Attorney Blog

G.M. Car Recall: They Sure Don't Make "Em Like They Used To

rvcj@verizon.net (Blog Author)27550 — Tue, 02 Mar 2010 08:00:00 EST

The drip, drip, drip of vehicle recalls has moved from Japanese car companies to General Motors which announced a 1.3 million car recall on Monday March 1, 2010. http://voices.washingtonpost.com/economy-watch/2010/03/gm_to_recall_13_million_compac.html?hpid=moreheadlines

The affected vehicles are:

The 2005-10 Chevrolet Cobalt.

The 2007-10 Pontiac G5, which has been discontinued.

The 2005-06 Pontiac Pursuit, which is the Canadian version of the G5.

The 2004-05 Pontiac G4, which is the Mexican version of the G5.

How many wrongful death and personal injury lawsuits will emanate from this is hard to predict. If the Toyota experience is any guide, GM will dismiss the significance of the problem only to have the magnitude trickle out slowly.

Stay tuned. http://www.maryland-law.com/blog/toyota-crash-deaths-tip-of-the-iceberg.cfm

Fort Totten Metro Crash Hearing

rvcj@verizon.net (Blog Author)27141 — Tue, 23 Feb 2010 08:00:00 EST

Here is the all-important link: http://ntsb.gov/Events/hearing_sched.htm

Metro Crash Federal Hearing Begins!

rvcj@verizon.net (Blog Author)27140 — Tue, 23 Feb 2010 08:00:00 EST

The long-awaited National Transportation Safety Board hearing on the Fort Totten Metro crash commences today. What will come out of these proceedings will be fascinating to observe. http://www.maryland-law.com/blog/metro-crash-draws-federal-probe.cfm

Originally scheduled to consider the cause or causes of the deadly June 22, 2009 Fort Totten Metro crash, the scope is likely to be vastly broader with the steady drip, drip of injuries and even deaths coming out of our hometown subway and bus system.

The hearing is being webcast and will explore widespread safety deficiencies which appear to be unresolved despite the tremendous attention generated by the Fort Totten crash.

The hearing will last 3 days and will culminate in an NTSB finding concerning the probable cause of the June 22, 2009 crash which killed 9 and injured more than 80. The probable cause finding will likely not come for several more months.

Our favorite hometown paper has done a magnificent job of covering this story and their article today is a good leaping off point for anyone interested in learning more. See http://www.washingtonpost.com/wp-dyn/content/story/2010/02/23/ST2010022301553.html?hpid=moreheadlines

Mind-Bending Video of Toyota Sudden Acceleration!

rvcj@verizon.net (Blog Author)27132 — Tue, 23 Feb 2010 08:00:00 EST

The progression from "there is nothing wrong with our cars" to "lets recall them and no we don't want to come to Capitol Hill" has been swift for Toyota.

Questions abound over whether Toyota elevated profits over the safety of its users.http://www.maryland-law.com/blog/toyota-coverup-may-blow-the-roof-off.cfm

The video in this link is a mind-bending testament to Toyota's problems. Ironically, Toyota had donated a large sum of money to Southern Illinois University's automotive center. http://www.kvue.com/community/blogs/smart-money/Mounting-questions-as-Congress-investigates-Toyota-85017562.html

Federal Takeover for Metro?

rvcj@verizon.net (Blog Author)27117 — Mon, 22 Feb 2010 08:00:00 EST

Our favorite hometown paper reports that a federal takeover of Metro is a possibility unless tremendous progress on safety is made immediately. http://www.washingtonpost.com/wp-dyn/content/article/2010/02/22/AR2010022204794.html?hpid=moreheadlines

The inevitable question, how do you measure improvement in safety? People seemed to think Metro's safety record was just peachy until the Fort Totten Metro crash on June 22 2009. Suddenly the nation's second most heavily utilized metro system received a level of scrutiny on a daily basis that disclosed many problems that had previously been overlooked.

The fact is that Metro is neither as bad as it looks now nor as good as it looked before June 22, 2009. An aging, underfunded heavily used transit system is inevitably going to have some serious problems. Tragically those problems were visible before the catastrophic Fort Totten crash but nobody was paying attention.

Toyota Cover-Up May Blow the Roof Off!

rvcj@verizon.net (Blog Author)27113 — Mon, 22 Feb 2010 08:00:00 EST

Revelations that a former Toyota lawyer will testify before the United States Congress concerning his allegation that Toyota destroyed evidence of a widespread rollover defect in its suvs is causing a sensation. Dimitrios Biller alleges that Toyota suvs were built with roofs that did not protect their vehicle occupants and that Toyota withheld and destroyed documents and evidence of these defects.

It appears that the evidence is not germane to the present sudden acceleration defect controversy but certainly will serve to undermine confidence not only in Toyota's vehicles but also in their honesty. For more see : http://autos.aol.com/article/toyota-documents-subpoenaed

Toyota Crash Deaths: Tip of the Iceberg?

rvcj@verizon.net (Blog Author)26776 — Mon, 15 Feb 2010 08:00:00 EST

The story has trickled out slowly. First a grudging recall propmpted by government intervention. Reports of deaths and injuries followed. Toyota's response was denial, explanation and delay. http://www.maryland-law.com/blog/toyota-announces-recall-of-four-million-vehicles-due-to-defective-gas-pedals.cfm

Soon the trickle was a deluge and Toyota's only option was not merely recall but complete production stoppage.

Word came out that the nation's largest car insurer, State Farm had warned both Toyota and the federal government in 2007, that they were seeing way too many sudden accelerations claims from their customers who owned the affected Toyotas.

Unfortunately, in 2007 the regulators were Bush administration appointees who were not interested in hampering big business with these silly claims of gas pedal malfunction. Oops!

Now reports are out that as many as 34 wrongful deaths are presently attributable to Toyota's sudden acceleration problems. If you or a friend or family member have been a victim of sudden acceleration injury please call us at Clark and Steinhorn at (800)304-2002 for further information.

Prince Georges Hospital Helicopter Crash

rvcj@verizon.net (Blog Author)26638 — Fri, 12 Feb 2010 08:00:00 EST

Maryland State Police officials are doubtless breathing a sigh of relief that nobody was injured when a Medevac helicopter struck a snow bank at Prince Georges Hospital today.

The heroic copter crew had responded to an Anne Arundel County crash and transported the injured parties to the Prince Georges County Hospital Center. They were departing when the helicopter struck a snow bank adjacent to the helipad. No injuries were reported.

Past problems with Medevac crashes have been discussed here in the past. See : http://www.maryland-law.com/blog/many-failures-cited-in-2008-maryland-medevac-helicopter-crash.cfm

Two Maryland Bulldozer Deaths

rvcj@verizon.net (Blog Author)26636 — Fri, 12 Feb 2010 08:00:00 EST

Tragic news from the Baltimore Sun that two men were killed in separate incidents, while attempting to fix bulldozers.

John Maxwell of Georgia was caught below his skid loader's hydraulic lift and killed, while attempting to make repairs in Harford County.

Marbin Garcia of Owings Mills, Maryland was repairing a bulldozer when he was struck by its front bucket.

Metro Derailment at Farragut North

rvcj@verizon.net (Blog Author)26635 — Fri, 12 Feb 2010 08:00:00 EST

In the aftermath of Metro General Manager, John Catoe's departure, it seemed like things had calmed down a bit, until today. A Metro Red Line Train has derailed near Farragut North in the District of Columbia. Injuries are reported to be minor (We will see) and questions about the impact of the weather on this event abound.

Somehow it seems unlikely that snow played a role as the event took place underground. The bottom-line, a new year and more problems for Metro.

Toyota Recall for Deadly Defect Culminates in Complete Halt of Sales

rvcj@verizon.net (Blog Author)25745 — Wed, 27 Jan 2010 08:00:00 EST

The first step was denial. No problem. The deaths and injuries caused by Toyota's defective interplay between its floormats and accelerator pedals was a fiction. Perhaps that was an effort to defuse wrongful death and injury lawsuits mounting against Toyota. http://www.maryland-law.com/blog/floormats-are-the-culprit-in-sudden-acceleration-toyota-and-lexus-crashes.cfm

If it was it did not work. First, the NHTSA weighed in and voila a recall of millions of vehicles occurred. http://www.maryland-law.com/blog/toyota-posits-fix-for-accelerator-pedal-entrapment-crash-problem.cfm

Next it was "we've fixed it" and that evidently was not true either. Now it is stop production and sales of the following highly popular vehicles:

2009-2010 RAV4,
2009-2010 Corolla,
2009-2010 Matrix,
2005-2010 Avalon,
2007-2010 Camry,
2010 Highlander,
2007-2010 Tundra,
2008-2010 Sequoia

This is an extraordinary move and one must give Toyota some credit for it albeit a little late for those killed and injured. http://www.maryland-law.com/blog/toyota-recall-too-late-for-california-family.cfm

For Toyota's official statement go to : http://pressroom.toyota.com/pr/tms/toyota/toyota-consumer-safety-advisory-102572.aspx?srchid=K610_p228906387

Metro Workers Killed: Red Line Shut-Down in Rockville-Area

rvcj@verizon.net (Blog Author)25670 — Tue, 26 Jan 2010 08:00:00 EST

Yet another deadly incident has befallen Metro workers, this time on on red line tracks near the Rockville, Maryland Metro station. A maintenance vehicle known as a high-rail vehicle struck and killed two Metro employees as it backed down the tracks just North of the Rockville station.

The two men killed were performing work on the tracks. One was declared dead at the scene while the other was taken to Bethesda's Suburban Hospital where he too was declared dead.

This horrible incident is the latest in a string of deadly crashes and mistakes starting on June 22, 2009 at the Fort Totten Metro Station. http://www.maryland-law.com/library/metro-track-worker-safety-is-there-any.cfm

It has been reported to the Tri-State Oversight Committee and the National Transportation Safety Board. The NTSB is slated to hold hearings on the June 2009 Fort Totten Metro crash on February 23 and 24, 2010. It will be interesting to see if those hearings are expanded to include a broader analysis of Metro's continuing deadly disfunction.

For more go to: http://www.washingtonpost.com/wp-srv/local.html?hpid=topnews and http://wtopnews.com/?nid=25&sid=1873224

Distracted Driving: USDOT Joins the Party.

rvcj@verizon.net (Blog Author)25463 — Fri, 22 Jan 2010 08:00:00 EST

We've been reporting about efforts in Maryland, the District of Columbia and nationwide to combat distracted driving. http://www.maryland-law.com/library/nhtsa-shares-safety-data-concening-distracted-driving-car-crashes.cfm
http://www.maryland-law.com/blog/distracted-driving-illegal.cfm
http://www.maryland-law.com/library/maryland-car-and-truck-crash-safety-its-in-the-plan.cfm
http://www.maryland-law.com/blog/reducing-car-and-truck-crashes-through-distracted-driving-reduction.cfm
http://www.maryland-law.com/blog/distracted-driving-more-prevalent-near-schools.cfm
http://www.maryland-law.com/blog/reducing-distracted-driver-involvement-in-deadly-car-crashes-a-symposium.cfm
http://www.maryland-law.com/practice_areas/maryland-car-accident-attorney-md-truck-lawyer-pg-county.cfm

The NHTSA has evidently been listening as they have announced a new advocacy group called "Focus Driven". http://www.distraction.gov/files/press-release/dot0410508forweb.pdf

The United states Department of Transportation also announced a new website called distraction.gov. http://www.distraction.gov/

While that name may apply to a lot of governmental activities it is hoped that this will encourage individuals not to text or cell phone while driving and also encourage states to pass appropriate safety laws.

The "Focus Driven" website recites the grizzly carnage of people killed and badly injured in distracted driving car and truck crashes. Hopefully, their efforts and ours will gain some traction and save lives.

Toyota Recall for Deadly Problem

rvcj@verizon.net (Blog Author)25458 — Fri, 22 Jan 2010 08:00:00 EST

Toyota is recalling 2.3 million vehicles for a defect that they initially denied and then contended was fixed. http://www.maryland-law.com/blog/toyota-posits-fix-for-accelerator-pedal-entrapment-crash-problem.cfm

It is hard to know at this point how many Americans have been killed or injured as a result of this problem but as we reported in December at least one California family died as a result of the sticky accelerator issue.
http://www.maryland-law.com/blog/toyota-recall-too-late-for-california-family.cfm

The cars involved are :

For more go to:
http://autos.aol.com/article/toyota-sticky-pedal-recall

495 Third Most Congested Road in America

rvcj@verizon.net (Blog Author)25379 — Thu, 21 Jan 2010 08:00:00 EST

At Clark and Steinhorn our law offices look out at the intersection of I-495 and I-95. Consequently we know just how bad traffic is on the Washington Beltway. We see the accidents and congestion.

So it was no suprise that the beltway is the nation's third most crowded freeway in America. I suppose this is nothing to be proud of but it does feel like vindication that things are as bad as they seem. For more: http://www.washingtonpost.com/wp-dyn/content/article/2010/01/20/AR2010012001265.html?hpid=moreheadlines

Come see us anyway.

BPA and Plastic Dangers to Your Health

rvcj@verizon.net (Blog Author)25334 — Wed, 20 Jan 2010 08:00:00 EST

Let me be clear, I love the Diane Rehm show on WAMU. It is however rare that it covers subjects about which we routinely blog. On January 20,2010, Diane had as her guests two Canadian authors who have written a fascinating book entitled " Slow Death by Rubber Duck."

The book explores the effects of BPA and other chemicals on our health. http://wamu.org/programs/dr/10/01/20.php#29308

What made the segment particularly effecting was the presence of Mike Walls of the American Chemical Council. http://www.americanchemistry.com/s_acc/index.asp?noflash=1

He seemed to concede that "safe use" of plastics was a desirable practice and that parents had to make judgements about the extent to which they should expose their babies and infants to BPA.

Both the books authors predict that BPA will be banned in many products by virtue of FDA action in the near future.

E.-Coli, Salmonella and Food-Borne Illnesses: Here is what you need to know.

rvcj@verizon.net (Blog Author)25331 — Wed, 20 Jan 2010 08:00:00 EST

The extent of wrongful death and disease wrought by food-borne illness is increasingly reported. http://www.maryland-law.com/blog/our-dangerous-food-supply.cfm

Ground beef is often a culprit and the number of recalls of that product are too numerous to keep track of. http://www.maryland-law.com/blog/e-coli-contamination-prompts-maryland-ground-beef-recall.cfm

The bottom-line is that learning about E.-Coli or Salmonella after the fact means that someone or many someones will become ill or die beforehand.

The best way to stay on top of food-borne illness out breaks is to turn to this website and several others sponsored by the United States Department of Agriculture and the Food and Drug Administration.

Our comprehensive discussion is located at: http://www.maryland-law.com/library/food-poisoning-where-to-get-the-latest-information.cfm

The USDA link is: http://www.fsis.usda.gov/Food_Safety_Education/usda_meat_&_poultry_hotline/index.asp

The FDA link is: http://www.foodsafety.gov/

We will keep reporting and please be careful.

E-Coli Fears Strike Again: Another Ground Beef Recall.

rvcj@verizon.net (Blog Author)25233 — Tue, 19 Jan 2010 08:00:00 EST

Another recall of ground beef and the threat of deadly e-coli poisoning was reported. The Montebello, California-based Huntington Meat packing has recalled more than 390 tons of ground beef, some of it nearly two years old. The concern is that some of the beef may be tainted with potentially life-threatening e-coli bacteria and still be in circulation as frozen ground beef.

The difficulty of recalling two-year old meat is not lost on the United States Department of Agriculture. For more see:

http://www.maryland-law.com/blog/e-coli-contamination-prompts-maryland-ground-beef-recall.cfm

A Fresh start for Metro?

rvcj@verizon.net (Blog Author)25151 — Sun, 17 Jan 2010 08:00:00 EST

Whether it is Mike Shanahan taking over the coaching reins of our beloved Washington Redskins or his equivalent taking over Metro's operations, their success or failure is not preordained.

How they are supported is crucial. Coach Shanahan will need freedom to pursue his vision for a winning team. He will need sufficient economic resources and he will need effective oversight from his experienced general manager, Bruce Allen. Less interference from owner, Dan Snyder would also be helpful. http://www.maryland-law.com/blog/redskin-fans-a-new-era.cfm

Amazingly this is the same formula proposed by the Washington Post for Metro. http://www.washingtonpost.com/wp-dyn/content/article/2010/01/14/AR2010011403979.html?hpid%3Dvoicesopinion⊂=AR

Metro has been plagued by insufficient funding, erratic and ineffective oversight and parochial regional meddling. Metro's coach, its general manager, has been replaced 5 times in 4 years. Sounds like the Redskins, who have had six coaches in a short period of time.

Metro has been plagued by the often conflicting needs and whims of its local governmental partners ,Virginia, Maryland and the District of Columbia. They are the equivalent of Redskins owner, Dan Snyder, who wants to win, wants to maximize his profits and wants to be able to schmooze star players and their agents over dinner at his mansion.

Sometimes Mr. Snyder's practices conflict with the goal of winning. Coddling Clinton Portis alienates the entire rest of the team and yet meets Snyder's need to stargaze.

So too with Metro. Virginia's Republican legislature has hampered regional agreements for long-term funding of Metro because Metro serves only a small geographic portion of the state. It is very easy for downstate Virginia lawmakers to vote against long-term funding commitments for Metro because their constituents feel they do not benefit.

That this is short-sighted, as Northern Virgina is the economic engine of the state's tax base is ignored. Parochialism hampers the Redskins and Metro and at Clark and Steinhorn we hope that Metro's partners and Dan Snyder can garner an appreciation of the big picture.

The FDA is at it again! Blasting Manufacturer over Tainted- Tylenol Recall.

rvcj@verizon.net (Blog Author)25130 — Sat, 16 Jan 2010 08:00:00 EST

Please excuse my cynicism but after 8 years of the Bush administration's laissez-faire policies on regulating industy, it is amazing that the Food and Drug Administration is actually still in existence. http://www.maryland-law.com/blog/fda-links-bpa-and-health-risks.cfm

Their latest actions include sending a warning letter to Johnson and Johnson over their inaction on a Tylenol recall originating in early 2008. For more see: http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm195704.htm

Who knows what other mischief the FDA will get into!

FDA Links BPA and Health Risks!

rvcj@verizon.net (Blog Author)25129 — Sat, 16 Jan 2010 08:00:00 EST

What a difference a year makes! Health insurance for all and wonder of wonders the Food and Drug Administration is actually actively doing something about BPA or Bisphenol A, a chemical widely found in many consumer goods including plastic bottles and soft-drink cans.

BPA has been a concern of consumer groups for some time and is said to be present in 90% of the United States population. More than 6 billion tons of BPA are produced annually and the chemical industry has fought restrictions on its use.

BPA may contribute to increased incidence of cancer and heart disease.

A measure of the level of concern is that consumer groups have successfully persuaded the largest manufacturers of baby bottles in the United States to cease selling baby bottles made with BPA. It is thought that fetuses, babies and infants are most susceptible to BPA's problems.

Another Amtrak Death

rvcj@verizon.net (Blog Author)25128 — Sat, 16 Jan 2010 08:00:00 EST

Ever since the Fort Totten Metro crash of June 22, 2009, it has seemed like there have been an unusual number of train, subway and light-rail deaths.

Today the Baltimore Sun reports another such death. http://www.baltimoresun.com/news/maryland/bal-md.briefs160jan16,0,3934583.story

Having had occasion to handle such cases in the past, and with the recent tragic experience of the 14 year-old girl killed on her way to school in Baltimore County, ( http://www.maryland-law.com/blog/amtrak-train-strikes-and-kills-teenager.cfm one has to wonder about the ability of the public to so readily access Amtrak rails.

D.C. Metro Crash Accountability: Farewell John Catoe

rvcj@verizon.net (Blog Author)25088 — Fri, 15 Jan 2010 08:00:00 EST

Ever since the deadly Fort Totten Metro train crash of June 22, 2009, public scrutiny of Metro's operations has increased. Prior crashes, injuries and even deaths that were successfully glossed over or minimized, suddenly came back into view.

Context is important and near misses and failed safety incidents predating June 22, 2009, became ominous portents when viewed in retrospect. http://www.maryland-law.com/blog/fort-totten-metro-crash-opens-public-disclosures-of-problems.cfm

The bottom-line, Metro was not nearly as safe as it had seemed. Soon heads began to roll. http://www.maryland-law.com/blog/metro-crash-train-operator-fired.cfm

Train operators were fired or suspended from operating trains. http://www.maryland-law.com/blog/metro-near-miss-from-our-blogs-to-their-ears.cfm

Safety officials were fired and now Metro General Manager, John Catoe, has resigned. http://www.washingtonpost.com/wp-dyn/content/article/2010/01/14/AR2010011402917.html

Will his resignation make any difference? That answer is maybe yes and maybe no.

Yes, if his departure allows Metro to get a fresh start and become transparent as to past mistakes and problems which to this point have been swept under the rug or denied.

No, if his departure simply results in an attitude of "phew that nit-wit is gone business as usual."

District of Columbia Safest Roads in America!

rvcj@verizon.net (Blog Author)24944 — Tue, 12 Jan 2010 08:00:00 EST

Congratulations go out to the District of Columbia, named safest driving jurisdiction in America. http://www.saferoads.org/

The District is so often the subject of criticism from other quarters and yet let's give credit where credit is due. The laws of the District have led the nation in dealing with distracted driving and many other problems which give rise to crash-related injuries and deaths.

For more see: http://www.maryland-law.com/blog/maryland-roadways-are-among-nations-safest.cfm

Maryland Roadways are Among Nation's safest

rvcj@verizon.net (Blog Author)24943 — Tue, 12 Jan 2010 08:00:00 EST

Regular readers of our blogs know we focus on what is happening on the roadways and bridges of Maryland and the District of Columbia. This focus almost inevitably leads to the view that collisions and crashes are happening everywhere all the time.

The latest word from Saferoads, an organization devoted to highway and auto safety, should encourage Marylanders and even more significantly residents of the District of Columbia. The District was ranked numer one for auto and truck safety and Maryland number four. http://www.saferoads.org/

The survey evaluates the laws of each state or district and determined that the District of Columbia had more laws devoted to safety than any other jurisdiction. This should be old news to our loyal readers. http://www.maryland-law.com/blog/226.cfm

Congratulations to the Mayor and City Council of the District of Columbia ! As for the Governor and legislative houses of Maryland, congratulations on auto safety, why don't you start protecting victims of medical malpractice in Maryland too! http://www.maryland-law.com/library/maryland-injurymedical-malpractice-damages-cap-upheld.cfm

Dangerous Day on Baltimore-Area Roads

rvcj@verizon.net (Blog Author)24883 — Mon, 11 Jan 2010 08:00:00 EST

Richard Manchome of Pikesville, Maryland was the victim of a hit and run accident and on I-695 near Catonsville today.
Mr. Manchome had pulled over onto the shoulder when his Ford Pickup broke down and he was examining his engine when he was struck by a car that had veered off the traveled roadway.

The car that struck and killed Mr. Manchome was reportedly a black Acura or Honda vehicle. The perpetrator fled the scene of the crash onto Route 40 East towards Baltimore.

1-866-7LOCKUP is the police number to report any information. The vehicle would likely have significant front-end damage.

Two other crashes in Baltimore County sent 4 people to the University of Maryland Shock Trauma Center. For more information see: http://www.maryland-law.com/blog/two-baltimore-county-crashes-send-passengers-to-shock-trauma.cfm

Two Baltimore County Crashes Send Passengers to Shock Trauma

rvcj@verizon.net (Blog Author)24851 — Mon, 11 Jan 2010 08:00:00 EST

A pair of January 11, 2010 morning crashes in Baltimore County, Maryland have sent four people to the University of Maryland Shock Trauma Center in Baltimore City.

In one crash on Route 40, three men were ejected from the back of a pick-up truck near Martin's East. All three were taken to the R. Adams Cawley Shock Trauma Center and two are reportedly in critical condition.

In the second crash, a man driving in the 9800 block of Reisterstown Road evidently lost control of his vehicle which overturned several times. He too was taken to Shock Trauma.

Weekend Crashes Prove Hard on Officers

rvcj@verizon.net (Blog Author)24807 — Sun, 10 Jan 2010 08:00:00 EST

Two separate accidents injured officers this weekend. In Severn, Maryland an Anne Arundel County Police Officer was hit by a pick-up truck on January 9, 2010 on Route 100 near the intersection with Route 170. The pick-up driver was apprehended under the suspicion of being intoxicated.

In in Harford County, Maryland a state trooper was hit at Harford and Connolly Roads near Fallston, Maryland. The trooper was airlifted to Shock Trauma in Baltimore, Maryland.

Metro Near Miss From Our Blogs to Their Ears

rvcj@verizon.net (Blog Author)24750 — Sat, 09 Jan 2010 08:00:00 EST

'Twas only yesterday that I expressed amazement that the train operator who evidently accelerated in the vicinity of safety inspectors on the tracks was still, at least as far as the public knew, operating Metro trains. http://www.maryland-law.com/library/metro-track-worker-safety-is-there-any.cfm

And what to my wondering eyes should appear but an article in our favorite hometown paper noting "After near miss with safety inspectors, Metro train operator is disqualified". http://www.washingtonpost.com/wp-dyn/content/article/2010/01/08/AR2010010803639.html

Wow!

Metro Train Dangers: The Latest Report

rvcj@verizon.net (Blog Author)24710 — Fri, 08 Jan 2010 08:00:00 EST

We have complained about the safety inspection practices of Metro. http://www.maryland-law.com/blog/sanity-returns-to-metro-inspectors-now-allowed-to-inspect-tracks.cfm

Then we learned why safety inspectors were restricted from Metro's train tracks. http://www.maryland-law.com/blog/wow-metro-train-nearly-hits-safety-inspectors.cfm

Now the latest report from the heretofore ignored or diminished Tri-State Oversight Committee opens our eyes to the extent of the problems. http://www.maryland-law.com/library/metro-track-worker-safety-is-there-any.cfm

Somehow this long-awaited report makes our many Metro blogs seem prophetic. http://www.maryland-law.com/blog/metro-safety-oxymoron.cfm

Will Metro take this seriously ?

Metro Crash From Day One.

rvcj@verizon.net (Blog Author)24688 — Fri, 08 Jan 2010 08:00:00 EST

Periodically our thoughts on such matters as the Fort Totten Metro crash appear elsewhere in cyber-space. It is interesting to see how our initlal thoughts as recorded by the esteemed Chris Simon, Esquire have proven sadly prophetic. http://www.atlanta-injury-attorney-blog.com/2009/06/tragic_metro_train_crash_in_ma_1.html

Wow! Metro train nearly hits safety inspectors!

rvcj@verizon.net (Blog Author)24622 — Thu, 07 Jan 2010 08:00:00 EST

Wow! This story from the Post and WTOP knocked me out. On the same day that United States Senator Barbara Mikulski accused Metro of paying lip service to safety, ( see http://www.maryland-law.com/blog/metro-crash-light-and-heat.cfm a Metro train had a near miss with safety inspectors at the Braddock Road Metro Station in Alexandria, Virginia.

Talk about irony! The train was said to be operating at "full-track speed" as it approached inspectors on the tracks, a clear violation of applicable safety rules.

Further irony (possibly greater irony) the inspectors were on the tracks to see how well Metro train operators were doing at following orders intended to protect track workers, which included slowing or stopping when approaching people on the tracks.

Guess they got an 'f' on that one. The inevitable question, when will the next deadly Metro crash occur? Thus far Metro has shown little or no responsibility for out-of-control behavior. It is time for the Feds step in. For more go to: http://www.washingtonpost.com/wp-dyn/content/article/2010/01/06/AR2010010605157.html?hpid=topnews
http://wtopnews.com/?nid=25&sid=1857221

Maryland's dangerous Bridges: Where are they?

rvcj@verizon.net (Blog Author)24581 — Wed, 06 Jan 2010 08:00:00 EST

At Clark and Steinhorn we cover many topics that other law firms ignore. An important one we recurrently discuss is the safety of our roads and bridges in Maryland and the District of Columbia. http://www.maryland-law.com/blog/road-hazard-dangerous-bridges-in-maryland-and-the-district-of-columbia.cfm

Bridge collapses are among the most catastrophic roadway occurences leading to many severe injuries and fatalities. On a lesser scale bridge structural deficiencies are at the root cause of many car and truck crashes, with the recent Bay Bridge calamity the most prominent in recent memory. http://www.maryland-law.com/blog/bay-bridge-tractor-trailer-crash-breeds-lawsuit.cfm

So where are the dangerous bridges in Maryland? We know from prior blogs that 396 bridges in Maryland are "structurally deficient" as defined by the United States Department of Transportation.

