DUI Accident

 

People all over the world are preparing for New Years Eve celebrations. Folks are getting ready for parties and balls, bars and restaurants are hiring more wait staff and bartenders, and parents are hiring baby sitters to look after their kids for the evening. If anything, New Years Eve does bring a minor economic shot in the arm.

There are another few groups of people preparing for New Years Eve. That would be the police and the hospitals.

San Francisco Chronicle, 12/27/11:  Bay Area doctors and emergency workers are bracing for what's likely to be the busiest weekend of the year.

New Year's Eve is typically loaded with alcohol-fueled deaths and injuries, and the coming celebration will probably be worse than most years because it falls on a Saturday, giving revelers a full day of partying and, presumably, a full day of recovery.

Eureka Times Standard, 12/27/2011:Fortuna police officers will participate in a DUI saturation patrol Saturday and will arrest anyone caught driving under the influence of alcohol or drugs.

 

The Fortuna Police Department, the Humboldt County Sheriff's Office and the California Highway Patrol have been working together between Dec. 16 and Jan. 2 to arrest anyone caught driving while drunk. DUI/driver's license checkpoints, multi-agency DUI task force deployments and roving DUI patrols are scheduled statewide during the Winter Holiday Anti-DUI Campaign. Checkpoints are placed in locations that have the greatest opportunity for deterring drunk or drugged driving.

It is difficult to fathom why it is that so many people continue to think that they can drink and drive. Despite all the evidence to the contrary, despite all the terrible and real examples of what can happen to someone when he gets behind the wheel of a car after he has been drinking.

Drinking and driving accidents already happen with alarming frequency in this country, with one drunken driving accident happening every three minutes on average, and with one drunken driving fatality happening every 40 minutes.

Our area isn’t exactly the worst in the country when it comes to this sort of thing. D.C. is actually listed as the place with the 2nd best environment in terms of a lack of drunken driving fatalities and multiple offenders, but considering that size of Washington, D.C, that might not be a fair comparison. Virginia and Maryland are pretty firmly in the center of the pack, listed at 23rd best environment and 26th best environment, respectively.

For instance, Virginia had 211 DUI traffic fatalities last year, which is 29% of all the traffic fatalities in the state. But this number represents a 13% decline in the number of traffic fatalities. Maryland had 154 DUI fatalities, which is 31% of all traffic fatalities. Maryland also has a pretty large number of repeat offenders on the roads, with over 25,000 drivers with three DUI’s, and just under 4,000 drivers with five DUI’s. (Clearly, some Maryland drivers have not learned any sort of lesson from their experiences with the Maryland legal system. Virginia keeps information about repeat offenders confidential, but if the overall rank is better than Maryland’s, you can make the assumption that there are less repeat offenders on the roads. However, since the overall rankings aren’t that different, you have to imagine that there are at least comparable levels going on between the states.

Nobody can use the excuse that they weren’t aware of the fact that drinking and driving is both dangerous and illegal. There has been no shortage of studies and evidence of the dangers, and there has been no shortage of publicity on the fact that it is illegal. We can only conclude that your average drunk driver has an entirely misguided sense of optimism. “This won’t happen to me.”

It’s the wrong mindset to have, particularly because it isn’t just the drunk driver who is put in danger. Quite often, people get struck and injured or killed by drunk drivers, and these people had the common sense to not drink and drive. People who drink and drive not only seem to deny that there will be any consequences for themselves, but also not any for anyone else. This theory never seems to bear out.

At Greenberg and Bederman, we have offered legal assistance to the victims of drunken driver accidents since 1985, and our attorneys have been helping victims of Maryland, Virginia and D.C. If you or a loved one has been hit and injured due to the actions of a drunken driver over the holidays or at any other time, contact Greenberg & Bederman for a free DUI accident consultation.

Jackass Star Ryan Dunn Killed in DUI Accident

 

We aren’t sure if any of you have ever seen any of the films that were released under the name Jackass. Nor are we sure if any of you have seen any of the episodes of the television show that aired on MTV under the same moniker.

For those of you who haven’t seen it, the premise of the show features a group of people engaging in comically absurd and extremely dangerous stunts. For instance, there is the “Fire Hose Rodeo” stunt, in which a man sits on a high pressure fire hose that is dangling from a crane. The hose is then turned on, which causes the hose to rocket back and forth in dangerous arcs.

There are also stunts like “The Ram Jam,” in which two men dress up in marching band uniforms, complete with a tuba and a trumpet, and walk into an enclosed pen with a full grown male ram. The two march back and forth, blowing on their instruments, which causes the male ram to charge them.

