Washington DC Injury Lawyer Blog

Judge Refuses to Dismiss Washington DC Wrongful Death Lawsuit in Robert E. Wone Case

December 9, 2010 | Lebowitz & Mzhen

A judge has refused to grant the requests of the three defendants in the Washington DC wrongful death lawsuit filed by Robert E. Wone’s family. Wone, a 32-year-old DC lawyer, was stabbed to death while at the DuPont Circle house where Joseph Price, Victor Zaborsky, and Dylan Ward were living. All three men have been acquitted of criminal charges accusing them of covering up his murder. Wone’s widow Katherine, however, is still suing them for $20 million.

In the DC wrongful death complaint, which she filed in 2008, Katherine is accusing them of committing negligent, reckless, and intentional acts that led to her husband’s death, including a failure to act promptly to save his life. The three men have said that an unknown intruder entered their residence and killed Wone.

Attorneys for the three defendants had petitioned D.C. Superior Court Judge Brook Hedge to drop the civil suit on the grounds that the statute of limitations had passed. However, the judge did not agree with their claim. He noted that the most recent evidence was found in 2008 and was what prompted federal prosecutors to file the criminal charges against the men.

NHTSA Reports Increase in Drug Use Among Drivers Killed in US Traffic Crashes

November 30, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, post-mortem test results from between 2005 and 2009 reveal an increase in the level of drug involvement among drivers killed in US traffic crashes. This, however, the NHTSA is quick to qualify that this does not mean that the motorists tested were impaired at the time of death or that use of a drug caused the fatal collision.

Per NHTSA Data:
• 63% of the 21,798 drivers killed in 2009 were tested for drugs.
• 3,952 of these drivers tested positive for drugs.

• Over the last five years, US states have reported an increase in drug use among fatally injured drivers.

According to NHTSA Administrator David Strickland, this report is a warning that too many motorists in the US are driving with drugs in their system and not realizing that this is causing them to become a danger to themselves and others. The data is part of the traffic safety agency’s Fatality Analysis Reporting System (FARS). Our Washington DC injury lawyers want to remind you that if you or someone you love was injured in a car crash by a motorist who was under the influence of drugs or driving while drunk, you may have grounds for a civil case.

Drugged driving is dangerous driving. It doesn’t matter whether the driver is on medication prescribed by a doctor or taking an illegal drug. Depending on the type of drug used and the corresponding side effects, drugged driving can modify a motorist’s perception, attention, cognition, coordination, balance, and reaction time, which are all faculties that affect a driver’s ability to drive safely.

Unlike with alcohol, there is inadequate current technology for determining drug levels and the impairment that can result. There is also no legal limit to serve as a marker for when someone is considered legally impaired and under the influence of drugs. Different US states, however, have passed their own laws and programs for trying to determine whether someone is engaged in drugged driving.

Report is First Ever Analysis of Drug Involvement Among Deceased Drivers in Fatal Crashes, National Highway Traffic Safety Administration, November 30, 2010

Read the Report (PDF)

Related Web Resources:
What is Drugged Driving?, National Institute on Drugged Driving

Stop Drugged Driving

Maryland Car Accident Attorney Blog

Maryland Motorcycle Accident Attorney Blog

Dangerous Toys Still Found on Store Shelves, Says PIRG

November 24, 2010 | Lebowitz & Mzhen

The US Public Interest Research Group has published its 25th annual toy safety report called “Trouble in Toyland.” The group is warning buyers to watch out for potentially dangerous or toxic toys that will be available on store shelves this holiday season.

Also, among the study’s findings:
• Choking is still the leading cause of toy-related deaths in the US.
• Despite the recall of millions of toys because of high levels of lead, there may still be children’s jewelry and toys being sold that contain unacceptable levels of lead.

• Even though there is now a ban on three classes of phthalates in kids’ products, PIRG still found products containing levels of phthalates that were too high.

Our Washington DC child injury lawyers know how much care you invest in protecting your child and we aware that it can be incredibly upsetting to discover that your son or daughter became sick, got hurt, or died because a manufacturer made a defective or dangerous toy.