43 are listed on Maryland's portions of the National Highway System.
http://www.bts.gov/programs/geographic_information_services/maps/structurally_deficient_bridges_on_the_national_highway_system/md/pdf/md.pdf

Interstate 70 is the leading culprit with 8 structurally deficient bridges, followed by 270 and 95 with 5. Routes 4 and 695 also recur. What is being done about these bridges is not clear. A review of the Maryland State Highway Administration's Strategic Plan does not appear to address these problems. http://www.marylandroads.com/oots/SHSP.pdf

Tomorrow the bridges of the District of Columbia.

Redskin Fans: A New Era?

rvcj@verizon.net (Blog Author)24579 — Wed, 06 Jan 2010 08:00:00 EST

Long-suffering fans of the Washington Redskins received good news today with the hiring of Mike Shanahan as Head Football Coach. Coupled with the hiring of Bruce Allen as the team's first General Manager in an eternity, prospects for future success seem brighter.

Hopefully their meddling owner will step back and let the professionals run the team. Hail to the Redskins!

Amtrak train strikes and kills teenager.

rvcj@verizon.net (Blog Author)24511 — Tue, 05 Jan 2010 08:00:00 EST

Tragedy struck the family of a teenaged girl on her way to school near Middle River this morning as the young girl was struck and killed by an Amtrak train.

The incident evidently took place near Middle River Road and Old Orems Road at a track crossing. Baltimore County Police and Amtrak officials are investigating this sad collision.

Road Hazard: Dangerous Bridges in Maryland and the District of Columbia.

rvcj@verizon.net (Blog Author)24509 — Tue, 05 Jan 2010 08:00:00 EST

We often think of Maryland and the District of Columbia as jurisdictions with comparatively safe roads and bridges. Some of this is a function of their relative wealth and also the fact that their heavily-traveled roadways are heavily scrutinized.

It is thus suprising when we look at the issue of dangerous bridges. The most prominent bridge collapse was of course that in Minnesota in 2007 in which many people died and even more were injured. http://www.maryland-law.com/blog/dangerous-bridges-where-are-they.cfm

Despite this deadly and catstrophic event, the issue of bridge integrity is very real and little discussed.

To put this matter in perspective 12% of all bridges in the United States are "structurally deficient". In Maryland, 396 brdiges are "structurally deficient" and in the District of Columbia the number is 20, a national low. It is nice to see our hometown at a nation's best on something.

The most disturbing state is Pennsylvania with more than 6,000 "structurally deficient" bridges or more than 27%.

Tomorrow: where are these bridges in Maryland? http://www.maryland-law.com/blog/marylands-dangerous-bridges-where-are-they.cfm

Dangerous Bridges. Where are they?

rvcj@verizon.net (Blog Author)24431 — Mon, 04 Jan 2010 08:00:00 EST

The 2007 I-35 bridge collapse in Minnesota is the most glaring example of structurally deficient bridges and roadways in recent memory. http://minnesota.publicradio.org/collections/special/2007/bridge_collapse/

That collapse killed 13 and injured 145 and resulted in a bevy of wrongful death and personal injury lawsuits. For a brief time afterwards, public attention focused on problems with dangerous or defective roads and bridges.

Public attention can be short and we hear little now about these risks. However, the federal government has not lost track of this issue and an interesting but little-known agency reports the whereabouts of the condition of U.S. highway bridges.

The United States Department of Transportation Bureau of of Transporation Statistics displays a wealth of information on this subject matter and many other transportation issues. To learn more go to: http://www.bts.gov/current_topics/2009_03_18_bridge_data/

Columbia, Maryland Teen Recuperating in Aftermath of Crash

rvcj@verizon.net (Blog Author)24423 — Mon, 04 Jan 2010 08:00:00 EST

A Columbia, Maryland teen was struck while attempting to cross Little Patuxent Parkway around 7pm on Sunday January 3rd, 2010. The pedestrian is convalescing at the University of Maryland Shock Trauma Center.

Howard County Maryland Police report that the collision between the pedestrian and a Mitsubishi Eclipse took place on Little Patuxent Parkway between Columbia and Vantage Point Roads.

The teen was reportedly wearing dark clothing and was not crossing either in a crosswalk or at an intersection.

Scary Crash for Baltimore City Officer

rvcj@verizon.net (Blog Author)24416 — Sun, 03 Jan 2010 08:00:00 EST

Initial reports are optimistic for a Baltimore City Police Officer involved in a serious accident today on York Road. His patrol car with lights flashing and sirens blaring crashed into a pickup truck on York Road in Baltimore.

The police car flipped up on its roof and the officer was taken to the University of Maryland Shock Trauma Center.

The collision with the pickup caused the police vehicle to strike another vehicle and then strike a building which housed a Subway Restaraunt, shattering two of its windows.

The officer's shift commander suggested that the injuries were not life threatening.

I-95 Tanker Truck Fire Closes Roadway

rvcj@verizon.net (Blog Author)24401 — Sun, 03 Jan 2010 08:00:00 EST

Early Saturday morning a Tanker-Truck on I-95 North in Harford County, Maryland caught fire bringing the East coast's major North-South highway to a standstill.

The roadway was fully reopened 10 hours later. Fortunately there were no injuries.

This incident focuses public attention on the enormous potential hazard that tanker-trucks and haz-mat trucks present.

This realm is the province of a little known federal agency, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration.

The PHMSA is dedicated to "safe transport of hazardous materials by air, rail, highway and water. For a more comprehensive discussion of tanker-truck, haz-mat truck and overall hazardous materials transport safety see:
http://www.maryland-law.com/library/tanker-trucks-and-hazmats-trucks-who-is-in-charge-here.cfm

Annapolis Hit and Run Driver Identified

rvcj@verizon.net (Blog Author)24400 — Sun, 03 Jan 2010 08:00:00 EST

Anne Arundel County Police have identified the driver of a vehicle which struck and killed a pedestrian and then left the scene of the collision in violation of Maryland law.

Annapolis resident, Alfred Byrd was hit by a vehicle operated by Thomas Judge of Annapolis.

The incident took place early on the morning of January 1st, 2009 on Bay Ridge Road. Evidently Mr. Judge also had passengers who have been identified as well.

Charges of failure to remain at the scene of a personal injury accident seem probable.

Maryland Truck and Car Crash Fatalities Go Down

rvcj@verizon.net (Blog Author)24383 — Sat, 02 Jan 2010 08:00:00 EST

If you are injured in a car or truck crash you may need our help. http://www.maryland-law.com/library/maryland-car-truck-accident-lawyer-dc-car-crash-attorney.cfm

However the latest news regarding Maryland car and truck collisions is very positive. http://www.maryland-law.com/library/maryland-car-and-truck-crash-safety-its-in-the-plan.cfm

In Maryland and nationwide traffic fatalities and injuries are decreasing. The reasons for this are numerous and are examined in detail in the links here.

Distracted Driving Illegal?

rvcj@verizon.net (Blog Author)24372 — Fri, 01 Jan 2010 08:00:00 EST

Readers are aware of our efforts to report the steady advance of laws in Maryland, Virginia and the District of Columbia outlawing distracted driving behavior.

The District of Columbia was first and their efforts have pioneered subsequent legislation locally and nationally.

Recently President Obama banned federal employees from texting while driving during working hours. The House of Representatives passed an order banning their staff members from texting while driving as well.

Congress is reviewing legislation to ban texting while driving and mandating that cellphone use while driving be accomplished using hands-free devices. Efforts are underway to restrict the use of cell-phones while driving for anyone under the age of 21.

The bottom-line, distracted driving causes deadly and injurious crashes in Maryland, the District of Columbia and nationwide. For More see: http://www.nytimes.com/2010/01/02/technology/02distracted.html?hp and http://www.maryland-law.com/library/nhtsa-shares-safety-data-concening-distracted-driving-car-crashes.cfm

Motorcycle Crash Safety Plans

rvcj@verizon.net (Blog Author)24369 — Fri, 01 Jan 2010 08:00:00 EST

Overall the incidence of motorcycle crashes has steadily declined. Nonetheless, when they occur they often result in wrongful death and severe injury. The federal government devotes extensive resources to reducing them.

The latest emphases focus on five areas. These are reduction of alcohol related motorcycle crash deaths, increased helmet usage, improvement in highway design, more comprehensive motorcycle training and education programs and reduction of other driver errors.

For more see : http://safety.transportation.org/elements.aspx?cid=VEH&gid=11

Laurel, Maryland Man Killed in Car Crash

rvcj@verizon.net (Blog Author)24368 — Fri, 01 Jan 2010 08:00:00 EST

A 37 year-old Laurel, Maryland man died on December 30th, 2009 when his car struck a tree on Gorman Road east of Murray Hill Road.

Kevin Michael Aldridge was taken to Greater Laurel-Beltsville Hospital where he was pronounced dead.

Deadly Annapolis Hit and Run

rvcj@verizon.net (Blog Author)24366 — Fri, 01 Jan 2010 08:00:00 EST

Early this morning a pedestrian was killed in Annapolis, Maryland on Bay Ridge Road near Edgewood Road, in a hit and run collision.

The Anne Arundel County Police pronounced the victim dead at the scene and are looking for the perpetrator. It is believed that a Chevrolet vehicle was involved. Police are looking for a Suburban or a Tahoe manufactured between 2000 and 2006 or a Silverado pick-up built bewteen 1999 and 2002.

Blind Metro Patron Dies From Collision

rvcj@verizon.net (Blog Author)24283 — Wed, 30 Dec 2009 08:00:00 EST

A blind Rockville man succumbed to injuries he sustained this last weekend when he was struck by a Metro train at the Gallery Place-Chinatown Station.

This wrongful death is not the first for a blind-person and raises questions about the safe usage of the Metro system by blind patrons.http://www.washingtonpost.com/wp-dyn/content/article/2009/12/30/AR2009123002519.html

Metro reports that this is the third incident in 2009 in which a patron has fallen onto the tracks.

Glen Burnie, Maryland Woman struck and killed

rvcj@verizon.net (Blog Author)24282 — Wed, 30 Dec 2009 08:00:00 EST

A van struck and killed Audrey Cavanaugh of Glen Burnie, Maryland as she was crossing Wise Avenue near Midway Avenue in Dundak, Maryland.

Initial reports suggest she stepped into the path of a Chevrollet van and was killed.

Metro Clean-Up: Nice Idea but right priority?

rvcj@verizon.net (Blog Author)24281 — Wed, 30 Dec 2009 08:00:00 EST

Today's puff-piece in the Washington Post regarding Metro's efforts to systematically clean their stations is pleasant but....is this really the most important priority for a transit system that has been shown to be, shall we say, problematic.

In the scheme of things the 7.5 million dollars per year dedicated to clean-up operations is small change , unfortunately Metro faces a 40 million dollar deficiency in its current budget and a 175 million dollar deficiency in next years budget.

At the same time Metro attempts to replace 1000 series railcars and remedy the underlying technical problems which were behind the June 22nd, 2009 Fort Totten Metro crash.

The bottom-line, Metro needs dedicated funds from both regional stakeholders and the federal government, not merely for cleaning but for safety and continuing operations.

New Ideas in Cancer Care

rvcj@verizon.net (Blog Author)24085 — Mon, 28 Dec 2009 08:00:00 EST

Ever since President Nixon declared the war on cancer, researchers have been perplexed by their inability to reduce mortality rates. The New York Times has had a fascinating series on cancer and efforts to combat it.

The latest installment examines some long extant ideas which while initially dismissed, are now gaining credence. http://www.nytimes.com/2009/12/29/health/research/29cancer.html?pagewanted=1&_r=1&hp

A fundamental concept involves the role that healthy cells surrounding cancerous cells play in either containing cancer or enabling its development. The interplay between healthy cells and adjacent cancerous cells is particularly important and complex as some healthy cells seem to limit the spread of malignant cancers and others seem to become incubators for the spread of malignancy.

The explanation for this is difficult to arrive at but some animal experiments provide some possible insights.

For example, placement of certain tumors in mice into mice embryos are contained by the embryos and do not become cancers as they would in adult mice. In a similar vein, a sarcoma virus which would cause fatal tumors in chickens does not do so when inserted in chicken embryos.

This experiment led to another that may have application to humans. When the sarcoma virus was injected into adult chickens the presumption was that the cancer would develop throughout the bird. Instead, the tumor developed at the injection site where their was a wound but not elsewhere, unless of course there existed a wound elsewhere in which case a tumor developed there as well.

The implication is that wounds or surgeries can potentially enhance cancer development. The full implications of this are little understood but reports of cancer developing at injury sites may be evidence of this phenomenon.

Baltimore Sun Top Ten Transportation Stories of the Decade

rvcj@verizon.net (Blog Author)24076 — Mon, 28 Dec 2009 08:00:00 EST

The Baltimore Sun published its top ten list of transportation stories of the last decade .http://www.baltimoresun.com/features/commuting/bal-md.dresser28dec28,0,384352.story

It is interesting to look at how limited the overlap between the Sun and the Washington Post story on top transit stories of 2009 are . http://www.maryland-law.com/blog/fort-totten-metro-crash-tops-washington-post-list.cfm

The one story in common, the inter-county connector.

Where the Post focused on the obvious for Washington, the Fort Totten red line crash, the Sun gave top ranking to a story from eight and one half years ago, the Howard Street CSX derailment.

For those who do not recall it, on July 18, 2001 a CSX freight train containing hazardous chemicals derailed resulting in a catastrophic underground fire and water main break. The effect on East coast freight travel was tremendous although nobody was injured.

The 2008 Bay Bridge tractor-trailer crash into the Chesapeake Bay figured prominently, as did the 2004 water taxi capsize in Baltimore Harbor which killed five.

Other stories which may have been forgotten , the 2001 to 2002 incidence of wheels falling off Baltimore MTA buses.

Interestingly, the Sun focused on the opening of the new Woodrow Wilson Bridge and the Washington Metro Purple line.

Carbon Monoxide Poisoning: Seasonal Scourge

rvcj@verizon.net (Blog Author)24037 — Mon, 28 Dec 2009 08:00:00 EST

The Baltimore Sun reports that a woman died Saturday December 26th, 2009 as a result of carbon monoxide exposure in an apartment in Fullerton, Maryland.

The woman and three other people were hospitalized on December 18th.

In the aftermath of this tragedy the Baltimore County Council passed a law mandating carbon monoxide detectors in rental units with fuel burning equipment.

Deadly Muncaster Mill Accident

allansteinhorn@gmail.com (Blog Author)24002 — Sun, 27 Dec 2009 08:00:00 EST

Ice evidently played a role in a deadly accident on Muncaster Mill Road near its intersection with Bowie Mill Road early this morning.

David Kang of Ashton, Maryland apparently lost control of his car and crashed into a tree.

Early Morning Metro Collision

rvcj@verizon.net (Blog Author)24001 — Sun, 27 Dec 2009 08:00:00 EST

A man was struck on Metro tracks early this morning at the Gallery Place-Chinatown Metro stop. His presence there is presently unexplained.

He was taken to George Washington University Hospital. More to follow.

Fort Totten Metro Crash Tops Washington Post List

rvcj@verizon.net (Blog Author)23988 — Sun, 27 Dec 2009 08:00:00 EST

A nice article in our favorite hometown paper about the top transit stories of 2009. http://www.washingtonpost.com/wp-dyn/content/article/2009/12/26/AR2009122601437.html?hpid=sec-metro

Understandably the catastophic Fort Totten Metro crash was the top story. Fortunately, the other top ten were virtually all about roadway improvements and of course the new silver Metro line. http://www.maryland-law.com/blog/siver-lining-in-the-new-silver-line-metro.cfm

Other interesting topics included the ICC, the GPS-based Nextbus and a host of roadways and interchange openings.

Baltimore Bike Safety. Nice idea.

rvcj@verizon.net (Blog Author)23985 — Sun, 27 Dec 2009 08:00:00 EST

Baltimore City Councilwoman, Mary Pat Clarke has put forth a series of proposals for the benefit of safer cycling in the city. The death of an area activist, Jack Yates, inspired much of the legislation.

Yates was killed when he was entangled in the rear wheels of a large truck.

Suggestions include reorienting sewer grates so bicycle wheels do not become caught in them and designating travel lanes for non-motorized vehicles only.

Car and Truck Crash Safety : The Federal Highway Administration at work.

rvcj@verizon.net (Blog Author)23963 — Sat, 26 Dec 2009 08:00:00 EST

The Federal Highway Administration is devoted to developing programs and technologies to "reduce the number of fatalities and injuries on our Nation's roadways."

The abundance of information on their website is a bit overwhelming but if properly examined it can be quite useful.

Today we will look at the basic categories of information. They are generally; intersection safety, pedestrian and bicycle safety, speed management safety, roadway departure safety, local and rural road safety, and highway safety improvement safety program.

An additional all-encompassing category " additional safety program and initiatives" contains another vast sea of data.

We will be examining The FHWA and its many observations in a continuing series of blogs and articles in an effort to help reduce car and truck crash injuries and deaths in Maryland and the District of Columbia.

Metro Safety : Oxymoron?

rvcj@verizon.net (Blog Author)23962 — Sat, 26 Dec 2009 08:00:00 EST

At Clark and Steinhorn we've been complaining about Metro and its safety problems for a while. Which is to say that we've pursued personal injury and wrongful death claims against Metro and area transit agencies for more than 25 years.

Ever since Mr. Clark served as lead trial counsel against Metro in the 16th Street bus crash more than a decade ago, we have been aware of continuing safety problems on the trains and buses of Maryland, District of Columbia and Virginia.

So today's Washington Post report on Metro's ongoing safety problems is no great suprise. http://www.washingtonpost.com/wp-dyn/content/article/2009/12/25/AR2009122501882.html?hpid=moreheadlines

The problem is that unless good oversight is combined with sufficient funds, competent management and safety transparency very little will change.

For more see : http://www.maryland-law.com/blog/fort-totten-metro-crash-longterm-problems.cfm

Our Dangerous Food Supply

rvcj@verizon.net (Blog Author)23961 — Sat, 26 Dec 2009 08:00:00 EST

At Clark and Steinhorn we see more than our fair share of food contamination cases. We've blogged about ground beef recalls all too frequently in the past. (See http://www.maryland-law.com/blog/e-coli-contamination-prompts-maryland-ground-beef-recall.cfm )

The practices associated with creating frozen ground beef are almost hard to believe.

Companies mix meat or meat-like items from multiple states and countries together. Some of the states, countries and companies have very suspect quality control practices.

This can result in E. Coli poisoning and other health risks.

Today we note a new recall. On Christmas Eve, National Steak and Poultry of Oklahoma began a recall of beef products under their company name and also Carino's Boneless Beef and Moe's Beef Steak. This action was precipitated by an E. Coli out break in six states.

Those states were Washington, Colorado, Iowa, Kansas, South Dakota and Michigan.

For more see http://www.maryland-law.com/blog/?keywordid=59377

Forty Four Million Dollar Baltimore Verdict is Settled For Two Million Dollars.

rvcj@verizon.net (Blog Author)23947 — Thu, 24 Dec 2009 08:00:00 EST

A 2006 verdict against the Baltinore City Police has been settled for a fraction of the total forty four million dollars awarded.

The case involved Albert Mosley who was rendered paralyzed by Baltimore City Police. The case has been up and down the Maryland Court system including a visit to the highest court, the Maryland Court of Appeals.

The case has resolved for two million dollars.

Mother of Three Killed by Drugged Driver

allansteinhorn@gmail.com (Blog Author)23921 — Thu, 24 Dec 2009 08:00:00 EST

A mother of three was killed Tuesday evening when a Forrestville man, high on PCP, and, traveling at twice the speed limit, jumped a curb and struck the woman as she was waiting for a bus to go to work, according to Court documents filed Wednesday. Mary Jones, 50 years old, was waiting at a bus stop on Southern Avenue when the driver, Glendale S. Ogdurn, drove off the road, over the curb, and directly into Ms. Jones. According to witnesses, Ogdurn never slowed down as he jumped the curb and struck Ms. Jones. Ogdurn has been charged with negligent homicide.

Our hearts go out to the Jones family.

Fire Kills Woman in Northwest Washington, D.C.

rvcj@verizon.net (Blog Author)23902 — Wed, 23 Dec 2009 08:00:00 EST

A vacant rowhouse on Kennedy Street, NW burned and a woman died on December 21st, 2009.

Evidently she had sought shelter from the weather and discarded smoking materials were reportedly the cause. The victim is as yet unidentified and is symptomatic of a recurrent problem in the District of Columbia and elsewhere. Homeless facilities are often overcrowded and consequently people seek refuge in abandoned buildings which are susceptible to fire and also provide too little warmth to avoid death by exposure.

Amtrak Power Outage Strands Travelers

rvcj@verizon.net (Blog Author)23901 — Wed, 23 Dec 2009 08:00:00 EST

Amtrak workers scrambled to fix an electrical problem outside New York City which had ground service on the Northeast corridor to a halt on one of the busiest travel days of 2009.

Trains from Washington, D.C. to Massachusetts were brought to a halt stranding travelers attempting to get home for the holidays.

The electrical problems in Bergen, New Jersey were the not the first experienced by Amtrak. Disruptions in 2006 and 2007 drew attention to the problems which were exacerbated by the Bush administration's threats of vetoing funding to Amtrak.

Efforts to modernize the antiquated Amtrak electrical system has been met with a lack of enthusiasm on the part of Republican lawmakers thus inhibiting making this vital transportation system more reliable.

District of Columbia-Origin Plane Skids Off Runaway in Jamaica Injures Dozens

rvcj@verizon.net (Blog Author)23900 — Wed, 23 Dec 2009 08:00:00 EST

An American Airlines plane originating at Reagan National Airport skidded off the runway in Kingston, Jamaica injuring numerous holiday revelers.

The incident which occurred on Tuesday December 22nd, 2009 is being investigated by five National Transportation Safety Board investigators. The cause of the incident is presently unknown but weather is a likely candidate.

The plane landed with heavy rain, decreased visibility and a tail wind.

Several passengers remain hospitalized with non-life threatening injuries.

Siver Lining in the New Silver Line Metro

rvcj@verizon.net (Blog Author)23715 — Sun, 20 Dec 2009 08:00:00 EST

Historically, Metro patrons have been bathroom-starved but for silver line patrons that will all change. http://www.washingtonpost.com/wp-dyn/content/article/2009/12/20/AR2009122002030.html?hpid=topnews

The new silver line to Dulles airport set to begin opening in 2013 will feature four bathrooms per station, an unprecedented wealth of toiletry. The dramatic increase in bathroom capacity is the result of a Virginia 2006 building code.

Noteworthy is the fact that four of Metro's extant stations have no bathrooms.

Odenton, Maryland Volunteer Fire Department Sex Abuse Lawsuit Settled

rvcj@verizon.net (Blog Author)23705 — Sun, 20 Dec 2009 08:00:00 EST

A 2008 sex abuse lawsuit wherein it was alleged that the President of the Odenton Volunteer Fire Department, Louis D'Camera abused teenage recruits has been resolved.

The lawsuit alleged sexual abuse, which when reported, merely subjected the victims to further abuse and retaliation.

The perpetrator was the president of the Odenton volunteers and also a quartermaster in the Anne Arundel County Fire Department.

The story is a tragic one on all counts. The alleged abuser illed himself in 2005 and the sex-abuse victims suffer to the present.

The settlement was complicated by the laws that apply to county and municipal employees. It also resulted in Anne Arundel County's decision not to insure volunteer companies for any activities beyond fire and rescue operations.

Elder Abuse Widespread Study Shows

rvcj@verizon.net (Blog Author)23690 — Sat, 19 Dec 2009 08:00:00 EST

At Clark and Steinhorn, we rely on many scholarly journals to assist us in evaluating Maryland and District of Columbia medical malpractice cases and nursing home abuse cases. One of the best is the American Journal of Public Health.

This next issue focuses on many topics but from our point-of-view the most instructive is an article entitled " Prevalence and Correlates of Emotional, Physical, Sexual and Financial Abuse and Potential Neglect in the United States: The National Elder Mistreatment Study".

Data was obtained from more than 5,777 respondents across a broad spectrum of American society. Over 10% of the sampling reported mistreatment or abuse.

Financial abuse was the most widespread followed by neglect and emotional abuse.

The most consistent factors for predicting elder abuse were low social support and prior trauma.

Above-Ground Metro Trains Halted Due to Storm

rvcj@verizon.net (Blog Author)23688 — Sat, 19 Dec 2009 08:00:00 EST

The Washington Metropolitan Transit Authority has announced that above-ground Metro trains will cease operations at 1:00 pm today because of heavy snow. The 106 miles of above-ground rails are at risk of the exposed third-rail becoming covered with snow.

Metro's General Manager, John Catoe, emphasized that Metro "cannot and will not operate in an unsafe environment."

Perhaps service will resume on Sunday.

Baltimore Train Operators To Be Fired After Deadly Crash

rvcj@verizon.net (Blog Author)23675 — Fri, 18 Dec 2009 08:00:00 EST

While the June 22nd, 2009 Fort Totten Metro train crash has gotten the bulk of the headlines, the deadly Lutherville, Maryland crash a month later is starting to come home to roost.

The tragic incident in which two teens walking upon the tracks were struck from behind and killed, has resulted in some drastic action by the Maryland Transit Administration. The MTA is attempting to terminate two train operators and to pursue disciplinary action against four others.

The train involved was traveling Northbound on Southbound tracks and reportedly a settlement of the underlying lawsuit has been achieved. http://wjz.com/local/Lutherville.light.rail.2.1378789.html

Maryland Car Crash Safety and the Maryland State Highway Administration

rvcj@verizon.net (Blog Author)23673 — Fri, 18 Dec 2009 08:00:00 EST

We have often discussed the role of the federal government in prevention and reduction of car and truck accidents.
The National Highway Transportation Safety Administration and the Federal Motor Carrier Safety Administration provide invaluable information to the public regarding the causes of truck, bus and car crashes. See http://www.maryland-law.com/blog/federal-motor-carrier-safety-administration-what-do-they-do.cfm

Here in Maryland we also have the benefit of a heavily engaged State Highway Administration. The centerpiece of car, truck and bus crash safety, is the "Maryland Strategic Highway Safety Plan" or SHSP for short.

The purpose of the plan is to reduce "highway fatalities on all public streets and highways."

The SHSP was initiated in 1999 and focuses on seven areas each selected to save lives and reduce injury severity.

The seven "emphasis areas" are curbing aggressive and drunk driving, eliminating hazardous locations, increasing driver competency, increasing occupant protection, improving emergency response systems and improving information.

The goals are to reduce annual motor vehicle fatalities to 550 or fewer people per year and to reduce injuries in crashes below 50,000 per year.

The plan can be viewed at this link : http://www.marylandroads.com/Index.aspx?PageId=240&d=69

Tragic Death of Infant Inspires Mother's Quest.

rvcj@verizon.net (Blog Author)23626 — Fri, 18 Dec 2009 08:00:00 EST

My eye was drawn to this AOL link regarding a topic we have written about fairly extensively, the dangers of shades and blinds to infants and toddlers. See http://www.maryland-law.com/library/blinds-recalled-for-strangulation-risks-for-children.cfm

The story of dental hygenist and mother, Linda Kaiser is heart-rending. As she went off to bed for the night she discovered that her one year-old daughter had strangled herself accidentally with a window shade cord.

As she explored this tragedy she learned that more than 200 children had died as a result of similar shade and blind cord strangulation incidents. She began a crusade to warn other parents and to stimulate recall of the shades and blinds with similar dangerous propensities.

Ultimately, the Consumer Product safety Commission mandated a recall of more than five million Roman shades and three million roll-up blinds.

Metro Crash Train Operator Fired

rvcj@verizon.net (Blog Author)23621 — Fri, 18 Dec 2009 08:00:00 EST

The calamitous recent Metro train crash at West Falls Church has cost the train operator his job. In a WTOP radio exclusive it has been announced that this collision which injured three and caused millions of dollars in property damage, resulted in the operator's dismissal. For More See : http://www.maryland-law.com/blog/metro-crash-draws-federal-probe.cfm

Federal Motor Carrier Safety Administration : What Do they Do?

rvcj@verizon.net (Blog Author)23620 — Fri, 18 Dec 2009 08:00:00 EST

At Clark and Steinhorn, we rely on many resources in keeping us up to date concerning contemporary issues in collisions and accidents involving large trucks and commercial buses. One of the most useful is the Federal Motor Carrier Safety Administration. See : http://www.fmcsa.dot.gov/facts-research/art.htm

The avowed purpose of the F.M.C.S.A. is 'to reduce the number and severity of commercial motor vehicle crashes," a worthy goal no doubt but how do they go about this?

