Metro DC Personal Injury Lawyer

Woman Killed in Motor Vehicle Collision by Driver Fleeing Police

David Tompkins — Thu, 14 Feb 2008 18:51:37 GMT

Police Chase, Montgomery County, Maryland, Death of Mother, Automobile Collision.

Yesterday, a 32 year old mother of two was killed by a 19 year old man fleeing police. The collision occurred in Montgomery County, Maryland on Maryland Route 355 at Goshen Road. Police indicate that they pulled over the driver of the negligent vehicle for not having its headlights on at night. The vehicle then sped off, without headlights, running red lights, and ultimatly killing a woman and devestating her family.

This type of police chase seems so unnecessary. A normal traffic stop of a young, teenage driver, who's tags, vehicle and description have all been recorded by police, ends in the death of an innocent mother. Now, there are two children without a mother and a husband without a wife raising two children. For what? Another traffic ticket? Did police really need to chase that vehicle?

This type of police chase should not happen. Innocent motorists should not pay with their lives because the police can't stand to give up a ticket or an afront to their authority.

Originally posted at InjuryBoard by David Tompkins

Intersections in Maryland Can Be Dangerous

David Tompkins — Mon, 14 Jan 2008 19:09:22 GMT

NBC reported that another pedestrian has been killed in Prince George's County. On January 12, 2008, Rosario Gonzales was killed at the notoriously dangerous intersection of New Hampshire Avenue and University Boulevard.

The sad part of this story is that the person that struck and killed Mr. Gonzalez did not have the human decency to stop. The person who hit Mr. Gonzalez fled the scene, and police are looking for him now.

Our roads have been designed for automobile traffic only. Our roads were not designed to help pedestrians, nor where they designed to help bicyclists get where they need to go. When you need to cross the street, you have to be extra careful, because the road designs and intersection designs are working against you.

Serious personal injuries are routine in pedestrian and bicycle accidents. Unfortunately, Maryland follows the principle of contributory negligence, where if you are partly at fault, you cannot recover any damages from another person.

Insurance companies routinely mislead their insureds about what insurance is available, and always threaten to "raise your rates" if you use your insurance. When you hear something that just does not sound right, it is probably time to call a lawyer.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

SUV Rollovers: A Persistent Crucial Problem

David Tompkins — Sun, 13 Jan 2008 16:35:40 GMT

Steps to take when you are involved in an SUV Rollover:

1. Take pictures of the SUV and all vehicles involved in the collision.

2. Take pictures of location where the accident took place. These pictures should show the layout of the road and include any scrapes on the road, tire marks or skid marks.

3. Keep the SUV even if it is totaled.

4. Take the names, addresses and phone numbers of any witnesses at the accident scene.

People believe that the bigger their vehicle, the safer they are. That perception has propelled the SUV industry into one of the fastest growing car markets in the United States. Unfortunately, that perception is not correct. SUV's, have a disturbing tendency to roll over which results in more serious accidents. Just about every make and model of SUV's have this problem.

The government requires SUVs to display a warning label telling drivers that the vehicle may rollover when they make a sharp turn which is exactly the type of a maneuver a driver may take in order to avoid an accident. According to the National Highway Safety Administration, SUVs roll over more than twice the rate of other vehicles. Warning drivers that their vehicle may rollover if they make a sharp turn is not enough, the basic flawed design needs to be changed.

What causes SUVS to flip and rollover? SUVs have a higher center of gravity because they are taller, have higher ground clearance and a narrower distance between their wheels. This higher center of gravity makes it easier for SUVs to tip over. In fact, the heavier the vehicle, which SUVs tend to be, the more likely the vehicle will tip over. A roll over bar provides some protection in the event of a roller yet many SUV manufacturers have taken them out of the SUVs since they are predominantly driven by families.

Don't be fooled by ratings given to SUV. The tests provided by the manufacturers were conducted by professional drivers with lightly loaded SUVs which have little to do with how an ordinary driver with a car full of kids would react in the same situation. Even an SUV with a five-star crash rating still has a 10% chance of rolling over in a single-vehicle crash. When drivers of SUVs lose control their vehicles, their vehicles tend to flip over more often than passenger cars; their passengers can be ejected which likely results in death. More than half (53%) of passenger deaths in SUVs occurred in rollover accidents.

Litigating SUV roller cases can be complex and involves knowledge of not only state laws governing negligence but also federal safety regulations and laws of corporate liability and products liability. If you or someone you love has been involved in an SUV rollover accident, please click the link on the right hand side of the page.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

Allstate Tells Missouri Courts to "Kiss-Off"

David Tompkins — Wed, 19 Dec 2007 21:22:08 GMT

Allstate Insurance Company was ordered by a Missouri trial court to produce documents related to its "McKinsey Study" program, and Allstates relatively new claims handling program.

