Washington DC Injury Lawyer Blog

Death Toll in Bronx Tractor-Trailer – Bus Crash Now at 15

March 14, 2011 | Lebowitz & Mzhen

The National Transportation Safety Board is trying to determine what caused a bus and tractor-trailer to collide on Saturday, killing 15 people in New York. The 56-seat bus then drove through a guardrail, skidded some 480 feet, before turning on its side. A highway sign cut off most of the bus’s roof. Our Washington DC bus accident law firm is continuing to monitor this story and its latest developments.

According to the medical examiner’s office, the victims died from blunt-force trauma as the impact of the crash left passengers bloodied and jumbled over debris, each other, and shattered glass. Most of those who died were of Chinese descent. The latest victim to die is a man in his 70’s. Several others are still in the hospital—six of them in critical condition.

The bus, driving back from the Mohegan Sun casino, is one of a number of buses that travel back and forth between the casinos in Connecticut and New York’s Chinatown. While bus driver Ophadell Williams has said that the tractor-trailer struck the bus, witnesses and survivors says that even prior to the deadly crash, the bus was swerving to the right. Some have speculated that Williams, who has a history of vehicular offenses and served time behind bars for grand larceny and manslaughter, was tired. Meantime, officials are saying that he may have been speeding.

Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge

March 9, 2011 | Lebowitz & Mzhen

More than a year after the family of Edward Givens filed a $17 million DC wrongful death case against the District and Emergency Medical Services medical director Dr. James Augustine, a judge says that their lawsuit can proceed under a new statute.

Givens, 39, died on December 2, 2008 after paramedics, responding to call that he was having problems breathing and experiencing chest pains, didn’t take him to the hospital and instead told him that he had acid reflux and he should take Pepto Bismo. He died six hours after receiving the wrong diagnosis. In 2009, his family sued for DC paramedic malpractice and wrongful death.

The District has been combating the lawsuit, claiming that case law doesn’t allow someone hurt by an emergency worker to sue. However, after paramedics didn’t immediately treat New York Times journalist David Rosenbaum because they thought he was drunk (in fact, he was beaten during a robbery), the District settled his family’s paramedic malpractice case. The city council has since passed a statute allowing victims to hold paramedics liable for negligence.

Washington DC Car Accident in Third Street Tunnel Claims 23-Year-Old’s Life

March 6, 2011 | Lebowitz & Mzhen

Police are investigating a fatal Washington DC traffic crash in the Third Street Tunnel involving a Department of Public Works truck. The victim, 23-year-old Haja Seymore-Wilson, died on Tuesday after the vehicle she was riding crashed into the truck, which was stopped. Also injured in the DC truck crash were three city workers.

If the city workers were negligent in where they parked their truck or could/should have act in a way that would have prevented Seymore-Wilson’s car from crashing into the truck, her family may find that they have grounds for a DC wrongful death case. However, if it was Seymore-Wilson who was at fault, then it is the city workers who may have grounds for a DC injury case.

During such a stressful time, settling immediately may seem like the best solution. Unfortunately, you may be also be giving away your legal right to receive the maximum recovery possible. There is no need to make your healing process more challenging by trying to pursue your injury recovery without legal help.

Also, figuring out who caused a Washington DC car accident can be difficult, which is another reason why you need to have a DC injury law firm that is working for you. Your attorney can make sure that all evidence is explored and a solid case is built on your behalf. In addition to physical evidence and your actual injuries, your lawyer can look at driving records, witness testimony, auto repair/maintenance records, the history of traffic accidents on that road, and other key data.