Essentially there are three paths they take toward the goal of truck and bus crash reduction.

The first involves systematic scientific study of crashes.

The second involves utilizing the data obtained from these studies and creating innovative practices to reduce accident frequency and severity.

Third, they analyze trends in commercial truck and bus collisions and make economic and environmental analyses with an eye towards rulemaking.

The website provides reams of fascinating data with titles like "Large Truck Crash Causation Study" and the FMCSA has three divisions which reflect its functions. They are Analysis, Research and technology.

For more past applications see http://www.maryland-law.com/library/tractor-trailer-and-bus-crash-facts-2008.cfm

Glory days to Return? Redskins Fire Vinny Cerrato.

rvcj@verizon.net (Blog Author)23617 — Fri, 18 Dec 2009 08:00:00 EST

Our favorite local football team has made an astute and long-hoped for change with the replacement of Vinny "Draft Picks What draft Picks?" Cerrato. His successor, Bruce Allen, son of legendary Redskins Coach, George Allen, is a seasoned football executive. This will represent a welcome change.

To quote the always incisive Sally Jenkins of The Washington Post " If what Snyder has in mind is a management team that will act coherently...It will be a welcome experiment. It's something they haven't tried before."

Right on Sally and Hail to the Redskins!

School Bus Crashworthiness

rvcj@verizon.net (Blog Author)23540 — Wed, 16 Dec 2009 08:00:00 EST

School bus crashes are less common than we often perceive but are invariably tragic. It is estimated that only seven passengers die in school bus crashes yearly. http://ntsb.gov/Surface/highway/childseat.htm

The primary concern most members of the public express about school buses is the absence of seatbelts. Evidently this is not so problematic as the seating on school buses is designed quite cleverly. The seats are close together, high-backed, strong, and designed for energy absorption. This compartmentalization works effectively in front and rear-end collsions.

A complication in increasing school bus safety is that the compartmentalization evidently makes the use of seatbelts more dangerous than in other vehicles. The present emphasis is on configuring a new passenger safety restraint system.

Fatigue the Culprit in 2008 Texas Bus Crash

rvcj@verizon.net (Blog Author)23538 — Wed, 16 Dec 2009 08:00:00 EST

The National Transportation Safety Board has concluded that a deadly Texas bus crash was the result of driver fatigue.
The 2008 bus crash near Victoria, Texas killed one and injured forty six.

The driver evidently fell asleep while driving and when he awoke over compensated his steeering and lost control of the bus. After the bus overturned a pickup struck its underside.

The rather simplistic scenario of the accident has given rise to nineteen safety suggestions. For more see http://www.maryland-law.com/blog/bus-crash-safety-its-about-time.cfm

The numbers are in Car Crash Deaths Down in 2008.

rvcj@verizon.net (Blog Author)23393 — Mon, 14 Dec 2009 08:00:00 EST

It seems counterintuitive, more cars, more drivers, more miles fewer fatalities. In 2008 32,479 vehicle operators or passengers were killed in car wrecks down from 36,460 in 2007. The 2007 number was the lowest since 1975 other than 1992 when their were one third less cars. The 2008 number was well below 1992 and again even more cars are in operation this year.

At the same time commercial truck deaths are plummeting. http://www.maryland-law.com/library/tractor-trailer-and-bus-crash-facts-2008.cfm

The inevitable question why? We will be examining this in the coming weeks.

Metro Crash: Light and Heat

rvcj@verizon.net (Blog Author)23294 — Sun, 13 Dec 2009 08:00:00 EST

Ever since the June 22nd, 2009 Fort Totten Metro crash, Metro has come under increased scrutiny. Yet that scrutiny seemed to have little effect until Maryland's senior United States Senator Barbara Mikulski trained her gaze on the situation.

Senator Mikulski blasted Metro's management at a Senate hearing on a proposal to bring federal oversight to local rail-transit sytems. http://www.dot.gov/affairs/2009/dot19309.htm

The next thing you know Metro General Manager John Catoe fired his chief deputy and Metro's safety officer.

Maybe Metro will find a way to gain some traction with the public but for now a little window-dressing seems to be their modus operandi.

Bay Bridge Tractor Trailer Crash Breeds Lawsuit

rvcj@verizon.net (Blog Author)23293 — Sun, 13 Dec 2009 08:00:00 EST

Our readers probably recall the catastrophic August 2008 crash on the Bay Bridge in Annapolis, Maryland that resulted in the wrongful death of trucker, John Short.

Mr. Short of Willards, Maryland plunged into the Chesapeake Bay after colliding with a teenaged driver who had negligently crossed the center-line.

His family has now filed a multi-million dollar lawsuit against the other driver and against the State of Maryland. The allegations against the State include the concept that the bridge itself should have contained his truck and prevented it from falling into the bay. They also include the contention that two-way traffic on the Bay Bridge is unduly dangerous

It will be interesting to follow this litigation to trial.

Toyota Recall Too Late for California Family

rvcj@verizon.net (Blog Author)23216 — Thu, 10 Dec 2009 08:00:00 EST

It is easy to de-personalize real human tragedy when discussing such things as vehicle recalls. We often discuss dangerous products on this website and attempt to notify our readers of important recalls.

We have focused a good deal of attention on the Toyota recall associated with floor mats causing accelerator pedals to stick. Yet somehow the AOL story of a California family killed by this phenomenon really struck home. Here's the link: http://autos.aol.com/article/toyota-tragedy-saylor-family?icid=main|main|dl2|link1|http%3A%2F%2Fautos.aol.com%2Farticle%2Ftoyota-tragedy-saylor-family

Bus Crash Safety : It's about Time

rvcj@verizon.net (Blog Author)23167 — Thu, 10 Dec 2009 08:00:00 EST

When we read about bus crashes, they always seem catastrophic. Grievous injuries and wrongful death attend them. The reasons are fairly obvious. Enormous vehicles, filled with unrestrained passengers, being operated by a single driver.

It is inevitable that bus drivers are sometimes a little too tired or a little too stressed to get to their destination in a hurry.
The results are horrible for their passengers and even more gruesome for those vehicles with which they collide.

So how do we reduce the carnage of commercial bus crashes in Maryland, The District of Columbia and nationwide?

The National Highway Transportation Safety Administration has some ideas.

First, mandatory sealbelts. It seems hard to believe but in this age of required seatbelt use, buses/motorcoaches are not required to have them. Second, prohibition of bus drivers using their cell phones while driving. We know from the post-June 22nd coverage of Washington's Metro system that bus drivers in Maryland, The District of Columbia and Virginia, have been seen texting and using their cell phones while driving.

Third, improved rollover roof strength, improved fire safety and better emergency egress.

There are also proposed on-board monitoring systems to enable better detection of driver fatigue or intoxication. Doubtless, the bus companies will resist these measures suggesting prohibitive costs and no effect on safety.

Prince Georges County First Responders Get Long-Awaited Upgrade

rvcj@verizon.net (Blog Author)23047 — Tue, 08 Dec 2009 08:00:00 EST

Radio dead-zones no more! Prince Georges County officials announced their new public safety communication system which will involve 21 new radio towers both eliminating dead-zones and enabling inter-county radio communication with neighbor, Montgomery County, Maryland.

The $76 million dollar upgrade will enable EMS, firefighters, police and other county safety employees to have reliable communications county-wide.

The roll-out of the new system is still a year away as a great deal of training and fine-tuning is in order.

A new 911 center will also be opening next year.

Metro Problems : Beware the Escalators !

rvcj@verizon.net (Blog Author)23045 — Tue, 08 Dec 2009 08:00:00 EST

In the category of "no mas", it was reported today that a child's boot became caught in a Metro escalator a little before 8:00 a.m.. The escalators at the Minnesota Avenue Station have been shut down and the child is reportedly being attended to by paramedics.

Regretably this is not the first such Metro escalator attack. The child was taken to an area hospital.

Prince Georges County Police Save Driver in College Park Crash

rvcj@verizon.net (Blog Author)23043 — Tue, 08 Dec 2009 08:00:00 EST

Three Hyattsville-based Prince Georges County Police Officers heroically pulled a driver from his burning car in College Park , Maryland yesterday.

The car had collided with a truck around 3:30 p.m. on December 7th, 2009, when it caught fire. The collision on Adelphi Road at Tulane Drive, knocked out the driver and the quick-witted actions of the officers may have saved the driver's life.

The vehicle driver was taken to an area hospital and is expected to recover.

Carbon Monoxide Poisoning Hospitalizes Two Marylanders

rvcj@verizon.net (Blog Author)22985 — Mon, 07 Dec 2009 08:00:00 EST

The Baltimore Sun reports that a Severn, Maryland household suffered carbon monoxide poisoning and required hospitalization at the University of Maryland Shock Trauma Center.

A six-year-old and a thirty nine-year-old were apparently the victims of an improperly installed gas stove being utilized to heat their home.

State by State Drunk Driving Laws

rvcj@verizon.net (Blog Author)22917 — Sat, 05 Dec 2009 08:00:00 EST

Across the duration of my career, the laws on drunken driving have gotten steadily stricter. It is believed that this has contributed to the reduction in traffic fatalities in Maryland, the District of Columbia and Nationwide. See http://www.maryland-law.com/blog/drinking-driving-and-death.cfm

I stumbled across an interesting chart at the Governor's Highway Safety Association which purports to be an accurate compendium of drunk driving laws state by state. http://www.ghsa.org/html/stateinfo/laws/impaired_laws.html.

There can be little doubt that drunk driving routinely contributes to horrific crashes resulting in wrongful death and serious injury.

It is fascinating to scroll through state by state to see the variability. For example Virginia and the District of Columbia are among the most lenient states when it comes to license suspension on first dui offenses. How lenient? Where in Georgia the penalty can be a one year license suspension in the District it can be as little as two days! In Virginia its a week!

How about increased penalties for high blood alcohol levels? In Tennessee, Florida, Minnesota and Idaho, they don't kick in until .20. elsewhere it is typically .15.

The bottom-line efforts to curtail drunk driving crashes are ongoing but sporadic.

Wear Seatbelts, Don't Drink and Drive, Don't Smoke: Does Behavioral Modification Work?

rvcj@verizon.net (Blog Author)22915 — Sat, 05 Dec 2009 08:00:00 EST

An interesting piece in the Baltimore Sun about smoking in Maryland, indirectly raises a larger question, can public scolding modify people's behavior?

I ask the question in light of some positive news on smoking in Maryland. Maryland smoking rates have declined steadily across the last five years to 15% of the adult population. This is well below the national rate of 21%.

The Centers for Disease Control and Prevention, believe this decline has been fueled by cessation and prevention programs launched in the 1990's with money derived from the lawsuits against big tobacco.

Interestingly, this has come against the backdrop of national smoking rates holding steady.

Okay, so does that mean that from a public health standpoint we can translate this success to a reduction in other deadly behaviors such as drinking or texting and driving? http://www.maryland-law.com/blog/cell-phones-and-negligent-driving-hand-in-hand.cfm

The statistical information is certainly out there but absent the funds to bring a message to the broader public who knows? http://www.vtnews.vt.edu/story.php?relyear=2009&itemno=571

Tractor-Trailer and Eighteen-Wheeler Crashes: Can Stability Controls reduce Them?

rvcj@verizon.net (Blog Author)22798 — Thu, 03 Dec 2009 08:00:00 EST

Probably the most important recent vehicle safety technology is so-called vehicle stability control. This mechanism essentially uses computerized braking controls at each wheel to assist drivers in keeping control of their vehicles in emergency situations. In essence the computer detects loss of steering control and adjusts braking at each wheel to help regain control.

This technology has been widely praised and is regarded by car insurance comapnies as the most important modern safety feature after the airbag and seatbelt.

So why on earth wouldn't our largest vehicles, the ones with the most destructive capacity have a technology designed to keep them in control?

Some of the answer is cost, some is historic resistance to change and some is just ignorance. The bottom-line is that the National Highway Transportation Safety Administration wanted to look at this scientifically and the University of Michigan obliged. http://www.nhtsa.dot.gov/staticfiles/DOT/NHTSA/NRD/Multimedia/PDFs/Crash%20Avoidance/2009/811205.pdf

The findings are not suprising. The technology would reduce the incidence of tractor trailer crashes, reduce wrongful death and serious injury and ultimately save the industry money. Your move commercial trucking industry.

Cell Phones and Negligent Driving: Hand in Hand?

rvcj@verizon.net (Blog Author)22797 — Thu, 03 Dec 2009 08:00:00 EST

Followers of this website are aware of the changes in Maryland law calculated to reduce car crashes stemming from drivers distracted by their cell-phones. http://www.maryland-law.com/blog/new-texting-laws-to-take-effect-this-week.cfm

The question do the laws work?

A recent Baltimore Sun article answers the question, albeit anectdotally, and the response is absolutely not.
http://www.baltimoresun.com/news/maryland/crime/bal-md.hermann03dec03,0,7618566.story

The reporter rode with a Maryland State Trooper on December 1st, 2009 and as the officer pulled over car after car for driving in excess of twenty to thirty miles an hour over the speed limit, the common denominator was cell phone use.

This is consistent with research at Virginia Tech and elsewhere that cell-phone use seems to absorb driver's attention to a disturbing degree. Cell phone using drivers are said to have the attention of drunk drivers.

Therein lies a big problem for Maryland drivers who want to avoid catastrophic, injurious crashes. We can account for our own sobriety, we can keep our cell phones under wraps while driving but what about everyone else?

We know more stringent drunk driving enforcement has contributed to a reduction in wrongful crash deaths in Maryland and nationwide. Why not institute a law like the District of Columbia has prohibiting cell-phone use altogether while driving?

Yes enforcement is demanding but the fact is that drivers in the District learn pretty quickly to put away their cell-phones while driving. http://www.maryland-law.com/blog/americas-loves-driving-and-cell-phones-bad-mix.cfm

Toyota Posits Fix for Accelerator Pedal Entrapment Crash Problem

rvcj@verizon.net (Blog Author)22704 — Tue, 01 Dec 2009 08:00:00 EST

Ah the sweet smell of contrition. Toyota announced remedies for a recurrent problem associated with floor mats in their vehicles causing their accelerators to stick and thereby causing high-speed catastrophic crashes.

Shocker! Toyota of course initially denied this problem existed in Lexus and Toyota vehicles depite the National Highway Transportation Safety Administrations findings to the contrary.

Toyota has announced remedies involving a rolling recall of vehicles wherein the accelerator pedals will be modified and in some instances the vehicle floor itself, to eliminate the risk of accelerator pedal entrapment. http://www.nhtsa.dot.gov/

For some vehicles brake override system will also be employed. For more see: http://www.maryland-law.com/blog/toyota-announces-recall-of-four-million-vehicles-due-to-defective-gas-pedals.cfm

Metro Crash Draws Federal Probe

rvcj@verizon.net (Blog Author)22696 — Tue, 01 Dec 2009 08:00:00 EST

From our blogs to the National Transporation Safety Board's ears. As if Metro did not have enough problems with the NTSB investigation of the June 22nd Fort Totten Metro crash, the latest fiasco in Falls Church has drawn another probe.
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/30/AR2009113004031.html

The Sunday morning crash in which three were injured and millions of dollars in equipment were damaged or destroyed is the latest NTSB target.

Initially thought of as having done nine million dollars in damage estimates run as high as thirty six million dollars in damage. All of this against a laundry list of Metro problems beginning June 22nd and vast economic needs for future safe operations. For more see http://www.maryland-law.com/blog/metro-crash-injures-three-and-causes-millions-in-damage.cfm

Howard County Crash Tragedy

rvcj@verizon.net (Blog Author)22604 — Mon, 30 Nov 2009 08:00:00 EST

River Hill High School senior, Steven Dankos was killed in a single vehicle crash on Folly Quarter Road early Sunday morning. Mr. Dankos was apparently in the rear-bed of a friend's pick-up truck, when the truck struck stone pillars in Howard County, Maryland.

The vehicle driver evidently had been drinking and has been charged with drunken driving, manslaughter by motor vehicle and homicide by vehicle while intoxicated.

The scale of the tragedy is hard to imagine as the vehicle driver is the older brother of Mr. Dankos closest friend and teammate.

Our hearts go out to the Dankos family.

Metro Crash Injures Three and Causes Millions in Damage

rvcj@verizon.net (Blog Author)22596 — Mon, 30 Nov 2009 08:00:00 EST

It was the end of the night and and the Metro train operator was rolling into the West Falls Church Station for cleaning. Unfortunately, the story did not end there. Instead the six-car train plowed into a stationary train containing Metro employees cleaning.

The collision injured both the cleaners and the train operator, who were taken to area hospitals. The economic damage was estimated at nine million dollars, as three cars were damaged beyond repair.

The inevitable question, why? Ever since the June 22nd Fort Totten Metro crash, it has seemed as though Metro has had one incident after another.

Our formerly "safest transit system in the country", now seems to be in freefall. Fortunately, reports are that the injuries were not life-threatening, but concerns are that this crash is symptomatic of systemic problems.

This is seen against reports that MetroAccess drivers fired for using cell phones and texting while driving, have been hired back, despite Metro's zero-tolerance text and cell-phoning while driving policy. http://wtopnews.com/?nid=25&sid=1825660

The MetroAccess issue is a sticky one. The union contract doesn't make cell phone use a fireable offense and yet of course it is against the law in the District of Columbia while driving. At the same time the drivers are between a rock and a hard place. They have to use some means to communicate with their disabled patrons and their dispatchers.

Toyota Announces Recall of Four Million Vehicles Due to Defective Gas Pedals

allansteinhorn@gmail.com (Blog Author)22430 — Wed, 25 Nov 2009 08:00:00 EST

In one of the largest motor vehicle recalls in United States history, Toyota Corporation announced that it is recalling over four million vehicles due to problems with gas pedals sticking in the floor mats, leading to at least one catastrophic crash in California that killed a California Highway Patrol Officer and three members of his family. The high speed crash in a 2009 Lexus ES350 involved speeds of up to 120 mph, as the vehicle's gas pedal became lodged in the floor mat. The vehicle ultimately went down an embankment, rolled over, and burst into flames, cauing the four deaths. One family member frantically called 911 to report the horrifc event as it was happening. Over 100 reports of gas pedals becoming lodged in the floor mats led to the massive recall.

Toyota announced that public safety was of foremost concern in leading to the recalls. The company has already re-designed the pedals for future production, and has instructed dealerships as to how to shorten the pedals, and remove padding under the floor mat to resolve the potentially fatal problem.

A safety consultant in Massachusetts who investigated these cases found more than 2,000 incidents involving Toyota gas pedals, and 16 deaths and 243 injuries that may have been caused by these pedals. The recall involves Toyota Camrys, Toytoa Avalons, and the Lexus ES350.

If you own a Toyota Camry, Avalon or Lexus ES350, contact your Toyota dealership to see if your vehicle needs the modification. If you experience an acceleration problem due to the pedal sticking, and you are unable to dislodge the pedal, Toyota recommends that the driver place both feet on the brakes, and place the transmission in neutral, which will disengage the transmission. The driver can also turn the key to the off, or ACC position, which should turn the vehicle off, but still allow the driver to steer and use the braking system. The driver will lose the benefit of power steering and power brakes. Additionally, if your vehicle has a start button, Toyota recommends pressing the off button for three seconds to turn it off.

For more information, you can call Toyota at 800-331-4331 or the National Highway Transporation Safety Administration (NHTSA) hot line at 888-327-4236.

Millions of Cribs Recalled After Four Infants Die

allansteinhorn@gmail.com (Blog Author)22359 — Tue, 24 Nov 2009 08:00:00 EST

Over Two Million cribs are being recalled following reports that four infants died from suffocation. The cribs were manufactured by Stork Craft Manufacturing. The recall is the biggest crib recall in U.S. history.

150,000 of the cribs carry the Fisher-Price logo. 1.2 million cribs were sold in the U.S., and almost 1 million were sold in Canada.

Problems include hardware breaking, or becoming deformed over time. There are also problems with assembly mistakes made by the crib owner. These problems can lead to the drop-side of the crib detaching, causing a space to develop between the drop-side and the matress. Infants can then become trapped in the space, leading to suffocation and death.

Consumers should contact Stock Craft Manufacturing at 877-274-0277 to order a free repair kit. Crib owners can also obtain repair kits at the company's web site: www.aboutus.org/StorkCraft.com.

Two More Pedestrians Killed In Maryland

allansteinhorn@gmail.com (Blog Author)22358 — Tue, 24 Nov 2009 08:00:00 EST

Are our roadways safe? Why are pedestrians continuing to die in our area?

As we've reported in previous blogs, more and more pedestrians are being killed in motor vehicle crashes in our area. The Washington Post reports that two more pedestrians were killed on Friday and Saturday last week, one by a hit-and- run driver. Mathew Burgess, of Glen Burnie, Md. was killed in Anne Arundel County by a hit-and-run driver at 2:00 a.m. near the 100 Block of West Ordinance Road. Mr. Burgess, a mechanic by trade, was married and the father of a three year old. Police are searching for the driver that caused Mr. Burgess' death.

The second pedestrian fatality also occurred in the Glen Burnie area of Anne Arundel County, Md. Gregory S. Denton was killed when he tried to cross Route 2 at about 5:45 p.m. last Friday.

As we approach the end of 2009, one pattern is becoming more clear: more pedestrians are being struck by cars in our area than ever before. Please keep this thought in mind as you cross your next street. What once seemed like a safe and everyday event may be more hazardous than you think. Please use the greatest amount of caution when crossing our area's roadways-the driver of the multiple ton vehicle that approaches you at a high rate of speed may not.

At Clark & Steinhorn, we see the results of these tragedies first hand. We see the grief and sorrow these catastrophic injuries and deaths cause. That is why we urge you to be aware of the dangers on our roadways, particularly ones we don't generally think much about. After all, how dangerous can it be to cross the street? Unfornately, much more dangerous than one would think.

Teenage Drivers Cause Deaths and Injuries in Two Crashes

allansteinhorn@gmail.com (Blog Author)22101 — Thu, 19 Nov 2009 08:00:00 EST

As I reported yesterday, our area's roadways are becomming more and more dangerous due to the large number of vehicles on the road, leading to an increase in pedestrian fatalities. Today there is more sadness in connection with our roadways: two crashes by teenage drivers leading to fatalities and catastrophic injuries.

When I was growing up in Baltimore City, not far from Pimlico Race Track, a pedestrian fatality, or a fatal crash involving teenagers, was extremely rare. Same for the 1960's when my family moved to the Maryland suburbs of Washington, D.C. Today, in our region, where mass transit doesn't provide for the majority of the public, just about everyone over 16 seems to drive a car, and most adults own a vehicle. In just the last few days, we are reminded of just how tragedy can strike on our roadways, in a way that destroys the tranquility of every day life.

In Glenn Dale, Prince Georges County, three teens were injured, one critically, when a van rolled over at about 2:00 pm. The teens were trapped in the car, and emergency rescue personnel had to use hydraulic equipment to cut them out of the car.

And in Vienna, Va, another teenage resident of Prince George's County died when his vehicle struck a tree. The eighteen year old Clifton resident drove off the roadway of Old Courthouse Road at about 2:00 a.m. Investigators are trying to determine what caused the driver to veer off the road and into a tree.

Both these crashes show how quickly lives can change, and families irreparably harmed. Despite new laws in Maryland, Virginia and the District of Columbia concerning young drivers and licensing requirements, teenage drivers continue to rank at the top of most studies of motor vehicle crashes caused by driver error. And when it comes to crossing the street, more and more pedestrians are being injured and killed on our region's roadways.

If you have a teenager at home, be sure they understand both the responsibilites and dangers associated with driving. And all of us need to be aware of just how dangerous our roadways are each time we cross the street.

At Clark & Steinhorn, we strive to promote safety on our roadways. Please drive carefully and prudently, and be aware of the dangers out there when crossing the street. Its not Mayberry anymore, and its not the 1950's when most roads were two lanes, and not every family needed more than one car.

Pedestrian Fatalities Continue

rvcj@verizon.net (Blog Author)22023 — Wed, 18 Nov 2009 08:00:00 EST

In a blink of an eye, two families lost loved ones. In the last two days, two elderly pedestrians crossing the streets of Northwest Washington, D.C. were killed after being struck by automobiles. These tragic events are unfortunately becoming more frequent in our area.

Last week, a pedestrian was killed attempting to cross Suitland Parkway at Naylor Road in Prince George's County. Larry Moore, 54 years old, was killed by vehicles in a Secret Service motorcade.

Some speculate that the increase in pedestrian fatalities in our area is due to an increase in immigrants from undeveloped countries who have little experience crossing busy highways in our area. Others believe that the increase in traffic has made our roadways less safe for pedestrians. Whatever the reasons, pedestrian fatalities are increasing.

In a post 9/11 world that is increasingly becoming more dangerous by things we never considered growing up, the act of crossing the street would not seem to be high on the list of risks we must recognize. But as the events of the last week demonstrate, pedestrians must exercise the highest degree of caution to avoid the dangers on the road. It could save your life.

Rollover Crash-Test Stymies Toyota

rvcj@verizon.net (Blog Author)21992 — Wed, 18 Nov 2009 08:00:00 EST

The Insurance Institute for Highway Safety came out with its 2010 list of top "safety picks" and the inclusion of a new test thinned the herd of "safe" cars from 94 in 2009 to 27. http://www.iihs.org/news/rss/pr111809.html

The rollover test knocked out all Toyota and Lexus cars and reduced Honda's "safety" presence while rewarding Subara with the unofficial title of safest line of cars.

We have focused on this new safety category here in the past (See http://www.citizen.org/hot_issues/issue.cfm?ID=1504
) and if you are purchasing a new car the first link in this article is a must read.

Backing-Up Collision Kills Northwest Washington Man

rvcj@verizon.net (Blog Author)21891 — Tue, 17 Nov 2009 08:00:00 EST

A Northwest Washington man was struck while negotiating a crosswalk in the vicinity of the National Mall on Sunday November 15th, 2009 and subsequently died. The vehicle involved was backing up and stuck Richard Greenstein and his wife in a crosswalk.

The dangers of backing vehicles have been examined here previously and efforts to safeguard pedestrians are being explored at the National Highway Transportation Safety Administration.

Uninsured Trauma and Crash Victims More Likely To Die In Emergency Rooms

rvcj@verizon.net (Blog Author)21887 — Tue, 17 Nov 2009 08:00:00 EST

A disturbing new Harvard study reports that emergency room trauma patients are more likely to die than their insured counterparts.

The findings are in this months Archives of Surgery. See: http://archsurg.ama-assn.org/cgi/content/short/144/11/1006?home

Heretofore, it had been assumed by health care providers that laws such as the Emergency Medical Treatment and Active Labor Act, served to ensure that uninsured victims of car crashes, industrial accidents and other traumatic injuries, would receive the same care and outcomes as insured patients.

The main measure used in this study, " In-hospital death rate after blunt or penetrating traumatic injury" demonstrated that the outcomes for unisured patients was significantly worse. The precise reasons for this phenomenon are not presently known.

Off-Road Vehicles, ATVs and Rollovers

allansteinhorn@gmail.com (Blog Author)21814 — Mon, 16 Nov 2009 08:00:00 EST

The Consumer Product Safety Commission announced a vigorous effort to reduce deaths and personal injuries associated with misuse of All Terrain Vehicles (ATVs) and other Recreational Off-Highway Vehicles (ROVs). http://www.cpsc.gov/cpscpub/prerel/prhtml10/10020.html

The campaign is buttressed by a an advance notice of proposed rulemaking to address problems with ATV and ROV steering problems, insufficient lateral stability and inadequate protection during rollover crashes.

At Clark and Steinhorn, we have seen the dangers of recreational vehicles and are hopeful that a "proposed American National Standard for Recreational Off-Highway Vehicles" as proposed by the ATV/ROV industry, is strengthened to protect consumers .

Fort Totten Metro Crash Precipitates Federal Oversight

rvcj@verizon.net (Blog Author)21761 — Sat, 14 Nov 2009 08:00:00 EST

The United States Department of Transportation is proposing a wide-ranging overhaul of Federal oversight associated with the nation's subway and light-rail systems.

