Maryland Accident Law Blog

Attorneys for Frank and Karen Hudson, the couple that was seriously injured when the house under construction next door fell on their home, have notified Calvert County and Chesapeake Bay that a personal injury lawsuit will be filed against them. The accident happened during a storm on May 11.

According to the notification letter, the municipality should have know that the home under construction, owned by Frank Leniek, was faulty and did not conform to federal, local, and state building codes, thereby posing an unreasonable injury risk to third parties. The letter also notes that neighbors had complained to county and town officials on more than one occasion that there was a problem with the home.

Following the accident, town and county representatives said Leniek’s home did not violate his zoning or building permits. Neighbors had asked that Leniek's building permit be taken away, but the Calvert County Board and County Commissioners have refused to grant their request.

Personal Injury Cases
Injuries caused by another party can be grounds for a personal injury lawsuit. A good personal injury law firm will know how to thoroughly investigate the circumstances surrounding your accident. There may be more than one liable party, which means you could be entitled to financial recovery from more than one source.

Many times, insurers of negligent parties will try to settle a case as soon as possible even before an injury victim knows how much money it will cost for medical and recovery expenses. Exploring your legal options by speaking with a Maryland injury attorney allows you to take care of yourself and your family.

Lawsuit Looms in House Collapse, Washington Post, July 6, 2008

Rain, Winds Ravage Area; Homes Lost, Roads Closed, Washington Post, May 15, 2008

Related Web Resource:

Welcome to Calvert County

Two kids suffered burn injuries in Washington DC on Monday during a fire accident on a playground at the Columbia Heights Village Apartment Complex. Neighbors blame careless workers for leaving a can of gasoline at the playground.

Police say that a boy was playing with the can of gas when the fire started. A little girl sitting on a bench got burned and was later hospitalized. Neighbors say they called emergency crew members when they heard screaming.

According to The Burn Institute:

• Children younger than 5 are two times as likely as other people to die in a fire accident.
• Children are at highest risk of dying from their burn injuries.
• Playing with fire is the number one cause of death for very young children.
• 18-month old toddlers have been known to start serious fires.

Property owners and managers and those in charge of overseeing job sites, public events, public areas, and other premises frequented by kids, patrons, employees, visitors, and others are supposed to make sure that there are no unsafe conditions on a premise that can lead to serious injuries or deaths.

Common causes of fire injures to children younger than 15:

• Fireworks
• Ovens
• Curling irons
• Heaters
• Matches and lighters
• Hot liquids and hot foods
• Household appliances
• Defective electrical products

Kids Playing with Fire Leave Two Hurt in D.C., MyFoxDC.com, September 2, 2008

Burn Injury Fact Sheet, CT Safe Kids

Related Web Resources:

The Burn Institute

Fire Deaths and Injuries: Fact Sheet, CDC

Continue reading "Two Kids Suffer Burn Injuries in Washington DC Apartment Complex Playground" »

In Prince George’s County, Maryland, three people were taken to local hospitals yesterday after a purse-snatching incident began a police pursuit that led to a multi-vehicle collision. The robbery took place early in the afternoon when a man jumped out of a Toyota Camry and grabbed a purse from the car of a woman who was pumping gas into her vehicle at a Largo service station.

The man then fled in the vehicle, which two other men were riding in. The woman contacted police. A police car that was chasing the suspects crashed into a motor vehicle close to Balboa Avenue and Gunther Street. The vehicle was seriously damaged in the crash and the two people riding in the car and the police officer were taken to the hospital for “a routine checkup.”

The cruiser also struck at least one car on Balboa and possibly two more. The suspects abandoned their vehicle close to Clovis Avenue before running off.

If you or someone you love was injured in a Maryland motor vehicle crash or if your vehicle or other property sustained damages in an auto accident that was another party’s fault, you may be entitled to personal injury recovery from the negligent party and his or her insurer. You may also seek medical attention for what initially appears to be a minor injury, but symptoms may later appear to indicate that your injuries are more serious than you thought.

Some injuries may require x-rays, surgeries, prescription medication, physical therapy, rehabilitation care, follow-up visits, and other costly medical care that you may not be able to afford without help. Your injuries may also keep you from work and affect your ability to earn a living.