There is also “Beehive Tetherball,” which is exactly what it sounds like.

There have been stunts with fully functioning rockets attached to shopping carts and children’s bikes. There have been instances of jumping snowmobiles over hedges in August. There have been men who have had their bodies’ painted bright red and let loose into an enclosure with an enormous bull.

As foolish as these stunts are, at least the people who do all of them are smart enough to put a disclaimer at the beginning of every episode:

 

“WARNING: The following show features stunts performed either by professionals or under the supervision of professionals. Accordingly, MTV and the producers attempt to recreate or re-enact any stunt or activity performed in this show.”

We can’t speak for anybody else, but we can’t imagine ever having the urge to try any of these stunts. But we are mindful that young people sometimes make poor decisions, so having that warning in place is the right thing to do.

It should be noted that the whole Jackass phenomenon is wildly successful. The three movies and multiple series of TV shows have generated hundreds of millions of dollars in advertising, DVD sales and ticket sales.

Sadly, Ryan Dunn died in a particularly bad car accident yesterday. Mr. Dunn, who was one of the featured players on Jackass, was driving at about 140 mph when his car tore through a guardrail and careened through a heavily wooded area. His car eventually hit a tree and burst into flames. Both Mr. Dunn and a man named Zachary Hartwell were killed instantly.

Mr. Dunn’s blood alcohol content was 0.196, which was 2½ times the legal limit in Pennsylvania. He also had a history of poor and reckless driving habits, racking up 23 total citations over the course of his driving career. Mr. Dunn’s cause of death might as well have been listed as “The Law of Averages.”

 

Nobody has their own personal highway or street. Any time you get in the car, you are sharing a public space with other drivers, motorcyclists, pedestrians and bicyclists. You aren’t just putting yourself at risk when you drink and drive or decide to speed. Zachary Hartwell serves as an unfortunate example of that fact. Please watch your speed, and please don’t drink and drive.

Greenberg and Bederman is a car accident injury law firm located in Silver Spring, Maryland. We are offering legal help to those who have been hurt in an automobile accident due to no fault of their own. If you or a loved one in Virginia, Maryland or Washington, D.C. has been injured in a car accident, contact Greenberg & Bederman for a free legal consultation.

Cell Phone Dangers

 

The internet is currently very much buzzing with a story about cell phone use. More specifically, the story seems to be about a suspected link between heavy cell phone use and cancer.

According to a panel of experts who reported to the World Health Organization, there is a suspected increased risk for giloma, a quite malignant form of brain cancer.

The end result was the World Health Organization put cell phone use in the same category as gasoline exhaust and DDT, a pesticide known to have some health risks. Also mentioned in the report is a specific risk to children, mainly due to the fact that their skulls are thinner and provide less of a buffer between the radiation emitted from the cell phones and the brain. This bit of news might make you want to rethink purchasing your ten year old a new iPhone.

So what are we to make of all this? Are we all carrying the equivalent of miniature Chernobyl’s in our pockets and purses? Is this asbestos all over again? Is it serious radiation, or is it the sort that you get from microwave ovens? Should we compare talking on the phone to lying in a tanning bed for an hour a week?

 

It’s hard to say for sure. But considering that about 2/3rds of the population uses a cell phone on a regular basis, and has done so for almost a generation now, surely we would have all noticed if these things were particularly toxic and dangerous to our health. In fact, there was a recent study from the University of Manchester which states that while there was in fact an increase in brain cancer as cell phone use has gone up, the increase over that particular period of time was about .6 cases per 100,000 people per year.

That’s notable, to be sure, but it doesn’t seem to be an epidemic. Too much of anything can be bad for you. Consider the case of the woman who died after drinking too much water. Or for that matter, consider the spokesperson for Heart Attack Grill, who did in fact die of a heart attack. Overindulgence in water, alcohol or a fatty food is, in all probability, a much faster way to harm yourself than cell phone use.

Don’t get us wrong. We will certainly keep an eye on the dangers of cell phone use as it develops. But, the radiation dangers of cell phones are pretty far down the list in terms of ways that they can hurt people. While radiation and cancer are certainly nothing to scoff at, the danger of getting hit by a half ton vehicle moving at thirty miles an hour is certainly more immediate. And considering how many people in America think nothing of sending a text message on their phone while driving, that particular danger is much more real than getting a tumor from cell phone use.