These include the Washington Metropolitan Area Transit Authority and its Metro system. These suggested changes come in the aftermath of the catastrophic June 22nd, 2009 Fort Totten Metro crash.

The Metro system is the second busiest subway system in the country and his been plagued with problems in 2009.

For more: http://www.washingtonpost.com/wp-dyn/content/article/2009/11/14/AR2009111402459.html?hpid=topnews

Tragic Case of Gaithersburg Youth's Death

rvcj@verizon.net (Blog Author)21712 — Fri, 13 Nov 2009 08:00:00 EST

In the aftermath of the Consumer Product Safety Commission's recalls of a variety of blinds and roller-shades (http://www.maryland-law.com/library/blinds-recalled-for-strangulation-risks-for-children.cfm ) the Baltimore Sun reports the tragic tale of a Gaithersburg child strangling in the cords of window blinds at his home. http://www.baltimoresun.com/news/maryland/bal-md.blind11nov13,0,301344.story

The extent of the health risk seemed underplayed in the C.P.S.C. recalls and the Sun article brings home the risk and the tragedy.

The C.P.S.C. has recalled millions of shades and blinds in recent years and suggests that one child is killed every month by them.

National Transportation Safety Board Sets Hearing on Fort Totten Metro Crash

rvcj@verizon.net (Blog Author)21675 — Thu, 12 Nov 2009 08:00:00 EST

Mark your calendars. February 23 and 24th, 2010 are the dates for the National Transportation Safety Board's public hearing on their investigation of the June 22nd, 2009 Fort Totten Metro crash.

The hearings ostensible purpose is gathering "additional factual information for the investigation." Wow, one would have thought they had all the information they required but there you go.

Witnesses will testify about a variety of topics including the adequacy of Metro's efforts to address safety issues, and the adequacy of state and federal oversight.

For a list of witnesses and webcast information check in at: http://ntsb.gov/Pressrel/2009/091112.html

Laurel Maryland Man Killed In Howard County Car Crash

rvcj@verizon.net (Blog Author)21673 — Thu, 12 Nov 2009 08:00:00 EST

A Laurel, Maryland man was killed on route 32 today when another vehicle purportedly crossed over the center double yellow line and struck his vehicle.

Gilbert Trowbridge II, was traveling Northbound on Route 32 near Nixon's Farm Lane when his car was struck head-on by an SUV driven by Min Na Moon of West Friendship. Mr. Moon was taken to the University of Maryland Shock Trauma Center and Mr. Trowbridge was pronounced dead at the scene.

Route 32 has been the scene of several high profile deadly car crashes this year despite efforts to enhance its overall safety.

Howard County Police report both drivers were wearing seatbelts and that charges are pending completion of their investigation.

School Bus Strikes and Kills Woman in Bethesda

rvcj@verizon.net (Blog Author)21637 — Thu, 12 Nov 2009 08:00:00 EST

A Montgomery County Public School bus struck and killed a 60-year old woman who was crossing Arlington Road in Bethesda on Wednesday November 11th, 2009.

The victim was reportedly in a crosswalk at the time and investigators are focusing on whether she was crossing with the light.

The bus was exiting Bethesda Elementary School with five student passengers, none of whom were injured.

Maryland was recently the focus of a study of spending on pedestrian and bicyclist safety measures. For more see : http://www.maryland-law.com/library/maryland-pedestrian-safety-an-oxymoron.cfm

School Bus and SUV Collide in Parkville

rvcj@verizon.net (Blog Author)21607 — Wed, 11 Nov 2009 08:00:00 EST

A Harford County School bus collided with an SUV in Parkville, Maryland today.

Reportedly, no students were injured in the crash which took place in Baltimore County at the intersection of Perry Hall Boulevard and Rossville Boulevard. The SUV driver was taken to Franklin Square Hospital at White Marsh for treatment.

Sanity Returns to Metro; Inspectors Now Allowed to Inspect Tracks

allansteinhorn@gmail.com (Blog Author)21595 — Wed, 11 Nov 2009 08:00:00 EST

You would think Metro has enough problems without the public relations fiasco resulting from recent reports that Metro has been blocking independent monitors from inspecting the tracks. Adding to Metro's woes (as if their safety performance over the last six months wasn't enough) are calls by Senator Barbara Mikulski for a federal probe into Metro's safety procedures. What is Metro trying to hide?

With Metro bus drivers negligently causing crashes and injuring pedestrians, and with the recent revelations that some of Metro's drivers have horrendous driving records, the discovery that Metro has not allowed independent inspectors to inspect the tracks is troubling, to say the least. One investigative report from the Washington Post points out that if Metro has nothing to hide about their safety procedures and protocals, they sure aren't acting like it. Washington Post reporters Joe Stephens and Lena H. Sun obtained records showing that transit officials have "stiff-armed" (their words, not mine) repeated requests by independent monitors to verify that Metro's safety features pass muster. See Duck and Cover at Metro. Why?

Metro's history is not one to brag about, and as the major transporter of the public in our area, Metro's safety procedures will be scrutinzied by lawyers and politicians seeking to understand the recent spate of crashes, injuries caused by trains, and deaths to Metro workers. Four subway workers were struck and fatally injured by trains in 2005 and 2006. In 2007, monitors from the Tri-State Oversight Committee (an entity that tries to monitor Metro safety standards) found "a shocking number of violations of Metro's safety rules." Amongst the violations: train operators failing to warn track workers by sounding their horns; dispatchers who didn't warn train operators that track workers were out on the rails. Although Metro was advised of these violations, and safety hazards, the response was not what one would expect: Metro refused to allow independent monitors to walk the tracks to check compliance with safety practices. And then, last June, we have the biggest train crash in Metro history at the Fort Totten subway station.

Fortunately, the bad publicity caused by the recent revelations has led Metro to reconsider: officials of the agency will now allow monitors to inspect the tracks. But since Metro's first responsibility is to ensure the safety of its passengers, it seems that bad publicity should not be the impetus for the implemenation, and adherence to reasonable safety procedures.

In a region with one of the the worst traffic congestion problems in the country, public transportation is essential. Safety should be of the most important consideration for Metro officials, not bad publicity.

If you or someone you know has been the victim of negligence resulting from Metro's actions, whether on the subway, trains, or buses, call the Law Offices of Clark & Steinhorn.

Amputation Risk Stimulates Stroller Recall

rvcj@verizon.net (Blog Author)21499 — Tue, 10 Nov 2009 08:00:00 EST

The Consumer Product Safety Commission announced a recall of over one million strollers sold by Maclaren USA since 1999 due to reports of stroller hinges amputating children's fingers.

The strollers manufactured in China have reportedly amputated a dozen children's fingertips. The amputations came about when the stroller was opened or unfolded.

The recalled models include the Volo, Techno XT, Quest Mod, Twin Triumph and several other models. If you are concerned about your Maclaren stroller call (877)688-2326 or go to the following link : http://www.cpsc.gov/cpscpub/prerel/prhtml10/10033.html

Bicyclist Struck and Killed by Bladensburg Police Car

rvcj@verizon.net (Blog Author)21498 — Tue, 10 Nov 2009 08:00:00 EST

Just yesterday we examined Maryland's deficiencies in the realm of pedestrian and bicyclist safety ( see http://www.maryland-law.com/library/maryland-pedestrian-safety-an-oxymoron.cfm ).

Today we learn from the Washington Post that on Saturday November 7th, 2009 a local bicyclist was struck and killed in Bladensburg by a Bladensburg police officer.

Reportedly, the cyclist was emerging from Bladen Plaza shopping center onto Annapolis Road when he was struck by a Bladensburg Police vehicle operated by Officer Alex Salinas.

The cyclist was transported to an area hospital where he was pronounced dead.

Car Crash Safety : Your Government at Work

rvcj@verizon.net (Blog Author)21293 — Fri, 06 Nov 2009 08:00:00 EST

We often tend to think of private industry as the key driver in vehicle crash safety. The reality is that the United States Government devotes far greater resources to cutting edge safety research and the primary clearinghouse is the National Highway Transportation Safety Administration.

NHTSA tends to love abbreviations and today we examine the Vehicle Research and Test Center or VRTC.

VRTC is the frontline for exactly what its name implies, testing vehicles in an effort to reduce the frequency and severity of car and truck crashes.

The diversity of the topics examined by VRTC run the gamut from vehicle rollover (see http://www.maryland-law.com/blog/nhtsa-study-to-determine-effectiveness-of-rollover-prevention-in-eighteen-wheeler-and-commercial.cfm ) to so-called rear-end crash avoidance systems.

The number of available publications is staggering and a reflection of the broad efforts to reduce car crash injuries and wrongful deaths.

The areas of study are generally divided into "Heavy Vehicle Research Program", "National Advanced Driving Simulator", "Intelligent Transportation Systems Research", "Light Vehicle Stability Research" and the "NHTSA Light Vehicle ABS Research Program".

NHTSA Study to Determine Effectiveness of Rollover Prevention in Eighteen Wheeler and Commercial Truck Crashes

rvcj@verizon.net (Blog Author)21290 — Fri, 06 Nov 2009 08:00:00 EST

The National Highway Transportation Safety Administration is putting the finishing touches on a study evaluating the effectiveness of anti-rollover technology in crashes involving large trucks including eighteen wheelers, semis and tractor trailers.

The project entitled "Commercial Vehicle Rollover Prevention Technology Demonstration" was initiated in 2008 and largely completed in September 2009. Its application will concern both heavy trucks and buses involved in collisions and other incidents which would likely result in rollover.

Prevention of commercial trucking rollover would likely substantially reduce the wrongful deaths and injuries which derive from tractor trailer and bus crashes. We look forward to the publication of this report and are optimistic that its findings in conjunction with a contemporaneous NHTSA study of electronic stability control in coomercial vehicles could make our roads safer.

For more see: http://www.maryland-law.com/blog/the-top-ten-reasons-for-commercial-truck-crashes.cfm

Twenty Million Dollar Baltimore City Verdict for Maryland Professor

rvcj@verizon.net (Blog Author)21270 — Thu, 05 Nov 2009 08:00:00 EST

A Baltimore City jury awarded more than twenty million dollars to a University of Maryland nursing professor as a result of her contracting mesothelioma from asbestos exposure.

The plaintiff, Jocelyn Farrar, has had her right lung removed and the asbestos-related cancer has continued to progress.
She was exposed to asbestos while washing her grandfather's work clothing back in her teens, some forty years ago.

It is reported that mesothelioma may not manifest itself by way of overt symptoms for decades. The symptoms can include shortness of breath, weight loss, anemia, bowel problems and chest pain

Maryland Medical Malpractice Settlement Appeal Goes Badly For Doctor

rvcj@verizon.net (Blog Author)21268 — Thu, 05 Nov 2009 08:00:00 EST

Maryland's intermediate appellate court rendered a decision in the case of Hashimi v. Bennett which served to clarify both the outcome of judgement and the application of the Uniform Contribution Among Joint-Tortfeasors Act (UCATA).

The underlying case, involved the tragic death of Adrian Bennett in 2003 as a result of sepsis. Prior to trial, Good Samaritan Hospital and Doctor Roman Kostrubiak settled with the family of the decedent, executing a joint-tortfeasors agreement.

Thereafter, the case went to trial against Doctor Hashimi and a verdict in the amount of $2,295,000.00 was returned.
Under application of prevailing Maryland law, the trial judge reduced the verdict to about $1,800,000.00 and determined that Dr. Hashimi was responsible for one third.

The doctor's lawyers argued that he should only be responsible for one fifth of the final judgement, as three different Good Samaritan employees has originally been sued. This position struck both the trial and appellate courts as illogical as the pre-trial settlement agreement mentioned only the hospital and Dr. Kostrubiak as settling defendants.

Perhaps, this matter will wend its way to the Maryland Court of Appeals.

Child Safety Seat Recall

rvcj@verizon.net (Blog Author)21232 — Thu, 05 Nov 2009 08:00:00 EST

At Clark and Steinhorn, we have focused extensively on the importance of child safety. Child safety seats and booster seats are the on the frontline of avoiding child injuries in car crashes. Often, these are not properly employed and many states and localities hold clinics on proper usage.

The National Highway Transportation Safety Administration announced last Friday that manufacturer, Lerado was recalling more than 5,000 Mia Moda Viva and Viva Supreme child restraint systems as a result of safety defects.

Apparently the base is susceptible to cracking during a car crash and also has a problem with its splitter plate cutting the harness straps.

If you are concerned that your safety seat is one subject to the recall you can call Lerado at (877)546-8437.

Sudden Acceleration in Toyotas: Floor Mats Strike Again

rvcj@verizon.net (Blog Author)21231 — Thu, 05 Nov 2009 08:00:00 EST

We have previously reported on the The National Highway Transportation Safety Administration's pronouncements on the proclivities of certain Toyota and Lexus vehicles toward floor mat entrapment resulting in their gas pedals getting stuck.
This phenomenon, reported by NHTSA on October 29th, 2009 was responded to by Toyota in what NHTSA characterizes as a "misleading" and "inaccurate" manner.

Toyota has suggested NHTSA has absolved their vehicles of this problem when the appropriate mat is used and secured properly. NHTSA has stated unequivocally that this is not the case. NHTSA has urged consumers to remove their floormats until a more permanent solution is arrived at.

Reports of deaths and serious injuries from crashes motivated NHTSA to take strong action. The extent of the problem can be seen in NHTSA's language, describing the problem as "very dangerous" and stating " a stuck accelerator may result in very high speeds and a crash, which could cause serious injury or death."

The vehicles involved are:

2007-2010 Camry
2005-2010 Avalon
2004-2009 Prius
2005-2010 Tacoma
2007-2010 Tundra
2007-2010 ES 350
2006-2010 IS 250 and IS350

$2.5 Million Dollar Lead Paint Verdict in Baltimore

rvcj@verizon.net (Blog Author)21136 — Wed, 04 Nov 2009 08:00:00 EST

A Baltimore, Maryland jury awarded two siblings more than $2.5 million dollars as a result of lead paint exposure. Searra Wallace, 17 and Dontae Wallace, 20, received the bulk of their verdict against City Homes, Inc. for future lost wages.

Their mothers efforts to move her family away from lead paint exposure was thwarted by inaccurate information provided by the Kennedy-Krieger Institute Lead Abatement program and City Homes, a non-profit organization which argued at trial that the children's incapacities resulted from earlier lead paint exposure.

Both siblings have struggled throughout their school careers and it appears that no argument was made that they had not suffered from lead paint exposure.

Deadly Prince Georges County Parking Lot Crash

rvcj@verizon.net (Blog Author)21063 — Tue, 03 Nov 2009 08:00:00 EST

One of the most bewildering but deadly incidents, killed a Fort Washington, Maryland woman on Monday November 2nd, 2009 in Prince Georges County. Karen Prince was struck and killed by an SUV backing up in a shopping center parking lot.

Ms. Prince was found under a Ford Expedition which had been backing up in the parking lot of the Vista Gardens Marketplace. She was unresponsive and had no pulse. Firefighters removed her to a local hospital where she was pronounced dead.

The incidence of such backing-up crashes is quite frequent and a subject discussed on this website in the past. It seems unfathomable that a vehicle could attain a rate of speed sufficient to kill someone but the National Highway Transportation Safety Administration has studied a variety of different possible causes. http://www.nhtsa.dot.gov/cars/rules/regrev/evaluate/rearwindow-report/toc.htm

No charges have yet been filed against the driver although it is hard to imagine this wrongful death in Glendale would have occurred without some degree of negligence. The bottom-line slow down when backing up and be careful in parking lots.

Clinton, Maryland Crash Victim Dies

rvcj@verizon.net (Blog Author)21046 — Mon, 02 Nov 2009 08:00:00 EST

Clinton, Maryland resident, Robert Burdette, died at Prince Georges Hospital Center as a result of injuries he suffered in a crash in Lothian, Maryland last month.

The victim was driving on Route 4 South in the vicinity of Plummer Lane on October 6th, when his vehicle was struck from behind by a Chevrolet Malibu operated by Sean Fitzgibbon of Friendship.

The impact caused Mr. Burdette's pickup truck to crash into a tree. Anne Arundel County prosecutors will meet with their police counterparts to examine what if any charges might be brought against Mr. Fitzgibbon.

E. Coli Outbreak Kills Two, Sickens Many More

allansteinhorn@gmail.com (Blog Author)21033 — Mon, 02 Nov 2009 08:00:00 EST

The Centers For Disease Control and Prevention report that as many as 28 people have become ill as a likely result of E.-Coli bacterial exposure. The ground beef which is at the root of the outbreak was a product of Fairbank Farms in New York.

A recall of some 546,000 pounds of ground beef has resulted from this occurence. This is the third recall by Fairbank Farms since 2007. Among the retail outlets pervaying this meat were Trader Joes, B.J.'s, Giant and Price Chopper.

The meat was packaged from September 15th to 16th, 2009.

E. Coli Contamination Prompts Maryland Ground Beef Recall

rvcj@verizon.net (Blog Author)20919 — Mon, 02 Nov 2009 08:00:00 EST

New York-Based Fairbank Farms has recalled more than a half million pounds of ground beef due to possible E.-coli bacterial contamination. The meat was distributed in approximately a dozen states including Maryland and Virginia.

As we have discussed here previously, measures to eliminate E.-coli from the ground beef process, have been hindered by inadequate inspection and an insufficiently rigorous rules. See: http://www.maryland-law.com/blog/food-safety-time-for-reform.cfm

The contaminated meat packaging features the number "Est 492". A New Hampshire resident has reportedly died and other illnesses have been reported.

Baltimore Hit and Run Tragedy: Regrettably Inevitable

rvcj@verizon.net (Blog Author)20880 — Sun, 01 Nov 2009 08:00:00 EST

As the investigation of the hit and run death of Johns Hopkins student, Miriam Frankl has unfolded, a tragic self-destructive picture of the owner and presumed operator of the vehicle that struck her has come into view.

Multiple arrests, multiple convictions and a history of alcohol abuse evidently characterized the life of Thomas Meighan, Jr. That he would hurt someone with a car seemed entirely predictable, almost inevitable, as he piled up drunk driving convictions.

His driving misadventures brought him into the court system regularly and he often sought leniency while simultaneously suggesting that alcoholism was ruining his life.

The court systems often don't deal effectively with such people until it is too late. This is a particularly sad instance.

Vehicle Rollovers: Infrequent But Deadly

rvcj@verizon.net (Blog Author)20853 — Sat, 31 Oct 2009 08:00:00 EST

At Clark and Steinhorn we see all manner of car and truck crashes in both Maryland and the District of Columbia, but the deadliest are often vehicle rollovers. This is in part a function of the severity of crashes which produce enough force to result in a vehicle turning over but also the result of inadequate roof strength in the overwhelming majority of vehicles.

Unsuprisingly, vehicle manufacturers routinely suggest that their vehicles do not have a propensity for rolling over and also that on the rare occasions that they do flip, that they are plenty safe. This is belied by traffic fatality numbers and demonstrated in the so-called "Jordan Rollover System". The "Jordan Rollover System" or JRS, is a device for evaluating roof strength and vehicle occupant safety in the event of a rollover accident.

Public Citizen, one of the preeminent safety organizations, has focused a good deal of attention on rollover safety and their website contains a wealth of information. See: http://www.citizen.org/documents/Safety%20briefing%20on%20roof%20crush%20final.pdf

One of the somewhat suprising revelations of research on rollovers is that opposite side passengers are far more likely to die than same side occupants. Which is to say that when a rollover occurs, the first side over is safer and the second side deadlier.

Therein lies a problem with Federal Roof-Integrity testing standards. The test is only for the near-side and consequently misses evaluation of the vehicle's true weak-points.

It is estimated that rollover occurs in only 4% of car crashes but results in 35% of fatalities. Perhaps, the National Highway Transportation Safety Administration could adopt more realistic standards and save lives.

Howard County Bus Crash Closes Route One

rvcj@verizon.net (Blog Author)20839 — Fri, 30 Oct 2009 08:00:00 EST

A Howard County Transit Bus was struck by a GMC Suburban at the intersection of U.S. Route One and Route One Hundred this morning. The bus driver and his sole passenger were uninjured. The five occupants of the SUV were treated at area hospitals.

The collision bogged down morning rush-hour traffic, closing the intersection for more than an hour while police investigated the crash.

Pregnant Clinton, Maryland Woman Saved From Car Underwater

rvcj@verizon.net (Blog Author)20816 — Fri, 30 Oct 2009 08:00:00 EST

In a tale of extraordinary heroism and a well-nigh miraculous recovery, a pregnant Clinton, Maryland woman was rescued after her car crashed through a guardrail, rolled more than 30 feet down an embankment and came to rest upside down in a creek.

A witness to the car crash caught the attention of paramedics en route to another call and they undertook a heroic rescue effort. After checking the stability of the upside down Ford Focus, the crew broke out the vehicle windows in an attempt to unlock it. No luck.

Then suddenly the locks opened, the paramedics cut the seatbelt off the driver and she was pulled to shore. Initially,
it was thought that the driver could not be saved as she was not breathing and had no pulse. After, CPR she was placed in an ambulance, her breathing and pulse returned and it was clear that both the mother and her unborn child would survive.

The driver, 23-year-old Sade Davis was released from Washington Hospital Center with minor injuries.

Motel Housekeeper Attacked in Gaithersburg Hotel Room

rvcj@verizon.net (Blog Author)20813 — Fri, 30 Oct 2009 08:00:00 EST

At Clark and Steinhorn, we see a wide variety of cases involving assaults upon members of the public, when they are on the premises of others. These so-called "premises liability" or "inadequate security" cases seem to occur at malls, hotels,
and apartment complexes and often involve sexual assault.

It appears that some criminals prey upon patrons of these places, seeking out gaps in the security systems. Not suprisingly, the businesses involved do not want to publicize these attacks, for fear of scaring away customers.

This creates a dilemma, should the businesses where the attacks take place warn their patrons to be on their guard or increase their security measures?

The answer is frequently neither. Warnings run the risk of frightening potential customers and bolstering security increases costs. Either way, businesses are loath to effect their bottom-line, even if they are aware of dangerous criminal activity on or near their premises.

On Thursday October 30th, 2009 a housekeeper at a Motel 6 in Gaithersburg, Maryland was attacked and raped in a room she was cleaning. The victim did provide a description of her attacker and his vehicle to Montgomery County Police.

For more see: http://www.washingtonpost.com/wp-dyn/content/article/2009/10/29/AR2009102903893.html

Safety Changes for Commercial Trucker's hours

rvcj@verizon.net (Blog Author)20695 — Wed, 28 Oct 2009 08:00:00 EST

In settlement of a lawsuit brought by Public Citizen, the United States Department of Transportation and the Federal Motor Carrier Safety Administration have agreed to revisit commercial-trucker hour limitations promulgated by the Bush administration. See http://www.citizen.org/pressroom/release.cfm?ID=2987

The lawsuit is being held in abeyance while efforts are undertaken to create new rules to enhance public safety and to reduce collisions between tractor-trailers and eighteen wheelers and the public. http://www.citizen.org/documents/HOS%20Joint%20Motion%20to%20Hold%20in%20Abeyance.pdf

While fatal crashes in Maryland, The District of Columbia and nationwide are down overall, the expanded consecutive hours rule almost inevitably would have served to increase comeercial truck driver fatigue. See : http://www.maryland-law.com/library/commercial-truckers-hours-and-public-safety.cfm

Many Failures Cited In 2008 Maryland Medevac Helicopter Crash

rvcj@verizon.net (Blog Author)20691 — Wed, 28 Oct 2009 08:00:00 EST

The National Transportation Safety Board presented its findings regarding the September 27th, 2008 Maryland Medevac helicopter crash in Prince Georges County on Tuesday October 27th, 2009 and there was plenty of blame to go around.
See: http://ntsb.gov/Pressrel/2009/091027.html

The crash which killed four including the pilot, took place on a foggy night and questions were raised as to whether a helicopter was even necessary to transport two car accident victims from Waldorf, Maryland in Charles County to Prince Georges Hospital Center in Cheverly, Maryland.

The intended destination was ultimately bypassed due to fog and the crash of "Trooper 2" in Walker Mill Park took place en route to Malcom Grow Hospital at Andrews Air Force Base.

The "probable cause" of the crash was " the pilot's attempt to regain visual conditions by performing a rapid descent and his failure to arrest the descent at the minimum descent altitude during a non-precision approach."

Translated into english the helicopter pilot could not see where he was going so he tried to get below cloud cover and crashed into the ground. Why did this happen?

The weather obviously played a major role. Yet it was a failure on the part of both the pilot and the Maryland State Police to properly assess the weather that played a key role. The Board questioned whether the helicopter transport was necessary, whether the pilot should have accepted the task and whether air traffic controllers provided the pilot up-to-date weather conditions at Andrews air Force Base.

The Board found that the instruments on the helicopter appeared to be working properly and that the pilot had inadequate recent experience with instrument landing.

The N.T.S.B. issued recomendations to the F.A.A., the Maryland State Police, Prince Georges County and all Helicopter Emergency Medical Service operators. These included thoughts on pilot training, air traffic control, patient transport decisions and emergency response.

White Truck Mayhem in Baltimore City Proceeded Hit and Run Wrongful Death

rvcj@verizon.net (Blog Author)20625 — Tue, 27 Oct 2009 08:00:00 EST

The Baltimore Sun has pieced together a terrifying chronicle of the progress of the white Ford truck which struck and killed a Johns Hopkins student on October 16th, 2009. See http://www.baltimoresun.com/news/maryland/baltimore-city/bal-md.meighan27oct27,0,4846571.story

Miriam Frankl was struck and killed by a hit and run driver operating a Ford truck owned by Thomas Meighan of Elkridge, Maryland. Mr. Meighan has been identified by witnesses as being at the wheel of his truck earlier in the day on October 16th, as it ran red lights, drove the wrong way on a one-way street and tailgated other drivers.

Mr. Meighan reportedly has six prior convictions for alcohol-driving violations and twenty-one motor vehicle convictions.

He is charged with seventeen moving violations for his driving behavior on October 16th although evidence has not yet emerged enabling prosecutors to charge him with manslaughter.

Evidently Mr. Meighan has pending charges from a July 2009 hit and run and in which he allegedly struck another vehicle, ran from the scene and was apprehended with a blood alcohol level in excess of the legal limit.

Grate Gives Way in Baltimore City, Man Falls to Injury

rvcj@verizon.net (Blog Author)20623 — Tue, 27 Oct 2009 08:00:00 EST

Ever walk over a sidewalk grate and wonder how safe it is? I certainly have and a Baltimore man found out the hard way that it's a long way down.

Walking at the Southeast corner of Calvert and Saratoga steets in downtown Baltimore this morning, a sidewalk grate gave way under a pedestrian causing him to fall 12 to 15 feet.

Baltimore City Fire Department officials report that it took about a half hour to extricate the victim, who was taken to the University of Maryland Shock Trauma Center with neck and back injuries.

One wonders how often the grates are inspected and what risk they present to pedestrians?

Ford Fire Hazard in Cruise Control Prompts Warnings and Recalls

rvcj@verizon.net (Blog Author)20560 — Mon, 26 Oct 2009 08:00:00 EST

The National Highway Transportation Safety Administration announced that more than 16 million Ford vehicles are susceptible to fire emanating from a defect in their cruise control systems. Eight separate recalls of Ford vehicles have been spawned by this problem.

The fire hazard exists whether or not the cruise control is being utilized. It is suggested that owners of the following Ford vehicles make an immediate appointment with their mechanics to have their vehicles evaluated:

1995-2003 Ford Windstars
2000-2003 Ford Excursion Diesels
1993-1997 and 1999- 2003 Ford F-Super Duty Diesels
1992-2003 Ford Econolines
1995-2002 Ford Explorers and Mercury Mountaineers
1995-1997 and 2001-2003 Ford Rangers
1994 Ford F53 Motor Homes

It is also strongly suggested that owners of these Ford vehicles avoid parking their vehicles in their garages or near their homes until the vehicle is inspected.

Baltimore County Motorcycle Officer Killed in Tragic Crash

rvcj@verizon.net (Blog Author)20557 — Mon, 26 Oct 2009 08:00:00 EST

On Sunday October 25th, 2009, a Baltimore County Police Officer was killed in a crash on Old Harford Road. 42 year-old Officer Jeffrey Neral, was traveling to work around one o'clock p.m. when he collided with a vehicle driven by Pei Kao of Baltimore City.

