Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

Up until about a week ago, we had no idea that the Washington, D.C. subway system was the second busiest in the country. We think we can be forgiven for expressing surprise when we found this out. The car traffic in Washington, D.C. is some of the worst in the country, both in terms of gridlock and in terms of car accidents, so if you happen to spend a lot of time on the highways in Maryland, D.C. or Virginia, it would be reasonable to make the assumption that D.C. doesn’t have a busy subway system.

But we do have a subway system, and it is the second busiest, and we found this out while reading an article in the Washington Post, in which the Federal Transit Administration delivered its report on Metro safety to members of the Senate and Congress who served the D.C. metropolitan area.

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Many car accidents have causes that are based on the driver’s negligence. For instance, a driver might run a red light or run a stop sign because he was sending a text message and wasn’t paying attention. Some accidents have causes that are environmental, like when someone is driving responsibly but the car hits a patch of black ice. Other accidents involve purely random occurrences, like when a driver swerves to avoid a pedestrian or animal that has darted out onto the road.

But lately there have been a slew of accidents in this country, with some of them being fatal, and the cause has nothing to do with the driver, or the environment, or carelessness on the part of pedestrians or animals. These car accidents are taking place because of the systemic malfunction of a large number of Toyota makes and models.

The numbers of failures in crucial systems such as brakes, acceleration and steering are unprecedented. There have certainly been automotive safety recalls, but as far as we can remember, there has never been an event where multiple models from one manufacturer have experienced multiple safety failures all at the same time. A recall normally involves one problem with a few models at most. In Toyota’s case, the problems involved practically their entire line of automobiles, from hybrids to sedans to pickup trucks to SUV’s.

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The Washington, D.C. mass transit system is not as safe as it should be. We wish we could believe differently, but we can’t. The overall number of accidents, injuries and fatalities over the past few years is the sort of number that you would expect from a transit system in a third world country without proper safety regulations, and certainly not from the transit system of the capitol city in the United States of America.

It isn’t just the disastrous Red Line accident in July that we are referring to. The past few years the dc metro system has experienced an extensive list of injuries and deaths on both the subway and bus lines, plus several maintenance incidents which underscore how our dc metro transit system is badly in need of upgrade or repair. We have to wonder about the commitment of the people who are in charge of our dc metro transit system.

The most recent tragic event was the death of two Metro workers who were killed by a large equipment truck that was backing down the track. The two workers were not new to the job. Jeff Garrard had been working at his position for WMATA for twenty years, and Sung Duk Oh had been on the job for twelve. With that much experience on the job they had to have known what was considered safe behavior and what wasn’t. According to an article in the Washington Post, Mr. Garrard left behind a wife and daughter, both of whom have congenital heart defects, and Mr. Oh had a family as well.

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A lot of people seem to have somewhat of a blind spot when it comes to personal behavior. You would be surprised at the number of folks who will read about a drunk driving accident, mutter “these people ought to know better” under their breath, and then go out and drive after having a few drinks.

There is a real sense of “it won’t happen to me” among people who drive after they drink. It’s a sense of invincibility that they keep right up until the point where they get arrested, or worse. We know this because we often find ourselves representing the victims of drunk drivers, who always seem to have thought that only other people are dangerous when they get behind the wheel.

A lot of this might have to do with the fact that alcohol lowers inhibitions, which makes those who drink a lot more confident in their abilities than they normally would be. Or it might have something to do with the myths that surround alcohol use. There are still people who believe that there is a way to instantly make a person “not drunk,” or that one form of alcohol is somehow less potent than another.

You have three choices on New Year’s Eve: Don’t drink at all, take a cab, or ride with someone who doesn’t drink. Getting behind the wheel after taking even one drink can lower your reflexes and dull your reaction time. In fact, impairment begins after just one serving of alcohol. According to the Department of Health and Human Services:

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Pedestrian accidents are something to take very seriously. The average weight of a passenger car is 3239 pounds, and even a car traveling just ten miles an hour can do severe damage to an unprotected human being.  D.C. is no stranger to pedestrians getting hit by cars. Just two years ago we broke a ten year record for fatal pedestrian accidents in the District, with 27 people struck and killed by automobiles.

