Maryland Injury Attorney Blog

April 1, 2010

Maryland Workers’ Compensation Liens and Construction Accident Injury: “Can I File a Work Comp Claim AND a Third Party Lawsuit?”

Construction work in Maryland often involves long hours, hard labor, modest wages, and job security that’s entirely dependent on the season, the market, and the employer. As experienced Baltimore, Maryland Construction accident attorneys, we’ve represented many clients over the years who were injured while performing their construction jobs. One question we get asked all the time is…

“Can I file a claim under Maryland Workers’ Compensation and a lawsuit against the at-fault party (or parties) at the same time?”

The answer is YES. However, as with most things legal, there are many factors to consider.

March 10, 2010

Family of Cyclist Killed in Baltimore Truck Accident Files $5 Million Wrongful Death Lawsuit

by Jeff Butschky

The family of a bicyclist killed in a Baltimore, Maryland traffic accident last year is seeking damages against the driver and owner of the truck involved in the fatal accident.

According to The Baltimore Sun, the fatal truck accident took place on August 4, 2009. News reports state that a 67-year-old man, who was riding his bicycle south on Maryland Ave. behind a loaded fuel tanker, became caught in the truck’s wheels as it made a right turn onto Lafayette Ave. The man was run over and died at the traffic accident scene. A wrongful death civil lawsuit on behalf of the deceased man’s family has been filed in Baltimore Circuit Court seeking compensatory damages again the truck driver and the trucking company.

A spokesperson for the Baltimore police had previously stated that their investigation indicated the bicycle rider was at fault. No charges had been filed at that time against the truck driver, who did not stop following the traffic accident.

March 4, 2010

Maryland Brain Injury Association: March is Brain Injury Awareness Month

by Jeff Butschky

The Brain Injury Association of America announces that March is Brain Injury Awareness Month. The group hopes to raise awareness of the seriousness of head injuries and traumatic brain injury (TBI) — particularly in regards to school sports injuries. The group’s website offers resources about head injury, fall and accident prevention, and brain physiology, explaining that the brain can be injured even if the head isn’t struck (such as in a whiplash car accident, where the neck and head are jarred violently).

The Brain Injury Association of America has a Maryland office and plans to hold an educational conference in Towson, Maryland, in April.

As Baltimore County, Maryland injury lawyers know from experience with client families, debilitating and deadly brain injuries can result from a number of scenarios, including car accidents, truck accidents, motorcycle accidents, and pedestrian accidents. The Centers for Disease Control and Prevention (CDC) estimates that an astonishing 1.4 million people suffer a TBI in the U.S. every year, with some 235,000 people requiring hospitalization and 50,000 dying from their traumatic brain injuries. Primary causes:

February 25, 2010

Maryland Doctor Heads Panel to Lower Barriers to Colorectal Cancer Screening and Prevent Cancer Deaths

by Jeff Butschky

A doctor from Johns Hopkins University in Baltimore, Maryland is leading a national panel examining ways to increase screenings and prevent colon and rectal cancer deaths.

Though colorectal cancers are the second-leading cause of cancer deaths in the United States (lung cancer is no. 1), barriers to getting life-saving screening tests remain. The National Cancer Institute (NCI) convened a panel earlier this month chaired by Dr. Donald Steinwachs, a Johns Hopkins University professor and head of the Health Services Research and Development Center.

Dr. Steinwachs is quoted in an NCI press release as saying that some people find tests such as colonoscopy “…to be unpleasant and time-consuming. However, we also know that recommended screening strategies reduce colorectal cancer deaths.” The panel convened earlier in February to discuss ways to eliminate the main barriers to getting screened for colon and rectal cancers — namely health insurance obstacles, having to pay for tests out of pocket, and not having a regular health care provider.

February 11, 2010

Maryland Driving Woes: Toyota and Honda Recalls Cause Anxiety and Anger (on Top of the Blasted Snow)

by Jeff Butschky

It’s been a rough winter for drivers in Baltimore, Maryland and the Mid-Atlantic region. First, we’ve been pummeled with the heaviest snowfall and fiercest winter storms on record. We’ve endured driving bans; public transit shutdowns; airport, school and government office closures; and of course, runs on supermarket staples and shovels. The Baltimore Sun reports we are up to 79 inches of snowfall this winter; that’s on par with the average height of an NBA player (Source: NBA.com 2007-08 Player Survey: Height).

Emergency crews are struggling to clear Maryland highways and streets as Mother Nature keeps dumping more snow on us. The good news, according to state officials, is that Maryland drivers have heeded the warnings and stayed off the roads, resulting in no auto accident fatalities during the latest storms (as of Feb. 10). As if multiple blizzards haven’t caused enough peril and stress on Baltimore County roads and area highways, Maryland drivers are also dealing with large-scale auto safety recalls.

Earlier this year, Toyota recalled millions of vehicles with serious gas pedal problems. Initially, the problem was thought to be caused by floor mats ensnaring the accelerator pedals. (A highly publicized case in California resulted in the motor vehicle deaths of several people, when the driver of a Lexus was unable to slow down the car, which accelerated to speeds in excess of 100 mph before crashing.) Later, Toyota stated a problem may exist in the accelerator itself of certain vehicles; consumers reported the gas pedal was slow to rise when they removed their foot from the pedal.