This is the second fatal crash involving a Baltimore County police officer in the last month.

Teen Driving Fatalities

rvcj@verizon.net (Blog Author)20530 — Sun, 25 Oct 2009 08:00:00 EST

The dangerous propensities of teenage drivers are widely known. Inexperience coupled with recklessness is a recipe for disaster. The Insurance Institute for Highway Safety examines teen crash deaths in Fatality Facts 2008 and provides a glimpse into the circumstances of these tragedies. http://www.iihs.org/research/fatality_facts_2008/teenagers.html

Not suprisingly, 16 year-old drivers have the highest incidence of crashes per mile driven, twice as high as 18 to 19 year-old drivers. Teens overall have a crash rate per mile four times that of older drivers. States with graduated licensing have seen a substantial decline in teen car crashes as phased in licensing serves to restrict the circumstances in which new drivers are permitted on the roads.

Maryland teens are not allowed to drive after midnight or with their friends in the car under their initial restricted license.

4.054 teens died in car crashes in 2008, a reduction of more than half from 1975. Two-thirds of the wrongful deaths are males, although the rate of teen male deaths is steadily declining.

The leading cause of death among teens is motor vehicle crash and more than 60% of these are vehicle drivers.

Alcohol-use in teen traffic fatalities stands at about 16% and again males are more likely to have involvement with alcohol than female.

The bottom-line, teens need vast supervision to avoid car and truck collisions.

Hospital Performs Fifth Wrong-Site Surgery in Two Years

rvcj@verizon.net (Blog Author)20528 — Sun, 25 Oct 2009 08:00:00 EST

One of the most desirable consequences of medical malpractice actions is the subsequent efforts on the part of hospitals and health care providers not to repeat past mistakes. A Rhode Island hospital reportedly has performed five wrong-site surgeries since 2007.

Wrong-site surgeries are exactly what the name implies. Surgery intended for one part of the body but performed on another. The incidence of this clear-cut medical malpractice, has been reduced through a variety of means. These include writing on the body part to be operated on, having the surgical team confirm with the patient the whereabouts of the surgery and other measures.

Reportedly, the latest medical error involved a surgery on the wrong finger. The hospital was previously fined when three brain surgeries in 2007 were performed on the wrong side. http://wtopnews.com/?nid=456&sid=1794213

Hit and Run Driver Apprehended in Charles Village Hit and Run Death

rvcj@verizon.net (Blog Author)20504 — Sun, 25 Oct 2009 08:00:00 EST

A Sykesville, Maryland man was apprehended in connection with the tragic death of Johns Hopkins student, Miriam Frankl on October 16th, 2009 In Baltimore City. See http://www.maryland-law.com/blog/police-locate-truck-in-charles-village-hit-and-run.cfm

Thomas Meighan was the owner of the Ford F-250 pickup truck which struck and killed Ms. Frankl. He reportedly has four prior drunk driving arrests and was charged with first degree escape from a minimum-security Maryland prison.

His precise involvement in the tragic hit and run has not been detailed by Baltimore City Maryland police.

Electronic Medical Records, Health Care Reform and Medical Malpractice: Hand in Hand?

rvcj@verizon.net (Blog Author)20496 — Sat, 24 Oct 2009 08:00:00 EST

In the acrimonious health care reform debate a common denominator for all participants has been the need to digitize medical records. The perceived advantages include greater access to records and the ability of physicians in different locations to communicate about patients while swiftly assaying the patients' medical chart.

These same advantages have also been enthusiastically embraced as a mechanism for reducing medical malpractice and enhancing patient outcomes. Additionally, it has been thought that electronic record-keeping will reduce medical costs overall.

Unfortunately, the reality is that errors in software, data input and a siginificant incidence of computer malfuction may have created a very expensive monster. Reports of computer glitches which resulted in children systematically being given adult doses of medicines and other problems have been reported.

After a century of paper record-keeping the transition to digital records is both time-consuming and expensive. The Washington Post explores this topic in detail and focuses on the difference between the practical reality of transitioning to electronic records and the hoped for benefits. See http://www.washingtonpost.com/wp-dyn/content/article/2009/10/24/AR2009102400967.html?hpid=topnews

This tranistion has also created a whole new species of medical malpractice claims that we, at Clark and Steinhorn are seeing. These are medical negligence cases in the District of Columbia and Maryland with both written and digital records.

Needless to say this complicates matters considerably. I suspect that it also complicates matters for health care providers and hospitals. As an avid supporter of reduced health care costs and reduced incidence of medical malpractice, I hope that this inevitable transition goes more smoothly.

Maryland Cancer Rates Down

rvcj@verizon.net (Blog Author)20488 — Fri, 23 Oct 2009 08:00:00 EST

Overall, cancer rates in Maryland are down although some individual varieties are increasing. Cancer of the liver and pancreas are up slightly and thyroid cancer has increased more than 25% across the period 2001-2005.

The greatest reduction has been with respect to cancer of the cervix with with reductions of stomach, prostate and colorectal cancer close behind. Incidence of cancer in Black Marylanders is noticeably greater than white Marylanders, although recently significant improvement has been seen.

Howard and Montgomery County have performed the best in reducing cancer death rates and have proven to be the only counties in Maryland to successfully meet the Centers for Disease Control Healthy People 2010 objectives. See http://www.healthypeople.gov/

The overall cancer death rate in Maryland is a little more than 10,000 per year with the highest rates in Baltimore City and Somerset County.

Metro Tests New Crash System

rvcj@verizon.net (Blog Author)20487 — Fri, 23 Oct 2009 08:00:00 EST

The June 22nd, 2009 Fort Totten Metro crash has confounded both Metro and governmental investigators. Despite this, a new crash avoiding software system will be tested next week. The precise cause of the crash has proven elusive, but a track circuit failure seems to be the culprit.

Metro had been laboring under the illusion that it had a "failsafe" system that would prohibit crashes but this notion was shattered in June.

The National Transportation Safety Board has made it abundantly clear that existing Metro crash avoidance systems are inadequate. The new proposed system should provide real time information about track circuit anomalies and will alert the Metro operations center.

The cost of this "improvement" is as yet unknown.

Floormats Are The Culprit In Sudden Acceleration Toyota and Lexus Crashes

rvcj@verizon.net (Blog Author)20287 — Tue, 20 Oct 2009 08:00:00 EST

We have discoursed previously on so-called "sudden acceleration" car crashes. While most mechanical causes have been dispensed with, Marylanders are injured and even killed in "sudden acceleration " crashes and as a result new information is always worth examining.

The National Highway Transportation Safety Administration (NHTSA) reports a phenomenon in both Toyota and Lexus vehicles that bears reporting. Floor mats are the culprit. In a host ot Toyota manufactured vehicles ( Lexus is one) Transportation Secretary, Ray LaHood urgently recommends immediate removal of drivers side floor mats.

The floor mats will doubtless be recalled but in the interim, Toyota and Lexus owners are strongly urged to remove of the floor mat on the drivers' side.

Reports of serious personal injuries and even deaths resulting from "very high speed vehicle crashes" are the motivation.

The vehicles involved include:

     * 2007-2010 Camry
     *2005-2010 Avalon
     *2004-2009 Prius
     *2005-2010 Tacoma
     *2007-2010 Tundra
     *2007-2010 ES 250
     *2006-2010 IS 250 and IS 350

Metro Ridership Dangerous?

rvcj@verizon.net (Blog Author)20266 — Mon, 19 Oct 2009 08:00:00 EST

I know, I know, people are piling on Metro. However, WTOP's latest report should raise the hackles on its riders.

Metro train and bus operators reportedly have been the subject of more than 4,000 safety complaints since 2004. Wow!
Reports of speeding in residential neighborhoods, failing to obey traffic devices including stop lights and myriad collisions with pedestrians and other cars, are among the transgressions.

In addition to safety issues there are also numerous instances of discourteous and in some cases disgusting behavior.
Wheelchair passengers report not only neglect but instances where erratic driving caused them to tip-over. Sleeping on the job? Check. Watching TV while driving? Check. Assaulting a passenger carrying a child? Check. The list goes on and on.

So take a moment and go the to WTOP link and it will open your eyes to how naive we may all have been. http://wtopnews.com/?nid=226&sid=1787491

Police Locate Truck in Charles Village Hit and Run

rvcj@verizon.net (Blog Author)20227 — Mon, 19 Oct 2009 08:00:00 EST

Baltimore City police report having located the white Ford 250 pick-up reportedly involved in a tragic Charles Village hit-and-run Friday October 16, 2009 which killed Johns Hopkins student, Miriam Frankl.

The police were aided by the public, which reported the offending vehicle's whereabouts, after its tag number and description were disseminated through the media. http://www.maryland-law.com/blog/baltimore-hit-and-run-tragically-kills-hopkins-student.cfm

The vehicle evidently belongs to a Carroll County, Maryland resident. Baltimore City police have the vehicle in custody and crime technicians are examining it for evidence of the hit and run and a determination as to who was operating it at the time.

The collision took place at 3:15 p.m. at the intersection of University Parkway and Saint Paul Street in Baltimore City.

Montgomery County Fire Official Crash Investigation Questionable

rvcj@verizon.net (Blog Author)20196 — Sun, 18 Oct 2009 08:00:00 EST

Last November 30th, Montgomery County Assistant Fire Chief, Gregory DeHaven, was involved in a crash in which he struck multiple vehicles including a police cruiser, becoming airborne in the process.

Having represented numerous drivers who were victims of such dramatic crashes, we at Clark and Steinhorn know that the investigation afterwards would typically be quite thorough, particularly when alcohol was reportedly involved.

Inexplicably, this investigation was not. A report issued by Chief Investigator, Thomas Dagley, reports that six witnesses who observed Mr. DeHaven at the scene were not interviewed. They allegedly observed slurred speech, prominent odor of alcohol and several near falls by the Assistant Fire Chief.

One of the crash victims was apparently approached by Mr. DeHaven and asked if the car crash could be resolved without the involvement of the police. This individual also smelled the odor of alcohol and reported DeHaven had trouble standing.

The police did not timely request a blood alcohol test and issued a ticket for failure to control vehicle, a $130.00 fine. When tested three hours later DeHaven's blood alcohol was almost double the legal limit.

DeHaven was fired as a result of this incident and is appealing that dismissal. The inevitable question: was he allowed to skate on a DUI because of his position or connections?

Elridge Maryland Crash Sends Three to Shock Trauma

rvcj@verizon.net (Blog Author)20193 — Sun, 18 Oct 2009 08:00:00 EST

Three area residents were taken to the University of Maryland Shock Trauma Center in Baltimore as a result of a crash on U.S. Route One in Elkridge, Maryland on Friday October 16th, 2009.

The multi-vehicle crash reportedly came about when a southbound Chevy Trailblazer operated by a sixteen-year-old driver, went out of control and struck a northbound tow truck and then struck a Chevy Cavalier. The drivers and occupants of the Chevrolets were taken to the R. Adams Cowley Shock Trauma Center at the University of Maryland in Baltimore.

The incident took place around five o'clock p.m. near Old Washington Road.

Worker Rescued From Power Plant Silo

rvcj@verizon.net (Blog Author)20189 — Sat, 17 Oct 2009 08:00:00 EST

Firefighters from Baltimore rescued a maintenance worker who had fallen some 120 feet into a coal silo at the Constellation Energy plant in Bowleys Quarters in Baltimore County, Maryland. The worker was transported to the University of Maryland Shock Trauma unit.

The confined space rescue took some two and a half hours.

Baltimore Hit and Run Tragically Kills Hopkins Student

rvcj@verizon.net (Blog Author)20188 — Sat, 17 Oct 2009 08:00:00 EST

Tragically, a twenty-year old student at Johns Hopkins University was struck and killed by a hit-and-run driver in Baltimore's Charles Village on Friday October 16, 2009.

The vehicle which struck her was reported to be a white Ford F-250 pick-up truck with Maryland license tag 94W 412.

AAA of the Mid-Atlantic has been focusing on the increase of such hit-and-run deaths in Maryland, the District of Columbia and Virginia.

Medical Device Makers: Money, Mischief, Medical Malpractice, Misgivings

rvcj@verizon.net (Blog Author)20180 — Sat, 17 Oct 2009 08:00:00 EST

As Democratic lawmakers work toward hammering out health care reform and as Republicans work to thwart them, interesting alliances form. Our favorite hometown newspaper, the Washington Post, reports one such odd alliance.

Minnesota Democratic Senators Amy Klobuchar and Al Franken are uniting with Republican Governor, Tim Pawlenty to battle concessions sought from medical device manufacturers in the proposed reform of health care. This unusual alliance stems from the prevalence of jobs in that industry in Minnesota.

President Obama and Senator Max Baucus have cajoled a variety of stakeholders in our medical system including doctors, drug companies and allied health professionals into making economic concessions to facilitate health care reform. The quid pro quo for these concessions, the influx of tens of millions of new insureds into the health care system.

Many clinics, hospitals and doctors while obliged to take Medicare and uninsured patients, can only do so with a balance of insured patrons. The proposed health care reforms contemplate compulsory health insurance for essentially the entire population.

As one can imagine, this is popular with the insurance industry (oh boy 48 million new customers) and health care providers. (oh boy insurance companies to pay us). It is not so popular with medical device manufacturers, who contend that the new insureds will not be typical users of their products. Their position is that the elderly who are already either insured by Medicare or private insurance, are the ones who need artificial hips and knees and heart stents.

They assert that there is not much room in their profitability to make economic concessions.

One must look at this assertion skeptically. The industry has been granted unwarranted protection from medical malpractice and product liability lawsuits for their defective products. The American population is aging rapidly with an ever increasing need for the industries most lucrative products.

The industry aggressively markets its highly expensive products and is thought to be a major contributor to skyrocketing medical care costs. It is also a major contributor to political candidates in a position to help them.

The politicians are in a bit of a pickle. The jobs in medical device manufacturing and sales are good ones in a time of
recession. At the same time, long-term concessions from the industry could go a long way toward making health care reform possible.

Single Car Crashes Kill the Most Drivers in Maryland, D.C. and Virginia Car Crashes

rvcj@verizon.net (Blog Author)20168 — Fri, 16 Oct 2009 08:00:00 EST

More than 60% of car crash deaths in Maryland, Virginia and the District of Columbia were in single car accidents in 2008. This disturbing fact derived by AAA Mid-Atlantic, estimates that 860 of the 1,449 wrongful crash deaths were single-vehicle collisions.

AAA estimated that 58% of area auto crash deaths between 2004 and 2008 were single-car crashes.

Factors that predominated included speeding, drunk driving, driving at night and distracted driving. A prior history of traffic convictions and crashes were also widely seen.

Front-End Crash Deaths: Why the Modern Safety Features May Not Save Us

rvcj@verizon.net (Blog Author)20167 — Fri, 16 Oct 2009 08:00:00 EST

We have previously discussed the wonders of modern automotive safety features (see http://www.maryland-law.com/blog/motor-vehicle-crash-safety-air-bags.cfm

Yet we are perplexed by the prevalence of auto crash fatalities involving frontal collisions in modern air bag and crumple- zone equipped vehicles. This perplexity is evidently shared by the National Highway Transportation Safety Administration as they have published an extensive study on the subject. http://www-nrd.nhtsa.dot.gov/Pubs/811102.PDF
The findings should encourage seat belt and air bag use, as it is estimated that the risk of death in a car crash is reduced 61% by the use of these safety devices.

NHTSA identified 122 collisions which involved vehicles with modern safety amenities striking each other in essentially a front-to-front crash. The specifics of each car accident were categorized and the study identifies a series of common scenarios which appear to mitigate the benefit of crumple zones, air bags and seat belts.

The most frequent, unsuprisingly, were crashes that were so severe that the safety features could not compensate for the force of the collision. If cars are going fast enough, no presently available safety equipment can absolutely protect the vehicle occupants. The study contains an interesting digression on the practicality of making vehicles less vulnerable to catastrophic crashes and the cost and engineering impracticalities of doing so.

The second most recurrent problem was so called poor structural engagement between the vehicles. In plain language it is when vehicles don't hit exactly head on and the force of the impact strips away or disengages some aspect of or benefit of the safety features.

Four other categories were identified which included corner impacts, oblique crashes, impacts with narrow objects and underrides. Interestingly, most of the deadly crashes involved some combination of the problems.

Traffic Deaths Continue Downward Trend

rvcj@verizon.net (Blog Author)20019 — Wed, 14 Oct 2009 08:00:00 EST

We have discussed the decline in wrongful accident deaths in Maryland and nationwide here on previous occasions.
http://www.maryland-law.com/library/maryland-motor-vehicle-death-cases.cfm

The latest information from the National Highway and Transportation Safety Administration indicates that this trend has continued throughout 2009. http://www-nrd.nhtsa.dot.gov/Pubs/811207.PDF

In each month of 2009, traffic fatalities have been down from the same month in 2008. This good news may be a by-product of the slowed economy but it is nonetheless welcome news.

New Metro Strategy: Obey the Law

rvcj@verizon.net (Blog Author)19963 — Tue, 13 Oct 2009 08:00:00 EST

In an unexpected development, Metro Bus operators have vowed to obey traffic laws, including speed limits. This stunning development was announced by Amalgamated Transit Workers Local 689 president, Jackie Lynn Jeter.

This safety campaign will undoubtedly be welcomed by the public. "What's that, it's not a safety campaign"? The actual purpose announced by Ms. Jeter was "to protect ourselves and our jobs." Okay, surely safety has to benefit even if it's not
the primary motivation.

In fairness to Ms. Jeter and her comrades, the performance expectations of Metro necessitate speeding to keep up with schedule demands. Which is to say, if bus drivers don't speed they can't be on time in heavy city traffic and if they do speed and its a factor in a crash it is evidence of negligence.

Drivers can't win and that's not fair. So we at Clark and Steinhorn applaud Local 689 and Ms. Jeter and say better to be safe than sorry.

Car Crash Safety: What a Difference Fifty Years Makes

rvcj@verizon.net (Blog Author)19915 — Tue, 13 Oct 2009 08:00:00 EST

We have previously discussed the effect of such modern auto safety technologies as air bags and anti-lock brakes. An interesting video from the Insurance Institute for Highway Safety shows why a picture is worth a thousand words. The video involving a head-on collision between two Chevrolets, one a 2009 Malibu and the other a 1959 Bel Air, is stunning.
http://www.iihs.org/50th/default.html

The crash of the vehicles is shown from many points of view. One can easily discern that the 2009 car while badly damaged, protects its driver with a host of modern safety innovations. Most noteworthy is that the passenger compartment in the 1959 car was destroyed and in the 2009 car remained intact.

It is obvious from the video that the safety belts, air bags and front engine compartment crumple zones, work together to maximize the protection of the modern-day driver. The devastation wrought on the 1959 driver is tremendous.

The crash conducted with both vehicles traveling at forty miles per hour, should vindicate once and for all that the modern safety improvements are invaluable.

It should also remind the motoring public that the American auto companies, which taxpayers so recently bailed out, have resisted each of these safety improvements along the way. Their argument has been that the safety technologies (seat belts, air bags, anti-skid controls, you name it) will increase the cost of their vehicles thereby decreasing sales.

The reality is that safety has become a major selling-point with modern cars. The enthusiasm of the public for safer cars has driven both premium brands like Lexus and Mercedes, and budget brands like Hyundai and Kia, to feature more safety items than their competitors in effort to drive sales.

So, next time someone tells you don't need modern auto safety items watch the video, you'll want them.

Amtrak Train Kills Maryland Boy

rvcj@verizon.net (Blog Author)19850 — Mon, 12 Oct 2009 08:00:00 EST

A high-speed Amtrak Acela train struck and killed a thirteen-year old Elkton, Maryland boy on Sunday October 11th, 2009.

The tragedy took place while the boy and his companions were crossing the train tracks en route home, late Sunday afternoon.

Metro Train Operator Leaves Train, Passengers in Lurch

rvcj@verizon.net (Blog Author)19836 — Sun, 11 Oct 2009 08:00:00 EST

Maybe it is just the greater attention the Fort Totten Metro crash has brought but it seems there is some new incident at Metro every week. This week it was reported that a Metro train operator walked off the job due to illness, leaving a Metro train full of passengers at the New York Avenue Station.

The incident took place on Monday October 5th, 2009 around 11:25 p.m. The operator left the train and did not return and a second Red Line train picked up the passengers.

The inevitable question, was this a potential safety danger for the passengers? Tune in tomorrow for more.

Deadly Crashes Lead to Route 32 Improvements

rvcj@verizon.net (Blog Author)19799 — Sat, 10 Oct 2009 08:00:00 EST

Some times the only way to get safety action is for tragedy to intervene. http://www.maryland-law.com/blog/route-32-gets-sorely-needed-safety-attention.cfm

This weekend the Maryland State Highway Administration will commence work on left-turn lanes on Route 32 at three locations. This much-needed project comes in the aftermath of the deaths of Sykesville, Maryland residents Brian Emery, Kyong Hae Kim and Vincent Woodward.

The new turn lanes will be at River Road, Day Road and Amberwoods Way. The goal is to complete this work by December 2009.

This busy stretch of roadway will also receive a new center lane to facilitate turns at Emory Farm Lane, Heritage Farms Court, Coventry Meadows Drive and Indian Hill Drive.

The looming long-term question, when will Route 32 be expanded to four through lanes to handle the ever-increasing volume of traffic?

The Top Ten Reasons For Commercial Truck Crashes

rvcj@verizon.net (Blog Author)19797 — Sat, 10 Oct 2009 08:00:00 EST

We often have occasion to discuss here the circumstances which lead to crashes between commercial trucks (semis, eighteen wheelers and smaller trucks) and cars. Probably the most comprehensive study of this subject is the Large Truck Crash Causation Study. http://www.fmcsa.dot.gov/facts-research/research-technology/analysis/FMCSA-RRA-07-017.htm

This landmark study has been the subject of discussion here previously. Today we note the top ten factors identified as
having caused collisions between commercial trucks and other vehicles.

It is important to recognize that in many instances more than one of these factors was present. They are in descending order of frequency : brake problems, traffic flow issues (prior accident or congestion), prescription drug use, excessive speed, roadway unfamiliarity, actual roadway problems, non-adherence to traffic control devices (traffic lights, stop signs and crosswalks), over the counter medications, inattention and fatigue.

Obviously, many of these variables are interrelated. The study examines in greater detail the relative risk of each of the categories and is examined in our article "Commercial Truck Crashes: Causes and Effect."

Independent Truckers Advocate Texting Ban

rvcj@verizon.net (Blog Author)19793 — Sat, 10 Oct 2009 08:00:00 EST

It's contagious! Not H1N1 but the widespread recognition that texting while driving is unduly dangerous. The Owner-Operator Independent Truckers Association, 158,000 truckers strong nationwide, have endorsed not only a texting while driving ban but also a greater governmental emphasis on safe-driving in proximity to commercial trucks, eighteen wheelers and semi-trucks.

As has been discussed extensively here in the past, professional truck drivers are the nation's safest drivers per mile driven. Unfortunately, when they are involved in crashes with cars, motorcycles and other smaller vehicles, the destruction, personal injury and wrongful death are considerable.

The OOIDA headquartered in Kansas City, Missouri has been in operation for 36 years and emphasizes not only safe driving by its members but also by the overall motoring public when in proximity to big rigs.

More Metro Troubles: Pedestrian Struck By Bus Dies

rvcj@verizon.net (Blog Author)19647 — Wed, 07 Oct 2009 08:00:00 EST

Sadly, the 61-year-old woman struck by a Metro bus on Monday October 5th, 2009, passed away at Washington Hospital Center on Tuesday. Stephanie Richardson, a clericall assistant, was struck as she attempted to cross Mount Olivet Road in Northeast Washington.

The last Metrobus collision-related death took place more than a year ago. Metro is investigating the incident and has reissued a pedestrian safety bulletin to all of its bus drivers.

This has been a rough year for Metro with the June 22nd, 2009 Fort Totten Metro crash and a series of other deaths and injuries. Another potential disaster was averted yesterday when a collector shoe fell off a Red Line train, causing a big commotion and generating a two-hour delay.

Octogenarian Crashes Car Into Bethesda Salon

rvcj@verizon.net (Blog Author)19624 — Tue, 06 Oct 2009 08:00:00 EST

For the second consecutive day, a Maryland driver crashed their vehicle into a building, injuring themselves and others.
The incident, which took place around 3 pm. on Arlington road in Bethesda, injured the driver and two employees of the spa whick was struck.

The driver seemed cc to accelerate and lose control of her Toyota Camry. It appears that the injuries are not dire.

Preventable Deaths and American Health Care

rvcj@verizon.net (Blog Author)19573 — Tue, 06 Oct 2009 08:00:00 EST

When we at Clark and Steinhorn file a wrongful death medical malpractice claim in Prince Georges County, Maryland what we really are filing is a "preventable death" claim. In essence, we assert that a patient did not have to die if they had been treated within the standard of care applicable to the particular defendants.

The Washington Post today reports on an amazing and disturbing fact of the modern American medical system, we spend more per person on health care than any nation in the world but lose more people to preventable illnesses than all but four of the nineteen "industrialized countries."

We don't merely spend more for less, on average we spend almost two and a half times as much as the other eighteen countries for vastly less. How can this be?

Much of this stems from the fact that those who are adequately insured get the benefit of the latest technologies and medicines. There also is the fact that physicians are paid more here, health insurance companies take a larger cut and that treatment often involves more use of prescriptions and surgical procedures.

The problem is that tens of millions of Americans have no insurance and do not get routine care. Diabetes is controllable but not if you don't have access to any care. The uninsured often can't afford prescriptions, dentistry, screening for chronic diseases and routine care.

Consequently, any care they receive is at an acute stage in their disease process, when curing is far more difficult and expensive leading to "preventable death."

The bottom-line the richest nation in the world could provide routine health care for everyone, decrease "preventable deaths" and save money.

E. Coli and Food Safety

rvcj@verizon.net (Blog Author)19570 — Tue, 06 Oct 2009 08:00:00 EST

The cases that come through Clark and Steinhorn often seem to reflect the news in Maryland and the District of Columbia. People get excited about texting while driving and sure enough we see an increase in automobile personal injury cases where distacted driving plays a role.

ATV crashes are up and our law practice would have predicted it. http://www.maryland-law.com/library/atv-injuries-and-deaths.cfm

So now food-borne illness cases seem to be on the rise and well you can imagine the rest. We have examined the dangers of E. Coli in ground beef and ironically, the Center For Science in the Public Interest has come out with a new study which shows that some of the most hazardous foods are also ones with great health benefits.

The study lists the top ten foods which have created the largest food-borne illness outbreaks. Number one, leafy greens.
Also on the list berries, sprouts, tomatoes, potatoes, eggs, oysters and tuna.

The U.S. Centers for Disease Control estimate that 5,000 Americans die each year from food-borne illness and that one quarter of the population is sickened.

For more information go to www.makeourfoodsafe.org.

Driving Lesson Goes Awry: Driver Crashes Into Apartment

rvcj@verizon.net (Blog Author)19555 — Mon, 05 Oct 2009 08:00:00 EST

A 46 year-old man sitting in his Lanham, Maryland apartment got an unwelcome suprise when a mini-van ran into his bedroom. The vehicle was being operated by an unlicensed driver who was evidently taking a driving lesson from another unlicensed driver.

The vehicle is reported to have accelerated suddenly into the Prince Georges County apartment injuring the resident.
The vehicle operator and his driving instructor were apparently in the U.S. illegally and are in custody.

Tragic Car Accident Takes Life of Sun Editor and Injures Daughter

rvcj@verizon.net (Blog Author)19552 — Mon, 05 Oct 2009 08:00:00 EST

In a story that tugs at your heart, Baltimore Sun Business editor, Timothy Wheatley was killed this morning and his daughter injured in a crash with a U.P.S. truck. The collision took place at the intersection of Corbett road and York road in Baltimore County, Maryland.

The incident occured as Mr. Wheatley was driving his daughter to school. Our utmost sympathies are with the Wheatley family.

America's Loves Driving and Cell Phones: Bad Mix

rvcj@verizon.net (Blog Author)19484 — Sun, 04 Oct 2009 08:00:00 EST

The damage estimates are staggering, 2,600 deaths, 342,000 injuries and 42 billion dollars in economic losses, all attributable to distracted driving. These numbers compiled by the Harvard Center for Risk Analysis seem almost inconceivable.

