-year-old bus passenger sued Metro for Washington DC personal injury. The case was settled in mediation under confidential terms.

In July 2003, Proctor, who was not working at the time, was involved in a motor vehicle crash that resulted in her vehicle driving through the front window of a Wendy’s in Oxon Hill. Two of the restaurant patrons sued her for Maryland personal injury. The case was settled out of court.

Proctor received five traffic tickets in January for operating an uninsured vehicle, not maintaining insurance, not having current tags, and not displaying a registration card upon demand. Charges are also pending against her for a traffic stop in Prince George’s County in 2008.

Metro fires bus driver for hitting jogger, Washington Examiner, September 25, 2009
Metrobus Crash Not The First For Driver, The Washington Post, September 16, 2009
Related Web Resource:
Washington Metropolitan Area Transit Authority