Washington DC Injury Lawyer Blog

Washington Area Car Crashes Kill at Least Eight In Less than 48 Hours

August 13, 2011 | Lebowitz & Mzhen

Over the last two days, at least people have been killed in Washington area motor vehicle crashes. AAA says that we currently in the deadliest driving period of the year through the Labor Day weekend. Part of this can be attributed to there being so many people on the road driving long distances because its the summer holiday season. Unfortunately, reports AAA, some motorists that are in vacation mode may forget to be as vigilant while driving, which can lead to fatal DC car crashes.

On 4am on Friday, a driver of a 2004 Mercedes-Benz lost control of the vehicle in a Southeast Washington car crash. The auto hit a utility pole before bursting into flames. The bodies of two juveniles were retrieved from the vehicle. That same day, a St. Mary’s County motorcycle crash claimed the life of Devin Sweeting, who sustained multiple pelvic fractures when his bike left Route 5, hit a cement culvert, skidded on its side for approximately 170 feet, before hitting a utility pole. Sweeting was pronounced dead at a Baltimore hospital.

Several hours later, two people died in a Montgomery County car crash that also involved the vehicle leaving the road and bursting into flames. Not long after that an adult and a teenager were killed in a Prince George’s County SUV accident on the Baltimore-Washington Parkway. The vehicle went off the road before crashing into a large tree. Five other kids and one adult were transported to local hospitals in critical condition. One of these children, a 3-month-old baby, was later pronounced dead.

Washington DC Traumatic Brain Injuries May Up the Risk of Stroke and Dementia

August 10, 2011 | Lebowitz & Mzhen

Our DC injury lawyers are familiar with the devastation that suffering from a traumatic brain injury can wreak on the lives of victims and their families. Now, here is more disturbing news about some of the serious side effects that can come with a Washington DC TBI.

University of California-San Francisco scientists, who studied nearly 300,000 older war veterans (age 55 and older), found the having a brain injury can more than double a person’s risk of developing dementia. According to lead researcher and San Francisco VA Medical’s Center Memory Disorders Program’s director Kristine Yaffe, veterans with a TBI diagnosis had a 15% chance of developing dementia, while the risk for those who never had a TBI was 7%.

Obviously, you don’t have to go to war to develop a traumatic brain injury. Fall accidents and car crashes are two of the most common causes of TBIs. In many instances, these types of accidents occur because someone else was negligent, which is where an experienced Washington DC traumatic brain injury law firm can step in to help you.

Unfortunately, a TBI doesn’t just up someone’s dementia risk, but Taiwanese researchers report that having a TBI can increase the patient’s chances of developing a stroke by up to 10-fold. It doesn’t help that complications from a TBI, such as cardiac injuries, ruptured arteries, and blood clotting disturbances, can also increase the chances of stroke.

The researchers compared data between 69,597 patients without TBIs and 23,199 patients with TBIs. They found that within the first three months, TBI patients had a 2.91% risk of stroke while the risk for those who didn’t have a brain injury was .3%. That’s a 10-fold difference. However, with time, the risk of stroke for the TBI patient did go down. Although his/her risk of stroke was 4.6 times more one year after the injury, after five years it had gone down to 2.3 times more than for patients who never had a TBI.

A fractured skull, however, did up the chance of stroke by 20 times for patients with brain injuries compares to those without this type of fracture. The chances of brain bleed, high blood pressure, coronary heart disease, diabetes, heart failure, and atrial fibrillation was also greater for TBI patients. This study can be found in Stroke’s July 28 online edition.

Proving that you have a brain injury and that it occurred in an accident caused by another party’s negligence can be incredibly challenging, which is why you want to make sure you are represented by experienced DC traumatic brain injury lawyers.

Stroke Risk Spikes After Brain Injury, The State Column, July 31, 2011
Traumatic brain injury doubles risk of later dementia, USA Today, July 18, 2011

Related Web Resources:
Traumatic Brain Injury, Centers for Disease Control and Prevention
Dementia, Medicine.net
National Stroke Association

More Blog Posts:
Many Brain Injury Patients Suffer from Pseudobulbar Affect, Says Survey, Washington DC Injury Lawyer Blog, January 6, 2011
Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers, Maryland Accident Law Blog, January 23, 2010
Natasha Richardson Did Not Receive Medical Attention Until Four Hours After Ski Fall Accident that Resulted in Fatal Traumatic Brain Injury, Maryland Accident Law Blog, March 20, 2009

Kathy Wone Settles $20M Washington DC Wrongful Death Lawsuit with Three Men Linked to Her Husband’s Dupont Circle Murder

August 3, 2011 | Lebowitz & Mzhen

Over the past year, our Washington DC personal injury law firm has written about the civil lawsuit between Kathy Wone and Victory Zaborsky, Dylan Ward, and Joseph Price. Wone is the widow of Robert Wone, a Radio Free Asia attorney who was fatally stabbed at the DuPont Circle residence shared by the three men in August 2006.