5 Vehicles Damaged In Chase After Theft, WashingtonPost.com, September 1, 2008

Related Web Resource:

Maryland State Bar Association

Continue reading "Three People Injured in Prince George’s County After Police Pursuit Leads to Multi-Vehicle Crash" »

A 21-year-old woman who was raped by her stepfather as a teenager is suing Anne Arundel County for negligence, professional liability, false imprisonment, false arrest, and negligent supervision. She is seeking $1.2 million in personal injury damages for every act of sexual assault by her stepfather that took place between May 14, 2003 through April 23, 2004.

The woman says she first approached County police In 2003 when she was 15. She reported that Rogers was raping her, as well as videotaping and taking pictures of the sexual assault incidents. At around the same time, her step aunt approached the Department of Social Services to report that Rogers had molested her when she was a child. She expressed concern for her niece’s safety.

No one reportedly believed them until the girl’s mother Laura Ann Rogers found one of the videos and killed Rogers. By this time, the girl was seven month’s pregnant with Rogers’s baby.

The plaintiff is accusing the Anne Arundel County Police Department and Maryland’s Department of Social Services of not properly investigating the allegations that she and her aunt made. One police officer, Detective D.B. Long (who is one of the defendants named in the lawsuit and is still on the Anne Arundel County police force), arrested the girl for filing a false police report after Rogers made her recant her story. The authorities closed any investigation against Rogers and he continued to abuse the girl.

In 2004, Laura Ann Rogers pleaded guilty to manslaughter after she shot Rogers in the head with a gun while he was sleeping. She was sentenced to 10 years in prison, a sentence that was suspended except for the 198 days already served.

Apparently, the girl also contacted Bay St. Louis Police Department in 2000 to report that Rogers was molesting her. She says he has been sexually abusing her since she was 5.

Child rape saga now headed to civil court, HometownAnnapolis.com, August 31, 2008

Related Web Resources:

Anne Arundel County

Anne Arundel County Police Department

Maryland Department of Social Services

In Maryland, investigators say that a police officer was speeding when he hit a 12-year-old pedestrian with his car in April in Montgomery County. Their probe found that Montgomery County Police Officer Jason Cokinos was driving more than 25 mph above the speed limit when he hit Luis Jovel with his car. Jovel was crossing the street close to his home in Clarskburg when the Maryland traffic accident happened.

Investigators says that the pedestrian accident would not have occurred if Cokinos, who was riding his cruiser while off duty, wasn't speeding above the 30 mph speed limit. The report quotes the 23-year-old police officer as saying that he thought the speed limit was 40 mph.

Jovel suffered brain damage and is still in rehab. No criminal charges have been filed against Cokinos, who is back at work. He did receive two traffic violations related to the crash.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths and 80,000 pedestrians injured in the United States in 2007.

The WalkingInfo.org Web site says:

• 5 to 9-year-old male pedestrians are at high risk for becoming injured in a pedestrian accident.

• 65% of pedestrian accidents happen at non-intersections, especially those involving young kids that may run out onto the street.

• Pedestrian accidents are more likely to occur during the busy morning and afternoon rush hours.

• Deadly pedestrian crashes are more likely to happen after 5pm.

Report: Speeding Caused Police Cruiser To Hit 12-Year-Old, WJLA.com, August 26, 2008

Officer was speeding when he hit Clarksburg boy, report says, Gazette.net, August 21, 2008

Related Web Resources:

Speeding, SafeRoads.org

Crash Statistics, WalkingInfo.org

Continue reading "Maryland Investigators Say Montgomery County Police Officer Was Speeding When He Hit 12-Year-Old Pedestrian" »

Officials in Maryland have confirmed reports that the car that sideswiped the tractor-trailer that fell off the Chesapeake Bay Bridge on August 10 was driven by a 19-year-old woman that fell asleep at the wheel. The driver, Candy Lynn Baldwin, was also injured in the catastrophic auto crash, which killed truck driver John Short. The Maryland medical examiner’s office cited drowning and multiple injuries as the trucker’s cause of death.

Baldwin has undergone several surgeries since the accident and will likely undergo more. According to NBC4.com, she also faces a wrongful death lawsuit from the accident.

Baldwin’s Chevrolet Camaro struck the large truck after crossing the center line. The impact of the collision caused the 40,000 pound tractor-trailer to crash through the jersey wall and drop into the Chesapeake Bay. The accident happened at around 4am and when traffic moving in both directions were sharing the bridge’s eastbound span.