Allstate, refusing to make public just how shady its claims handling processes are for automobile accident victims, has accepted as a business proposition a $25,000.00 per day sanction from Judge Michael Manners.

While I am a licensed Missouri attorney, graduate of Mizzou Law in 1996, I have never had the pleasure of practicing before Judge Manners. However, I believe the Court is in for a rude awakening when dealing the Allstate. The level of abuse and arrogance Allstate is willing to shell out to victims of automobile negligence is legendary.

In the middle to late 1990s, Allstate figured out a few things about how they handled automobile collision claims. Foremost, they figured out that lawyers representing automobile accident victims were used to "easy settlements." They also figured out that lawyers made claims settle for two to three times higher than claims where a victim handled a claim without an attorney

In an effort to "change the game," Allstate developed a program designed to specifically to reduce the rates at which victims retain an attorney. The program was comprehensive, ranging from quick, low offers to those who were in desperate need of money, lawyer-bashing (all too obvious and easy), and a program to make lawyer's lives miserable by shifting costs and delays to the victims burden.

Some people argue that, when you are suing another person, in an adversarial system like the US legal system, this is ok. And to a point, I would agree. Allstate takes the program WAY beyond that point.

Besides, Allstate does not limit its practices to third-party claims. If you are an Allstate insured and you have to make a claim on your own policy, you are up against the same onerous process. Yes, your own insurance carrier, to whom you have paid premiums diligently for years and years, will put you through the ringer in an effort to get you to abandon your claim, or take less to make the onerous process stop.

In the case I just read about in Jackson County, rather than comply with the Court's order, Allstate has accepted as a business expense a $25,000.00 per day fine. The arrogance of this is astounding.

Remember, if you have a car accident where you were injured, pray that Allstate is not the company you have to deal with. If it is, get yourself a lawyer right away! You're going to need one!

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

Teens and Driving: Parents Need to Protect Their Kids

David Tompkins — Mon, 26 Nov 2007 20:41:42 GMT

Some of the most tragic cases that I see involve young people. On November 12, 2007 another teenager died in a single car accident. This brings the total teen death rate for suburban Montgomery County to seven in a single week!

We strongly encourage parents to take a leadership role with their children. What our experience has shown, and what all emperical data we have seen supports, is that the single leading contributors to teen deaths are:
1. Alcohol
2. More than one non-family passenger in a vehicle
3. Driving after 9:00 pm (we believe basically after dark)
4. Bad weather
5. Vehicle engines with greater than a 4-cylinder engine.

One or more of these factors are involved in EVERY SINGLE death case we have handled for a dead teenager's grieving parents.

There is some talk of restricting teen driving privileges. I am not sure that this is the solution, as practically speaking, teens need to drive to work, school activities and so on. However, parents can take an active role in protecting their children. Do not let you child drive other teens in their car. Do not buy you child a car with a large engine. Put and enforce a curfew on you child and enforce it with driving privileges. NEVER LET YOUR CHILD CONSUME ALCOHOL EVER. Restrict drivng during inclement weather, especially after dark.

We feel for all families that lose a child. We hope we never see another grieving parent in our office. We encourage everyone to take these basic steps to help keep their learning drivers safe.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Tompkins

Another "Made in China" Toy Recall

David Tompkins — Wed, 07 Nov 2007 23:46:53 GMT

File this one under ,"No longer surprising." The U.S. Consumer Product Safety Commission announced the recall of AQUA DOTS. News of the recall has been widely reported, like at Reuters.

I wish I was surprised by this, but after the last few months, I can't be. What makes me so mad is that MY kids got these stupid bead toys!

When these first got to the house, I KNEW these were trouble. At first, the beads were a mild choking hazard (small, sticky) but that was the extent of it. I should have trusted my parental instincts. I should have KNOWN that the MADE IN CHINA label was trouble. I just thought, "Hey, the kids like the toy." Boy was I wrong! This isn't just about a little lead paint that will make a generation of our kids stupid, this chemical laced plastic candy looking thing will KILL your kid. Wow. Ponder that one!

DON'T BUY CHINEESE MADE TOYS AT ALL!