Recently, World Against Toys Causing Harm (WATCH) Inc. put out its 2010 list of 10 Worst Toys:

• Buzz Magnets: Small magnet pieces can pose a choking hazard. If the magnets are swallowed, they can cause serious internal injuries.

• Spy Gear Split-Blaster: Darts used by this toy can cause serious eye injuries.

• Kung Fu Panda Sword of Heroes: The sword’s hard plastic can cause serious injuries upon impact.

• Big Bang Rocket: Loud noise made by the toy rocket can potentially cause hearing damage.

• Supasplat Splatblaster: High velocity toy gun can cause eye, facial, and other injuries.

• Animal Alley Pony: Fiber-like hair on the ponies can pose an aspiration or ingestion hazard.

• Walkaroo II Aluminum Stilts: WATCH questions whether it is realistic to expect kids as young as age 5 to stay balanced on the stilts. May cause head or other injuries during a fall.

• My First Mini Cycle: Can pose a head injury risk if toddler riding it falls off. Helmet use is strongly recommended.

• Ballzillion Tug Boat Play Center: Can cause injury or death if used as a flotation device.

• Pull Along Caterpillar: The breakaway pull string can pose a choking hazard to babies.

Trouble in Toyland: The 25th Annual Survey of Toy Safety, US PIRG, November 23, 2010
Trouble in Toyland: This Year’s Dangerous Toys, Fox 8, November 23, 2010
WATCH’s 10 most dangerous toys, Boston.com
Related Web Resources:

Read PIRG’s Report (PDF)

World Against Toys Causing Harm

Maryland Accident Law Blog

71-Year-Old Dies in Hit-and-Run Washington DC Pedestrian Accident

November 18, 2010 | Lebowitz & Mzhen

Police have charged Michael Glover with negligent homicide in the Washington DC pedestrian accident death of Duffie Claridy, a 71-year-old man who went for a walk but failed to return to his Southeast home.

Claridy, who suffered from Alzheimer’s disease, was found by the authorities on the 2900 block of South Capitol Street SW at almost 1 am on November 8.The elderly pedestrian had been fatally struck by a car that did not stop at the Washington DC traffic crash site.

To “hit and run” is against the law. A DC car accident victim or an injured pedestrian who might otherwise have been saved if medical help had been called right away could end up dying because a motorist involved opted to flee the crash site rather than call the police and/or an ambulance.

Elderly Pedestrians

According to the US Department of Transportation, the chances of dying from injuries sustained during a pedestrian accident goes up with the older the victim. Senior pedestrians, ages 65 and above, have a two to eight times greater chance of dying than do younger pedestrians. In 1994, 15% of pedestrians in the senior age group who were struck by a car died from his/her injuries—that’s 1,249 senior pedestrians. 6,850 elderly pedestrians sustained injuries.

Washington DC Wrongful Death

Losing someone you love is never easy—especially if in an accident or under other circumstances that could have been prevented were it not for the other party’s negligence or carelessness.

Michael Glover charged in the death of Duffie Claridy in Washington, DC, Oye Times, November 13, 2010
Police say man charged with in hit-and-run death of SE Washington resident, The Washington Post, November 12, 2010
Focusing on Senior Pedestrians, US DOT
Related Web Resources:
Elderly Pedestrians, WalkingInfo.org

District of Columbia DMV

Maryland Car Accident Attorney Blog

Pedestrian Accidents, Washington DC Injury Lawyer Blog

Washington DC Personal Injury: Drowsy Driving Accountable for 17% of US Traffic Crashes

November 16, 2010 | Lebowitz & Mzhen

According to the AAA Foundation for Traffic Safety, 17% of deadly US traffic crashes involved drowsy driving. Yet, according to its recent study, 41% of those surveyed admit to having driven while drowsy. The National Highway Traffic Safety Administration says that falling asleep while driving accounts for 1,550 deaths a year—not to mention over 100,000 traffic crashes and 71,000 injuries.

