Two families here in Maryland may be awaiting answers to how their family members died. The single car accident occurred sometime in the early morning hours of a recent Sunday. Police officers were not called to the scene, but rather discovered it at around 2:35 a.m.

Perhaps by the time that happens, officials can also provide some answers regarding what caused this fatal motor vehicle accident. It is possible that the passenger's surviving family members will exercise their right to file a wrongful death claim against the driver's estate. Providing the court with evidence that the driver's negligence led to the death of their loved one could result in an award of damages to help with the financial losses that accompany such a tragedy.

Source: wtop.com, "2 dead in Prince George's Co. after car smashes into utility pole", Chantalle Edmunds, April 15, 2018

Vehicle accidents are at fault for many more cases of traumatic brain injury across the country.

Even in a low-speed, rear-end collision, serious brain trauma is possible. There are two forms of traumatic brain injury: open and closed. An open head injury refers to a skull fracture or an incident in which a foreign object penetrates the skull. A closed head injury, which is much more common, is caused by a blow to the head; no open wound is involved. This could happen, for example, if the impact of a rear-end collision causes a person's head to strike the steering wheel or dashboard.

Brain damage can occur in a car accident even if the head does not directly hit any surface or object. The rapid deceleration in a collision causes the brain to slam against the inside of the skull. This is called a coup/contrecoup injury, and can be just as severe as a direct blow to the head.

Seeking prompt medical attention

According to the Centers for Disease Control and Prevention, traffic accidents are responsible for about 286,000 traumatic brain injuries annually. However, the number may be much higher because brain damage is not always apparent at the time of a vehicle crash. Symptoms may not show up for days or even weeks, and an accident victim may, therefore, wait to seek medical attention.

Watching for TBI symptoms

Anyone who becomes the victim of a car crash should seek medical attention at once, even if it is "only" a fender-bender. Children are especially susceptible to brain injuries in a crash. Symptoms of TBI include headaches, drowsiness, dizziness or loss of balance, sensitivity to light or noise, blurred vision, anxiety, depression and other mood changes.

Thinking ahead

Car crashes cause many kinds of injuries, but brain damage is among the more serious concerns. Not only is an immediate medical evaluation essential for physical health, but also in terms of proving that the injury was directly related to the accident. This will be important when filing a claim for an insurance settlement. 

Victims may not be multimillion-dollar athletes, but their health is just as important as that of any running back or wide receiver, and so is the compensation the law entitles them to.

Recently, an off-duty police officer who works in the nation's capital suffered such a fate. As he rode his motorcycle on a Maryland road, another vehicle suddenly moved into his lane. The abrupt movement caused the officer's motorcycle to topple, and he went down with it. That might have been the end of it, except that the officer fell into the oncoming lane of travel where another vehicle struck him.

Whether that happens or not, his surviving family members may exercise their right to file a wrongful death claim in connection with this deadly motor vehicle accident against those believed responsible for his death. Proving negligence to a civil court could result in a monetary judgment that could help the family cover at least some of the financial losses the family faces as a result of his death. In addition, they may receive some closure and peace regarding his death.

Source: fox5dc.com, "DC police officer dies in crash in Prince George's County", April 6, 2018

However, a big mistake led to man's death in a recent crash that took place on a Maryland road at approximately 5:30 p.m. The driver of a pickup truck somehow allowed his vehicle to cross over into oncoming traffic directly into the path of another vehicle. The driver of the second vehicle, a pickup truck as well, was unable to avoid the resulting head-on collision. The mail truck behind the second pickup could not stop in time to avoid becoming involved in the accident.

The parties injured in this motor vehicle accident could face significant recovery times, along with substantial financial losses due to time off work, medical expenses and other damages. Each of them may pursue restitution for those losses through the filing of personal injuries claims against the estate of the deceased driver. Successfully proving negligence to a Maryland civil court could result in a monetary judgment that may lead to the receipt of much needed funds to cover current and any future medical or other needs.

Source: fox5dc.com, "1 dead, 4 injured after multi-vehicle crash in Largo", March 29, 2018

If you were trespassing or caused your own injury, you would be out of luck. But if the property created or ignored a safety hazard, you may be able to bring a claim for damages.