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by David Tompkins

Trasylol Marketing Suspended

David Tompkins — Mon, 05 Nov 2007 12:15:30 GMT

From the U.S. Food and Drug Administration: "The U.S. Food and Drug Administration (FDA) today announced that, at the agency's request, Bayer Pharmaceuticals Corp. has agreed to a marketing suspension of Trasylol, a drug used to control bleeding during heart surgery, pending detailed review of preliminary results from a Canadian study that suggested an increased risk for death."

It would seem that that Bayer has put this drug on the market thinking only about its profit margin. There are currently two other medications to deal with bleeding issues during heart surgery, neither of which have such significant risk of DEATH. It is almost as though Bayer thought that cardiac surgery was not risky enough, the drug company thought it needed to add a little "spice" to serious heart surgery.

In my mind, it seems like Bayer, not having any heart, simply needs to make money by competing in the "drug marketplace" with an inferior product but with much better marketing. You sell more drugs if you give cardiac surgeons a nice new putter! Put Trasylol on the putter head so they see that brand every time the need to make birdie!

I would note that the FDA's initial response in 2006 (a year ago??) was not to question the drug, order a more in-depth study, or pull the drug. The FDA asked for a "stronger warning." Give me a break! People with heart conditions needing coronary bypass surgery are NOT SHOPPERS or CONSUMERS! The are not comparing drugs to limit bleeding or clotting during thoracic surgery. They are sick, feeble, and vulnerable people. Warning labels don't protect them.

Government oversight and ethical pharmacutical industry practices would protect us. That is not what happens. They have to kill or injure people and take the litigation lottery to see if they can escape any liability. Then they blame so-called greedy victims (or grieving family members) or their counsel for their dastardly conduct.

Originally posted at InjuryBoard by David Tompkins

Halloween Ugly Teeth Recalled for Lead

Shannon Weidemann — Wed, 31 Oct 2007 23:47:33 GMT

A set of novelty teeth meant to be worn in the mouth as a Halloween costume accessory has been recalled due to its lead content. The recalled Ugly Teeth has a lead content of 6 to 7 percent which far exceeds the US safety standard. Lead exposure is worse when taken into the mouth.

"Lead paint is a problem when it's ingested by a child, so to have lead on an item that is designed to go into the mouth -- that's what's particularly horrifying about these teeth," said Dr Jeffrey Weidenhamer of Ashland University in Ohio, the team leader.
"We analysed the paint on the surface of the teeth. The orange teeth were the worst in terms of having six to seven percent lead by weight in the paint," Weidenhamer said.

If you purchased the teeth it is advised that you do not use them. They were sold by Factory Card and Party Outlet in the United States.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Case Filed Against Cruise Line

Shannon Weidemann — Wed, 31 Oct 2007 23:16:41 GMT

Carnival Cruise Line has been sued for wrongful death after a man became ill from Norovirus and died while on a trans-atlantic cruise. The 76-year-old man was one of hundreds that became ill on the 16-day voyage. The lawsuit alleges he became ill from eating contaminated food. The ship's doctor was also listed in the lawsuit.

Norovirus is a highly contagious illness that causes vomiting and diarrhea and is second only to the common cold in its prevalence. The bug, which typically lasts one to three days, is unusually hardy and can spread through feces and vomiting, food contamination and by contact with surfaces such as doorknobs and railings.
It is rare for Norovirus to result in death, although cases have been noted among the frail and elderly.

The cruise line commented that the man died from a pre-existing condition and they were not responsible for his illness and death. The man was sailing on the Carnival Liberty from Italy in November of 2006. The cruise line is based in Miami.

Originally posted at InjuryBoard by Shannon Weidemann

California May Target Uninsured Motorists

Shannon Weidemann — Wed, 31 Oct 2007 22:58:49 GMT

Driving while uninsured in California may become a thing of the past if the Insurance Commissioner has his way. He is trying to place an intiative on the November 2008 ballot to get uninsured motorists off the road. It may work by revoking license plates on cars or allowing police officers greater power in dealing with the uninsured.

Advocates of the low-cost program and the possible initiative contend that it's unfair that law-abiding motorists end up paying higher premiums because of damage done by uninsured drivers. Opponents counter that the measure would disproportionately affect poor people and make it even harder for them to get and keep jobs.
Even the relatively modest cost of the state's low-cost auto policies could prove too much for a poor family of three living on $723 a month in welfare payments, said Mike Herald of the Western Center on Law and Poverty, a Los Angeles-based legal services group that deals with health, welfare and housing issues.

Insurance is mandatory in California and the police are only able to issue a ticket to drivers. It is estimated that 3.2 to 5.7 million motorists are uninsured in the state.

Originally posted at InjuryBoard by Shannon Weidemann