Although the Zabrosky, Ward, and Price were acquitted of charges of obstruction of justice, conspiracy, and evidence tampering related to Robert’s death (they have always maintained that he was killed by an unknown intruder), Kathy went ahead and pursued the men in civil court. Now, she and the three men have settled the DC wrongful death lawsuit against them for $20 million.

The outcome of this civil case is an example of how even if an acquittal is the outcome of the criminal case, you can still hold the parties that you believe are liable for your loved one’s death in civil court. Granted, a jury might have awarded Kathy a larger monetary sum if she had decided to go to court. However, in an interview that she gave this week Kathy explained that even if the case went to trial, she didn’t think more information would be shed on what happened to her husband (the three defendants had refused to answer a lot of questions that were posed during deposition). She has also decided to start focusing her energy on moving forward with her life and using some of the settlement money to go toward the causes that her husband believed in.

Washington DC Medical Malpractice: Surgeon’s Estate Must Pay $1M Share of Settlement

July 31, 2011 | Lebowitz & Mzhen

An appeals court isn’t letting a deceased doctor off the hook for his share of a Washington DC medical malpractice settlement owed to a woman who sustained serious injuries because anticoagulants were improperly administered to her. Per the court, the estate of Ronald Kurstin, MD must pay $1 million of a $2 million settlement.

The plaintiff, Rosalee Blue, was administered the heparin compound Lovenox during an abdominal hernia repair procedure at Sibley Memorial Hospital on April 2004. It was Dr. Kurstin who directed anesthesiologist Dr. John Lordan to give Blue the anticoagulant.

Unfortunately, the medication caused her to experience spinal bleeding and suffer permanent injuries, including impaired mobility and bladder and bowel dysfunction. Blue also continues to experience chronic pain.

Preventing the Non-Crash Auto Deaths of Kids

July 26, 2011 | Lebowitz & Mzhen

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

$20M Washington DC Medical Malpractice Lawsuit Over HIV Misdiagnosis Can Proceed, Says Appeals Court

July 21, 2011 | Lebowitz & Mzhen

11 years after he was mistakenly diagnosed with HIV, an appeals court has said that Terry Hedgepeth’s $20 million Washington DC medical malpractice lawsuit against the Whitman-Walker Clinic can proceed. His original complaint was dismissed on the grounds that he did not sustain any physical injuries from the medical mistake. However, now that the DC Appeals Court has changed the law in the District, emotional injury can be grounds for such a case. Hedgepeth wants compensation for emotional distress, anxiety, weight loss, loss of contact with family and friends, psychiatric facility commitment, suicidal tendencies, depression, damage to his reputation, lost earnings (past, present, and future,) and loss of almost four years of a normal life.

The clinic diagnosed Hedgepeth, now, 42, with HIV on December 13, 2000. He says that the news broke him and he ended up in a psychiatric ward. After his release, he sough treatment for his disease and obtained regular blood tests from the clinic. At the same time, however, he says that his life in havoc. He broke ties with his family because he didn’t want them to know that he was HIV-positive. He also moved into a Whitman-Walker run house for homeless patients, took cocaine, and wanted to die. All the while, he continued to show no signs of infection and he never had to take any meds to treat his HIV.

Four years later, Hedgepeth decided to try holistic treatments and went to the Abundant Life Clinic. A blood test he took there gave him an HIV-negative result. He also tested negative at Johns Hopkins University Hospital.

Tour Bus From Washington DC Involved in Deadly Crash May Have Been Derailed by Tire Blowout

July 18, 2011 | Lebowitz & Mzhen

Police are saying that a tire blowout may have caused the deadly tour bus crash on I-390 that killed two people and injured several others—leaving at least three of them with severe injuries—on Sunday. The bus, which had left Washington DC, was headed to Niagara Falls. As of midday Monday, media sources were reporting that 20 people remain hospitalized. Injuries include internal injuries, fractures, and head wounds, which are consistent with injuries from a bus accident.