According to the U.S. Department of Transportation, 5,474 people were killed in 2009 due to distracted driving. By the standards of DOT, distracted driving can occur in three ways. There is visual distraction, which is what happens when you take your eyes off the road. There is manual distraction, which is what happens when you take one or more hands off the wheel. And there is cognitive distraction, which is what happens when you let your attention wander. Texting while driving is one of the rare forms of distracted driving that manages to hit visual, manual and cognitive distraction all at the same time. And anyone who has a teenager or a child in his or her twenties knows perfectly well how much texting is going on. If the 5,474 people who got killed because of distracted driving doesn’t show the dangers of texting while driving, then maybe the half a million who got injured might make it a little more clear.

So while we aren’t completely discounting the idea that cell phones might cause cancer, we are thinking that the real threat to the health and safety of others is not necessarily the phones, but rather those who use them irresponsibly. Whatever message or piece of information that you need to send, we are sure that it can wait until you either get to your destination or at least can pull over to the side of the road. Please don’t text and drive.

Greenberg and Bederman is a car accident injury law firm located in Silver Spring, Maryland. We are currently offering legal assistance to people in Virginia, Maryland and D.C. who have been injured due to the actions of other drivers. This includes people who have been hurt due to someone texting while driving. If you or a loved one in the Washington, D.C. area has been injured due to a distracted driver, contact Greenberg & Bederman for a free consultation.

Car Recalls History and Legal Help

By now, everyone has heard about all of the crashes, injuries and recalls involved with Toyota over the past year. Practically every model that Toyota has out on the market in multiple model years has been subject to a recall. The recalls involve defective braking systems, bad steering, and stuck acceleration systems.

Far from being theoretical, these defects have caused very real harm to innocent people, most notably the Saylor family, who were killed in San Diego when their Lexus suddenly accelerated, and Kuoa Fong Lee, who spent years in prison for vehicular manslaughter after the accelerator on his Toyota Camry got stuck. That resulting accident killed three people.

As long as cars are designed and built by human beings, there will always be flaws. The most important element of car defects is how responsible the car company will be when the flaw is discovered. Will they own up and initiate the recall and make the repairs, or will they try to hide the fact that the flaws exist? In the case of Toyota, it appears that they did the latter.

 

We would like to say that defective cars are an anomaly, or that all car recalls occur due to minor, cosmetic malfunctions that don’t affect the safety of the car, but the truth is that history is loaded with examples of automotive recalls that occurred because people were put in serious danger. Here are just a few:

In 1971, General Motors recalled over 6.7 million cars due to malfunctioning auto mounts. One of the mounts in particular caused a serious hazard to drivers, mainly because when it broke the V8 engine would shift upwards, which, similar to Toyota’s almost 40 years later, would cause the car to suddenly accelerate. The total of accidents for such a widespread problem was miraculously low (only 18 reported injuries,) but GM still recalled the cars and made the necessary fixes.

Between 1971 and 1976, Ford released a car called the Pinto, which had no reinforcement between the gas tank and bolts attached to the rear differential. In the event of a rear collision, there was a serious danger of the gas tank getting punctured and leaking. Gasoline on the ground is never a positive thing in terms of safety. Even though the recall affected 2.2 million vehicles, six people died in Pinto fires after rear impact collisions.

Ford also had issues with a transmission defect in the 1970s that allowed cars to slip into reverse while the gear was in “park.” Although the NHTSA received thousands of complaints, only 98 accidents were attributed to the defect.

Ford Explorers made in the year 2000 were also subject to a massive recall, not necessarily due to the car but because of the Bridgestone/Firestone tires that were issued with them. They had a tendency to blow out. 250 people died as the result of these faulty tires.

Again, car recalls are nothing new, and sadly, deaths and injuries are the result of car defects. What is  not new is the fact that car companies rarely offer fair compensation for the people who were injured or killed.  Initial settlements offered are quite often incredibly low, and if the case is taken to arbitration or court, many car companies do everything they can to discredit the victims or pay the least amount they can. This is the reason that it is so important to have experienced legal counsel in the event that you have been injured by a defective car.

Greenberg and Bederman is an injury law firm based in Washington, D.C, and we are currently offering legal assistance to those who have been injured due to cars that are faulty and defective. We haveserve Maryland and Baltimore, and we can help anyone in the Washington, D.C. or Northern Virgnia area.

If you or a loved one has been injured in a car accident caused by a defective car, contact Greenberg and Bederman for a free legal consultation today.

