Maryland Injury Attorney Blog

January 12, 2009

Maryland, Delaware, and Washington DC Listed in Nissan Recall of Truck Airbag Sensors

Maryland and other Mid-Atlantic drivers who own a Nissan Frontier, Pathfinder, or Xterra, model years 2005 through 2009, should drive carefully to their nearest dealership. Your driver and passenger airbags might not deploy if you’re in a truck accident with your Nissan.

The National Highway Transportation Safety Administration (NHTSA), Office of Defects Investigation, reported that Nissan North America is recalling nearly a quarter of a million Nissan Frontiers, Pathfinders, and Xterras due to a faulty air bag sensor. Vehicles affected were sold or registered in 20 cold weather states — including Maryland, Delaware, the District of Columbia, and West Virginia.

According to the NHTSA website, a problem could occur if rock salt used to treat slippery roads, along with snow and water, gets into the Nissans’ front crash zone sensor housing. This could cause rusting and signal interruption — which could result in the airbags not opening in a motor vehicle accident. Air bag failure in the event of a crash could lead to personal injury or death.

December 10, 2008

Accused Maryland Driver Walks in Fatal Motorcycle Accident Case: Court Scheduling Error Blamed

by Jeff Butschky

Charges against a Port Republic, Maryland driver blamed in a fatal motorcycle crash were dropped Nov. 5, because the State Trooper who made the traffic violation charges against her was not present at the trial due to a court scheduling error.

In Calvert County District Court, Sarah E. Brown, 50, faced charges of negligent driving, failure to yield right of way, and failure to secure a child under 8 in a safety seat in a collision on Aug. 1 that killed motorcycle rider Larry G. Hogan II, 43.

Also a resident of Port Republic, Maryland, Hogan worked for Southern Maryland Electric Cooperative for over two decades. He volunteered for the Dunkirk and St. Leonard fire departments and he enjoyed bowling. He was also a motorcycle enthusiast. Hogan was riding his motorcycle when motorist Sarah E. Brown turned her vehicle left onto Broomes Island Road and failed to yield to the motorcyclist. Hogan’s bike hit the rear of her vehicle and he suffered fatal injuries.

December 3, 2008

Hagerstown Maryland Motorcycle Accident Death: Pickup Truck Driver Gets 10 Years for Vehicle Manslaughter

by Jeff Butschky

A Washington County Circuit judge has sentenced a Smithsburg, Maryland man under an Alford plea to 10 years in prison for manslaughter by vehicle, resulting from a fatal motorcycle crash that occurred in Hagerstown on May 25, 2008.

Debra Reed Fields-Jordan of Boonsboro, Maryland was riding her motorcycle east on Md. 77, cruising down the road to a hamburger stand in Thurmont, Maryland. Tragically, this 35-year-old wife and mother of five children never made it to her destination.

A pickup truck heading south on Pleasant Valley Road driven by Harry William “Billy” Shrader Jr. ran a stop sign at the intersection with Md. 77. Fields-Jordan, who had the right of way, crashed her motorcycle into the pickup truck on the passenger side. The truck went into a tree and the driver fled the scene. Shrader — who had a list of previous convictions including two DUIs, driving impaired, and possession of drugs — was arrested a short time later. He had been using hallucinogens at the time of the truck motorcycle accident and said he couldn’t remember what happened.

November 21, 2008

Baltimore Jury Awards Woman $250,000 for Baltimore Beltway Construction Site Pedestrian Accident

by Jeff Butschky

A Baltimore County Circuit Court jury awarded a seriously injured woman $250,000 in damages after she was struck by a car while attempting to cross a Baltimore Beltway construction site on foot. The Maryland car accident that resulted in pedestrian Sandra Lee Meade being hit and seriously injured occurred at a construction site near the Baltimore Beltway on Dec. 3, 2003. Meade had parked her car on the southbound side of Westland Boulevard at Circle Drive in Baltimore, Maryland before planning to catch a bus to her job at the IRS. She was hit by a car while illegally crossing the street at a construction zone operated by Pennsylvania based general contractors Dick Corp.

The area where the pedestrian car accident occurred was under construction to widen the outer loop of the Baltimore Beltway, Route 695. Meade was crossing the intersection diagonally to catch a northbound bus when a car traveling south on Westland Boulevard struck her. The Maryland woman sustained lifelong brain and spinal cord injuries, and has been living in a nursing home since this terrible pedestrian car accident occurred. The driver was not named in the lawsuit, as the plaintiff’s family felt he was also a victim.

Ms. Meade’s attorney argued at trial that the general contractor failed to keep the area safe for pedestrians, citing poorly placed barriers and confusing line painting. The jury concluded, however, that because the Plaintiff was crossing the street illegally, they could not hold the Dick Corp. liable for any of her injuries.

November 12, 2008

Maryland Recycling Truck Accident: Worker Dies While Collecting Paper

by Jeff Butschky

Police in Montgomery County, Maryland are investigating a recycling truck accident that resulted in the horrible death of a Rockville man. The fatal work accident occurred in the Aspen Hill, Maryland area on Nov. 12, 2008 during a morning recycling truck run.