The basics of premises liability

Any owner of property (premises) has a certain legal responsibility (liability) for the safety of visitors. This applies to commercial entities, landlords, homeowners and governmental entities, including property managers.

But there are certain elements that must be proved to bring a premises liability claim:

• Injury/damages – Let’s say you fell, or a box fell on you. If you suffered no serious or lasting injury, there is no claim. For a lasting disability or disfigurement, you can be compensated for future medical care and lost earnings, as well as pain and suffering.

• Negligence – There must be an inherently unsafe property condition or hidden danger, such as a floor spill, a tripping hazard or broken lights in a stairwell. If you simply fell from your own clumsiness, the property owner is not responsible.

• Ample notice – You need to show that the owner created the hazard, had knowledge of the danger (actual notice) or should have known (constructive notice), and had reasonable opportunity to correct it or warn people.

Slip-and-fall injuries

Slip-and-fall injuries are one of the most prevalent kinds of premises liability claims.  The negligence comes into play due to the conditions that led to the fall. The icy winter season is a common culprit. People can fall in shopping center parking lots, where the business owner is responsible for keeping the premises safe for shoppers.

Elevator/escalator accidents

Another type of premises liability claim arises when a person is injured in an elevator or on an escalator. Elevators and escalators are ubiquitous in shopping malls and office buildings, and one malfunction can cause serious injuries. Common accidents include elevators falling multiple stories, falling into an elevator shaft, getting clothing caught in an escalator tread or elevator doors that malfunction.

Any type of personal injury due to unsafe property conditions should be examined by an attorney with experience working in premises liability cases. A qualified attorney knows how to determine negligence in these cases and help plan a strategy to pursue compensation for injuries. Slip-and-falls can result in high medical bills and lost wages due to inability to work, so it is important to be compensated as fully as possible.

Both the doctor and the clinic out of which he works are named in the suit, which was filed in Sept. 2017. The former patient alleges that Dr. Now failed to remove tubing and a stainless steel connector inside the patient following surgery to repair a hiatal hernia and remove a gastric band system two years prior to that date. Just days thereafter, the patient began experiencing excruciating abdominal pressure and pain.

Most people believe that a surgeon leaving behind foreign objects during a surgery is only a nightmare scenario. Unfortunately, it happens more often than anyone would like to admit. This form of medical malpractice can have significant adverse effects on a patient's health, future well being and life. Anyone who suffers harm due to an object being left behind after surgery may consider filing a complaint against the Maryland doctor and others deemed responsible for this dangerous breach of the standard of care.

Source: intouchweekly.com, "'My 600-lb Life' Star Dr. Nowzaradan Sued for Leaving Steel Tubing in Patient's Stomach", Megan Heintz, March 23, 2018

For instance, two vehicles headed in the same direction on Maryland 273 recently collided. Before all was said and done, three vehicles were involved and one person was dead with two others injured. Preliminary reports from troopers with the Maryland State Police indicate that two vehicles were traveling westbound when the lead car slowed down to make a left turn. The vehicle behind it failed to stop and crashed into the back of the lead vehicle. The impact violently shoved the first car into the eastbound lane where it was hit by another vehicle.

Under Maryland law, when a serious or fatal motor vehicle accident occurs, the victims -- or their families if deceased -- retain the right to file civil claims against the party or parties believed responsible. If the evidence proves that negligence or recklessness caused or contributed to the injuries suffered (fatal or not), then an award of damages could follow. Any restitution received could help in the recovery of financial losses incurred as a result of the crash.

Source: firststateupdate.com, "Troopers Identify 22-Year-Old Man Killed In Route 273 Accident, Two Others To Hospital", March 19, 2018

Among other findings, a study at the University of Georgia indicated that post-concussion drivers lacked vehicle control. This could contribute to a car crash causing serious injury to you or a family member.

A UGA associate professor in the university’s department of kinesiology supervised the study with 14 college-age participants. Each of the subjects had supposedly recovered from a concussion, and reported that they were feeling well.

The participants took a driving test on a simulator. They drove erratically, sometimes swerving within a lane. At times, their performance behind the wheel resembled driving under the influence of alcohol. In particular, the post-concussion drivers had difficulty negotiating curves and staying in their lane.

