Washington DC Injury Lawyer Blog

US DOT Cracks Down on Drunk Driving to Decrease Number of Car Accidents

August 31, 2010 | Lebowitz & Mzhen

Through Labor Day, a nationwide campaign will be in effect to discourage people from driving drunk. The U.S. Department of Transportation launched the yearly campaign on August 25th. Drunk Driving. Over the Limit. Under Arrest. is geared towards getting drunken motorists off the road. Thousands of police agencies across the US are taking part. It is important that motorists drive carefully to avoid causing Washington DC car accidents.

The National Highway Traffic Safety Administration says that up to 17 million people have driven while inebriated in the last year. The NHTSA surveyed 6,999 people in 2008. Among its findings:

• 20% had driven within two hours of having an alcoholic drink.

Admitting Medical Mistakes Doesn’t Increase the Likelihood that a Patient Will File a Medical Malpractice Case, Says Study

August 29, 2010 | Lebowitz & Mzhen

A study on the University of Michigan Health System’s disclosure-with-offer program has found that admitting medical errors and then offering timely compensation for resulting injuries does not increase the chances that a patient will file a medical malpractice lawsuit. Instead, what the program has found is that the health system has been received less medical malpractice complaints, obtained faster resolution of cases, and achieved lower liability costs.

Unfortunately, not all medical providers and professionals are as forthcoming. Frequently, doctors and hospitals and their insurers will try to combat any allegations of medical negligence while attempting to minimize financial liability.

This is why it is important that you are represented by an experienced Washington DC medical malpractice law firm that will protect your right to receive the maximum in damages that you and your family are owed.

Medical professionals owe patients a certain duty of care and even the simplest medical mistake can prove catastrophic. Milliman Inc. found, in a study commissioned by the Society of Actuaries, that almost 1.5 million medical errors in the 2008 cost the US economy $19.5 billion. $17 billion of this came from outpatient, inpatient, and prescription drug services for individuals that were affected by medical mistakes.

Yet medical mistakes continue to happen. The American Medical Association recently reported that for every 100 US physicians, 95 medical malpractice claims are submitted.

You have three years from the time of injury to file your Washington DC medical malpractice lawsuit.

New AMA Report Finds 95 Medical Liability Claims Filed for Every 100 Physicians, American Medical Association, August 3, 2010

Medical Liability Claim Frequency: A 2007-2008 Snapshot of Physicians, AMA (PDF)

Report: 95 medical liability claims filed for every 100 physicians, HealthCare Finance News, August 4, 2010
Related Web Resources:
Symptoms and Medical Malpractice, Wrong Diagnosis
Medical Malpractice, Nolo

DC Metro Assault Crimes: Does WMATA Provide Adequate Security?

August 27, 2010 | Lebowitz & Mzhen

Two adult males say they were assaulted on a Green Line train that was going to Branch Avenue. Metro Police arrived at L’Enfant Plaza Station early Thursday following the alleged incident.

According to the Washington Post, one witness says that when the train arrived at the station and the doors opened, one man was on the ground. Another victim was being beaten by another man.

This assault incident comes just a few weeks after at least four people suffered injuries during a brawl involving 70 people that began in rail car and moved onto the platform at the L’Enfant Plaza Station on August 6. Metro Transit Police say the dispute occurred as young people boarded the train to abide by the 11pm youth curfew. Two juveniles were arrested.

It was just earlier this summer that several boys beat a teenager unconscious over a pair of Air Jordan shoes. The fight took place at Union Station.

With the school year about to kick off, more transit officers are expected to ride the DC Metro to keep a watch on students.

Washington DC Premises Liability

Property owners are supposed to ensure there is adequate security to prevent violent crimes from occurring on their premise. Failure to provide that security—especially when there has been a history of violent crimes—can be grounds for a Washington DC injury case. Additional security guards, regular security patrols, surveillance cameras, proper lighting, crowd control measures, and emergency alarm devices are just some examples of measures a property owner can take to make a premise safer for others.