Meantime, the Maryland Transportation Authority is continuing to investigate the accident. Just last week inspectors were examining the bridge. According to Maryland Transportation Authority chief engineer Geoffrey Kolberg, “We have no doubt about the safety of the bridge, but we will do as thorough a job as possible.”

If you believe that you were injured in a motor vehicle accident because another party was negligent, you should speak with an experienced Baltimore personal injury lawyer right away. There may be more than one party that is liable for your injury accident, and our car crash lawyers can explore all avenues of recovery for you.

If someone you love has died in a truck crash, car collision, motorcycle accident, or bus crash that you believe occurred because someone was reckless, negligent, or careless, a Maryland wrongful death lawyer can speak with you.

Bay Bridge Lane Closes; State Inspection Follows Fatal Crash, BaltimoreSun.com, August 19, 2008

Woman Faces Civil Lawsuit In Fatal Bay Bridge Crash, NBC4.com, August 21, 2008

Related Web Resources:

Bay Bridge, Maryland Transportation Authority

Truck Driver Dies In Bay Bridge Crash, WashingtonPost.com, August 10, 2008

The baby of a New York woman who was struck by a runaway van and pinned under a bus while she was still pregnant with him has died. Sean Michael Justin Sanz passed away in intensive care on August 22 after being born prematurely on August 14.

His mother, New York Traffic Agent Donnette Sanz, underwent an emergency cesarean section procedure to deliver him. She died soon after.

Some 30 people tried to lift the front of the bus off the pregnant traffic agent. She was then rushed to St. Barnabas Hospital. The driver of the van was Walter Walker, a 72-year-old man with an extensive history of traffic offenses. In a statement to the New York Post, Walker said that his brakes wouldn’t work, and he tried to stop his van to avoid hitting Sanz.

Wrongful Death
Family members that have lost loved ones in accidents may be entitled to compensation from the liable party or parties. In Maryland, barring certain exceptions noted by the state’s wrongful death statute, the husband, wife, son, daughter, mother or father of the deceased can file a claim for wrongful death. If the decedent has no primary beneficiaries, secondary beneficiaries may be entitled to claim recovery.

Depending on the specifics of the case, wrongful death damages may include compensation for mental trauma, emotional trauma, loss of companionship, loss of society, loss of comfort, loss of parental care, loss of filial care, and other damages.

Dad loses his miracle: Bus baby's tragic death leaves pa numb with grief, NYDailyNews.com, August 22, 2008

Bystanders Lift Bus Off Pregnant Mom, CBSNews.com, August 15, 2008

Related Web Resource:

Maryland: Wrongful Death and Intestacy Statutes, USDoj.gov

Continue reading "Newborn Baby Delivered Prematurely After Pregnant Mother Was Struck by Runaway Van is Dead " »

Two people that sustained injuries during a 2005 shooting outside the Odenton Volunteer Fire Company banquet hall where a party was taking place are suing Anne Arundel County, the shooter, the party organizer, and the Odenton volunteers for personal injury. The plaintiffs are Erica Williams, who was struck by a motor vehicle as she fled from the scene, and Delvin Eldrige, who sustained a gunshot wound. They are seeking $7 million for their personal injuries.

Williams and Eldrige are accusing party organizer Temika Young of failing to provide sufficient security for party guests on September 10, 2005. Three of Young’s private security guards faced weapon and drug charges following the shooting.

The plaintiffs are accusing shooter Terrance Carlester Medley of recklessness. They also say the volunteer fire company and Anne Arundel County were negligent of premises liability when, according to the complaint, they did not keep the premises safe and “failed to investigate the purpose and extent of said party.” The plaintiffs say the fire department created a further hazard when they shut down the building’s lights following the shooting and tried to block the exits.

Medley, who was convicted of attempted second-degree murder, is serving 18 years in prison. His BAC following the shooting was .28%, which is 3.5 times the legal limit that people are allowed to have when driving in Maryland.

This was not the first altercation at the banquet hall that year. A fight broke out there on March 27, 2005 and a stabbing occurred just 13 days prior. Blank license applications to parties had also been issued.