A drowsy driver that causes a traffic crash that results in injuries or death can be held liable for Washington DC personal injury or wrongful death. One major problem is that many people don’t realize that driving while drowsy can be as dangerous as driving while drunk. Blurred vision, slowed reflexes, delayed reaction time, cloudy thinking, and the possibility of falling unconscious are symptoms that are used to describe both drunk drivers and drowsy drivers. Yet many people don’t realize the similarities and proceed to drive when exhausted.

Some of the AAA study’s findings:

In D.C., Personal Injury Cases Must be Brought Within Certain Deadlines

November 15, 2010 | Lebowitz & Mzhen

Under this country’s judicial system, people injured due to another’s negligence have a limited time to file a negligence lawsuit against a person or corporation. The time limits are collectively known as ‘statutes of limitation.’ Many people may be aware of the laws from watching legal-themed television shows. One of the rationales behind imposing time limitations for the filing of a lawsuit is to allow the defendant’s preparation of a defense without evidence being lost due to the death of witnesses or the loss of other documents or materials that may support a defense to the case. Another reason for the time limits is to allow a defendant certainty and to avoid the defendant being sued so long after an event that such a process seems unfair.

Pursuant to D.C. Code § 12-301, a potential plaintiff must usually bring a negligence case within three years from the date of the incident. This means that a D.C. car accident case must be filed within three years after the date of the accident. If an automobile accident case is filed even a day late, the court will dismiss the action and leave the plaintiff unable to recover for his or her harms and losses.

In addition, special rules apply is if a person is harmed by the negligence of the District, or one of its employees.

D.C. Code § 12-309 states that a plaintiff cannot pursue a claim against the District of Columbia government unless the claimant gives notice to the Mayor’s Office within 180 days of the event. The notice must contain certain important pieces of information the District needs to determine its potential liability. If a person fails to provide this notice in a timely manner, he or she will most likely not be able to hold the District or its employees responsible for the harms and losses imposed.

The D.C. statutes of limitations highlight the importance of acting promptly when a person sustains injury due to another’s negligence.

$10 Million Washington DC Injuries to a Minor Settlement to Go to Boy Who Sustained Catastrophic Brain Damage During Foster Care Beating

November 9, 2010 | Lebowitz & Mzhen

The District has agreed to pay $10 million over the catastrophic beating of a young boy at the hands of his foster mother. The child, Rafael Pearson, sustained a massive brain injury from the assaults.

Pearson, whose biological mother was suffering from drug addiction, was just a few days old when he was placed in the hands of foster mom Tanya Jenkins. 46 days later, he was nearly dead after she had severely shaken and beaten him. Pearson ended up on life support for days.

Today, he remains profoundly disabled and will require 24-hour care for the rest of his life. The young boy will eventually go live at his grandmother’s home where an elevator will have to be installed. The DC child injury settlement will be paid out in 3 installments and is there to provide for his medical care for the rest of his life.

Washington DC Pedestrian Accidents At Higher Risk of Occurring After Daylight Saving Time Ends

November 5, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, there is a higher risk of pedestrian accidents occurring after Daylight Saving Time has ended. Daylight Saving Time will be over for the year on Sunday and clocks will be turned back one hour.

Adjusting to the new low-light environment can take time, and NHTSA is warning motorists and pedestrians to exercise more caution so as prevent pedestrian accidents from happening.

For motorists, NHTSA is recommending that you:
• Make sure your windows, windshield, and mirrors are clean and free of frost or fog.
• Slow down.

• Don’t assume that a pedestrian knows that you are there.

NHTSA is recommending that pedestrians:
• Look before crossing the street—even if the traffic light indicates that you can go ahead and you are at a pedestrian crosswalk.
• Avoid crossing between parked vehicles.
• Avoid jaywalking.
• Walk on sidewalks.
• Face traffic when walking on the street.

• Do not assume that a motorist can sees you.

Of 4,092 people killed in US pedestrian accidents last year, 25% died between 4pm and 8pm when there was less light out. 13% of the pedestrian fatalities took place between 4am and 8am.

Our Washington DC pedestrian accident lawyers know that it can be tough to recover from injuries sustained in a traffic crash. Also, medical costs and recovery expenses can take their financial toll. There may be a negligent motorist or another party who should be held liable for your DC personal injury or a loved one’s wrongful death.