270 million cell phones and 136 million cars don't mix well. The consensus from this last weeks convocation in Washington is that enforcement is the key. Analogizing texting while driving to drinking and driving, it seems that the only effective deterrent is to penalize non-compliant motorists.

The problem is that states, including Maryland and Virginia, have passed such watered-down laws that enforcement will be very difficult. Quite simply, Marylanders are allowed to read text and phone messages and enter numbers into their phones while driving. Obviously, it would be difficult for charging officers to distinguish which drivers are illegally texting and which are legally studying their phones in equally dangerous behavior.

In Virginia officers can only ticket phone abusers as a secondary violation, meaning that they can only pull over a driver for other illegal driving behavior first and ticket cell phone misuse second.

It seems clear that injuries and wrongful deaths will continue to pile up in Maryland, Virginia and elsewhere until laws and their enforcement are made more effective. http://www.maryland-law.com/blog/reducing-car-and-truck-crashes-through-distracted-driving-reduction.cfm

Motor Vehicle Crash Safety : Air Bags

rvcj@verizon.net (Blog Author)19462 — Sat, 03 Oct 2009 08:00:00 EST

We have expounded on anti-lock braking systems and the fact that while they prevent injuries in car crashes, they don't necessarily reduce wrongful deaths. http://www.maryland-law.com/blog/fatal-crashes-and-abs-do-safety-technologies-save-lives.cfm

Today we focus on the now ubiquitous airbags. Safercar.gov has a highly useful webpage about the effectiveness and proper usage of airbags. http://www.safercar.gov/portal/site/safercar/menuitem.13dd5c887c7e1358fefe0a2f35a67789/?vgnextoid=1e85d776ff8af110VgnVCM1000002fd17898RCRD

The extent of the information available is so great that we will cover it in general terms in this discussion.

The webpage discusses proper air bag use; keep 10 inches distance from your breastplate and don't put children under 13 years of age in the front seat and also the different kinds and locations of airbags.

The U.S. government estimates that front air bags have saved over 25,000 lives between 1987 and 2008.

While side-impact air bags have been on the scene for as long as frontal air bags they have not been required by the National Highway Transportation Safety Administration and consequently are not as prevalent. There are three types of side-impact air bags, head, torso and head/torso.

With new side-impact safety requirements effective September 11th, 2007 it seems likely that side-impact air bags will become the norm.

Vehicles with side-impact protection are quite prevalent throughout Maryland including our home base, Prince Georges County and are seen as a positive force in reducing the severity of car crashes in both Maryland and the District of Columbia.

Listen to the President: No Texting While Driving

rvcj@verizon.net (Blog Author)19428 — Fri, 02 Oct 2009 08:00:00 EST

At Clark and Steinhorn we have long suspected that President Obama is a regular reader of our blogs. Further evidence came to light in today's Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/10/01/AR2009100103447.html

The president has banned government employees from texting while driving government vehicles, using government provided phones or while on government business.

There are a lot of government employees so if this executive order is followed this could have a big impact.

It is estimated that more than 812,000 drivers are on the roads during daytime using cell phones. This works out to be 11% of all drivers actively driving while distracted. Harvard's center for risk analysis estimates that 6% of all crashes result from cellphone use. That is 342,000 injuries and 2,600 wrongful deaths.

So listen to us http://www.maryland-law.com/blog/reducing-car-and-truck-crashes-through-distracted-driving-reduction.cfm and the president.

Banning texting

Avoiding Dangerous Germ Exposures

rvcj@verizon.net (Blog Author)19374 — Thu, 01 Oct 2009 08:00:00 EST

Often our fears of exposure to deadly germs such as methicillin-resistant staphylococcus aureus (MRSA) are ill-founded or exaggerated. An interesting piece in this weeks Wall Street Journal explores where we encounter the greatest risk of germ exposure and what to do about it. http://online.wsj.com/article/SB10001424052748703787204574440983321928144.html

The results are a little disheartening, germs are everywhere and the best single preventive is washing your hands after touching public surfaces or other humans. Other suggestions include avoiding touching flush handles and faucets in public restrooms with bare hands, washing towels and sheets in hot water with prompt drying and using disinfecting wipes on communal telephones, copiers and office machinery

The bottom line is that if you have to touch items used by others, whether its an elevator button, a stair railing or a coffee shop cream pitcher, don't use your bare hands and if you do wash them promptly.

Your own kitchen is the top source for food-borne illnesses estimated to kill more than 5,000 people per year. The culprits cutting boards, counter tops, sponges and utensils not properly sanitized.

As for MRSA, Arizona researchers examined more than 113 offices in five cities and found 6% of them contained the super-bug mostly on phones, computer mice, desktops and the bottom of drawers. So wash your hands a lot at work.

School Safety; Check the Caulk

rvcj@verizon.net (Blog Author)19368 — Thu, 01 Oct 2009 08:00:00 EST

We tend to think that safety hazards in our schools mostly consist of spreading germs or falling off the monkey bars. The Environmental Protection Agency has brought a new more serious peril to our attention, caulk.

It is estimated that 100's of schools nationwide have caulking containing cancer-causing PCBs. The EPA has set up a call line at (888)835-5372 for further information.

The magnitude of the problem is hard to fathom as it could potentially involve school buildings errected between 1950 and 1978 when caulks containing PCBs were banned.

Safety recommendations include use of exhaust fans and vacuums with high efficency filtration systems, frequent hand washing particularly before eating or drinking and avoiding use of dry brooms and dusters near old caulking.

For more information see http://cfpub.epa.gov/schools/top_sub.cfm?t_id=43&s_id=121

Reducing Car and Truck Crashes Through Distracted Driving Reduction

rvcj@verizon.net (Blog Author)19365 — Thu, 01 Oct 2009 08:00:00 EST

The toll of car crash deaths and injuries associated with texting and cell phoning while driving is gaining increasing media attention nationally http://www.msnbc.msn.com/id/3032619/ and locally. http://thekojonnamdishow.org/shows/2009-10-01/distracted-driving-law-science

The conclusions are inescapable, distracted driving has to stop. The best methods for accomplishing this however, are more elusive.

The District of Columbia makes it comparatively easy by prohibiting drivers from cell phone use. If an officer sees you driving and using a cell phone, you in theory get a ticket. I say in theory because a number of Clark and Steinhorn's clients have been struck by texting drivers in the District without any citation being issued.

One can appreciate that the Metropolitan Police have many graver crimes to deal with but heck if you stop to investigate a collision and the at-fault party acknowledges texting at the time of the collision, it seems like a ticket should be forthcoming.

Maryland has enacted new laws effective this week to stem texting while driving but of course it has no effect on people reading texts while driving. It also does not apply to use of GPS devices which are at least as distracting as cell phones.

And how do you prove the underlying traffic offense of texting while driving absent an admission by the driver that they are guilty? Will the prosecutors have to subpoena cell phone records? The potential problems of proof may tend to emasculate the law.

While the public as a whole is appalled by the distracted driving phenomenon, it seems that individually drivers believe it is safe for them to do so, just not everybody else.

Food Safety; Time For Reform

allansteinhorn@gmail.com (Blog Author)19244 — Wed, 30 Sep 2009 08:00:00 EST

When you have been representing injured people for twenty-eight plus years it is inevitable that you encounter food-borne illness cases. Some are straight-forward, I ate this, became sick and here is some leftover to test. Most are not.

On rare occasions the extent of the illness is so widespread that governmental agencies become involved. We all know about the peanut butter salmonella outbreak involving the Peanut Corporation of America in which nine people died and hundreds became ill.

The problem is that in the modern world it isn't a bad peanut or piece of beef, but a contaminated factory that causes food-borne disease. Our regulatory schemes are grossly inadequate and underfunded to inspect with any regularity the massive food production facilities.

The laws governing such inspections were promulgated 70 years ago when the food world was a different place. There are presently no provisions enabling the FDA to mandate recalls of products suspected to be contaminated. Provisions requiring that food production entities test their products for contamination, heck no.

Congress finally does appear to be headed toward some significant changes with more consistent inspections and greater quality controls for imported food. But, you can bet that monied interests will do everything in their power to water-down these provisions.

As is often the case, money talks safety well it is secondary.

Metro Safety, Money and Transparency

rvcj@verizon.net (Blog Author)19242 — Wed, 30 Sep 2009 08:00:00 EST

From our blogs to their ears or something like that. Ever since the catastophic June 22nd, 2009 Fort Totten Metro crash, we have been reporting avidly on our perception of metro's problems and why they exist. We have tried to be even-handed, pointing out that other cities (Berlin, San Francisco) are having plenty of difficulties safely running big-city transit systems.

Our Metro is particularly susceptible to problems because of long-term funding problems. It's easy to complain about the 1000 series cars collapsing in collisions but not so easy to see where the money is going to come from to replace them.

It is easy to blame Metro's management and in some instances its employees, for collisions resulting in significant inuries and wrongful deaths. However, absent a consistent, dependable funding source for the Washington Metropolitan Area Transit Agency (WMATA) fixing things and preventing future cataclysms may not be possible

And that is part of the point of today's fine editorial in our favorite hometown paper. http://www.washingtonpost.com/wp-dyn/content/article/2009/09/29/AR2009092902934.html

Because of Metro's anomalous existence; a by-product of the transportation needs of Virginia, Maryland, the District and the federal government, they have had neither consistent funding nor consistent oversight.

The Tri-State oversight committee created by the three local jurisdictions to oversee Metro safety is ignored. When Metro tried a publicity stunt like reconfiguring trains to put 1000 series cars inside more modern, crashworthy cars, the committee wondered if any safety engineering went into this decision. Metro balked at reponding and subsequent revelations have been discomfitting. http://www.maryland-law.com/blog/metro-appearances-can-be-deceiving-or-deceivances-can-be-appearing.cfm

So take the Post seriously Metro, we deserve honest answers so we can have confidence in not only funding our transit system but in also using it.

Drinking, Driving and Death:

rvcj@verizon.net (Blog Author)19186 — Tue, 29 Sep 2009 08:00:00 EST

At this point it seems axiomatic, that drinking and driving produces wrongful death car and truck crashes. Despite this the prevalence of drunk drivers being involved in deadly crashes is still quite high. http://www.ntsb.gov/alerts/SA_004.pdf

Some of the numbers are staggering. More than 17,000 people were killed on our roadways in 2007 in alcohol-related crashes. Such a crash occurs every half an hour of every day. 53% of alcohol related crash fatalities involve repeat offenders.

Between 1983 and 2007, 220,000 individuals were killed by so-called "hard-core drinking drivers".

So what is to be done? The N.T.S.B. advocates a very stringent law enforcement approach. Greater use of sobriety checkpoints, tougher punishments for repeat offenders and requirements that repeat offenders maintain a zero blood alcohol level are suggested.

Unfortunately, many of these suggestions are in use presently without curtailing drunk driving by individuals who already have lost their licenses, served jail time and gone through various therapeutic regimens.

Transportation Deaths Down Overall

rvcj@verizon.net (Blog Author)19170 — Tue, 29 Sep 2009 08:00:00 EST

In our line of work the focus often seems to be on the negative, Metro's failures that resulted in the June 22nd Fort Totten crash or texting drivers on the beltway. But the fact is that there are many measures of good news in our transportation systems.

The National Transportation Safety Board reports that transportation deaths were down between 2007 and 2008. http://www.ntsb.gov/Pressrel/2009/090929.html

This good news, that overall fatalities fell from 43,000 to 39,000, is offset by steadily increasing deaths for motorcycle riders and their passengers. This should come as no suprise to regular readers of this website.

Aviation and marine deaths were also up. Bus and commercial motorcoach deaths nearly doubled.

The reasons for the changes are not commented upon in this latest NTSB press release but a variety of our numerous articles and blogs on wrongful death truck, car, and motorcycle crashes offer some likely explanations. http://www.maryland-law.com/library/analysis-of-maryland-car-accident-truck-crash-motorcycle-fatalities.cfm

Car Crashes and Texting: Even Virginia Has Taken Notice

rvcj@verizon.net (Blog Author)19108 — Mon, 28 Sep 2009 08:00:00 EST

Wow! We have been extolling the District of Columbia distracted driving laws on our website for some time http://www.maryland-law.com/blog/226.cfm and with Maryland's new anti-texting law taking effect, I guess it was inevitable Virginia would eventually take notice.

The Washington Post reports that Virginia officials in conjunction with AAA are holding events to stress the danger of cell phone use while driving. A particular theme is the danger of texting in construction zones on the beltway.

AAA officials assert that 50% or more of beltway drivers are from time to time distracted by their cell phones. Unless the public can be weaned from this addiction to inattention while driving more car crash deaths and injuries are inevitable.

Prince Georges County Medical Malpractice Verdict For Ill-Treated Infection

rvcj@verizon.net (Blog Author)19104 — Mon, 28 Sep 2009 08:00:00 EST

A Prince Georges County jury returned a $1.3 million dollar verdict for medical malpractice associated with treatment of a gun shot wound. The jury verdict returned on Sept. 17, 2009 will be reduced by the trial judge to bring it in conformance with Maryland law.

The verdict reduction is the result of onerous laws passed during one of Maryland's past fictional "malpractice crises."
http://www.maryland-law.com/library/maryland-medical-malpractice-attorney.cfm

The actual verdict total of $1,344,455.44 will be reduced to something in the neighborhood of $1,156,995.44.

This wrongful death and survival medical malpractice verdict was unique in that the jury deliberated for less than an hour. The plaintiffs , the Estate of John William Lucas and his surviving wife and sons, appear to have been ably represented in this case and have our condolences.

Fatal Crashes and A.B.S. : Do Safety Technologies Save Lives?

rvcj@verizon.net (Blog Author)19071 — Mon, 28 Sep 2009 08:00:00 EST

Seatbelts, shoulder harnesses, airbags, skid controls, the list of modern technologies that have infiltrated our cars and trucks are lengthy. Their cost considerable, the inevitable question, do they make us safer on the road?

Overall, deaths are down nationally and locally. http://www.maryland-law.com/library/maryland-motor-vehicle-death-cases.cfm

Doubtless, some of this may be attributable to extensive efforts to educate the public regarding dangerous driving practices. Better roadway engineering and more effective traffic safety enforcement may also play a role. See : http://www.maryland-law.com/blog/reducing-motor-vehicle-deaths-the-three-es.cfm

However, the multi-billion dollar question is do technologies such as A.B.S. save lives in car and truck collisions?

The National Highway Transportation Safety Administration broaches this question in a recently published technical report. http://www-nrd.nhtsa.dot.gov/Pubs/811182.PDF The conclusions reached in that report may suprise and disappoint some.

The main question addressed is essentially a cost-benefit analysis of anti-lock braking systems. With regard to fatal collisions, the study finds "The Long-Term overall effect of ABS on fatal crash involvements is close to zero."

The study did find that non-fatal crashes were reduced or beneficially impacted by A.B.S. performance.

Some anomalous findings include a substantial increase in fatal run-off road crashes with A.B.S. The authors are at pains to say that they cannot reconcile the actual crash data with the vaunted performance of A.B.S. on test tracks.

New Texting Laws to Take Effect This Week

rvcj@verizon.net (Blog Author)19045 — Sun, 27 Sep 2009 08:00:00 EST

Maryland joins the states which have outlawed texting while driving, effective October 1st, 2009. http://www.maryland-law.com/blog/226.cfm To be technically accurate Maryland vehicle operators are forbidden to send or write text messages while operating a motor vehicle on a public roadway. There is an exception for 911 messages.

The maximum penalty is a $500.00 fine.

While the program or its equivalent has been said to be highly successful in Orange County, Califonia, civil libertarians question some aspects of the new law.

Specifically, drivers are still permitted to use their cellphones to see incoming texts and to play games. The obvious question of course is if the police pull a driver over for texting while driving, how will they prove it?

We will see but it could be a source of considerable controversy

Car Crashes and Bicycles: Are Hybrids a Problem?

rvcj@verizon.net (Blog Author)19029 — Sun, 27 Sep 2009 08:00:00 EST

Any run in between a car and a bicyclist is likely to be a bad one. And in the world of unintended consequences the disproportionate role of hybrid vehicles is at first an enigma.

The National Highway Transportation Safety Administration has taken on this puzzle in a recent study.

The hypothesis was that the electric engines of hybrids made them less audible to bicyclists who otherwise can hear cars and trucks when they can't see them.

The overall circumstances of motor vehicle-bicycle crashes are common betwen hybrid and regular internal combustion (gasoline) cars. Most car or truck to bicycle crashes occur during daylight hours at low speeds.

Interestingly, a significant variable was for backing and parking cars. With standard gasoline vehicles, such collsions were far less likely. The notion is that two factors contributed to the hybrid car parking collisions. The first is that the low power for parking involves the use of the electric motor in hybrids which is virtually noiseless. The second factor is that both drivers and bicyclists may let their guard down in low speed parking situations.

Also, intersectional collisions between hybrids and bicycles occur more frequently again because initial acceleration at intersections is electric for hybrids. On the open road the numbers are the same for both gas and hybrid cars and the NHTSA is planning on a more comprehensive future study to arrive at proposed solutions.

For more see the following link : http://www-nrd.nhtsa.dot.gov/Pubs/811204.PDF

Metro: Appearances Can Be Deceiving or Deceivances Can be Appearing

rvcj@verizon.net (Blog Author)19018 — Sat, 26 Sep 2009 08:00:00 EST

Please excuse the pun in the title but Metro has had a bad enough summer that they really can't afford to be seen as misleading the public on safety. Yet, that is precisely what seems to have occurred with respect to their use of the older 1000 series rail cars.

In the aftermath of the catastrophic June 22nd crash, Metro implemented a policy of placing the less crashworthy 1000 series cars inside multi-car trains, as they had catastrophically telescoped during the Fort Totten crash.

When asked about this Metro General Manager, John Catoe had suggested that placing the 1000 cars sandwiched between newer cars was a safety measure designed with crashworthiness in mind.

As it turns out, our favorite hometown paper, the Washington Post, reports that this action was really mere window-dressing to make Metro seem safer. Metro officials confirm that no safety analysis underpinned the car reconfigurations and that they were done to address "public perception."

Which is to say that assurances of the underlying Metro system were in this instance illusory. With numerous impending lawsuits it is important that Metro retain some credibility if it hopes to defend itself effectively.

This won't help.

Reducing Distracted Driver Involvement in Deadly Car Crashes: A Symposium

rvcj@verizon.net (Blog Author)19003 — Sat, 26 Sep 2009 08:00:00 EST

As concerns spread about distracted driving, two organizations are championing reform. The American Automobile Association and the National Safety Council are leading the charge.

The N.S.C. held a symposium last October the fruits of which are available at their website : http://www.nsc.org/resources/issues/DD_symposium.aspx

The many avenues explored included legislative solutions, educational efforts, technological improvements and employer policies designed to discourage workday driving and cell phoning.

Much time was also devoted to the neuroscience behind why cell phone use while driving is so hazardous.

Even merely listening to cell phone chatter substantially degrades one's ability to pay heed to one's driving.

Neuro-scientists from the Carnegie-Mellon University in Pittsburgh have performed studies involving brain imaging and virtual reality and demonstrated unequivocally that danger lurks in driving cellphone use.

The materials employed at the symposium are available on the website and are well worth reading.

Distracted Driving More Prevalent Near Schools

rvcj@verizon.net (Blog Author)19001 — Sat, 26 Sep 2009 08:00:00 EST

There is a tendency to think of distracted driving as being associated with cellphones and communications devices in general. A new study shows that this is true but does not show the full array of distractions which go on near our schools.

Eating on-the-go breakfasts, grooming, smoking and even last minute studying efforts, contribute to inattention in school zones where maximum care are mandated by law.

Some of the findings seem a bit counter-intuitive. Females are statistically more distracted than males, after school is worse than before and those who aren't using safety belts are more subject to problems.

As has been discussed here at length, drivers using cellphones are four times more likely to be in involved in accidents than those who are not. Much of the present cognitive research suggests that the distractability of cellphone employing drivers is comparable to or worse than drunk drivers.

So keep yourself and those around you safer pay attention in school zones and pull over to use your cellphone.
For more information: http://www.nsc.org/resources/issues/factsheet.aspx

Reducing Motor Vehicle Deaths" The Three E's

rvcj@verizon.net (Blog Author)18952 — Fri, 25 Sep 2009 08:00:00 EST

In an era when roads are steadily more crowded every day, efforts to enhance public safety are essential. We have discussed the use of data bases such as SAFER, NOPUS and CODES and the fact that wrongful deaths on our roadways in Maryland, The District of Columbia and nationwide are down.

Still, thousands die every year and in Maryland the State Highway Administration has defined its focus on the three e's.
The e's are engineering, enforcement, and education. http://www.marylandroads.com/Index.aspx?PageId=684&d=69

This integrative approach is being used nationwide and its success is difficult to dispute. Car and truck crash deaths and injuries are down and we are all safer for it.

The first 'E', engineering focuses on several avenues. Obviously, speed limits, intersection configurations and traffic signs and signals are important. Unsafe bridges, railroad crossings and road surfaces also are prominent concerns. (see http://www.maryland-law.com/blog/route-32-gets-sorely-needed-safety-attention.cfm

Enforcement includes not only police actions to ensure compliance with Maryland traffic safety laws but also new automatic safety measures (ie. red light cameras and photo speed cameras), and such anti-drunk driving programs such as checkpoint strikeforce.

The third 'E' is education and its importance is sometimes underappreciated. The KISS program (kids in safety seats) is invaluable as the majority of booster and safety seats are misused. Programs to encourage safety belt use and to discourage aggressive driving are essential.

The bottom line is that we as a society can reduce traffic fatalities and injuries if we obey the laws, stay off our cell phones while driving and disdain aggressive driving.

Cell Phones and Car Crashes: An Unhappy Marriage

rvcj@verizon.net (Blog Author)18948 — Fri, 25 Sep 2009 08:00:00 EST

We've discussed it here before, using your cellphone while driving is just plain dangerous. The District has been out front of jurisdictions in implementing safety laws designed to reduce car accidents attributable to inattention from cellphone use. http://www.maryland-law.com/blog/226.cfm

Some of the lateest findings reinforce this necessity the more. It is suggested that you are four times more likely to be in a car crash if you are driving while using your cellphone. http://www.abc22.com/Global/story.asp?S=11150817

Why is this? It has been suggested that this stems from a phenomenon known as perceptual blindness. The basic idea is that focusing one's attention on a conversation while driving detracts from your ability to observe potential dangers that are there to be seen.

In an era where multi-tasking is the norm, we relegate one of the most deadly activities, driving, to a secondary function when we are concentrating on using a phone. Obviously, this is compounded when we take our eyes off the road to see who is calling us (Should I answer?), to dial numbers or worst of all to text.

When we at Clark and Steinhorn litigate car and truck crash injury cases, we routinely ask for cellphone billing records to see if the negligent party who caused the accident was on the phone.

So do yourself and the motoring public a favor, pull over if you have to use your phone, you might just save yourself from a bad accident.

Health Insurance Saves Lives

rvcj@verizon.net (Blog Author)18920 — Thu, 24 Sep 2009 08:00:00 EST

It is probably no great suprise but health insurance saves lives and lack of it kills. This is the conclusion of a recent Harvard Medical School Study. The study followed 9,000 patients aged from 17 to 64 and revealed that 45,000 Americans die each year largely because they do not have health insurance.

This number represents a substantial increase over a study conducted just seven years ago. The thought is that uninsured people are not able to receive care for chronic conditions such as heart disease, diabetes and depression and consequently are far more likely to succumb to these disease processes than those who can benefit from regular monitoring, treatment and medication.

It is against this backdrop that the national health care debate is taking place with more than 46 million Americans uninsured. The study concludes that these uninsured are at a 40% greater risk of death than their insured counterparts.
Bolstering these conclusions are findings discussed previously on this website (see http://www.maryland-law.com/blog/universal-health-care-medical-malpractice-and-wrongful-death-the-first-reduces-the-others.cfm )

Additionally, it is thought that the incidence of wrongful death in medical malpractice actions would be substantially reduced by insuring the population overall, as fewer patients would present to doctors and hospitals with untreated conditions.

Brain Injury, Motorcycles and Helmet Use

rvcj@verizon.net (Blog Author)18916 — Thu, 24 Sep 2009 08:00:00 EST

In our practice we see many serious inuries including paralysis, loss of limbs and any in many ways the most confounding of all, brain injury. Brain injury often defies diagnosis and effective treatment. As a result, we at Clark and Steinhorn feel very strongly about any safety precaution that will reduce the prospect of brain injury.

We have examined the trend in Maryland, The District of Columbia and nationwide of an overall reduction in car and truck crash deaths. http://www.maryland-law.com/library/analysis-of-maryland-car-accident-truck-crash-motorcycle-fatalities.cfm

Yet motorcycle injuries and fatalities continue to increase. The C.O.D.E.S. program instituted by the National Highway Transportation Safety Administration and discussed at length in a recent article here (see http://www.maryland-law.com/library/reducing-deadly-vehicle-crashes-in-maryland-is-codes-the-answer.cfm has identified motorcycle helmet use as a critical factor in reducing injuries and wrongful deaths on our roadways.

CODES found that helmet use was 67% more effective in reducing brain injury in motorcycle crashes than non-use. One of the mechanisms employed in arriving at this conclusion was examining brain injury data in states where mandatory helmet laws were repealed.

The evidence was overwhelming that repeal substantially increased brain injury both overall and on a per collision basis.

What seems clear is that helmet use, whether mandatory or not is essential to reduce the advent of brain injury.

Metro Bus Driver Who Struck Jogger is Fired

rvcj@verizon.net (Blog Author)18899 — Thu, 24 Sep 2009 08:00:00 EST

For those of you who have followed Metro's difficult summer, the news that Carla Procter was fired cannot come as a big shock, particularly on the day that the Metro board voted to extend general manager, John Catoe's contract for three more years.

Ms. Procter gained notoriety when she struck a jogger with her metrobus earlier this September and consequently earned media scrutiny. Our favorite hometown paper, the Washington Post uncovered a host of prior incidents and tickets
which tended to put Ms. Procter in an unfavorable light. http://www.washingtonpost.com/wp-dyn/content/article/2009/09/15/AR2009091503546.html?nav=emailpage

The specifics of the firing were alluded to only as "failing to follow standard procedures". This bureaucratese probably means running over law-abiding citizens and exposing Metro to big civil liability.

This of course comes on the heels of the horrendous June 22nd Fort Totten Metro crash and a rash of other deaths and incidents.

Aggressive Driving Leads to Personal Injury and Wrongful Death: What Do We Do About It?

rvcj@verizon.net (Blog Author)18871 — Wed, 23 Sep 2009 08:00:00 EST

One of the preeminent sources for infomation about motor vehicle accidents is the American Automobile Association. (AAA) Recently, AAA examined in detail the role that aggressive driving plays in fatal and injurious car and truck crashes.

First, they attempted to define aggressive driving. After examing working-definitions put forth by among others the National Highway Transportation Safety Administration and the Transportation Research Board, AAA suggests the following: "any unsafe driving behavior, performed deliberately and with ill intention or disregard for safety, can constitute aggressive driving".

The study then goes on to reference specific driving behaviors including driving too fast for conditions, following too closely, failure to yield right of way, passing where prohibited and failure to obey traffic signals, signs and road markings.

These behaviors are ones specifically assigned codes in the FARS or Fatality Analysis Reporting System discussed with some frequency on this website. AAA's findings were that more than 56% of fatal accidents involved at least one element of aggressive driving.

The paper goes on to point out a dichotomy that might lie at the heart of the problem. 78% of Americans regard aggressive driving as a serious or extremely serious traffic safety problem yet large numbers of the same respondants admit to engaging in essentially aggressive driving.

AAA tries to focus drivers on how important it is to realize the extent to which aggressive driving on the part of one driver may lead to responsive dangerous driving from others. For more go to: http://www.aaafoundation.org/pdf/AggressiveDrivingResearchUpdate2009.pdf

Metro To Repair Faulty Doors

rvcj@verizon.net (Blog Author)18796 — Tue, 22 Sep 2009 08:00:00 EST

Metro has contracted to repair the doors on its oldest train cars. As reported here and elsewhere, the 1000 series cars had demonstrated a propensity for opening on their own on the wrong side creating dangerous situations. See http://www.maryland-law.com/blog/metro-door-issues-are-latest-exposed-problem.cfm

Fixing the more than 1,800 doors is anticipated to take as long as three years. The malfunctioning doors have resulted in train operators controlling the doors manually for more than a year.