At around that same time, The Washington Post put out a list of the most dangerous intersections for pedestrians in Washington, DC. Considering how many of us actually walk in this city, and considering the D.C. area’s reputation for traffic, we view this as practical information. You should also consider that with cell phones, text messaging, iPods and even television sets in automobiles, more and more drivers are spending less time with their eyes on the roads.

We found some particularly bits of information in this article that were surprising, and some that were not. For instance, it isn’t much of a surprise that over half of these dangerous intersections were in Northwest D.C. This is where the White House, Smithsonian, Capital Building and most of the major monuments are, which means that this is where most of the tourists congregate. Adams Morgan and U Street are also in Northwest, and if you are a D.C. native you probably already know how crowded with pedestrians these neighborhoods get on weekend nights.

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The holiday season is upon us, which means that we can expect all of the traditional trappings that go with it, both positive and negative. We can expect moments spent with friends and family; we can expect cold weather, and we can expect homes decked with bright lights and festive decorations. We can also expect crowded shopping malls, heavier than normal traffic and the majority of our population rushing around even more so than usual.

We can also attend the traditional round of holiday parties. Office parties, celebrations with friends and relatives, and parties at churches, social groups and charities are all a big part of the holiday season. The general sense of holiday festivities can encourage those who generally abstain from drinking alcohol to have a drink or two. And for those who make a habit out of drinking, the holiday season gives them every excuse to cut loose and drink even more.

This would simply be a matter of personal preference if it weren’t for the fact that we all have to share the roads with other drivers. And those of us who exercise personal responsibility and obey the law when we don’t drink and drive are not immune to the actions of those who don’t. This premise is true for all twelve months of the year, but it takes on a certain urgency during December. It is for this reason that the Center for Disease Control and Prevention has declared December National Drunk and Drugged Driving Prevention Month. According to the CDC, over 1.4 million drivers were arrested over a period of one year for driving while under the influence of drugs or alcohol, and these were only the people who were caught. The CDC further claims that in that same year there were 159 million self reported instances of drunk driving, so the arrests only count for around 1% of the actual number of people who recklessly take to the roads after drinking and driving.

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 Understanding Negligence

Laws are supposed to be universal. If you take a look at the U.S. Constitution or the laws on the books of any particular state, you won’t find any disclaimers or asterisks. There won’t be any fine print on laws regarding theft, murder, or even jaywalking for that matter. The most important premise of every single law that exists in the United States is that they apply to everybody.

This is why we were pleased about the judgment that was handed down on Thursday to the family of a University of Maryland student who was killed when an off-duty police officer slammed into his car at 50 mph.

Bear in mind that this accident didn’t happen on the highway. This occurred on a placid suburban street where the speed limit was 25 mph. Brian Gray, the driver of the car that was hit, was pronounced dead at a hospital five hours later.

What made this tragedy even worse was that the victim’s mother was a few car lengths behind her son, and was essentially a witness to his death.

The attorneys for Cpl. Mario Chavez of the Prince Georges County Police Department were attempting to make the argument that the reason the accident happened was because Brian Gray did not properly yield at a stop sign before making a left turn, but according to witnesses Mr. Gray had come to a complete stop before going out into the intersection. The strategy of Cpl. Chavez’ attorneys was to introduce the idea of contributory negligence, which essentially means that the Mr. Gray was at least partially responsible for the harm that he suffered because he did not yield at a stop sign.  (To learn about negligence law, please read our negligence page.)

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On Wednesday night, President Obama gave a speech to a joint session of Congress in which he discussed the importance of overhauling our health care system. The timing of the speech couldn’t have been better, especially considering how contentious the debate has been over the previous month. August has been loaded with screaming at town hall meetings, protests where people are carrying guns, violent and frightening rhetoric and some pretty wild claims.