The bus driver reportedly lost control of the bus at around 4pm in the Avoca area. The vehicle left the road before going down an incline and tipping over in a wooded area.

Today, at a news conference, New York State Police Superintendent Joseph D’Amico said that driver fatigue and alcohol are not likely factors in the crash. Also, in addition to the driver’s log being “proper” the front tires on the bus had just been replaced with new ones in the last couple of months. It was one of these tires that appears to have blown out.

The two passengers that died, Shail Khanna, 66, and Sakina Kiazar, 52, and the 34 other passengers on the bus were with tour group from India. The two women were seated behind the driver’s seat, which was the only seat on the bus with a safety belt. Tour buses do not have to have seat belts for passengers.

According to state Department of Transportation staff, the bus passed its last inspection on June 28 and has a good safety record. Bedore Tours was given a “satisfactory” (which is the top) rating by federal inspectors last year.

Tire Blowouts

Tire blowouts can prove fatal—especially if they cause a driver to lose control of the vehicle. A tire manufacturer can be held liable if its tire’s defects caused a DC traffic crash that resulted in injuries or deaths. If it was the driver who failed to replace or properly maintain the tires or a repair company that didn’t correctly check to make sure that a tire was in proper driving condition, either party could also be held liable.

In an accident such as the one discussed here, other possible liable parties—defending on the evidence found—might also include the tour operator, the tour bus driver, or the bus company owner.

Trip normal till tire blew out, Rochester bus driver says after I-390 crash, Democrat and Chronicle, July 18, 2011
Tour bus from D.C. crashes in N.Y.; 2 dead, The Washington Post, July 17, 2011
Related Web Resources:

Bedore Tours

SaferCar.gov

More Blog Posts:
Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police, Maryland Accident Law Blog, October 28, 2010
Baltimore Personal Injury News: Six Hurt in Montgomery County Car-School Bus Accident on I-270, Maryland Car Accident Attorney Blog, June 3, 2011
Maryland Traffic Injury News: Car Hits City Bus in Baltimore County; 12 Passengers Hurt in Crash, Maryland Car Accident Attorney Blog, May 28, 2011

Up to 25% of US Car Crashes Caused by Distracted Driving and Gadget Use

July 12, 2011 | Lebowitz & Mzhen

According to the Governors Highway Safety Association, up to 25% of motor vehicle accidents in this country occur because motorists were distracted driving and more often than not using cell phones and other handheld devices. The GHSA’s report, which was released last week, is called “Distracted Driving: What Research Shows and What States Can Do.”

As our Washington DC personal injury law firm has reported in past blogs, distracted driving is very dangerous and can dramatically increase the chances of injuries or deaths. It also can be grounds for a DC car crash lawsuit against the driver. Other findings from the study:

• Some drivers are distracted as much as 50% of the time they are on the road.
• Texting while driving, which is both a manual and visual distraction, is even more dangerous than talking on a phone.

• Examples of other common types of distracted driving behavior include talking to other passengers, looking for tapes or CD’s, switching radio stations, drinking, eating, reading directions or a map, reading books or newspapers, dealing with kids or pets, shaving, putting on makeup, shuffling through an iPod, and reading your GPS.

Many people don’t realize that distracted driving impairs their ability to drive safely. This does not change the fact that this behavior can result in very deadly consequences.

Should other parties aside from a distracted driver be held liable for DC personal injury or wrongful death? A couple of years ago, one woman sued Nextel, Samsung, and Sprint for her mother’s distracted driving death. The plaintiff claimed products liability because the three companies allegedly failed to warn the driver that using a cell phone wile driving is a safety hazard. Samsung countered that it did include safety warnings on its websites and packaging and in its user manuals and advertising.

