Maryland Injury Attorney Blog

January 15, 2014

New Maryland Traffic Safety Laws Target Cell Phone and Seat Belt Use

Last fall, Maryland lawmakers added teeth to two key state traffic laws — those governing the use of cell phones and seat belts. Baltimore County car accident lawyers are familiar with Maryland traffic safety laws, which are often broken during the course of a motor vehicle crash. Let’s take a look at changes to our Maryland state cell phone and seat belt laws.

Most likely you’ve witnessed a scene like this: Another driver speeds past you on the Baltimore Beltway with a cell phone in one hand — talking a mile a minute — seemingly oblivious to the traffic around them. If you’ve witnessed this scene recently on any Maryland roadway, it’s now a primary traffic offense.

As of October 1, 2013, Maryland’s Cell Phone Use Ban (TR 21–1124.2) now treats hand-held cell phone use while driving as a primary offense. (It used to be a secondary offense, meaning police would need to stop the driver for another traffic violation to cite the hand-held cellphone use). Now, Maryland police officers may pull a driver over if they observe them talking on a hand-held cell phone, with no other traffic violation taking place. The ticket for a first offense is $83, with fines increasing for subsequent violations.

December 31, 2013

Maryland Construction Worker Safety : OSHA Cites “Fatal Four” Types of Accidents

by Jeff Butschky

The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) released statistics for work-related accidents for 2013 – 2013. As experienced Baltimore County, Maryland construction accident lawyers, we’re well aware of the increased risks that come with certain occupations. OSHA’s list of the “Fatal Four” types of U.S. construction accidents reflect the types of workplace injury and fatality cases our law firm has handled.

OSHA reports that for calendar year 2012 — 3,945 worker fatalities occurred in private industry. Of those, 775 worker deaths (close to 20 percent of the total) were in the construction industry. OSHA identified these “Fatal Four” types of construction accidents accounting for the greatest number of worker deaths:

Falls (36%)

November 15, 2013

More Drivers Admit to Web Surfing While Behind the Wheel

by Jeff Butschky

As if texting while driving (illegal in Maryland) weren’t dangerous enough, more drivers admit to using the Internet while behind the wheel. We see the tragic results of distracted driving when car accident victims come to our Baltimore personal injury law firm for help. We have never heard one good reason for anyone being on a cell phone while driving that was important enough to warrant taking one’s hands off the wheel and eyes off the road.

State Farm reports that “webbing while driving” is on the rise, with 24 percent of US drivers surveyed admitting to the practice. This refers to drivers using their smart phones to surf the Internet — when their eyes should be on the road. The top reasons drivers go online while driving are to (1) find directions, (2) read email, (3) obtain information “of immediate interest,” (4) engage on social networking sites such as Facebook and Twitter, and (5) compose / send email.

Distracted driving has become an increasing threat on our Maryland roadways and around the country, leading to serious and deadly motor vehicle crashes. Public safety advocates now believe distracted driving can be as deadly as drunk driving. The CDC estimates more than 16 people are killed and 1,300 people are injured in crashes involving distracted driving every day.

November 5, 2013

Older Driver Car Crashes a Concern in Baltimore, Maryland and Across the U.S.

by Jeff Butschky

It’s one of the toughest topics to broach with an aging parent or relative: When is it time to hand over the keys and give up the car? Some of the saddest cases we deal with here as experienced Baltimore County accident injury lawyers involve senior citizens who should not have been behind the wheel. In the blink of an eye, they make a mistake that causes a serious or fatal motor vehicle crash. Those cases are tragic for everyone involved, including the elderly person driving.

As the Baby Boomer population ages, traffic safety advocates here in Maryland and at the national level are taking a harder look at preventing accidents among drivers aged 65 and older.

A recent National Highway Traffic Safety Administration (NHTSA) report notes that traffic crash statistics, broken down by driver age, resemble a U. Teenage drivers comprise the group that causes the most car accidents, then crash statistics level out across adulthood. However, accident statistics begin to rise dramatically again for drivers ages 70 and up. NHTSA reports that…

October 30, 2013

Risks for Child Pedestrian Accidents Rise on Halloween

by Jeff Butschky

Child safety advocates report that the scariest thing about Halloween isn’t the elaborate costumes or the copious amounts of candy consumed: it’s the increased risk for traffic accidents involving young pedestrians.

Here in Maryland and around the country, kids of all ages look forward to trick or treating as an annual childhood ritual. What’s more fun than putting on a costume, and going door to door with family and friends asking neighbors for candy? However, Halloween creates a perfect storm of circumstances increasing the risk for serious and fatal pedestrian accidents. These risk factors include…

Children, often clad in dark costumes, traveling on foot, darting in and out of the streets

September 25, 2013

Maryland Drivers Won’t Catch a Break if Third Brake Light Is Out, High Court Rules

by Jeff Butschky

“I didn’t see her brake lights.” “I didn’t think I was going that fast.” “I thought I could make it through the intersection in time.” Baltimore County car accident injury lawyers like us have heard all the possible reasons (and then some) for why Maryland drivers get in traffic accidents — and why they think they aren’t at fault in any way.