Personal Injury Law

 

The premise behind personal injury law is a fairly simple one. If a person is badly injured due to no fault of his or her own, then that person should be compensated for any costs or losses. That includes initial medical costs, the costs of any rehabilitative therapy, the costs of any lost or damaged property, lost wages from an inability to work, and compensation for any pain and suffering that the victim went through.

This is not unreasonable. Would you like to live in the sort of country where someone who is badly injured due to no fault of their own is greeted with indifference? Could you imagine getting severely injured in a car accident that wasn’t your fault at all and having the whole thing ruin you financially? Imagine losing your job because you are too injured to work. Imagine losing your house because you are unable to make the mortgage payments. Imagine having your whole life drastically and irrevocably altered because somebody else wasn’t paying attention behind the wheel, and then imagine being told “Tough luck.”

Injury law exists in America because Americans are mindful of the fact that truly dreadful things can and do happen to innocent people. Someone could get hit by a drunk or distracted driver. A doctor can make a preventable mistake. A pharmaceutical company could market a drug with deadly side effects. Since all of these scenarios fall under the category of “preventable errors,” you can’t write them off as “acts of God,” or “just something that happened.”

 

 

As personal injury attorneys who serve the injured in the Washington, D.C. area, we can tell you from experience that accidents rarely “just happen.” In fact, we have found that most accidents are caused. And when people get severely hurt as the result of these caused accidents, the last thing anyone should be able to do is write them off as “just one of those things.”

Yet this is exactly the scenario that injury victims often face when they attempt to seek fair compensation for their injuries. They often have to deal with insurance companies who have no interest in treating injury victims fairly, but are instead concerned with paying out as little as possible. Car insurance companies often offer injury victims settlements that are far less than what would be needed to cover the medical costs and any lingering effects, and most of the time they don’t offer anything for pain and suffering. Medical malpractice insurance companies are notorious for not wanting to settle, but rather take the issue to court. And, quite often when they do settle, it is a paltry settlement offer.  Pharmaceutical companies have no qualms about not offering any compensation for injuries at all unless they are forced to by a court.

An injury victim who tries to deal directly with the insurance company is risking not having their individual situation monitored and protected by an injury lawyer. The insurance company has lawyers to protect their interests, so should an injury victim. Facing an insurance company on your own means you have to know all the legal angles, understand a myriad of laws that if you don’t understand could harm your injury case, leaving you potentially being treated un-fairly. Despite all of the advertising about being a good neighbor, the truth of the matter is that insurance companies are not in the business of sending out checks for the maximum value. They make money holding down costs and adding new members.

The law firm of Greenberg and Bederman has been protecting the rights of injury victims in the Washington, D.C. area since 1985, and all of our injury attorneys are dedicated to helping our clients get fair and realistic compensation for their injuries. We make it a point to address all of our clients injury needs when we deal with the insurance companies.

Our attorneys are currently offering legal counsel for the following areas:

Car Accidents:Our attorneys have decades of combined legal experience in helping victims of all types of car accidents, including accidents caused by drunk drivers, accidents due to reckless driving, rollover accidents, pedestrians who have been hit by cars, collisions, and accidents due to automotive malfunctions, and passengers in a car accident. 

Medical Malpractice:John Sellinger is known and respected throughout the country as a medical malpractice attorney who puts his clients’ interests first. In his thirty five years of legal experience, this former President of the Maryland Trial Lawyers Association has helped hundreds of victims of medical malpractice, including victims of wrong diagnosis, surgical errors, wrongful death, delay of treatment and birth trauma.

Pharmaceutical Liability: For all the good things that modern pharmaceuticals have done for humanity, it cannot be denied that there is a dark side to the pharmaceutical industry. There have been several instances over the past few years where heavily marketed and prescribed pills have resulted in serious injuries among patients who used them in good faith. The most recent example is Yaz, which is a line of birth control pills that has caused strokes, heart attacks and gall bladder disease among women who use it. Our attorneys are currently representing women who were injured and hospitalized due to the use of these birth control pills.

Social Security Disability Denial: It is not uncommon to be denied for Social Security Disability Benefits.  If you are disabled by either disease or injury, and your disability is expected to last at least a year, you may be entitled to Social Security Disability Disability or SSI. To learn more about Social Security Disability law, please read our Social Security Disability FAQ page.

Greenberg and Bederman is a personal injury law firm located one half block from the downtown metro in Silver Spring, Maryland, one mile from the Washington, DC line. We are perfectly situated to help injury victims all over the Washington/Baltimore metropolitan area. If you or a loved one has been injured in an accident, contact Greenberg & Bederman for a free consultation.