Woman killed in D.C. tunnel crash, The Washington Post, March 1, 2011
Candlelight vigil for woman killed in Third Street Tunnel, The Examiner, March 4, 2011
Related Web Resource:
Department of Public Works, The District of Columbia
More Blog Posts:
Maryland Car Accident News: Baltimore Trucker Survives Head-on Crash when Minivan Crosses Centerline on Rte 9, Maryland Car Accident Attorney Blog, March 3, 2011
Baltimore Car Accident News: Driver Dies in Fatal Beltsville, Maryland, Automobile Traffic Wreck, Maryland Car Accident Attorney Blog, February 28, 2011
Baltimore Auto Injury News: Three Hurt when Train Hits Minivan in Wicomico, Maryland, Maryland Car Accident Attorney Blog, February 24, 2011

DC Cop Injured While Investigating Fatal Hit-and-Run Accident on Key Bridge

February 28, 2011 | Lebowitz & Mzhen

A DC cop was rushed to the hospital early today after a car on the Key Bridge hit him. At the time, the police officer was investigating a fatal hit-and-run accident. The victim of that DC traffic crash was a pedestrian with a moped. He was hit by an SUV that then fled the scene. The alleged hit-and-run driver was apprehended on Interstate 270.

DC pedestrian accidents usually result in serious injuries. Traumatic brain injuries, broken bones, internal injuries, and spinal cord injuries can result from the impact of a motor vehicle striking a human body.

Drivers involved in any traffic crash are required to stop at the scene. If someone else was injured, then the driver should call for help.

Hit-and-run driving is against the law. It can also result in deaths of injury victims who may otherwise have survived if only 911 had been contacted right away.

Police officers or any other worker who is injured during a DC pedestrian accident while doing his/her job may have grounds for filing a DC personal injury lawsuit against the negligent motorist. Most employees cannot sue their employers for injuries sustained on the job. This, however, should not prevent them from filing third party lawsuits if other parties involved caused their injury accident.

Serious pedestrian injuries may require surgery, physical therapy, prescription medication, nursing care, and/or rehabilitation and the bills can mount. Our Washington DC personal injury law firm is here to help pedestrians obtain financial recovery for their traffic crash injuries from al liable parties.

D.C. Officer Struck By Car While Investigating Accident on Key Bridge, Policelink.monster.com, February 28, 2011
Related Web Resources:

Metropolitan Police Department

Pedestrian Accidents, Justia
Related Web Resources:
71-Year-Old Dies in Hit-and-Run Washington DC Pedestrian Accident, Washington DC Injury Lawyer, November 18, 2010
Washington DC Pedestrian Accidents At Higher Risk of Occurring After Daylight Saving Time Ends, Washington DC Injury Lawyer, November 5, 2010
Washington DC Pedestrian Accident Involving Alleged Drunk Driver Claims the Life of 26-Year-old Johns Hopkins University Graduate Student, Washington DC Injury Lawyer, September 15, 2010

Preventing Red-Light Running Decreases Washington DC Car Accidents, Says Police Chief

February 23, 2011 | Lebowitz & Mzhen

According to the Washington Post, one of the reasons that more red-light cameras are being installed in the Washington region is that per a new Insurance Institute for Highway Safety study, between 2004 and 2008 they helped the number of DC traffic deaths at intersections go down by 26%.

Red-light cameras catch drivers crossing intersections when the light is red by taking a picture of them committing the act. Although some people have complained that the cameras are a tool for raising revenue—these cameras generated $7.2 million in revenue in 2000, under $5 million in 2005, and $7.2 million in D.C. in 2009— stopping people from driving across the street when the light is red can save lives. D.C. Police Chief Cathy L. Lanier told the Washington Post changing driver behavior is the goal. She says that traffic deaths in the District went down 50% in four years.

DC Car Crashes

According to a survey conducted last year by the AAA Foundation for Traffic Safety, although 93% of drivers reported that they believe that if a motorist can stop safely to obey a red light then it isn’t acceptable to run one, 1/3rd of them admitted that they had done just that in the past 30 days. Regardless of whether or not you approve of red-light cameras, it is important to point out that running a red light at an intersection can prove catastrophic should a Washington DC auto accident occur.