Consumer Advisory: As Daylight Saving Time Ends, NHTSA Cautions Drivers on Increased Pedestrian Risk, NHTSA, November 5, 2010
Car Accidents with Pedestrians, Nolo
Related Web Resources:

DC Pedestrian

Q&As: Pedestrians, Insurance Institute for Highway Safety

Maryland Accident Law Blog

Maryland Car Accident Attorney Blog

Escalator Malfunction at DC Metro Station Injures Four

October 31, 2010 | Lebowitz & Mzhen

Four people were transported to the hospital on Saturday following a Washington DC escalator accident at the L’Enfant Plaza Metro station stop. Officials are trying to determine what happened.

The escalator injuries sustained by the victims are reportedly non-life threatening. However, according to MyFox.com, one person who was hurt says that 19 people reportedly ended up in a pile after they were thrown off the moving staircase when it suddenly accelerated out-of-control. Wtop.com quotes one witness as describing the incident as a “frightening carnival ride.” Another witness to the Washington DC injury accident noted the smell of “burning brakes.”
Escalator Accidents

Every day, hundreds of millions of people in this country ride escalators. In a 2005 CBS.com article, the news outlet reported that approximately 10,000 people a year end up in hospital emergency rooms because of escalator accidents. Some of these incidents have proven fatal.

Common causes of escalator accidents:
• Design flaws
• Escalator malfunction
• Manufacturing defect
• Missing escalator parts
• Step collapse
• Inadequate maintenance
• Installation errors
• Missing escalator teeth
• Worn escalator belt

Elderly seniors and young children are at higher risk of injury than teens and adults of becoming involved in and getting hurt during an escalator accident. Fall accidents, trip and fall accidents, and hand and foot entrapment accidents are some examples of accidents that can occur on an escalator. Broken bones, head injuries, asphyxiation injuries (from the victim’s clothing getting stuck in the escalator), head injuries, serious hand and foot injuries, and wrongful death can occur.

Questions remain after Metro escalator accident, wtop, November 1, 2010
4 Hurt in Metro Escalator Accident, MyFoxDC, November 1, 2010
Related Web Resources:
Deaths and Injuries Involving Elevators and Escalators, ELCOSH.org
Escalator Injury Articles, Science Daily
Washington Metropolitan Area Transit Authority

Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old’s Death

October 28, 2010 | Lebowitz & Mzhen

The US Consumer Product Safety Commission wants parents and caregivers to know that placing a baby audio and video monitor cord too close to a crib can create a strangulation hazard for kids. It was just in March that 10-month old died in a Washington DC strangulation accident when she became entangled in the camera monitor cord.

According to the Savannah Caroline’s parents, Charlie Pereira and Lisa Rushton, their daughter grabbed for the monitor, which had been placed out of her reach, pulling the device into the crib with her. Although a recall has not been issued, the CPSC is cautioning adults and guardians to be careful and make sure the monitor is far away from a child’s grasp.

The CPSC says it has received six infant death reports involving this type of monitor since 2004. There have also been reports of three babies who became entangled in the cord but were rescued before they suffered serious injuries.

According to experts, kids and cords together can create a dangerous situation. Entanglement, choking, and strangulation can occur. The CPCS is offering a number of recommendations for how to make sure that your child doesn’t accidentally get caught in any type of cord:

• Use a wireless baby monitor.
• If you are using a corded monitor, keep the monitor and cord away from children.
• Keep other cords, such as drapery cords, lamp cords, and other electrical cords away from your child.

• Any type of long material (for example, long drawstrings on a piece of clothing) that your child can get entangled in may pose a strangulation hazard.

Product manufacturers can be held liable for products liability if their product is designed in such a manner that can cause injuries. Product malfunction and failure to warn of a hazard can also be grounds for a Washington DC products liability case.

Parents Say Baby Monitor To Blame For Daughter’s Death, ClickOnDetroit, October 21, 2010
Keep Baby Monitor Cords Out of Reach, CPSC, October 12, 2010
Related Web Resources:
Most Childhood Injuries Occur at Home, The Children’s Hospital
Children’s Safety Network