The President’s speech was a fairly concise one, at least in terms of outlining what he expected this plan to do and how much he expected it to cost. There are a few details that need to be hammered out, but the President made it clear that he is open to suggestions and negotiations.

As is the custom, the opposing party was given the opportunity to deliver a response to the President’s speech, and to deliver their side of things they chose Louisiana Congressman Charles Boustany, who offered a speech that was fairly measured in comparison to some of the protestors out there this summer, or even in comparison to some of his compatriots who were in the audience during Obama’s speech.

But what we found indicative of the Republican’s stance on health care reform was that the man they chose to deliver their rebuttal is a heart surgeon who has been sued for malpractice three times. After all, who better to articulate the Republican platform of “tort reform, tort reform and more tort reform” more than someone who would benefit greatly from it?

Dr. Boustany said during his response, “We’re grateful the president mentioned medical liability reform and we hope he’s serious,” adding: “we need to establish tough liability reform standards” and discourage “junk lawsuits.”

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It’s quite possible that you might be the safest driver in the United States. You might always obey the speed limit, you might always drive defensively, you might never talk on your cell phone while you are behind the wheel, you might always be aware of your surroundings and you might have never gotten so much as a parking ticket in your entire life.

All of that would be fine if it weren’t for the fact that you happen to share the road with other drivers, many of whom don’t even take the bare minimum of precautions when they get behind the wheel. As attorneys who help car accident victims in the D.C. area, we can tell you with great certainty that while safe driving helps, it’s no guarantee that you won’t get into an accident.

This is why we are not only advocates of safe driving, but also safe cars. An automobile that is built specifically for safety could be the difference between an accident that you walk away from and an accident that changes your life completely. It’s for that reason that we think safety ratings should be a priority when you are in the market for a new car.

Every year, the National Highway Traffic Safety Administration tests every new model of car that is sold on the American market, and by “test,” we mean that they wreck them in every conceivable way. They slam them into brick walls, they hit them with other cars, and they drive them at high speeds with the sole intention of forcing them to roll over.

What follows is a list compiled by Forbes Magazine of the some of the least safe cars of 2009. It is our hope that you will keep this list in mind when you go out to buy a car.

Chevrolet Aveo: We’re big fans of cars that get good mileage, and at 34 mpg on the highway the Aveo certainly qualifies. But saving money at the gas pump won’t keep you from getting hurt in a side or rear collision. And apparently, neither will the Aveo. The NHTSA rated its side collision protection “marginal” and its rear collision “poor.”

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The Reddest Herring in the Health Care Debate

It’s impossible to turn on the news without coming across the angry crowds at these town meetings. The national temper is certainly hot. And while we can certainly concede that there are some valid arguments to be made, we have noticed that quite a few of the arguments are based on deliberate half truths and misinformation, many of which seem to be pandering to the worst in us.

The most obvious of these would be the “death panels” argument, which essentially accuses the government of wanting to establish a policy of enforced euthanasia for the elderly and the terminally ill. There is also the rumor that health care reform will offer free medical care to illegal aliens, which is both untrue and a very convenient way to turn health care reform into a matter of race.

In comparison to these delusional rantings, some of the other arguments seem to be based on Planet Earth, but that doesn’t make them any more accurate. For instance, we are seeing more and more “Tort Reform Now!” placards showing up at these town hall meetings, and while we prefer those vastly to the signs that show President Obama with a Hitler mustache, we can say with great certainty that, as it pertains to health care, tort reform is as much of a red herring as death panels or free care to illegal aliens.

What the tort reform people are demanding is caps on medical malpractice damages, which has about as much to do with your health insurance as fire insurance has to do with drowning. Medical malpractice insurance companies have absolutely nothing to do with Aetna, Blue Cross/Blue Shield or United Healthcare. The premiums that malpractice insurers charge doctors have absolutely nothing to do with the amount that you are paying for your health care premiums, and everything to do with the malpractice insurers maintaining healthy profit margins.