Report: Gadgets Linked To 25 Percent Of Car Accidents, AutoGuide, July 13, 2011

Read the GHSA’s Distracted Driving Report

Related Web Resources:
Distracted Driving, US Department of Motor Vehicles
Cell Phone and Texting Laws, Governors Highway Safety Association
More Blog Posts:
US DOT Holds Second Annual Distracted Driving Summit in Washington DC, Washington DC Injury Lawyer Blog, September 22, 2010
Preventing Maryland Car Crashes: State Senate Approves Ban on Reading Text Messages While Driving, Maryland Accident Law Blog, March 9, 2011
Maryland Lawmakers Want Texting While Driving Ban to Block Drivers From Reading Messages, Maryland Accident Law Blog, February 20, 2010

Washington DC Slip and Fall: An Injury Accident that May Be Grounds for a Lawsuit

July 5, 2011 | Lebowitz & Mzhen

Every year, thousands of people are hurt in slip and fall accidents. While this type of injury accident sounds simple and harmless enough—how dangerous can a simple slip accident while standing be? Our DC premises liability lawyers have seen enough slip and fall injuries to tell you that they can often be painful, debilitating, and costly.

A simple slip on liquid on the ground or a rough patch of ice or any other slippery item on a flat surface or staircase can lead to broken bones, displaced hips, back injuries, and in some cases, traumatic brain injury resulting in death. Whether or not you have grounds for a Washington DC slip and fall case will depend on where the accident happened, who owns the property where the accident occured, and whether there is a premise owner or another party who was responsible for making sure that this type of injury accident didn’t happen.

Usually, the property owner or someone must have cause the spill or other slip hazard, knew that there was a dangerous area but did nothing to remedy or repair it, or didn’t know about it but should have known about the slip danger because that is what a “reasonable” person taking care of the property would have done. Of course, each Washington DC slip and fall case is unique and the specifics of each accident, as well as how much evidence can be gathered, play a role in determining liability. Your case may even require the help of an experienced expert that knows how to prove exactly how your slip and fall accident happened.

Recovery from a slip and fall accident can take months, and for some people, permanent injury can result. An elderly person who shatters his/her hip may no longer be able to walk without the use of a cane or wheelchair. A teenager who strikes his/head against the pavement may die from a permanent brain injury. The sooner you have someone working on your case, the better your chances of obtaining the best outcome possible.

Related Web Resources:
Slip and Fall, Nolo
Slip and Fall, Justia

More Blog Posts:
Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries, Washington DC Injury Lawyer Blog, February 23, 2010
Woman Claims Maryland Fall Accident Left Her with a Russian Accent, Maryland Accident Law Blog, June 3, 2010
Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club, Maryland Accident Law Blog, May 13, 2008

Woman Dies in Washington DC Fall from W Hotel Rooftop

June 30, 2011 | Lebowitz & Mzhen

A woman was killed late Wednesday night when she fell from the rooftop patio of the W Hotel in Washington DC fall accident. According to witnesses, the victim, who had been drinking, climbed over the patio fence and dangled on an overhang before falling 10 stories.

The woman, who has been identified as 47-year-old Stephanie Huebner, landed on the sidewalk. She was pronounced dead at the DC injury site.

Authorities are claiming that Huber’s death was a suicide. However, the DC medical examiner’s office has still not ruled on her cause of death.

Obviously, at this time, the specifics of what happened are not known. Was Huebner’s death an accident or a suicide? Could the hotel have done anything to prevent the fatal from happening? Was the patio designed so that no one could easily fall or jump from there? Was Huebner really inebriated when she fell? Was she obviously under the influence, and if so, did hotel staff serve her liquor even though she appeared drunk? Was Huebner at fault in causing her death? Should someone be liable for her Washington DC fall accident?

Hotel Accidents

Hotels know that accidents can occur on their premises and it is important they make sure that the make sure that the appropriate safety measures in place to prevent such incidents from occurring. Examples of Washington DC hotel accidents that can result in injuries or wrongful death:

• Fires
• Sexual assault
• Pool or spa drownings
• Swimming accidents
• Slip and fall accidents
• Fall accidents from balconies, patios, roofs, or staircases
• Carbon monoxide poisoning
• Physical assault
• Food poisoning
• Step and fall accidents
• Trip and fall accidents
Woman falls to her death from rooftop of the W Hotel, Washington Post, June 28, 2011
Stephanie Huebner dies after fall from W Hotel roof, WJLA, June 29, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

W Hotels

More Blog Posts:
Washington DC Escalator Accident Injures 52-Year-Old Metro Rider, Washington DC Injury Lawyer Blog, April 28, 2011
Maryland Fall Accident?: Police Probe Death of Man Discovered in Trash Chute, Maryland Accident Law Blog, August 16, 2010
Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter, Maryland Accident Law Blog, February 21, 2008