Williams and Eldrige are asking for $1 million from Young, $4 million from Medley, $1 million from the Odenton Volunteers, and $1 million from Anne Arundel County.

Injured parties that are hurt on another persons property may be entitled to personal injury compensation if they were the victims of a crime that occurred on the premise. This is known as a premises liability case. If you suffered injuries in Maryland or Washington DC that you believe were caused by another party’s negligence, you should speak with a Maryland personal injury law firm immediately.

Lawsuit filed in '05 firehouse shooting, Hometown Annapolis.com, August 19, 2008

Man guilty in Odenton firehouse shooting, HighBeam.com, April 26, 2006

Related Web Resources:

Odenton Volunteer Fire Company

Justia: Premises Liability Overview

An 18-month boy sustained serious injuries on Monday after a pit bull bit him. The dog attack happened at the home of a day care provider in Aberdeen, Maryland.

Demetrious Allen had to undergo surgery at Johns Hopkins Children’s Center to treat deep bite wounds he sustained to his head after the dog tore his scalp. The animal let go of the child after the day care provider called his name. A neighbor applied pressure to the boy’s head while the provider contacted 911.

The day care provider says that she did not see the toddler go out the back door and into the yard. She was in the bathroom when the dog attack begun. Allen, who has been released from the hospital suffered no permanent brain damage. Police say the daycare home will not face criminal charges.

The dog, a male pit bull, belongs to the son of the day care provider. The dog had been penned in a fenced in yard. The day care provider told law enforcement officers that the animal had been with children before and had never attacked anyone.

This latest attack by a pit bull continues to raise concerns about whether the breed is dangerous to humans. In Baltimore, a one-year-old’s face was mauled by the family’s pit bull. Another 7-year-old was hospitalized after being bitten by a pit bull. In Prince George’s County, pit bulls have been banned following several attacks.

Premises Liability
Property owners and managers can be held liable for personal injury if he or she allowed an unsafe condition or hazard to exist on a premise that could have been repaired or eliminated and someone is injured as a result.

In Maryland, our Aberdeen dog bite lawyers represent victims that have been attacked by dogs on other people’s properties. We also represent clients injured in premises liability cases involving inadequate security, slip and fall accidents, products liability, and falling merchandise.

Toddler Released From Hospital After Dog Attack, WJZ.com, August 19, 2008

Boy in day care bitten by pit bull, BaltimoreSun.com, August 18, 2008

Related Web Resources:

Maryland Dog Bite Law, Animallaw.info

Premises Liability Overview, Justia

Continue reading "Pit Bull Attacks 18-Month-Old Maryland Boy at Day Care Home in Aberdeen" »

In Howard County, one person died and five others were hurt in a head-on crash on Thursday in Lisbon. Mt. Airy resident Milton Stanley Bowens Sr., 64, was declared dead at the scene on Frederick Road close to East Daisy Road. Three of the passengers that had been riding in his Ford Explorer with him, 44-year-old Adrienne Jones, and her teenage daughters Corin and Jasmin Disney, were sent to hospitals in serious or critical condition.

According to Howard County police, a speeding BMW crossed a double line a number of times in an attempt to pass other cars before crashing into the SUV. The driver of the BMW was 22-year-old Joel Nathaniel Wareham. Wareham and his passenger were admitted to Maryland Shock Trauma Center and were released on Friday.

Following Wareham’s release, he was arrested at his home. He has been charged with drunk driving and speeding.

If you have been injured in a motor vehicle accident in Maryland or Washington DC, it is important that you speak to an experienced Baltimore personal injury lawyer first before trying to negotiate a settlement agreement with the responsible party’s insurance company. A good Maryland car crash lawyer can work with accident reconstructionists who can investigate the accident scene and determine who and what caused the collision.

Accident Reconstructionists
Accident reconstructionists are experts at taking physical evidence and examining clues from the accident site to reconstruct what happened before, during, and after the accident. Motor vehicle accident reconstructionists can determine who was speeding or whether the crash was caused by poor weather conditions, a defective product, or another factor.

The more evidence that your Maryland motor vehicle lawyer can gather proving the other party’s liability, the greater your chances of recovering the maximum recovery that you are owed.

1 killed, 5 injured in head-on collision in Howard Co., BaltimoreSun.com, August 15, 2008

Man charged in Howard crash, BaltimoreSun.com, August 17, 2008

Related Web Resource:

What is Accident Reconstruction?