2 men injured after late-night assault on Green Line train, The Washington Post, August 27, 2010
Youth Metro brawl leaves 5 in hospital, countless others injured, Examiner, August 9, 2010
3 Charged, 4 to Hospital, in 70-Person Brawl at L’Enfant Metro, ABC7, August 7, 2010
Related Web Resources:

Washington Metropolitan Transit Authority

Crime Statistics, WMATA
Premises Liability, Justia

Washington DC Injuries to Children: Banning Drop-Side Cribs

August 17, 2010 | Lebowitz & Mzhen

Parents of infants and toddlers can breathe a little easier. The CPSC is working to ban drop-side cribs by next year. Not only did the federal agency vote last month to cease drop-side crib manufacture, sales, and resales, but also it approved proposed new mandatory crib standards and agreed that cribs with drop sides should removed from daycare centers and hotels. Proposed requirements for the construction of new crib include use of better wood, stronger hardware, and sturdier mattress support.

Drop-side cribs have been a danger to kids for some time. In just the last decade, at least 32 children have died while in drop-side cribs. 14 other crib deaths occurred during entrapment accidents that may have been caused by a drop side.

Although current federal safety rules considers any product that malfunctions or breaks repeatedly to be a defect, this hasn’t stopped 14 crib companies from being named in over 900 drop-side related incident reports, many involving child deaths and hundreds of injuries. In the last three years, alone, the CPSC has recalled over 10 million drop-side cribs because they pose fall, suffocation, and entrapment hazards to kids. According to USA Today Simplicity, Delta, and Stork Craft have been the three largest makers of drop-side cribs.

Our Washington DC products liability lawyers want to remind you that crib manufacturers can be held liable for any injuries to a minor sustained by your infant or toddler. We know how devastating it can be to discover that your child’s crib, one of the few places where you would leave your infant or toddler unattended, actually ended up becoming a cause of injury or death.

Ban on drop-side cribs coming soon from safety agency CPSC, USA Today, August 12, 2010
Government nears new standards for cribs, ban on drop-side cribs, CNN, July 15, 2010
CPSC Proposes New Rules for Full-Size and Non-Full-Size Cribs, CPSC, July 14, 2010
Related Web Resources:
Crib Recall 2010: Full List to Keep Your Kids Safe (Evenflo, Delta, Child Craft, Jardine, LaJobi, Million Dollar Baby, Simmons, CBS News, June 24, 2010
CPSC Recall List, Consumer Product Safety Commission

Emergency Beacon on Aircraft Transporting Former Senator Ted Stevens Did Not Emit Signal When Plane Crashed

August 12, 2010 | Lebowitz & Mzhen

According to the National Transportation Safety Board, the state-of-the-art emergency beacon aboard the plane carrying former Alaska Senator Ted Stevens did not go off as it should have when the tragic aviation accident happened on Monday afternoon. Rescue efforts did not begin until early that evening and survivors were forced to stay at the wreckage overnight.

The private plane, a de Havilland DHC-3 Otter , belonged to General Communications Inc., which was hosting a fishing trip for Stevens and the other passengers. The telecommunications company had registered an emergency beacon for the aircraft with the National Oceanic and Atmospheric Administration’s Search and Rescue Satellite Aided Tracking (SARSAT) system, but the program’s manager, Chris O’Connors, says that there is no evidence that a signal from the plane was sent to the satellites when the aircraft crashed into a mountain. The newest of the beacons are supposed to serve as emergency locator transponders that provide an accurate location of an emergency scene so that rescue efforts can start immediately.

Our Washington DC aviation accident lawyers know how tragic it is to lose someone you love in a plane crash. Although they occur less frequently than traffic crashes, aircraft accidents more often than not result in serious injuries and deaths. Aircraft malfunction, pilot error, poor weather, FAA negligence, and air traffic controller mistakes, are just some of the reasons why plane accidents happened.

In addition to Stevens, the others who died in Monday’s Alaska plane crash were GCI Senior Vice President Dana Tindall, 48, her daughter Corey, 16, former Stevens chief of staff and Washington DC lobbyist Bill Phillips, and pilot Terry Smith, 62. Those who survived the airplane crash with injuries are former NASA head Sean O’Keefe, his son Kevin, lobbyist Jim Morhard, 53, and Phillips’ son Willy, 13.