Some reasons why people run red lights:
• Speeding
• Distracted driving
• Drunk driving
• Drugged driving

None of these reasons are good enough reasons to get involved in a DC car crash. Not only can injuries or deaths result but the negligent driver could end up in jail.

Use of red-light cameras in Washington area increases, Washington Post, February 23, 2011
Q&As: Red light cameras, Insurance Institute for Highway Safety
Related Web Resources:

AAA Foundation for Traffic Safety

District Department of Transportation

More Blog Posts:
Baltimore Automobile Accident News: Kent Island Father and Young Son Die in Rte 50 Car Crash, Maryland Car Accident Attorney Blog, February 22, 2011
Baltimore Car Injury News: Reckless Driving Suspected Injury Accident in Anne Arundel County, Maryland Car Accident Attorney Blog, February 20, 2011
Baltimore Car Accident News: Maryland Woman Dies; Other Injured in Charles County Traffic Collision, Maryland Car Accident Attorney Blog, February 18, 2011

Falling Tree Causes Fatal Washington DC Car Accident

February 19, 2011 | Lebowitz & Mzhen

A tragic DC traffic crash last Wednesday evening has claimed the life of a 41-year-old man. Oswaldo Hernandez-Cruz, a roofer, and three friends were headed to a job where they would be clearing snow all night when the pickup truck they were riding was struck by a falling tree.

The vehicle was stuck in DC traffic when the tree collapsed. The other three people in the truck, a wife and husband and another man, also sustained injuries, as did two people riding in another car that the tree’s braches also struck. The DC injury accident occurred in the 1700 block of Military Road NW. Hernandez-Cruz leaves behind his wife and three children.

Falling Tree Accidents

Falling trees or even just their tree branches can cause serious injuries. In 2008, a woman, Kay Plyler, died when a tree fell on the car that she and her teen daughter were riding. In 2009, a jury awarded one man 1.7 million for injuries he suffered when a tree fell on the vehicle he and his wife were riding in 2006. Mieczyslaw Wisniewski sustained numerous injuries and neck fractures. In 2007, 49-year-old Michael Gandy died when a giant tree fell onto his van. His family filed a wrongful death lawsuit blaming the city for improperly cutting the trees roots and causing it to become unstable. There have also been tragic falling tree accidents involving a pedestrian or bystander injured or killed by a falling tree branch.

Property owners must make sure that trees on their premise are properly maintained. There may be more than one party who can/should be held liable for Washington DC personal injury.

Tree kills man in car waiting in bad traffic, The Washington Post, January 28, 2011
Settlement Reached In Wrongful Death Lawsuit, WSOCTV, December 7, 2009
Falling Tree, Lawyers and Settlements, February 27, 2008
Related Web Resource:
Premises Liability, Nolo
More Blog Posts:
Escalator Malfunction at DC Metro Station Injures Four, Washington DC Injury Lawyer Blog, October 31, 2010
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
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

Nearly 800,000 Dorel Child Safety Seats Recalled

February 16, 2011 | Lebowitz & Mzhen

The National Highway Traffic Safety Administration says it is recalling nearly 800,000 child safety seats made by Dorel Juvenile Group. The recall, which affects infant, convertible, and booster seats, was issued because of concerns that the harnesses may not be able to keep children secure. Our Washington DC products liability law firm represents children injured because their child safety seat or another product failed or was defective and we are pleased to hear that steps are being taken to remedy a hazard that could potentially endanger kids and babies.

The recalled child safety restraints were manufactured between May 1, 2008 and April 30, 2009. They were sold under the brands Maxi-Cosi, Safety 1st, Julie Vallese, and Eddie Bauer. There is concern that because the harness locking and release button do not always go back to its locked position, the harness adjustment strap might slip back through the adjuster while a child moves around in the seat. This could loosen the harness, placing the child at serious risk of injury during a traffic crash.