The door problem received exposure in the aftermath of the tragic June 22nd, 2009 Fort Totten Metro crash which involved a 1,000 series train car. These older train cars comprise more than a quarter of Metro's fleet,

The 1,000 series also have been found to compress substantially more than later manufactured cars. This is thought to have contributed to increased death and injury in the June crash.

Hopefully, Metro will find a means to phase out these thirty plus year old train cars.

National Transportation Safety Board Gives Metro Urgent Safety Recommendation

rvcj@verizon.net (Blog Author)18792 — Tue, 22 Sep 2009 08:00:00 EST

In the aftermath of the catastophic Fort Totten Metro crash the National Transportation Safety Board has performed a detailed investigation which has resulted in an "urgent" safety recommendation. This has taken the form of a letter to Metro General Manager, John B. Catoe, Jr.

The discussion of the underlying suspected cause of the crash, " the susceptibility of the audio frequency track circuit to errant signals" is more than a little confusing. The upshot of this phrase is that a track circuit in the area of the accident lost the ability to detect stationary train 214 and consequently train 112 did not receive an automated command to slow down or stop.

The concern is that routine track adjustments may have caused changes in equipment designed to automatically detect trains.

The NTSB has recommended that WMATA (Metro) work in conjunction with its equipment providers to look at train control systems more closely.

The "urgent" recommendation is for Metro to examine its track circuits for problems which could adversely effect the ability to detect trains.

Fort Totten Metro Tragedy: WTOP Tells it Like it Was

rvcj@verizon.net (Blog Author)18786 — Tue, 22 Sep 2009 08:00:00 EST

The tragic Fort Totten Metro crash of June 22, 2009 has been heavily covered both here at Clark and Steinhorn and also in the local media.

Despite this we have to strongly recommend Adam Tuss's excellent audio series entitled "After the Crash" which can be found at the following link: http://wtopnews.com/?nid=226&sid=1751609

United States Senate Authorizes Metro Money

rvcj@verizon.net (Blog Author)18751 — Tue, 22 Sep 2009 08:00:00 EST

A United States Senate bill passed last week authorized $150 million dollars for Metro with a specific prioritization that the money be used to enhance safety.

The National Transportation Safety Board had made a series of recommendations in the aftermath of the deadly June 22nd, 2009 Fort Totten Metro crash. (see http://www.maryland-law.com/blog/ntsb-completes-onsight-inverstigation-of-fort-totten-metro-crash.cfm

These recommendations include acquisition of new rail cars, warning systems for Metro workers of approaching trains and new guardrails to prevent derailment.

More than $3.0 billion dollars have been authorized by the combined U.S. Congress and Maryland, Virginia and The District of Columbia to fund the purchase of new rail cars and other capital projects.

Prince Georges County Jury Awards Victim of Sheriffs Department $261,000.00

rvcj@verizon.net (Blog Author)18750 — Tue, 22 Sep 2009 08:00:00 EST

Kimberly Jones had been punched, struck with a retractable baton and pepper-sprayed by Prince Georges County Sheriiffs deputies but the final straw was when she was charged with assaulting the same deputies and subsequently lost her job.

So she sued, took the case to trial and received some measure of vindication, a $261,000.00 verdict.

Amazing isn't it? Deputies burst into her apartment without showing her their warrant to arrest someone else and attacked her. From practical experience, I know that getting a jury to believe that such outrageous conduct goes on in our country is difficult. Fortunately, an attentive neighbor of Ms. Jones saw part of the event and called 911.

The basis for the verdict was a violation of the victim's constitutional rights. In Maryland the state constitution secures many of the same rights as the United States Constitution, without granting certain immunities to the offending officers.

As always an appeal seems inevitable.

Motorcycle Fatalities and Gasoline Prices

rvcj@verizon.net (Blog Author)18743 — Mon, 21 Sep 2009 08:00:00 EST

One of the preeminent American medical journals, the American Journal of Public Health, posits the idea that increased gas prices results in more motorcycle use and consequently more deaths.

Motor vehicle crashes are the leading cause of death for young adults. Overall motor vehicle accident deaths are down (see http://www.maryland-law.com/library/maryland-motor-vehicle-death-cases.cfm but motorcycle fatalities are up.
(see http://www.maryland-law.com/blog/motorcyclist-fatalities-on-the-rise.cfm

This has perplexed experts and the issue of affordable transportation may explain increased motorcycle use among unmarried adults without children.

The article estimates that 1500 more people are killed nationwide than would be the case if motorcycle operators drove cars or trucks.

This situation is described as a significant public health issue which warrants greater attention.

Tragic Baltimore Medical Malpractice Death of Infant Leads to Effort to Reduce Medical Mistakes

rvcj@verizon.net (Blog Author)18739 — Mon, 21 Sep 2009 08:00:00 EST

The loss of a loved one due to medical negligence is always tragic. When the loss is of an eighteen month old child it is unbearable.

As reported in the Baltimore Sun http://www.baltimoresun.com/news/bal-king1214,0,7208413.story
Josie King died at Johns Hopkins Hospital in 2001. Her mother investigated her daughter's wrongful death and learned it came about because of a lack of communication between hospital personnel.

She channeled her grief into a book, "Josie's Story" due to come out tomorrow.

At Clark and Steinhorn we have represented numerous families in wrongful death malpractice cases in both Maryland and the District of Columbia and invariably lack of proper communication was the culprit.

Perhaps this book will focus the attention of the healthcare establishment on effective communication.

Universal Health Care, Medical Malpractice and Wrongful Death: The First Reduces the Others

rvcj@verizon.net (Blog Author)18738 — Mon, 21 Sep 2009 08:00:00 EST

A Harvard Medical School Study confirms what many doctors have long suspected, that health care disparities between different ethnic, racial and socioeconomic groups are in large measure the result of whether or not the study participants had health care coverage or not.

Efforts to measure the effect of lack of insurance have been tricky to establish. The Harvard study followed more than 6,000 adults and measured a variety of variables including indicators associated with diabetes and heart problems.

Analyzing the participants blood sugar, cholesterol and blood pressure the individuals who had health care coverage routinely and understandably performed better than those without. Control of these medical measures are vital to controlling heart disease, kidney disease, diabetes, strokes and a number of other significant causes of early death.

However, once the individuals without health insurance qualified for Medicare, the health gap between them and insured folks narrowed substantially.

One of the most significant costs in our health care system is the cost of providing emergency care for non-insured individuals who's chronic conditions flare up. It is far cheaper to take care of diabetes and heart disease on an ongoing basis rather than when they are in an acute phase.

It is also clear that individuals who are appropriately treated for their chronic diseases are far less likely to present healthcare providers with the sort of complex and difficult to treat situations which give rise to many medical malpractice, wrongful death cases both in Maryland and nationwide.

It is time to make health care available to all Americans as in every other modern nation in the world and reduce both the incidence and cost of medical malpractice cases. Maybe we can use that money to give everyone dental care too?

The Rules of the Road for Commercial Trucks and Eighteen Wheelers in Maryland

rvcj@verizon.net (Blog Author)18634 — Sat, 19 Sep 2009 08:00:00 EST

If you are involved in a serious crash with a commercial truck or eighteen wheeler, it is sometimes difficult to know where to start in investigating the underlying cause. I say underlying because from your point of view the cause was the failure on the part of the semi-truck to stop or to yield right of way.

But, the fact is that the overwhelming majority of commercial truck accidents have other violations of Maryland or federal law intertwined in them. Where do you find the laws and regulations in Maryland? I am glad you asked.

The twentieth anniversary addition of the Maryland Motor Carrier Handbook was issued in January of 2009 and is available at the following link, http://www.marylandroads.com/OOTS/motorcarrierhandbook.pdf

This tome is a joint effort by a variety of Maryland State Government agencies including the State Police, the Department of Transportation, the MVA and the Department of the Environment.

To say it covers a lot is an understatement. From licensing and registration through a bevy of rules of the road, it's all there. Weight limits, size limits, alcohol and drug testing, federal and state regulations.

The index is sensibly laid out for the one hundred fifty page manual. Of particular interest to those who are victims of crashes with big rigs are the traffic crash reporting requirements begining on page 116.

Among other things, motor carriers are required to maintain an accident register for one year after each accident. This register contains specifics of where collisions occured,the number of injuries or fatalities and whether hazardous materials were involved.

District of Columbia Court of Appeals Upholds Twenty One Million Dollar Verdict

rvcj@verizon.net (Blog Author)18614 — Sat, 19 Sep 2009 08:00:00 EST

The District of Columbia Court of Appeals upheld a twenty one million dollar verdict in the case of Wilson v. Convit. The case is important for the idea that a party can settle with an agent, while retaining a right of action against an agent's non-settling principal.

Without making this unduly complex, an injured party may sue an individual for their injurious actions. The injurious actions of the individual may give rise to a right of legal action against that individual's employer. For example, a metrobus driver may cause a crash and consequently an injured passenger has a legal action against both the driver and Metro itself as their employer and supervisor.

Under District of Columbia law, the injured party can settle with the driver and proceed to trial against Metro, if it is clear the settlement with the driver was not intended to release Metro for the driver's negliegence.

Prince Georges County Jury Awards Millions for Students Wrongful Death

rvcj@verizon.net (Blog Author)18529 — Thu, 17 Sep 2009 08:00:00 EST

The tragic case of Brian Gray, who died in a 2007 auto accident when an off-duty Prince Georges County Police officer struck his car and killed him, came to a dramatic development when a Prince Georges County jury awarded his family and estate more than four million dollars.

The officer was said to be proceeding at double the speed limit when his vehicle struck a vehicle operated by Mr. Gray who was proceeding to an exam. Mr. Gray's mother was several car lengths behind and came upon the catastrophic collision.

Doubtless, an appeal will follow this verdict and the ramifications of the non-economic damages cap are presently unknown.

The case was a difficult one for the plaintiffs to prevail given the doctrine of contributory negligence and the lawyers for the plaintiffs are to be commended. It does speak to the need for Maryland to bring its laws in line with virtually every other state and abandon the outdated doctrine of contributory negleigence.

Motor Vehicle Crash Safety and Safercar.gov

allansteinhorn@gmail.com (Blog Author)18470 — Wed, 16 Sep 2009 08:00:00 EST

Consumers are focusing increasingly on safety as the deciding factor in their vehicle choices. But how does the car purchaser know which vehicles are the safest? Certainly, Consumer Reports has proven invaluable in this department but for free information it's hard to beat http://www.safercar.gov/

The volume of information can be a little overwhelming but if you want to know about the propensity of a vehicle to rollover or get the latest crash test ratings its hard to beat. The website features the ability to punch in the year, make and model of a particular car and to see how its safety looks.

The site is also great for checking vehicle recalls and safety defects. There is a mechanism on the site to report motor vehicle safety issues and one can also research such diverse topics as child passenger safety, tire ratings and safety and so-called early warning reporting.

Early warning reporting enables the consumer to search the database to determine what if any safety recalls or investigations are applicable to a particular car.

There is also invaluable information on issues involving van safety particularly concerning fifteen passenger vans which have been involved in a number of particularly deadly crashes. These vehicles have shown themselves to be susceptible to rollover and tire-failure, resulting in an estimated 58 deaths in 2006.

The National Transportation Safety Administration has made van crash reduction a major emphasis with a special outreach program to fifteen passenger van owners and operators.

Route 32 Gets Sorely Needed Safety Attention

rvcj@verizon.net (Blog Author)18469 — Wed, 16 Sep 2009 08:00:00 EST

As discussed here recently, a rash of deadly accidents on Maryland Route 32 near Sykesville, has galvanized action on the part of both Howard County and the State of Maryland. http://www.maryland-law.com/blog/physicians-wrongful-death-in-howard-county-motivates-safety-improvements-on-route-32.cfm

The county and state announced jointly a series of measures designed to eliminate many of the conditions which led to several wrongful deaths on 32.

These include the placement of three large signs both Northbound and Southbound advising motorists to "Pay Attention-Watch For Left-Turning Traffic". The provision of rumble strips near 32's intersection with Amberwoods Way, River Road and Day Road and later this fall construction of left turn lanes at each of these intesections.

Additionally, speed trailers will tell motorists how fast they are going.

Metro Employee's Death Brings to Close Tragic Summer

allansteinhorn@gmail.com (Blog Author)18375 — Tue, 15 Sep 2009 08:00:00 EST

Metro employee, John Moore died of injuries sustained last week when he was stuck by a metro train between the National airport and Braddock road metro stations. This is the third metro employee to die at work since the tragic Fort Totten metro crash of June 22nd, 2009.

Mystery surrounds how Mr. Moore came to be struck and further detailed investigation is anticipated.

District of Columbia Vehicle Safety Inspections to End: Trouble Ahead?

rvcj@verizon.net (Blog Author)18373 — Tue, 15 Sep 2009 08:00:00 EST

Penny wise and pound foolish? Many think so, as the District proposes ending its safety inspection program for privately owned cars. This savvy move will save the District $400,000.00 a year. The question of course is why was the inspection regimen necessary these many years?

Maybe, it is because 35% of all vehicles inspected last year failed? The eighty one point safety check routinely unearthed safety deficiencies such as worn-out brakes and tires and out of work components including lights and blinkers.

The District now suggests that the inspections have not been shown to make driving in the District safer but c'mon its like asking any safety program to prove it prevented something that did not happen. Impossible right?

The inspection employees interviewed in our favorite hometown paper, the Washington Post, seemed unanimous in their view that this program saved lives. The state of Pennsylvania concluded that their inspection program saved more than 125 lives per year.

It seems like even one life saved would be worth more than $400,000.00. Penny wise and pound foolish, you be the judge.

Physicians Wrongful Death in Howard County Motivates Safety Improvements on Route 32

rvcj@verizon.net (Blog Author)18360 — Mon, 14 Sep 2009 08:00:00 EST

Tragically, Sykesville, Maryland physician, Brian emery was killed on Thursday September 10, 2009 on Maryland Route 32 near his home. Dr. Emery had been a supporter of an area coalition focused on making the area on Route 32 between Route 99 and the Carroll County line safer. This group, aptly named Make Route 32 safe.com can be reached on the web at http://www.makeroute32safe.com/index.html

The group has a variety of constructive suggestions to reduce the perils of Route 32 in the Sykesville vicinity. These include designated left turm lanes off of Route 32 and the addition of a traffic light, quite possibly at the intersection with Amberwoods Way where Dr. Emery was killed.

This incident follows on the heels of another deadly accident in the vicinity of River Road and Route 32 on Wednesday June 24th, 2009 in which a young man and his mother were killed. The Make Route 32 safe website notes numerous other incidents and is a testament to the need for immediate action by Howard County and the State of Maryland.

Long term plans exist to make siginificant improvements but have been unfunded. Proposed immediate "short-term" actions include repaving and restriping areas near Sykesville and if the road surface will accomodate it, using shoulder areas as designated through lanes with left lanes for left turning vehicles.

It Is Official: National Child Passenger Safety Week

rvcj@verizon.net (Blog Author)18313 — Mon, 14 Sep 2009 08:00:00 EST

Take advantage of Child Passenger Safety Week and ensure that your child vehicle seat is being properly employed.
As discussed here previously, 75% of child seats are misused. This misuse endangers your most precious cargo, your kids. So get a free checkup. To locate an inspection center nearest you go to this link. http://www.nhtsa.gov/cps/cpsfitting/index.cfm

You will be glad you did. And if you can't afford a child safety or booster seat in Maryland go to http://fha.maryland.gov/ohpetup/kiss/loaner_pgm.cfm

Child safety is imperative.

Maryland Child Safety Seat Inspection

rvcj@verizon.net (Blog Author)18290 — Sun, 13 Sep 2009 08:00:00 EST

Maryland has good programs for kid seat safety which are readily found on the web. At this link you can see the schedule for different counties along with the phone numbers to obtain further information.http://fha.maryland.gov/ohpetup/kiss/calendar/

It is routinely reported that over 75% of child safety seats are installed improperly. Please take the time to make your child safer.

And if you don't have a child seat try this link for a loaner.http://fha.maryland.gov/ohpetup/kiss/loaner_pgm.cfm

National Child Passenger Safety Week

rvcj@verizon.net (Blog Author)18289 — Sun, 13 Sep 2009 08:00:00 EST

At Clark and Steinhorn, the nature of our work brings us into contact with many injured people, some severely injured.
As a result we feel strongly about certain things that other people take for granted. One of these things is child safety

We have written a lot about this in articles and blogs and hope this information reaches some people. http://www.maryland-law.com/blog/protecting-children-in-car-accidents-everybody-buckle-up.cfm http://www.maryland-law.com/library/child-safety-in-motor-vehicle-crashes-the-numbers-dont-lie.cfm

So when an event comes around like National Child Passenger Safety Week, we say hip hip hooray. It is a golden opportunity for any parent to get their child seat checked for free. Sometimes, child seats are not used properly and the National Highway Transportation Safety Administration has a feature on its website to locate the inspection station in your neighborhood. http://www.nhtsa.gov/cps/cpsfitting/index.cfm

So don't delay, National Child Passenger Week is from September 12th through September 18th 2009.

Another Red Line Metro Tragedy

rvcj@verizon.net (Blog Author)18287 — Sun, 13 Sep 2009 08:00:00 EST

Tragedy struck the Red Line Today when a patron evidently placed himself on the tracks and was killed. There is not the slightest implication that this was Metro's fault but somehow coming on the heels of the June 22nd metro crash and the summers other problems, this is the last thing they need. Service between Gallery Place-Chinatown and Metro Center was disrupted.

Medical Malpractice Reform and the Health Care Bill: Let's Penalize the Patients More

rvcj@verizon.net (Blog Author)18253 — Fri, 11 Sep 2009 08:00:00 EST

In the sad misinformed debate over fixing our national healthcare system, a favorite canard of Republicans involves the extent to which malpractice settlements and verdicts drive our increases in health care costs. The fact is that the United States Justice Department examined this during the Bush administration and found that this was bologna.(http://www.ojp.usdoj.gov/bjs/pub/press/mmicss04pr.htm

Unfortunately, this does not stop politicians opposed to providing health care to all United States citizens from deluding themselves and their constituents. Tort reform has been fostered by big business, big pharma and big medicine. Its effect is to take away a true right to trial by jury as envisioned in the Constitution.

What do I mean? Jurors in Maryland are constrained by our so-called non-economic damages cap without even knowing it.They routinely pour over the horrific damages visited upon their fellow citizens arrive at a unanimous verdict only to have it reduced by the trial judge if it exceeds particular pre-defined amouts for the specific year.

Which is say a death on December 31st is automatically worth less than one the next day. It also serves to penalize those most catastrophically injured to a greater extent. Why?

Because, the damages cap applies to all medical malpractice cases whether it is paralysis or a temporary injury. If a jury returns a large verdict for someone with a badly broken leg it is not suprising but certainly such an injury should not result in the same compensation as quadraplegia. Yet, the damages cap limits either injury to the same maximum amount.

Fair? Absolutely not, but at least the limitations are not as great as in Mississippi or Texas where $250,000.00 is your limit dead or alive.

So, we need a national law to deprive more families and individuals of anything remotely approaching fair compensation right? I think not.

Metro Tragedies Abound

rvcj@verizon.net (Blog Author)18251 — Fri, 11 Sep 2009 08:00:00 EST

It is inevitable that the June 22nd train crash would focus a good deal more attention on the operations of Metro both past and present. At first it was reports of sleeping and texting operators and then metro train doors that imperiled riders by not closing. More examination by NHTSA revealed the 2005 near-miss in which three trains almost collided.

Somehow, that story was largely glossed over at the time but some fine reporting by our favorite hometown newspaper, the Washington Post brought to public view the extent of the 2005 problem. (http://www.washingtonpost.com/wp-dyn/content/article/2009/09/08/AR2009090803061.html

Now, when a metro rail employee is struck by a train or killed by a gravel-spreading machine or a contractor electrocuted at a metro bus garage we start to examine whether there is a pattern.

Metro has an extraordinary record for safety with no deaths since 1982 and should be lauded for this. But, years of insufficient or erratic funding sources coupled with limited federal safety scrutiny are catching up with the system.

The tragedy of the Fort Totten crash this summer could be somewhat ameliorated by a detailed examination of Metro's operations, leading to needed improvements in funding and safety that could pay dividends to all patrons.

Until then, be careful out there.

Protecting Children In Car Accidents: Everybody Buckle Up

rvcj@verizon.net (Blog Author)18189 — Thu, 10 Sep 2009 08:00:00 EST

I remember the refrain from my childhood "Buckle up for safety buckle up. Buckle up for safety everybody buckle up. Put your mind at ease, tell your driver please, buckle up for safety everybody buckle up."

That commercial back in the 60's and 70's summarizes the most important finding in the latest research by the National Highway and Transportation Safety Administration concerning child safety in motor vehicle collisions in Maryland, the District of Columbia and nationally.

The National Occupant Protection Use Survey (NOPUS) is a comprehensive examination of the extent of the use of safety restraints from 2002 to 2008.

We examine this survey in detail elsewhere, but two things are clear, restraint use is critical to preventing or limiting child injuries in car crashes and drivers who use seatbelts themselves are far more likely to employ restraints for their children.

Backover Vehicle Deaths What Can Be Done?

rvcj@verizon.net (Blog Author)18134 — Wed, 09 Sep 2009 08:00:00 EST

Tragically, backover accidents claim approximately 292 lives every year with the majority either under the age of five or over the age of seventy. That society's most vulnerable are victimized by these incidents requires greater vigilance and the National Highway and Transportation Safety Administration has embarked on a vigorous effort to combat wrongful death and injury in backup collsions.

It is estimated that more than eighteen thousand injuries from backover incidents occur every year. Pickup trucks and SUVs are involved in a larger than expected proportion of deadly crashes. Obviously this is function of those particular vehicles size and configuration.

Consequently a large part of NHTSA's focus has been on evaluating how to combat " rear blind zones." The obvous suggestions, rear cameras, detection systems and mirrors have been evaluated and public input has been sought.

The origin of this inquiry is the Cameron Gulbransen Kids Transportation Safety act of 2007. That law stemmed from a tragic incident in New Jersey where Greg Gulbransen backed over and killed his two-year old son.

While this topic will be examined in greater detail in our ongoing examination of wrongful death in Maryland, is is clear that the greater the height and width of a vehicle the less the overall rear visibilty. The cost of retrofitting vehicles with rear cameras and detection systems is regarded as prohibitive but targeting the vehicles with the most dangerous propensities, suvs and large pickups, may be necessary.

Tragic Howard County Motorcycle Crash Kills Prince Georges County Resident

rvcj@verizon.net (Blog Author)18047 — Mon, 07 Sep 2009 08:00:00 EST

A sad report of a Prince Georges County motorcycle rider being killed on Route 100 in Howard County. As we have reported in the past overall motor vehicle deaths are down but not for bikers. http://www.maryland-law.com/library/motorcyclist-fatalities-on-the-rise.cfm

Early investigative reports suggest that the two motorcycle operators were driving in excess of the speed limit and one struck the guardrail. Unfortunately this scenario occurs all too often.

Fatality Analysis Reporting System; Understanding Wrongful Death Crashes

rvcj@verizon.net (Blog Author)17989 — Sat, 05 Sep 2009 08:00:00 EST

The Fatality Analysis Reporting System or F.A.R.S. is a new tool in compiling and understanding data regarding fatal car and truck crashes. The National Highway and Transportation Safety Administration has developed this data base to assist the public in appreciating trends in the tragic area of traffic fatalities.

The volume and scope of the information available is staggering and use of F.A.R.S. takes a little practice. However, many trends previously reported here are demonstrated clearly through F.A.R.S.(http://www.maryland-law.com/library/analysis-of-maryland-car-accident-truck-crash-motorcycle-fatalities.cfm

The most obvious broad finding is the long term reduction in vehicle crash deaths. From 1994 to the present traffic fatalities have gone down. Why this is so is subject to some disagreement but clearly the increased prevalence of safety technologies including safety belts, airbags, anti-lock brakes and antiskid systems have been helpful. Perhaps, increased use of safetybelts has been a factor(see http://www.maryland-law.com/blog/seatbelt-use-and-motor-vehicle-crash-injuries.cfm).

Some less obvious findings include the fact that rollovers are four times as likely to occur in fatal crashes as in merely injurious crashes. Oddly, fatality rates for women are uniformly lower than for men but injury rates are higher.

Nursing Home Abuse Closes Down Potomac Facility

rvcj@verizon.net (Blog Author)17988 — Sat, 05 Sep 2009 08:00:00 EST

Allegations of severe elder abuse at AAA Warmcare group home in Potomac, Maryland has resulted in a state shut-down.
Elderly residents were evidently subject to abusive actions including taping of their mouths and a rag being placed over a residents mouth.

The operators of this home are alleged to operate two other area facilities with deficiencies. In our experience representing injured seniors, many such group homes receive much less scrutiny than larger nursing homes. We also routinely, learn that the operators of one troublesome group home operate others. The names are different but the core directors and employees are the same.

Allegations of improper use of restraints and administration of medications have also been alleged here. For more information on how to avoid nursing home abuse please explore this link.(http://www.maryland-law.com/library/nursing-home-rating-system-effective-useful.cfm

Stopping Sudden Acceleration Vehicle Crashes

rvcj@verizon.net (Blog Author)17959 — Fri, 04 Sep 2009 08:00:00 EST

The National Transportation Safety Board is devoting more energy to eliminating a particularly injurious kind of crash, the so-called sudden acceleration crash. These car, truck and bus crashes originate from a standstill and are generally the result of the driver inadvertantly hitting the gas and not the brake. Many of you will remember the reports of sudden acceleration of Audis in the past and the overwhelming research on the subject has implicated driver errror and not vehicular defects.

The NTSB's particular interest has stemmed from a series of school bus crashes, most notably in Liberty, Missouri and Falls Township, Pennsylvania. Their findings, that pedal misapplication by the vehicle operators was responsible, has led to some new recommendations.

The most prominent of these involves the use of brake transmission shift interlock systems, which is to say devices that require that the operator has their foot on the brake when shifting from park into drive. This system is becoming more widespread but even it cannot entirely eliminate pedal misapplication. For this, the agency is examining pedal configurations in an attempt to decrease operator mistakes.

The NTSB has previously mandated that all school buses and commercial motorcoaches manufactured after January 1st, 2003 be equipped with on-board recording systems which will monitor and record the driving behavior of both the vehicle and its operator. This information rather like the black boxes on airliners, will enable investigators to explore how and why collisions involving buses occur and hopefully reduce their incidence.

Seatbelt Use and Motor Vehicle Crash Injuries

rvcj@verizon.net (Blog Author)17920 — Thu, 03 Sep 2009 08:00:00 EST

In our series of articles on motor vehicle deaths and injuries we have learned about recent trends and statistics which encourage us at Clark and Steinhorn to hope we will see fewer car and truck crash injuries and deaths. Overall, the roads appear to be safer for everyone but motorcyclists and their passengers.http://www.maryland-law.com/blog/motorcyclist-fatalities-on-the-rise.cfm

Some of this may be attributable to new safety features appearing more and more on our cars and even commercial trucks and eighteen wheelers. Anti-lock brakes, skid controls, airbags and side-curtain airbags reduce injuries and save lives.

It also appears an old friend, the safety or seatbelt has a hand in things. Seatbelt use is up to more than 83%. Use by younger drivers 16 to 24 is lowest at 80% but even this is an improvement. Oddly, seatbelt use in seniors while higher than young people at 84% represented a decrease. Solo drivers have a lower seatbelt usage than drivers in groups (do our passengers reinforce group safety?) and women are better than men.

These findings derive from NOPUS or the National Occupant Protection Use Survey. NOPUS also collects other vehicle safety data including information about child safety seat usage and motorcycle helmet usage. One disconcerting finding was that black vehicle occupants were less likely to wearing their seatbelts.

Motorcycle Injuries Continue Steady Climb

rvcj@verizon.net (Blog Author)17918 — Thu, 03 Sep 2009 08:00:00 EST

As our prior articles have reported, deaths from motor vehicle and commercial truck collsions have been on a steady downward trajectory for a number of years. (http://www.maryland-law.com/library/maryland-motor-vehicle-death-cases.cfm) Unfortunately, this has not been the case for our numerous friends and clients who enjoy motorcycles.