Stevens, 86, was Alaska’s US Senator for four decades. He was the Senate’s longest-serving Republican.

Plane’s emergency beacon failed in Alaska crash, USA Today, August 12, 2010
Bad weather delayed rescue in Alaska crash for 12 hours, CNN, August 10, 2010

Long, cold night for survivors after crash that killed Stevens, ADN, August 12, 2010
Related Web Resources:

Federal Aviation Administration

National Transportation Safety Board

Ted Stevens Dies at 86 (Obituary), New York Times, August 10, 2010

NTSB Meet in Washington DC to Talk About How To Prevent Tanker Truck Rollover Accidents

August 4, 2010 | Lebowitz & Mzhen

More than 9 months after a tanker truck drove off the free way, rolled over, and exploded into flames in Indianapolis, the National Traffic Safety Board met in Washington DC to discuss how to prevent more tanker rollover accidents form happening. Five people were injured in the truck crash involving a tanker transporting nearly 12,000 gallons of liquefied petroleum.

While tanker trucks make up 6% percent of the total number of large trucks in the US, 31% of all commercial truck rollover accidents involve tankers—that’s 1,265 US cargo tanker truck accidents a year. One reason for this is when the tanker turns, its center of gravity shifts, which cause the liquid being transported to also move. This can prove fatal in the event of a truck accident.

At the hearing yesterday, panelists talked about whether mandatory stability controls should be imposed on tuckers and if trailers and tractors should also meet such a requirement. Electronic stability systems would not only determine when the truck’s weight is about to shift, but the computer could automatically activate the breaks to help compensate for the weight change to prevent a rollover crash. The National Highway Traffic Safety Administration say that 106 lives could be saved and almost 3,500 rollover accidents prevented if trucks and trailers were forced to meet such a requirement. The panelists talked about how properly training tanker truck drivers charged with carrying such dangerous materials could help prevent some tanker truck accidents.

Over 100,000 loads a day are dispatched on tanker trucks. NHTSA intends to finish its examination of the benefits of stability control systems for trucks by year’s end.

Our Washington DC tanker truck accident lawyers are very familiar with the devastation that these crashes can wreak on the lives of the victims and their families.

NHTSA: New technology can prevent truck rollovers, AP/Richmond-Times Dispatch, August 3, 2010
Tractor trailer trucks facing madatory changes, WishTV, August 3, 2010

Related Web Resources:

National Transportation Safety Board

NHTSA

Trucking Accident Lawyer Blog

Washington DC Train Accident: NTSB Cites Systemic Problems Even Before the Metrorail Crash that Killed 9 People

July 27, 2010 | Lebowitz & Mzhen

According to the National Transportation Safety Board, Metro was experiencing systemic issues even before the June 2009 Washington DC train crash that left 9 people dead and injured at least 70 others. The Red Line collision, called the worst in Metrorail’s 34-year history, involved one transit train rear-ending another during rush hour. One train ended up jackknifing and falling on top of the other train.

The Metro’s tracks were not working properly at the time and did not automatically slow down the approaching train. This means that the train operator of that train was getting messages telling her that she could keep going at a speed of 55 mph. She applied the emergency brakes three seconds after seeing the other train. Although the brakes worked, this only gave the train enough time to slow down to 44mph by the time of impact. Now, NTSB Chairwoman Deborah A.P. Hersman is saying that Metro was on a collision course long before this train accident and that its safety system had already been compromised.

Prior to the June 2009 DC Metrorail accident, there had been other fatal crashes that had killed employees. Unfortunately, according to Hersman, Metro failed to implement the needed prevented measures after they happened.

Washington DC Pedestrian Accident Kills 11-Year-Old Boy in Georgetown

July 21, 2010 | Lebowitz & Mzhen

11-year-old Zachary Hodges has died. The boy passed away on July 12 one day after sustaining a severe head injury during a Georgetown pedestrian accident in Washington DC.

The woman whose car struck Hodges did not sustain any injuries. Following the Washington DC pedestrian accident site, the driver and her passenger stayed at the crash site.