Juan Antonio Rosales-Lopez, 26, of Rockville, Maryland, was working for the Potomac Disposal Company collecting paper for a recycling truck compactor. According to the truck driver, this terrible work accident occurred when Rosales-Lopez reached into the truck to clear the chute and was accidentally pulled into the compacting machinery. The driver says he tried to free Rosales-Lopez but was unsuccessful.

In addition to the Montgomery County Police investigation, officials from the Maryland Occupational Safety and Health Act were called in to determine potential liability in this fatal work-related truck accident.

December 13, 2007

State of Maryland Pays $1.5M in Foster Care Abuse Suit

by Jeff Butschky

In what is most likely the largest individual settlement of its kind, the State of Maryland agreed this week to settle the suit of a 6 year old child abused while in foster care. Presently, the severely brain-damaged boy, Brandon, is confined to a hospital bed in his Southwest Baltimore home, where he requires daily dialysis and tube feeding. In July of 2004, young Brandon sustained his horrific injuries when a teen age girl in his foster home with a history of violence allegedly slammed his head into a set of concrete steps. Amazingly, the Department of Social Services had removed another child from the same foster home in 2003 due to abuse by the same teenager, but for reasons unknown the home was re certified later that year. Brandon was placed in foster care in May of 2004 after his mother suffered a sickle-cell anemia episode, while she was in the Maryland Witness Protection Program. Prior to sustaining his brain injuries, Brandon also had his arm broken, a fact also missed by DSS.
This settlement is long overdue, and clearly highlights the ongoing problems with Maryland Social Services. It is unfortunate that preventable tragedies like this are allowed to occur. It is even more sad that the State of Maryland has to be forced to acknowledge the extent of the problem through litigation. Kudos to Brandon’s legal team for this groundbreaking settlement.

November 15, 2007

Maryland State Police Trooper Not Charged In High Speed Pedestrian Collision

by Jeff Butschky

A Frederick County, Maryland prosecutor has indicated that charges will not be filed against Trooper Dale Derr in the November, 2006 death of pedestrian Randy Rakes. This despite an internal State Police investigation, concluding that Trooper Derr, 23, was driving 83 miles per hour on the shoulder of the road before he hit the 38-year-old Rakes, who died at the scene.

Rakes’ family has filed a $15.8 million civil lawsuit against both Trooper Derr and the Maryland State Police. In a final attempt to spur a more detailed and thorough investigation, attorney David Ellin of Baltimore City, has sent a letter directly to the offices of Maryland Governor Martin O’Malley, asking him to intervene in the case. Ellin noted that the statute of limitations for civil charges is about to expire because the accident happened nearly a year ago.

The accident occurred near Rakes’ Finksburg, Maryland home, but the case was turned over to Frederick County, Maryland prosecutors due to the policy of the Carroll County State’s Attorney’s Office not to handle cases involving Carroll County law enforcement officers.

October 20, 2007

Anne Arundel County, Maryland State’s Attorney Says No Charges Planned In May, 2007 Fatal Chesapeake Bay Bridge Accident

by Jeff Butschky

Vehicle Trailer Was Not Properly Secured, But Authorities Say No Current Maryland Laws Exist To Charge Responsible Driver

The Baltimore Sun reports that the driver of a Lincoln Navigator, who failed to properly secure his trailer will not be criminally charged, despite a clear finding of responsibility for the deadly multi-car collision on the Chesapeake Bay Bridge this May. According to a lengthy police investigation, the driver of the Navigator, Stephen A. Burt of Rockville, Maryland was responsible for the deadly collision, however, prosecutors have decided that they have no grounds for charging him with any traffic offenses. Investigators determined that Burt had failed to use a safety hitch pin to secure the single-axle trailer to his vehicle. Without the pin to hold the trailer latch securely, the trailer came loose as it bounced on the westbound span of the bridge, according to the report.

Investigators concluded also that the chains used to pull the trailer were too long, allowing the front of the trailer to hit the ground, after it came unsecured.

Notwithstanding these findings, the Anne Arundel County state’s attorney’s office concluded that “no current regulations exist” that would justify charges in the case.

October 11, 2007

Welcome To The Maryland Injury Attorney Blog!

by Jeff Butschky

546518_baltimore_city_3 Greetings from Maryland, and welcome to our Maryland Injury Attorney Blog! My name is Jeff Butschky, and I will be your host and (hopefully) your source of practical help and information from within the Maryland Legal Community.

Perhaps nothing affects an individual or family more than a sudden accident or injury — whether due to a motor vehicle accident, a work-related accident, or some other unforeseen incident. When we are hurt, we understand that there will be hospitals and doctors, pain, stress and inconvenience. What isn’t often appreciated is the fact that the injured person must also now deal with (gulp) lawyers and (even worse) the insurance industry. Like visiting the dentist, filing taxes or other mild forms of torture, no one wants to do this, and I don’t blame you.

This blog will untangle and demystify the frustrating and complicated world of injury claims. As a practicing attorney in Baltimore County, Maryland, for more than 20 years, I’m going to do my best to make this as easy as I can. So let’s get started!