While Dorel says it has received 143 complaints over the front harness loosening, the manufacturer was quick to say that it does not consider the issue to be a safety defect and that no related reports of injuries or deaths have been filed.

DJG says it will give consumers a repair kit to fix the safety issue. Consumers can keep using the DJC child safety restraints before the remedy has been applied, but they should make sure that the lock/release button is securely in the locked position and that the harness is properly adjusted and hasn’t come loose.

Washington DC Personal Injury

A child can die during a DC car crash because he/she was seated in a defective car seat. This is why it is so important that manufacturers make sure their child safety restraints are designed and made properly. Common child safety seat defects:

• Poor construction
• Design defects
• Shell separation
• Harness defects
• Mechanism failures
• Inadequate instructions
• Insufficient testing of seats
Nearly 800,000 Dorel Child-Safety Seats Are Recalled, NY Times, February 14, 2011
Consumer Advisory: Dorel Recalling Nearly 800,000 Child Safety Seats For Safety Harness Issue, NHTSA, February 14, 2011
Related Web Resources:

Dorel Juvenile Group

Child Safety Seats, US Department of Transportation
Related Web Resources:
Drop-Side Cribs No Longer Allowed, Rules CPSC, Washington DC Injury Lawyer Blog, December 22, 2010
Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyer Blog, October 23, 2010
CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths, Washington DC Injury Lawyer Blog, February 10, 2010

Washington DC Strangulation Accident Prompts Baby Monitor Recall

February 11, 2011 | Lebowitz & Mzhen

Last year, our Washington DC wrongful death lawyers reported on a DC injuries to minors accident linked to a baby monitor cord. Savannah Caroline, 10 months, died last March after she became entangled in the cord. Eight months later, a 6-month old baby died after he too was strangled because of his video monitor’s cord.

Now, Summer Infant and the Consumer Product Safety Commission are recalling about 1.7 million video baby monitors. The recall will allow Summer Infant to provide new on-product warning labels and instructions so that parents and guardians will know where they can place the baby monitor so that it doesn’t pose an injury hazard to kids. Summer Infant is also recalling the rechargeable batteries of another 58,000 video monitors because they pose a possible burn hazard. These monitors were sold at Babies R Us in 2009 and 2010.

Injuries caused by products that malfunction, have design defects, or fail to provide instructions or warnings on proper use can be grounds for a Washington DC products liability lawsuit against the manufacturer. The supplier or seller can also be held liable for DC personal injury or wrongful death for making the defective or dangerous product available for purchase.

Strangulation is an all too common problem when it comes to babies and certain product defects. Manufacturers know this and it is their responsibility to prevent these types of accidents from happening.

Last year, the CPSC provided a Safety Alert warning parents of what to do to keep their kids from strangling in a baby monitor cord:

• Make sure that the cord and the monitor is placed far away enough that the baby cannot reach for it.
• Make sure that the cord is over three feet away from any crib, play yard, bassinet, or sleeping area.
• As your baby grows, constantly check to make sure that he/she still cannot reach the monitor cord.
Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions, CPSC, February 11, 2011
Big recall of baby monitors linked to 2 deaths, AP/Google, February 11, 2011
Related Web Resources:
Baby Products, Consumer Reports

Recalls

Related Blog Posts:
Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old’s Death, Washington DC Injury Lawyers Blog, October 28, 2010
Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyers Blog, October 23, 2010
Washington DC Injuries to Children: Banning Drop-Side Cribs, Washington DC Injury Lawyers Blog, August 17, 2010

District of Columbia Adding More Traffic Cameras

February 7, 2011 | Lebowitz & Mzhen

The District intends to install more traffic cameras at street intersections. The main purpose of these new portable cameras is to catch motorists committing traffic offenses, such as failing to come to a full stop and not yielding to pedestrians. The cameras will be placed in areas where there is proven need for greater enforcement and control. D.C. Police Chief Cathy Lanier says the cameras will be put in place “within the next year.”