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Dram Shop Laws – Should We Have Them in Maryland, DC and Virginia?

Alcohol doesn’t grow on trees.  Nor is it sold in vending machines or hawked at lemonade stands. In order to buy alcohol, you have to walk into a bar or liquor store that has been licensed to sell it by the state. This is how it is in every state of the union.  

There is a good reason for this.  Alcohol is an intoxicating beverage, as we’re sure all of you are well aware.  In high enough doses, it can quite easily be fatal.  It seems that every year more and more teenagers or fraternity pledges find this out the hard way.  But even in less than fatal doses, alcohol still alters behavior and reflexes.  People who have been drinking often behave in ways that would never occur to them when they are sober.  And quite often, it isn’t just themselves they hurt.  Drunk people get into fights, or people abuse their significant others, people pass out in public places, people think it’s a good idea to walk along the hand railing of a bridge, etc. etc.

In short, alcohol is not something that should be easily available.  It should be as difficult as possible for those who are underage to get, and its sale should be forbidden to those who are already visibly intoxicated.  Those who sell alcohol should be fully aware of the unpredictability of those who drink it, and they should further be expected to sell alcohol in a responsible manner, whether they are bartenders or liquor store clerks.

It is because of these expectations that most states have what are called dram shop laws. The idea behind these laws is that if a bartender or liquor store owner continues to serve or sell alcohol to someone who is visibly and obviously intoxicated, then that bartender or liquor store owner should have to shoulder some of the responsibility when that intoxicated person causes damage, pain and suffering to others.

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Automobiles have dozens of safety features built right in. Seatbelts and airbags are standard on practically every vehicle on the current market. Cars have anti-lock brakes, crumple zones, and steering wheels that collapse in the event of a car accident.

Driving cars has become much easier as well. There is power steering, power brakes, GPS systems that tell you exactly where you are going, and cruise control for highway driving, which allows you to maintain a rate of speed automatically without putting your foot on the gas.

Most vehicles have fairly expansive entertainment systems, with CD players and docks for an iPod or mp3 player, while some of the higher end vehicles come equipped with DVD players and television screens.

But what none of these cars have is the ability to drive themselves, and that seems like it should be a priority for the Research and Development departments of automakers. The reason that we believe this is a necessity is because these days, drivers are so distracted with CD players, GPS systems, DVD players, iPods and cell phones that they are paying attention to everything except keeping their cars on the road.

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June 24, 2009

Reprinted from The Washington Times, in the "news/local -- Local" section.

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“The Metro train car that slammed into another on the Red Line yesterday evening was two months past due for scheduled maintenance on its brakes, and the car was an older model that federal officials had recommended be replaced because of concerns about its safety in a crash, officials said today.” – Washington Post, 6/23/09

There isn’t a lot to say about this just yet. The National Transportation Safety Board is still examining the wreckage of the two trains at the time of this writing, so we don’t know whether or not the two months lateness on the brakes of the car was a factor or not.

In fact, the reports are varying. In this morning’s Washington Post, staff writer Lyndsey Layton wrote the following:

“Experts familiar with Metro's operations focused last night on a failure of the signal system and operator error as likely causes of yesterday's fatal Red Line crash….Metro was designed with a fail-safe computerized signal system that is supposed to prevent trains from colliding. The agency's trains are run by onboard computers that control speed and braking. Another electronic system detects the position of trains to maintain a safe distance between them. If they get too close, the computers automatically apply the brakes, stopping the trains.”

It seems obvious now that the “fail-safe” system was anything but. And we still don’t know what role driver error had in the crash. The operator of the train that hit the stopped car was killed, but the driver who stopped is scheduled to be interviewed at the time of this writing, so there might be some answers there.

But in the meantime, what everyone in the D.C. area has to contend with is the fact that nine people are dead, among them a former Commanding General of the D.C. National Guard. There is also the fact that seventy-six people were injured, in ways ranging from minor to critical.