Motorcycle deaths and injuries continue to increase. Many of the basics of this phenomenon are not suprising. The overwhelming majority of those injured or killed are men and a large proportion of those are in their twenties. Slightly more motorcycle accidents are multiple vehicle crashes (52%) than single vehicle (48%).

More motorcycle crashes occur during daylight hours and on weekdays. Alcohol is involved in less than ten percent of the cases and in 2007, 63% of injured motorcyclists were helmeted.

However, none of this information sensibly accounts for the increase in motorcyclist fatalities and injuries. In a ten year period ending in 2007 motorcycle crashes had gone up 110%! Yes, overall motorcycle registrations had gone up in the same period but only 84%. Helmet use increased during the ten year period and public awareness of keeping an eye out for motorcyclists had also gone up.

So, what is the explanation? A number of theories have been posited and some are suprising. First, the incidence of older operators increased substantially. Where cycling had been a young persons game historically, it is finding more adherents in their forties and fifties.

Second, the ratio between weekday and weekend crashes is shifting. Understandably, there are five weekdays and only two weekend days, thus it is inevitable that weekday crashes would be more numerous. But, weekend crashes are increasing resulting in the belief that weekend riders are more recreational than transportational and thus less practiced.

The ironic conclusion is that more older operators means more injuries and fatalities. Go figure.

2008 Helicopter Emergency Medical Services Deadliest Year

rvcj@verizon.net (Blog Author)17843 — Tue, 01 Sep 2009 08:00:00 EST

With twenty nine deaths and twelve crashes, helicopter emergency medical services suffered their most deadly year ever.
Consequently, the National Transportation Safety Board has turned its attention to the problem with four days of hearings resulting in nineteen safety recommendations.

The suggestions included greater pilot training, better use of available weather and safety data and more advanced low altitude safety infrastucture.

Increased use of dual pilots, improved autopilot safety technology and night vision safety technology are likely to reduce crashes.

Emergency helicopter medical services is a field which has expanded rapidly despite the slow economy and its increased use has also resulted in operators taking greater risks.

Heavy Vehicle Pedal Misapplication; An Unexpected Danger

rvcj@verizon.net (Blog Author)17840 — Tue, 01 Sep 2009 08:00:00 EST

If you have ever accidentally hit the gas when you intended to hit the brake, you can appreciate how dangerous this could be in a commercial bus or 18-Wheeler. This is the subject of a new investigative report by the National Transportation Safety Board.

Evidently the problem of pedal misapplication has been particularly troublesome for school bus operators. There has been a substantial incidence of stopped school buses accelerating suddenly, with the vehicle operators reporting brake failure. NTSB investigation has consistently revealed not only no brake failure but in fact no evidence of application of braking at all. The operators have been shown to have inadvertantly pushed the gas not the brake.

The National Highway Transportation Safety Board has been tasked with coming up with new technologies to eliminate pedal misapplication and to prevent sudden school bus or heavy vehicle acceleration from a standstill.

Motorcyclist Fatalities On The Rise

allansteinhorn@gmail.com (Blog Author)17361 — Mon, 24 Aug 2009 08:00:00 EST

Three men, three motorcycles, and three deaths, all within 36 hours in the Maryland and Washington, D.C. area. It's part of a disturbing trend in our area and nationally: motorcycle fatalities are rising. Although the high price of gasoline has reduced driving nationally, and led to a decrease in traffic accident fatalities, motorcylclist fatalities actually increased last year, according to the National Transportation Safety Board.

The article in our library, entitled Motorcyclist Fatalities On The Rise, addresses several of the causes. The bottom line is that with the high volume of traffic on our highways, the inexperience of many motorcyclists, and the ever present "driver error" factor, motorcyclists' deaths are rising.

The biker behind you may be your friend, your husband, your wife, your son, your daughter, or your neighbor. Please share the road, and keep an eye out for the vulnerable motorcylcist. Most importantly, obey all traffic laws, and follow the speed limit.

If you or a loved one has suffered injury by the careless actions of another driver, contact the Law Offices of Clark & Steinhorn, LLC.

Bad Week for Lady Justice

allansteinhorn@gmail.com (Blog Author)17294 — Sat, 22 Aug 2009 08:00:00 EST

Its been a bad week for Lady Justice and the public's perception of justice in our area. First there was the report that a Charles County Circuit Court judge took justice in his own hands when he deflated the tire of a car that was parked in a restricted zone of the courthouse. The car belonged to a member of the courthouse cleaning crew who worked nights and wanted to be close to her car when she left work late at night and in the dark. The judge was cited this week, and was suspended by the chief administrative judge from presiding over criminal trials until the citation is resolved.

Another story affecting all of us who depend on truthfullness of all for the fair administration of justice, is the story coming out of Montgomery County, MD concerning a police officer's indictment for perjury charges arising from a DWI arrest. Video footage from a security camera apparently contradicted the officer's sworn testimony concerning the facts leading to the arrest and subsequent charges of a driver for driving while intoxicated. The video footage showed that when the officer arrived at the scene, the defendant was in the back seat with his feet out the window. The officer testified at trial that the defendant was found behind the wheel of the car, in the driver's seat. Without placing the defendant behind the wheel of the car, the State could not prove that the driver was in fact guilty of driving a vehicle while intoxicated. After the defense lawyer showed the security camera video at the trial, showing that the driver was not operating the vehicle when the officer arrived, the defendant was acquitted. The police officer has been indicted for testifying falsely in court to in order to convict the driver.

Finally, the Chief Public Defender for the State of Maryland, Nancy S. Forrester, was fired by the Board of Trustees this week. What makes the story noteworthy is that after she was fired, Forrester stated that the Board ousted her for philisophical reasons, and in part, for failing to fire a well respected African American District Public Defender for no reason. She also wrote, in a one page statement, that she had been asked to do other unlawful and wrongful acts.

The public's faith in our judicial system, and our ability to make it work fairly, is seriously harmed by wrongdoing by those involved in the administration of justice. Let's hope these cases are just isolated and rare incidents, and not signs of more serious problems in our judicial system. Without the highest integrity of those who help administer justice, how can we expect the public to have faith that they can obtain justice in our courts?

Federal Agency to Conduct Summit On The Dangers of Texting While Driving

allansteinhorn@gmail.com (Blog Author)16409 — Wed, 05 Aug 2009 08:00:00 EST

Well its about time. The New York Times reports in its August 5, 2009 edition that the Department of Transportation will hold a summit this September on the dangers of distracted drivers and drivers who text and drive. Safety advocates say this is a shift in the federal government's recognition of the dangers of drivers who text while driving and who are negligently causing more and more car, bus and truck accidents, many with serious injuries.

Several states, including Maryland and Virginia, have enacted anti-texting laws to prevent accidents caused by negligent drivers who text and drive, and the movement is growing. With the rise in car and truck accidents caused by drivers who text, federal action to make our roads safer is gaining more and more momentum.

Our office has seen the victims of negligent drivers who text while driving, and we welcome these efforts to make our roads more safe. If you have been the victim of a negligent driver who was texting while driving, call the Law Offices of Clark & Steinhorn, LLC.

Reducing Motor Vehicle Deaths Through Improved Rear View Technologies

rvcj@verizon.net (Blog Author)16271 — Mon, 03 Aug 2009 08:00:00 EST

In our series of publications on national efforts to reduce wrongful death and personal injury incidents involving tractor-trailers and eighteen wheelers, we discuss an often overlooked area, rear-view problems.

Everyone who drives a vehicle of any kind has experienced an occasion where they could not observe objects or people behind them.

The National Highway and Transportation Safety Administration is focused on implementing new rules to reduce rear-view obstruction problems.

Many of the suggestions are in use ona limited basis. One of the least expensive of these is the use of convex rear-view mirrors which expand the field of vision considerably.

Somewhat more expensive suggestions include rear-object backing detection systems and cameras.

NTSB Completes On-Sight Investigation of Fort Totten Metro Crash

rvcj@verizon.net (Blog Author)16269 — Mon, 03 Aug 2009 08:00:00 EST

On Friday July 31st The National Transportation Safety Board released the area of the fatal crash of June 22nd back to Metro. The N.T.S.B. signal and train control group continues to examine components of the track detection system for explanations for the crash.

A final report is not anticipated for some months. Metro will continue to run at reduced speed on a single-track basis for the forseeable future

Metro Problems Bad to Worse

rvcj@verizon.net (Blog Author)16192 — Fri, 31 Jul 2009 08:00:00 EST

The timing could not be worse for Metro to have additional problems. Drivers of Metrobuses have been arrested for kidnapping a passenger and driving on a suspended license. The much ballyhooed zero tolerance policy instituted by Metro apparently has not altered the Metro culture very much.

The Washington Post also reports suspensions for sleeping, talking on cellphones, and reading while on the job. What is particularly disturbing is that investigators would likely have a difficult time ascertaining whether a crash was attributable to one of these distractions after the fact.

Public vigilance has brought most of these incidents to light and it does leave one wondering whether Metro can police itself.

United States Senate Models No Texting While Driving Bill on D.C.

rvcj@verizon.net (Blog Author)16147 — Thu, 30 Jul 2009 08:00:00 EST

Senator Charles Schumer of New York has introduced a bill that would seek to bring uniformity to state laws governing texting while driving. The bill would penalize states that do not prohibit texting while driving by reducing their share of federal highway dollars.

Locally, the District of Columbia has led the charge against texting while driving with its distracted driving law. http://www.maryland-law.com/blog/226.cfm

Virginia and Maryland are two of thirteen states that also prohibit or will shortly prohibit texting while driving.

Recent studies at Virginia Tech and by the Insurance Institute for Highway Safety illustrate what a perilous practice driving while texting is. The Virginia Tech findings reveal that tractor-trailers and commercial truck drivers are twenty three times more likely to either crash or have a near-crash than non-texting drivers. http://www.vtti.vt.edu/whats-new.html#driving-distraction

Much credit has been given to The District of Columbia's anti-texting law and efforts to enforce it. Nice to hear something positive about the old hometown now and then.

Fort Totten Metro Crash Module Anomalies

rvcj@verizon.net (Blog Author)16145 — Thu, 30 Jul 2009 08:00:00 EST

It seems the answer to what caused the Fort Totten Metro crash is more elusive than some might have thought. The National Transportation Safety Board, The Federal Transit Administration, Metro and the private equipment manufacturers are scrutinizing all the detection components to ascertain why train 214 was not detected by the various safety devices.http://www.ntsb.gov/Pressrel/2009/090729.html

Particular focus has been on two modules which were in use at the time of the crash. These demonstrated anomalies upon testing after the collision. A substitution of other modules also did not work properly. This was thought to be of significance until two new modules were plugged in and worked properly.

It seems that adjustments to track circuit signal strength may have played a role on the module anomalies.

The Washington Metro System is not alone in having problems

rvcj@verizon.net (Blog Author)16064 — Wed, 29 Jul 2009 08:00:00 EST

There is an inevitable tendency to focus on the Washington Metro's problems in the aftermath of the Fort Totten crash.
This is a function of trying to ascertain why the June 22nd catastrophe happened and to ensure that it never happens here or anywhere else again.

This blog has noted significant problems in San Francisco http://www.maryland-law.com/blog/washington-metro-crash-we-are-not-alone.cfm and now we learn that the vaunted light-rail system in Berlin, Germany has been effectively shut-down due to numerous safety hazards.

There has been much grumbling about the inconvenience visited upon red-line passengers as the joint N.T.S.B. and Metro investigation moves forward. Yet, we can anticipate a return to normalcy this fall.

In Berlin however, the light-rail system is almost completely shut-down and will not reopen until December. This is particularly daunting as Berliners will celebrate the twentieth anniversary of the fall of the Belin wall this November and the city is anticipating a huge influx of people.

Tractor-Trailer Crashes, what can be done to make 18-Wheelers Safer?

rvcj@verizon.net (Blog Author)15908 — Mon, 27 Jul 2009 08:00:00 EST

In our practice we have seen many catastrophic commercial trucking accidents. The causes vary from equipment problems to driver error, due to fatigue or even intoxication. Eighteen- wheelers can cause so much harm that the focus on their safe operation is vitally important to decreasing wrongful deaths on our highways.

So what are the most important priorities to the government agencies that monitor such things?

Suprisingly the number one focus is on getting medically unqualified drivers off the road. http://www.ntsb.gov/recs/mostwanted/medical_certification.htm.

It seems almost inconceivable that drivers with serious medical conditions routinely operate tractor-trailers but evidently this is the number one problem encountered by the Federal Motor Carrier Safety Administration.

Worse still, it is apparently something of a point of contention between the National Transportation Safety Board and the Federal Motor Carrier Safety Administration. In its so-called "wish list", for most wanted safety improvements, the NTSB lists "Prevent Medically Unqualified Drivers From Operating Commercial Vehicles'" as a high priority objective.
Unfortunately, they also grade their fellow government agency as having an "unacceptable response".

Wow! The NTSB goes on to say :

"Based on its investigations of accidents involving drivers with serious medical conditions, the Safety Board has determined that serious flaws exist in the medical certification process for commercial vehicle drivers. Flaws in the certification process can lead to increased highway fatalities and injuries for commercial vehicle drivers, their passengers, and the motoring public."

Next a discussion of the medical certification process.

Washington Metro Crash: We Are Not Alone

rvcj@verizon.net (Blog Author)15906 — Mon, 27 Jul 2009 08:00:00 EST

In the aftermath of a calamity of the magnitude of the Fort Totten Metro crash it is inevitable that we focus our attention on why it happened and how to avoid future such incidents. Nonetheless, on July 18th, 2009 the San Francisco Metropolitan Transit Agency had a similar collision between two light-rail trains. More than forty people were injured and the National Transportation Safety Board is performing a detailed examination of how that came to pass.

The performance of the San Francisco transit systems have come in for acclaim for anticipating the problems which investigators believe caused the Fort Totten crash. This demonstrates that they too are not immune to dangerous problems.

Maryland Medical Malpractice Informed Consent Important Decision

rvcj@verizon.net (Blog Author)15887 — Mon, 27 Jul 2009 08:00:00 EST

Maryland's highest court has decided an important case clarifying the doctrine of "informed -consent". The case of Mcquitty v. Spangler holds that "the purpose of informed consent is to provide the patient (knowledge) of his or her options as well as risks of specific" procedures.

The backdrop for this decision involved a woman who was 32 weeks pregnant who had received an abnormal ultra-sound. She was not "informed" of the benefit of cesarean section and ten days later suffered a uterine collapse requiring emergency surgery.

The trial court had thrown out a substantial verdict saying that the "informed-consent" doctrine only applied to "affirmative violation of the patient's physical integrity."

The Court of Appeals ruled that this concept was wrong. In lay-person's terms something does not have to go wrong with a medical procedure to bring in to play informed-consent. Rather "it is the duty of a healthcare provider to inform a patient of material information" that "would be significant" "in deciding whether or not to submit to a particular procedure."

The Court correctly stated that actual physical contact with a medical procedure is not necessary as the doctrine is vital to "promote a patient's choice."

Fort Totten Metro Crash Investigation What's Next?

rvcj@verizon.net (Blog Author)15863 — Mon, 27 Jul 2009 08:00:00 EST

The National Transportation Safety Board has been working closely with WMATA and two private companies that designed and manufactured the train automatic control components, to determine what went wrong, why and where. In theory this will serve to alert Metro to potential existing risk areas and also perhaps to illuminate what triggered the train detection malfunctions.

A sight distance test was also performed on Saturday July 18, 2009. This was an effort to examine post-accident rail markings and use them as a means to look at information concerning the striking train. This information would include braking characteristics and speed as derived from the Metro operations control center.

Presumably these phases of the investigation will assist NTSB and Metro in coming up with better back-up systems in case of signal failures in the future.

Fort Totten Metro Crash Investigation Reveals Rush-Hour Problems

rvcj@verizon.net (Blog Author)15839 — Sun, 26 Jul 2009 08:00:00 EST

In the painstaking NTSB investigation of the June 22nd Fort Totten Metro crash some interesting findings are coming to light. The focus has been on so-called impedance bonds in the area of the crash, one of which was replaced five days before. The bond on the other end of the circuit was replaced in December 2007 and has been fluctuating ever since.

What does this mean in practical terms? It means first of all that some indication of problems has been around for eighteen months. Metro is a highly complex system and it is not clear whether either train operators or other Metro employees had complained about these circuit problems.

It also appears that the fluctuations increase during rush-hour travel. Obviously that is not good news and the origin of these problems is being looked at closely. The N.T.S.B. has suggested that possible sources of problems include electromagnetic interference, traction power harmonics, and possibly communications related interference. Whatever the cause, it is inhibiting the automatic train control system and must be cured.

Metro Door Issues are Latest Exposed Problem

rvcj@verizon.net (Blog Author)15816 — Sat, 25 Jul 2009 08:00:00 EST

It seems there is an endlesss list of potential hazards coming to light in the wake of the June 22nd Fort Totten Metro crash. The Washington Post reports that a train operator was placed on leave as a result of opening doors on the wrong side of the train.

The Post article quotes a passenger who peered out of the open doors at a catwalk and the third rail. This was reportedly the third time this has occured this year. In 2008 it happened six times. Evidently there is also a problem with doors being opened too soon as well. Reports are that this has occurred 17 times in a three month period this year.

Inevitably you ask how come this isn't done automatically? The answer of course is that it was until that function went haywire. Now its done manually although interestingly it appears that the number of wrong- sided openings are more frequent with manual operation.

Metro's ever sensitive response, "He probably hit something by accident." Oh boy.

Fort Totten Metro Crash Opens Public Disclosures of Problems

rvcj@verizon.net (Blog Author)15814 — Sat, 25 Jul 2009 08:00:00 EST

After every major calamity, whether its a plane crash or the present Fort Totten disaster, the public gets a peak behind the screen erected by the operators. Sometimes this comes about because of the National Transportation Safety Board's diligent scrutiny and sometimes because of whistleblower-like disclosures. Either way we've seen more public disclosure of past near crashes and other serious malfunctions on the Metro in the last month than we could have imagined.

Perhaps, these problems have been disclosed to agencies responsible for overseeing Metro but despite an avid professional interest in such information much of it is new to me. This can't make Metro officials happy because it reflects on their competence and also on how forthcoming they are about problems.

It is also places Metro in a difficult position in defending the lawsuits now piling up in The United States District Court for the District of Columbia and the Superior Court for the District of Columbia. Put simply, the Bay Area Rapid Transit system in San Francisco foresaw the majors problems which appear to have caused this incident and fixed them more than thirty years ago.

Makes it kind of hard for Metro to argue that this incident was not forseeable.

Tragic Western Maryland Helicopter Crash

rvcj@verizon.net (Blog Author)15792 — Fri, 24 Jul 2009 08:00:00 EST

Tragedy struck when a helicopter crashed in the Smithsburg area of western Maryland. The copter was being operated by a flight training company, Advanced Helicopter Concepts. Three employees and an unidentified passneger perished. There is some speculation that weather could have played a part as the helicopter struck power lines on its way to earth.

This comes in the wake of investigations of other Maryland helicopter crashes associated with the state medevac system. The National Transportation Safety Board investigated the tragic 2008 crash of "Trooper 2" in Prince Georges County

Krauthammer Medical Malpractice Bologna

rvcj@verizon.net (Blog Author)15784 — Fri, 24 Jul 2009 08:00:00 EST

As President Obama works feverishly to bring the wealthiest nation in the world in line with every other western democracy, in ensuring that its citizens have access to basic health care, commentators like Charles Krauthammer try and sabotage the effort.

Alawys a fan of "tort reform", Krauthammar blames the ballooning costs of health care on the victims of medical malpractice. Describing the court system as "jackpot justice", he simultaneously insults the judges and jurors who attempt to decide malpractice cases.

He ascribes tens of billions of dollars in medical cost savings to "tort reform" without the benefit of any actual basis in reality. He talks about defensive medicine as the greatest waste of money, as though the patients and doctors are forced to take tests which routinely have no value.

My experience in twenty eight years of personal injury practice is that both patients and doctors are united in a desire to get to the bottom of health problems and that in our tecnologically-driven society that often means tests. When it is our health on the line, we want the medical establishment to leave no stone unturned.

Wouldn't it be interesting to see how many tests Mr. Krauthammer would turn down as unnecessary "defensive medicine"
if he were very ill?

Fort Totten Metro Crash Long-Term Problems

rvcj@verizon.net (Blog Author)15781 — Fri, 24 Jul 2009 08:00:00 EST

The National Transportation Safety Board has determined that the track circuit problem thought to be at the heart of the catastrophic June 22nd Fort Totten Metro crash, has been malfunctioning since December 2007. Interestingly, the BART system in San Francisco had similar problems back in the 1970's and instituted a back-up system.

Such a system might have averted the Fort Totten crash had it been present. The NTSB has strongly urged immediate action on such a system for Metro.

As discussed on this blog previously, Metro general manager, John Catoe has appeared quite defensive about such matters and this has resulted in scepticism about Metro's pronouncements. Perhaps it is an effort to deflect or hinder the pending lawsuits that have been filed in the aftermath of this collsion.

Nonetheless, the public has an imperative right to know the truth and past efforts to hide problems usually backfire.

Fort Totten Metro Crash Explanation by General Manager John Catoe

rvcj@verizon.net (Blog Author)15708 — Wed, 22 Jul 2009 08:00:00 EST

Koja Nnamdi took a largely non-confrontational approach in his interview with Metro general manager, John Catoe today on WAMU. He did ask some tough questions about the reports of widespead technical problems, which Catoe rejected. Catoe attempted to accuse the media of scaring the public with their reports.

His efforts to analogize metro's technical problems to a heart patient getting an EKG of many hours duration with only one small blip or irregularity seemed particularly inappropriate given the death and injuries visited upon metro patrons.. His one small blip caused nine deaths.

It does seem clear that the NTSB is finding a number of deficiencies in the metro safety system and that metro is attempting to correct them as soon as possible. Hopefully, metro's historic funding problems will not hinder this.

District of Columbia Medical Malpractice Verdicts 2009

rvcj@verizon.net (Blog Author)15656 — Wed, 22 Jul 2009 08:00:00 EST

As regular practitioners in the courts of the District of Columbia, Allan and I are aware of recent trends including those in both motor vehicle cases and medical malpractice cases. The court also regularly compiles verdict information and the latest such information does not bode well for victims of medical negligence in the District.

In the first half of 2009 six medical malpractice cases were tried to verdict in the Superior Court for the District of Columbia and only three resulted in verdicts for the plaintiff. The largest such plaintiff's verdict was slightly less than $132,000.00 and that verdict was vanquished by the judge.

The malpractice verdict trends are consistent with trends in auto accident cases in Superior Court and should be a cautionary tale for litigants who refuse to accept offers that their attorneys and the trial judges evaluate as fair.

Metro crash problems widespread

rvcj@verizon.net (Blog Author)15650 — Wed, 22 Jul 2009 08:00:00 EST

Widespread reports of more serious problems with Washington's metro are emerging. The track circuits which detect the presence of trains apparently are problematic both in the area where the tragic collision took place and also elsewhere in the system. This will inevitably result in questions both as to the ongoing safety of the system but also as to the candor of Metro officials. It also will raise red flags as to the effectiveness of "monthly" track circuitry evaluations performed before this collsion.

Motor Vehicle Fatalities and Deadly Roads

rvcj@verizon.net (Blog Author)15649 — Wed, 22 Jul 2009 08:00:00 EST

THe University of Minnesota has come up with an interesting tool focusing on the most deadly roads and interchanges in the U.S. Unfortunately, Maryland figures quite prominently for both rural and urban roads. Included on the list are routes 495 and 95 both at their intersection and at Md. 214, route 40, Md. routes 4 and 5, route 50 at its intersection with 404, route 301 and Indian Head Highway. the information is used in conjunction with google maps and can provide specific information regarding dates, times circumstances and victims. This information will be examined in greater detail in the article Maryland Traffic Fatalities here at Maryland-Law.com

Swimming Pool drowning Case

rvcj@verizon.net (Blog Author)15648 — Tue, 21 Jul 2009 08:00:00 EST

Maryland's second highest court recently authored an opinion involving the tragic drowning death of a five-year old boy at a Crofton country club. The issue before the court involved whether a claim could be made for the boys' pain and suffering before his death. The trial court had said no. The appeals court correctly ruled that evidence existed that the boy likely suffered conscious pain and suffering and that the jury should be permitted to consider awarding monetary damages for that suffering. This issue has come up in Clark and Steinhorn's past representation of other drowning victims.

The Dangers of Texting While Driving

allansteinhorn@gmail.com (Blog Author)15067 — Thu, 09 Jul 2009 08:00:00 EST

Texting While Driving

Technology is a wonderful thing but often brings unforseen consequences. We see this every day in our practice with the ever-increasing number of major collisions resulting from driver's texting while driving. Recently new laws were enacted in Virginia and Maryland prohibiting texting while driving. The District of Columbia enacted the Distacted Driving Safety Act back in 2004 and yet just yesterday I was contacted by a driver who was in a major collision at Ward Circle, struck from behind by a texting driver. The Metropolitan Police came to the scene and yet despite the driver's admission that she was texting no citation was issued.

The texting problem also carries over to more dangerous situations as a Metro train operator was recently suspended for texting while operating his train. The evidence of his inattention was caught on video and this obviously begs the question of how widespread this practice is? In California a train operator was found to have been texting while a deadly accident was unfolding before him. How can this dangerous practice be stopped?

The American Automobile Association has suggested that soon laws will be on the books in every state prohibiting texting while driving and yet laws are meaningless unless they are enforced. Which brings me back to my unfortunate new client from the Ward Circle collision. He is hurt ,will miss time from work and will have the general hassle of coercing a reluctant insurance company into fixing his car. While the texting driver who caused the accident may ultimately get a bump-up in her insurance rates, she did not get as much as a ticket for her dangerous actions. Lets be honest-if you are driving a two-ton machine with your eyes looking down at a two inch screen, you may as well be driving with your eyes closed.

Metro Train Crash and Safety Standards

:rvcj@verizon.net (Blog Author)14231 — Tue, 23 Jun 2009 08:00:00 EST

In a blink of an eye our view of something we take for granted can change. How many hundreds of million passengers has the Metro safely carried since a passenger was last killed? I take it routinely as the fastest, safest, cheapest means to get from my home and office in Maryland to the District of Columbia's court system . My wife takes it from her office to meetings downtown or to the airport. My daughter took it to her new job, on that horrible day and made it home safely without grasping what had happened. Many others were not so fortunate.

Its been five years since the last serious incident, a red line disaster that left 20 injured. Before that a 1996 incident killed the operator of the train. It has been twenty seven years since the last passenger death. An orange line derailment which killed three. The question is how safe is the Metro system?

Preliminary word is that the first car of the train that struck, was two months overdue for brake work and evidently had been recommended for replacement ,as questions existed as to its crashworthiness. But realistically these aren't bumper cars, if we can't keep them from crashing into each other, there is a very serious problem at work. As always money plays a role. The cars weren't replaced despite the crashworthiness issue because of cost. That probably explains the overdue brake work too. All of this plays into a long-term Metro issue, the absence of a long-term dedicated funding source. Because Metro is a by-product of a compact between Virginia, Maryland and the District of Columbia, their cooperation is essential and often not forthcoming. Politics trumps safety until disaster strikes.

This was the case in the 2004 collision. The oldest cars, also involved in yesterday's crash, lacked a so-called rollback mechanism to literally ensure the cars did not roll back into one another. In 2004 they did and twenty were injured. While the rollback system appeared not to have played a role in yesterday's disaster, the cars involved still lacked the rollback mechanism despite the passage of five years and the specter of the 2004 incident.

It is said that Metro officials believed that a collision such as yesterdays was impossible. Metro's fail-safe computerized signal system was supposed to prevent this. Somehow fail-safe items never quite fulfill their title. Mind you there were reports of incidents even five years ago of failure of the fail-safe mechanism but no one was killed and the incidents received scant public notice.

What can we do? Fortunately, the United States Government, in recent times caricatured by republicans as incompetent, operates the worlds most effective accident investigation agency, The National Transportation Safety Board. They will bring their C.S.I.-Like prowess to the investigation. The politicians will meet and avow their determination that this will never happen again and perhaps the persistent long-term funding issues at Metro will be addressed. But I suspect that until the trial lawyers get into the act, the truth of what happened and why won't really be forthcoming. After all, Metro and its constituent governments have ignored the warning signs before because of money. Perhaps, when they are done providing fair compensation to the victims of this tragedy, they will heed the NTSB recommendations and make this system truly fail-safe.