Intersections are a common site for traffic crashes. With vehicles approaching from opposite directions, pedestrians crossing the street, and people attempting to make left and right turns, the fact that the risk of collision goes up is no surprise.

Our DC personal injury law firm hopes that with additional cameras set up, more people will be discouraged from committing traffic violations that can lead to Washington DC car accidents. The knowledge that one can get caught on camera running a red light or not coming to a full halt at a stop sign, or turning left even when the left turn arrow is red will hopefully prevent such “minor” offenses, which are, in fact, among the most common causes of serious injuries and deaths at intersections.

How to Avoid Becoming Involved in an Intersection Accident:
• Pay Attention
• Don’t drive while distracted
• Be ready to stop or slow down even if there is no “Stop” sign or traffic light
• Yield to the pedestrian that is already crossing the street or the vehicle that is already moving through the intersection even if you technically have the right of way
• Always look in all directions before driving across the street or turning
• Obey traffic rules
D.C. to Add More Traffic Cameras, Government Video, February 7, 2011
Red-light cameras save lives, study says, Washington Post, February 1, 2011
Related Web Resources:

DC Department of Transportation

Insurance Institute for Highway Safety

More Auto Accident Posts:
Washington DC Car Accident Involving Metro Bus Causes Injuries, Washington DC Injury Lawyer Blog, July 6, 2010
Baltimore Injury Accident News: Alcohol Blamed in Fatal I-70 Car Crash that Killed Montgomery County Woman, Maryland Car Accident Attorney Blog, February 6, 2011
Maryland Bicycle Injury News: Family Settles Wrongful Death Suit following Fatal Baltimore Cycling Accident, Maryland Motorcycle Accident Lawyer Blog, December 24, 2010

Washington DC Nursing Home Neglect Can Cause Bedsores

January 31, 2011 | Lebowitz & Mzhen

Our Washington DC nursing home abuse and neglect lawyers represent patients who have suffered serious illnesses and injuries at assisted living facilities. Unfortunately, one condition that we see and hear about way too often is bedsores (also known as decubitus ulcers or pressure sores). Many of the people we’ve represented who had bedsores didn’t have to develop this condition if only they’d receive the proper nursing care.

While a bedsore might sound like a mild sore, it can deteriorate to the point that infection, organ damage or death can result. The fact that bedsores can occur and are preventable is not news to anyone in the nursing home industry, so why, then, are so many patients still developing them? This is unacceptable, and if you or your loved one has pressure sores because he/she did not receive the proper nursing home care, then there is a good chance that you have grounds for a Washington DC nursing home negligence case.

Common causes of bedsores at assisted living facilities:
• Failure to regularly reposition/turn a patient in his/her bed
• Lack of mobility
• Prolonged pressure on one part of the body
• Dehydration
• Malnutrition
• Allowing a patient to sit in soiled bed sheets
• Letting moisture stay close to a resident’s skin for too long
• Failure to change wet diapers
• Inexperienced nursing staff
• Understaffing
• Failure to identify and treat bedsores

Bedsores can become extremely painful and debilitating. There is no reason why a patient should not get the appropriate nursing home care that would prevent pressure sores from developing.

Related Web Resources:
Nursing Home Directory, District of Columbia Department of Health
Bedsores, MayoClinic

Maryland Nursing Home Lawyer Blog

More Blog Posts:
Psychiatric Report Says U.S. Needs to Prepare for Increase of Elderly Dementia, Maryland Nursing Home Abuse Lawyer Blog, June 8, 2011
Dementia Patient’s Wandering Leads to Death—Nursing Home Fined $20K for Negligence, Maryland Nursing Home Abuse Lawyer Blog, June 6, 2011
Florida Nursing Homes Investigated for Severe Abuse and Negligence, Maryland Nursing Home Abuse Lawyer Blog, June 3, 2011