Hodges is not from the area. His family was in Washington DC for a visit when the tragic accident occurred.

Child Pedestrians

Young children are at high risk of becoming involved in a pedestrian accident. Not only are they smaller and harder for some motorists to see, but they lack the judgment to known when it is safe to cross the street, sometimes opting to run into the road to pick up a ball or get to their friends who are playing on the opposite sidewalk. Many young children have no real sense that crossing the street can be dangerous. They may have a hard time gauging how fast a car is moving or whether there is enough time to cross the road before they are hit by a motor vehicle.

Although parents are responsible for training their child to safely cross the street and making sure that younger kids do not cross the street without adult supervision, it is still a motorist’s responsibility to drive safely, obey the traffic laws, and refrain from negligent or careless driving so that they don’t accidentally injure a pedestrian.

Name Of Texas Boy Killed In D.C. Auto-Pedestrian Accident Released, KWTX, July 13, 2010
Boy struck by car in Georgetown dies, The Washington Post, July 12, 2010
Related Web Resources:
Educating Child Pedestrians, WalkingInfo

District Department of Transportation

Maryland Accident Law Blog

$20 Million Washington DC Wrongful Death Case is Next for Three Men Acquitted of Covering Up Dupont Circle Murder

July 19, 2010 | Lebowitz & Mzhen

Although Dylan Ward, Victor Zaborsky, and Joseph Price have been acquitted on charges that that they covered up the 2006 murder of DC lawyer Robert Wone, their legal troubles are far from over. They now must deal with a $20 million Washington DC wrongful death lawsuit accusing them of negligence, conspiracy, and spoliation of evidence.

Wone, a 32-year-old attorney for Radio Free Asia, was stabbed three times in the chest on August 2, 2006 at the DuPont Circle house shared by Ward, Price, and Zaborsky, who are in a polyamorous relationship with each other. The three defendants have always said that an unknown intruder murdered Wone. However, no evidence of a break-in has ever been found and no one was ever charged with murdering Wone.

Zaborsky, Ward, and Price were acquitted of the charges of conspiracy, obstruction of justice, and evidence tampering. However, that doesn’t mean that Wone’s widow, Katherine, doesn’t have a good chance of collecting Washington DC wrongful death recovery from them.

Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool

July 12, 2010 | Lebowitz & Mzhen

A Washington DC drowning accident has claimed the life of a young girl. The six-year-old girl who was pulled from a Turkey Thicket Recreation Center pool on June 23 was later pronounced dead at Children’s National Medical Center.

Bystanders performed cardiopulmonary resuscitation on the victim while waiting for fire and rescue officials to arrive. A lifeguard was on duty when the girl drowned.

Witnesses say the girl jumped into the deep end from the diving board and that at the time the pool was very crowded. According to reports, it was the next person to get on the diving board who notified the lifeguard that the young girl was at the pool bottom. The pool is about 12-feet deep.

Child Drowning Facts (CDC):

• There were 3,443 accidental drowning deaths in the US in 2007.
• More than one in every five drowning deaths are kids from the 14 and under age group.
• For every child drowning death, four other children will have received emergency medical care for their drowning injuries.

• Drowning injuries can result in permanent brain damage.

Reasons why a pool drowning victim or his/her family may have grounds for a Washington DC personal injury or wrongful death claim:

• Inadequate safety equipment
• Lack of supervision by a lifeguard or a qualified adult
• Failure to warn that there is no lifeguard on duty
• Improper maintenance
• Improperly attached ladders
• Maryland slip and fall hazards
• Improperly installed diving boards
• Failure to clean the pool properly, which can make it hard to see anyone who may be drowning
• Failure install the regulation pool drain that is now mandated by law
• Failure to secure/lock pool area during off hours
6-year-old drowns in NE D.C. public pool, Washington Post, June 23, 2010
Young Girl Drowns At DC Rec Center Pool, WUSA9, June 23, 2010
Unintentional Drowning: Fact Sheet, CDC
Related Web Resources:

Turkey Thicket Recreation Center

Pool and Spa Safety Publications, Consumer Product Safety Commission

Maryland Accident Law Blog