Continue reading "Head-On Crash In Howard County, Maryland Leaves One Man Dead and Five Others Injured" »

In Maryland, the family of Cassandra Blake, is suing Cedar Towers Apartment, American Pool Enterprises, Inc., American Pool Management Inc., Doug Kusher Co., and Westminster Management for $100 million for her wrongful death.

The 23-year-old Baltimore County woman died in 2005 after drowning in the Cedar Towers Apartment complex swimming pool. The lawsuit contends that the lifeguards that were on duty at the time of the accident were unqualified and had only one week’s worth of training.

Blake was visiting a friend at the Cedar Towers complex, and she had gone to the pool with her son, her sister, and other kids. A lifeguard and security guard reportedly told her it was okay to use the pool. At some point, Blake, who could not swim, either fell or was pushed into the deep end of the pool where she drowned.

According to the lawsuit, the children called to the lifeguard for help. Because the pool was murky, he had to use goggles to find Blake. He was unable to resuscitate her. The plaintiffs contend that the lifeguard was not qualified to do his job, that more lifeguards should have been provided, and the pool was poorly maintained, causing the murky water and unsafe conditions to result in Blake’s drowning death. The lawsuit accuses American Pool of hiring Jamaicans to train lifeguards for a week and that even the trainees that didn’t pass the tests were issued licenses.

If you or someone you love died in a pool drowning accident in Maryland, an experienced Baltimore personal injury lawyer can determine whether you have grounds to file a wrongful death claim against a negligent party. A pool that is poorly maintained or lacks the proper safety measures is considered a premise liability if someone is injured or killed as a result.

OCHealthinfo.com offers a list of potentially hazard conditions that could render a pool unsafe for use:

• Defective, loose, or missing drain covers.
• Murky water that makes it difficult to see the main drain at the bottom of the pool.
• Inaccurate or missing water depth markers.
• A nonfunctioning or defective recirculation system.
• Human feces or a dead animal in the pool.

Drowned woman's kin file lawsuit, BaltimoreSun.com, August 15, 2008

Pool Safety Issues, OCHealthinfo.com

Related Web Resources:

Health and Safety Tips, American Red Cross

American Red Cross Lifeguarding

In Anne Arundel County, Maryland, a man who sustained serious injuries after he was hit by a cement-mixer truck in 2005 has been awarded $1.95 million. Robert L. Howard, a truck driver for Goodwill Industries, lost 70% use of his left arm and suffered severe post-traumatic stress disorder because of the catastrophic truck accident, which happened while he was working on his disabled motor vehicle on the shoulder of the Baltimore-Washington Parkway. $1.83 million of the jury award for pain and suffering will be capped at $650,000, which was Maryland’s legal limit at the time of the truck crash.

The driver of the cement mixer truck was Richard Anthony Schulman, who left the crash scene. He later said that he did not know he had hit anyone until he read about the accident in the news. Schulman has an extensive criminal record, which includes convictions for theft and drug crimes.

Killed in the accident was Howard’s assistant, Errol Johnson, who was standing outside the truck with him. Schulman and Lafarge Mid-Atlantic reached a settlement agreement with Johnson’s family earlier this year.

Schulman was charged with leaving the scene and he pleaded guilty to one count of negligent driving. No criminal charges related to his truck striking the two men were filed against him.

Trucking Accidents
Truck drivers and trucking companies are upheld to a higher standards of care when driving on US roads. If you or someone you love was seriously injured in a truck collision, you may be entitled to personal injury recovery for your pain and suffering, as well as other damages. Even if the person or company responsible for your crash will not face criminal charges related to your injury accident, you can still hold them liable in civil court.

It is important that you work with a Maryland trucking accident law firm that is familiar with state and Federal Motor Carrier Safety Administration regulations and knows how to negotiate settlements and win lawsuits against trucking companies.

Man struck by a truck awarded $1.95 million, BaltimoreSun.com, July 26, 2008

Jury awards driver struck by cement truck $1.95M, DailyRecord.com, July 24, 2008

Related Web Resource:

Rules and Regulations, FMCSA

Trucking Regulations and Guidelines, Maryland Department of Transportation State Highway Administration

Maryland Personal Injury Law, Peoples-law.org