February 5, 2010

Maryland Governor Aims to Curb Drunk Driving Traffic Accidents and Deaths

by Jeff Butschky

Maryland traffic accident deaths have been on the decline in recent years — down to a five-year low of 591 fatalities in 2008, as compared to 643 deaths in 2004. Deaths due to drunk-driving are also down — 152 deaths in 2008 compared to 211 deaths in 2004. (Source: NHTSA Traffic Safety Facts Maryland 2004-2008.) That’s encouraging news for those of us who get in our cars, trucks, or SUVs every day and venture out on Maryland’s streets and highways. But it’s little consolation if you’re among the people who lost their lives — or the grieving families and friends they left behind.

In an effort to keep the numbers of Maryland drunk driving car accidents and fatalities going down, Maryland Governor Martin O’Malley has ordered a task force to organize and create a new state driving safety initiative. The Maryland Alcohol Safety Action Program (MASAP) hopes to reduce the number of repeat drunk-driving offenders by tracking those dangerous problem drivers “from the point of arrest, through adjudication, completion of treatment and beyond.”

Baltimore, Maryland wrongful death lawyers know the carnage that can result when alcohol-impaired drivers get behind the wheel. Sometimes it seems the only thing that stops chronic repeat drunk-driving offenders is when their recklessness finally takes a life and they’re convicted of vehicular homicide. We’ve all heard those sad, maddening news stories about some innocent person who lost their life because a repeat drunk-driving offender took to the road again under the influence — despite multiple DUI citations.

January 22, 2010

Maryland Highway Traffic Safety Gets a Green Light, But Teen Drivers Need Tougher Regulations to Prevent Auto Accidents

by Jeff Butschky

Washington, D.C.-based nonprofit Advocates for Highway and Auto Safety reports that Maryland is among a handful of states that get good or “green” marks for highway safety. However the group believes that Maryland teen traffic accidents could be prevented with tougher state laws restricting teenage drivers.

Maryland has a Graduated Driver Licensing (GDL) program for teens and has adopted an all-driver ban on texting while driving (see blog entry on Maryland texting and driving ban).

Still The Washington Post reported that Md. “failed to make the grade in five areas, four of them restrictions on teen drivers and the fifth a requirement for use of interlock devices by all offenders.” An interlock device is a handheld breath testing unit used to monitor whether drivers who have been charged with drunk driving — a main cause of fatal highway accidents in Maryland and around the country — are in fact under the influence when they attempt to start their vehicles. The device disables the car’s ignition if the driver does not exhale a sober breath sample.

January 18, 2010

Construction Worker & Garbage Collector Among 10 Worst Jobs for 2010 (And Maryland — Stevedores / Dock Workers Made the List, Too)

by Jeff Butschky

A career site’s list of the best and worst jobs for 2010 reveals something Baltimore County work accident attorneys have known right along: The physically most demanding jobs are also the most dangerous and can lead to serious personal injury, lifelong medical problems, and even death.

Recognizing the risk to life and limb when construction accidents occur, job search site CareerCast.com ranked construction as the no. 8 worst job to pursue this year. The no. 1 worst job was “roustabout,” which includes oil rig and pipeline workers, followed by lumber jack and iron worker. The site considered the following factors while conducting research to rank the jobs: Environment, Income, Outlook, Stress and Physical Demands.

Construction Worker made the list due to the physical demands, higher rates of injury, and low median income, though the hiring outlook is “moderate.” And Maryland, while our stevedores (dock workers) weren’t in the bottom 10 jobs, they weren’t far behind — stevedores ranked 185 out of 200 jobs analyzed, with a hiring outlook of “poor” (besides the challenging work conditions if you can get a job as a dock worker on the Baltimore and Maryland waterfront).

January 6, 2010

More States Follow Maryland Ban on Texting While Driving

by Jeff Butschky

Lawmakers and public safety advocates hope 2010 will be a safer year on our nation’s roads and highways, with more states adopting laws like the one in Maryland that prohibits texting while driving. For anyone who hasn’t jumped on board the wireless communications bullet train — texting is typing and sending “text messages” using a cell phone, Blackberry, or other hand-held device.

The National Highway Traffic Safety Administration (NHTSA) reports that despite advances in wireless communications, “Greater sophistication in these technologies may present greater physical and cognitive challenges for drivers than traditional information sources.” Texting while driving is considered by many states including Maryland to be a form of “distracted driving” that can lead to serious and fatal traffic accidents.

Maryland Ban on Text Messaging While Driving

December 21, 2009

New Year’s Eve and Other Holiday Drunk Driving Car Accidents in Maryland

by Jeff Butschky

With the holiday season in full swing, everyone is scrambling. There’s last-minute shopping, preparing for holiday parties and feasts, wrapping up year-end projects at work — and increased travel by air, rail, and road. Unfortunately, drunk driving car accidents are also part of the holiday picture in Maryland and around the country.

U.S. Transportation Secretary Ray LaHood announced that state law enforcement across the country will be cracking down on drunk drivers this holiday season, with the “Over the Limit, Under Arrest” campaign. People who overindulge in alcohol at family gatherings, work parties, New Year’s Eve celebrations, and other holiday get-togethers pose a risk of serious personal injury (including debilitating brain or spine injury) or death to themselves and others. Nationally, 13,470 people were killed in 2006 in alcohol-related traffic accidents.

Maryland Drunk Driving Statistics and Holiday Traffic Accidents