The best that we can hope for right now is that the people who were injured are able to make full recoveries as soon as possible. And we also hope that whatever recommendations that the NTSB comes up with after their investigation are fully implemented.

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Understanding Auto Insurance Coverage

Considering how easy it is to buy insurance these days, it isn’t surprising that many people aren’t familiar with what their policies actually cover. Many people apply for and receive insurance online, or over the phone, and when they get their policies they simply place the policy in a filing cabinet without even reading it. And even if they do read it, they have to dig through pages and pages of dense legal jargon that they probably won’t understand.

As a result, many Americans have the wrong idea of what sort of insurance they have, or what sort of accidents or incidents will be covered under their policy. The consequences of this lack of understanding can range from annoying (having to go out of pocket for car repairs) to financially devastating (finding that your insurance will not cover the majority of your medical bills.)

Your best defense against getting one of those uncomfortable surprises is to KNOW rather than ASSUME what sort of coverage your policy provides. To that end, here is a list of the types of coverage that are on most regular auto insurance policies and what they mean.

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One hundred and eighty BILLION dollars.

That amount of money is so large that many of us can’t even comprehend it. It is an amount of money that dwarfs what any of us can expect to make in our lifetimes, or our children’s lifetimes, or our grandchildren’s lifetimes, and so on and so on.

This is the amount of money that was given by the U.S. government to American International Group, one of the largest insurance brokers in the world. This taxpayer bailout was given to AIG in order to keep it solvent.

If you are wondering why we have to foot the bill of a dying insurance company, the short answer is that AIG doesn’t just do insurance. They do investment banking, retirement portfolios, and, most tellingly, financial securities.

What this means is that, like many other enormous corporations, AIG had an incredible amount of the wealth of their investors in securities that were backed by packaged sub-prime mortgages. These securities were a great way to make steady profits for investors and shareholders in the short term, provided that property values kept rising and rising. But eventually the housing bubble popped, and the result is that these mortgage based securities were not even worth the paper that they were printed on.

These investors, by the way, are not corporate bigwigs with private jets and mansions. They are your neighbors who have their retirement plans and 401k’s wrapped up in this company and its subsidiaries. They are the businesses that employ your friends and family members. They are, in short, US.

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Teenage Driving Restrictions

Remember when you got your driver’s license? Do you remember the thrill, the excitement and your wonder of the uncertainty of the road? Then there were those few times when you barely escaped an accident…and that time when you were driving through the parking lot heading toward Ferrell’s Ice cream, with the music blaring, and you were singing at the top of your lungs off key, thinking you were cool, when you slammed into a parked police car.....with a police officer inside the car. Wait! That was me.
 

One of the first steps into adulthood for teenagers is getting that coveted driving permit, and more importantly, the real driver’s license. Add a considerable dose of peer pressure into the mix and that plastic card is viewed by a teenager as the ticket to independence and freedom. (Just don’t do to your teenager what my dad did to me. He knew I was lying, and he also knew I had no sense of direction, so he instructed me to stay away from Bowie, and don’t go down 450 West toward Bowie. Stay away, he said, as I got lost in downtown Peace Cross where half dressed girls were walking late at night, and neon blinking bars were around every corner. Why didn’t I ever listen?)

 

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Belt or no belt, that is the question

As your child steps inside the school bus every morning, do you worry that the bus being ridden is safe? As our little ones travel back and forth from school on the bus, should we think about them wearing a seat belt? Each day, 475,000 yellow school buses travel our nation’s roads and highways. Historically school buses have not been equipped with safety belts. Only in the past several decades have concerned parents and some safety advocates pushed for stricter laws to mandate seatbelts use. The argument is simple. Seatbelts are used in most other forms of transportation, so why not use seat belts on school buses?
 