As we blogged about in July, Maryland is not a victim-friendly state if you’re in a serious motor vehicle accident with injury, and you’re even a fraction to blame. The Maryland Contributory Negligence Law, which was recently upheld in the high court, can make it difficult in many traffic accident injury cases for victims to collect compensation or damages — unless they have an experienced accident injury attorney to advocate for them. (See link to related blog article below.)

Now the Maryland Court of Special Appeals has given police one more good reason to pull over Maryland drivers. On Sept. 10, the Court ruled that driving with a broken third brake light is inherently unsafe — and sufficient grounds for law enforcement to pull the vehicle over.

August 31, 2013

Distracted Pedestrian Accidents on the Rise Due to Texting While Walking

by Jeff Butschky

Another summer in Maryland draws to a close, way too soon. This means streets in Baltimore and other Md. cities and towns are filling up with kids and teens heading back to school. What’s different about today’s youth compared to when we grew up is most have a cell phone in their hands. Texting friends is a way of staying constantly connected. It’s also a way for parents to keep tabs on their tech-savvy children.

Unfortunately, there’s a serious downside to texting. The well-documented hazards of texting while driving have prompted many states, including Maryland, to make the practice illegal. (FYI: Maryland lawmakers closed a legal loophole in Oct. 2011 that allowed drivers to text at stoplights.) It’s easy to see how texting while driving can lead to serious and fatal motor vehicle crashes. Taking one’s eyes off the road for a few seconds to read and send text messages is more than enough time for a serious auto accident to occur.

Now texting while walking is getting more media attention, as pedestrian accident injuries and deaths are up nationwide. Too many people are walking around with their heads down, paying more attention to their cell phones than the traffic racing around them.

August 15, 2013

Maryland Highway Hazard: Unsecured Loads Cause Serious and Fatal Traffic Accidents, GOA Reports

by Jeff Butschky

A few years ago, we wrote about how the fall migration of students back to Maryland colleges brings with it a certain, hard-to-miss road hazard — unsecured loads. This year will likely be no different.

We’ll see them careening down Maryland interstates and highways: Mattresses strapped precariously to car roofs, their edges flapping in the breeze. Pickup trucks stacked willy-nilly with sofas, chairs, and other furniture, just a rope snap away from potential disaster. Suitcases, boxes, and other cargo that didn’t stay put litter the Maryland roadsides.

Such amateur efforts at loading cargo make us slap our foreheads and shake our heads in disbelief. But it’s no laughing matter when unsecured cargo comes loose and becomes a dangerous projectile and obstacle on Maryland highways. Baltimore County auto accident lawyers like us see the results of bad driving and risk taking on Maryland roadways. Poor decisions can lead to bad accidents.

August 7, 2013

Maryland Medical Malpractice : Complications from Procedures Performed in Doctors’ Offices May Be Underreported

by Jeff Butschky

Many Maryland medical malpractice lawsuits stem from cases of medical error, surgical error, or medical negligence that occur in a hospital or ambulatory surgery setting.

But now a news report suggests that complications resulting from medical procedures performed in doctors’ offices may in fact occur more frequently than is reported. An estimated 83,000 procedures are performed in U.S. doctor’s offices every year. A news report out of Boston states that “the number of complications that occur secondary to these procedures is unknown.”

The report states that in a recent study, 886 patients who underwent procedures to treat their basal or squamous cell cancers were asked if they experienced any type of problem. Twenty-seven percent of patients surveyed reported they did have a problem during or after the treatment, with 14 percent reporting medical problems such as bleeding, infection, pain, swelling, poor wound healing, or allergic reactions to the bandage or antibiotics. However complications were noted by doctors in only 3 percent of the patients’ charts.

July 11, 2013

Maryland Personal Injury Law : Court Upholds Contributory Negligence Law in Soccer Player Accident Case

by Jeff Butschky

Last fall, we reported on a Maryland case involving a seriously injured soccer coach — a case that called into question the state’s contributory negligence law. As Baltimore, Maryland Personal Injury lawyers, we’re very familiar with the nuances of this law and how it can affect our clients’ cases.

The gist of the law is this: If you are injured or killed in an accident in Maryland — and you’re found to be even 1 percent at fault — your insurance claim may be denied and you may lose your accident injury case in court. That means you will not collect any compensation. (The Maryland Contributory Negligence Law applies to nearly all types of accidental injury and death cases, including motor vehicle crashes.)

Now, the Maryland High Court has upheld the contributory negligence law as it relates to the story of the injured soccer coach, first reported late last year. According to newspaper reports, Kyle Coleman, age 20, a part-time soccer coach, sustained serious head and facial injuries when a bar from a collapsed soccer goal fell on him. Coleman sued the Soccer Association of Columbia, Md., which was running the practice when he was injured.