Federal law requires seat belts in smaller buses weighing less than 10,000 pounds, some of which are used in the Washington region to transport pre-kindergarten or special education students. But this law does not apply to the large buses weighing 25,000 pounds or more that carry most of our students. States are free to extend the seat belt requirement to larger buses, but only six states have passed such laws. They include New York, New Jersey, Louisiana, California, Texas and Florida. Seat belts have been required on passenger cars since 1968. Forty-Nine states and the District of Columbia have enacted laws requiring the drivers and passengers of cars and light trucks to wear seat belts. Seat belts have often resulted in keeping people safer and may reduce the risk of death in passenger vehicles.
 

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WHAT IS PERSONAL INJURY PROTECTION?
Automobile insurance policies offer many different types of coverage: property, personal property, uninsured motorist, under insured motorist, collision, rental, bodily injury, and personal injury protection (PIP). PIP is primarily available to pay medical bills related to an automobile accident and, a percentage (85%) of lost wages due to disability from injuries from a motor vehicle accident. What coverage is required varies from state to state. In Maryland, PIP must be offered by insurance carriers to customers, who then have the option of waiving or denying the coverage.  Maryland Pip Studies

WHAT ARE THE ADVANTAGES OF HAVING PERSONAL INJURY
PROTECTION?
There are numerous advantages to PIP benefits. First, customers are entitled to the benefits regardless of who was at fault for the accident. This means that even if you caused the accident, there are benefits in your car insurance policy that you can use for your medical expenses and lost wages. Second, since fault does not need to be determined, medical bills can be paid without unnecessary delay. Maryland law requires that the PIP insurance provider take action on PIP claims within 30 days of submission of a medical bill or lost wage claim. Third, PIP can increase the amount of compensation obtained from the at-fault party’s insurance. An injured person can make a legal claim for medical bills even if PIP has already paid them, unlike health insurance which must be paid back. Fourth, PIP covers a variety of people thereby filling insurance gaps. PIP is available to all family members of the insured who resides in the same household, permissive drivers, guests/passengers in the insured’s vehicle, and pedestrians injured as a result of the accident. It is important to know that PIP money is not available, however, to those who have actively chosen to waive it under their own insurance policy, even if they are injured as passengers in a car that does have PIP coverage. In short, waive it on your policy, and you waive it for yourself on all insurance policies in Maryland.   Maryland Approved Insurance Companies.

HOW MUCH COVERAGE SHOULD I HAVE?
PIP coverage is limited to the amount of coverage the policy carries. Policies are usually
written in three amounts: $2,500, $5,000 and $10,000. The standard, and most common, amount is $2,500. Considering the benefits of PIP, I recommend that customers purchase as much as they can afford (high wage earners should always purchase the maximum amount of insurance possible). The legal system is slow. Recovery from the at-fault party can take months, even years, depending on the severity of the injuries. During that time period, there are precious few avenues for compensation for injured persons. PIP can pay outstanding medical bills before they go to collections and affect a person’s credit history. PIP also offers these people a source of income, if disabled, during the long road to recovery.

To learn more about PIP or personal injury issues, please see personal injury law.  To learn more about our personal injury lawyers, please click on personal injury lawyers maryland and read the firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez.

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GMAC Insurance has surveyed drivers across the country to determine the quality of drivers on our nation's roads. The 2007 GMAC Insurance National Drivers Test measured the knowledge of drivers by asking questions that could have appeared on the state's driving exam. 1 out of 6 persons would have failed the test (18%). The number of failures increased from 9% in 2006.

How did the Metro area fare? DC ranked 48th out of 51. Virginia ranked 41st. Maryland "topped" the Metro area by ranking 25th.

Despite the District's poor performance, it was the only of the three jurisdictions to have a decrease in the number of auto related fatalities from 2005 to 2006. Both Virginia and Maryland reported an increase in deaths according to numbers published by the National Highway Traffic Safety Administration.

What do these numbers mean for residents of the metro area? Be careful in the car. Driving is one of the most dangerous activities (if not the most dangerous) that Americans routinely do.

To learn more about automobile personal injury issues please see our website at auto accidents.  To learn more about our accident lawyers, please click on auto accident lawyers maryland, and read our firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez.

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