Despite having no symptoms of concussion, the subjects also performed lower than the control group on tests of verbal, short-term memory and motor skills.

Driving versus playing sports

Signs of a concussion, which may not show up at first, include headaches, dizziness, confusion, fatigue and slurred speech, among other symptoms.

The researcher pointed out that UGA athletes who have had concussions are not permitted to return to the field of play until they take a series of tests to determine where they are compared to benchmarks for normal brain function. However, there are no such tests required for those UGA athletes to resume driving.

Should there be a driving moratorium after a concussion?

The main takeaway from the study, the first of its kind, is that people who feel fine and outwardly show no residual effects of concussion may not be safe to drive. The typical person recovers from a concussion within seven days. But in the UGA study, students who had been symptom-free for at least 48 hours were still prone to driving erratically.

Perhaps there should be driving-specific tests for those recovering from a concussion. And maybe all accident victims with a known or suspected brain injury should be restricted from driving until they are cleared by a doctor.

The threshold for proving that malpractice occurred is high. You will need to show that your attorney was incompetent or otherwise acted negligently or fraudulently. However, that is not enough. You must also show that you suffered financial harm as a direct result.

Before proceeding with a claim for legal malpractice, it may be a good idea to obtain an understanding of your rights and legal options. Doing so may require the assistance of a Maryland attorney who represents people that sustain financial harm due to the error, negligence or incompetence of an attorney. If your case meets the required threshold, you could be entitled to restitution for your monetary losses.

Within 24 hours of the incident, the number of fatalities was still unclear. The bridge collapse not only posed danger to people in the immediate vicinity, but also to rescue workers and emergency responders who arrived on the scene.

In accordance with the Occupational Safety and Health Act, employers must meet hazard-specific health and safety standards and provide employees with a work environment that is not likely to cause serious injury or death. This is not always easy in the construction world. The pedestrian bridge at FIU was meant to provide students with a safe walking route over the busy highway below. Instead, the bridge crashed onto the eight lanes of traffic, leveling several vehicles. Reportedly, two workers were on the bridge when it fell.

The Incident Command System

Catastrophic events are managed under an Incident Command System. A Structures Specialist associated with Urban Search and Rescue will evaluate the condition of the structure that responders will have to enter and determine how best to mitigate the risks to rescuers and medical personnel.

Early reports indicate that the construction contractor was using a new system to erect the bridge sections that was risky because the towers were not anchored during this phase. If that turns out to be true, it is major breach of the public trust and the obligation to the construction crews. Safety must be built in to every stage of building.

Dangers facing first responders

A personal injury attorney familiar with injuries caused at construction sites will tell you that potential danger is everywhere, despite compliance with OSHA regulations. The rescue teams summoned to the site of a construction disaster face a number of hazards, including structural instability; confined spaces; falling objects; exposure to energized electrical wires; possible explosions; smoke; dust; a variety of pathogens; and much more.

Help for victims and their rescuers

A devastating construction accident can occur anywhere. Fortunately, anyone injured in such an incident, especially one as serious as the FIU bridge collapse, can rely on an experienced advocate to handle the legal side of the issue and negotiate with insurance companies for a full and fair financial settlement to cover medical expenses, loss of wages and related costs.

A recent crash investigated by troopers with the Maryland State Police illustrates just how dangerous this can be. A trucker fell asleep and crashed into another big rig. He managed to escape the wreckage before a fire broke out, but that does not excuse his behavior. No one may have been seriously hurt in this incident, but far too many people lose their lives to drowsy truckers here and across the country.

For this reason, part of nearly every truck accident investigation involves determining whether drowsy driving played a role. This often involves delving into the activities of the truck driver for days prior to the crash. Any evidence found could prove that negligence led to the severe and deadly injuries that often result in accidents involving these large and heavy vehicles.

Source: abc2news.com, "Tractor-trailer driver falls asleep at wheel causing crash and shutdown on 695", Brian Kuebler, March 1,2018

There are various reasons for rollover accident. One of the most common causes is that the vehicle may have “tripped” on something.

Any kind of vehicle can roll over in the perfect storm of circumstances. However, vehicles that are narrower and taller – such SUVs, vans and pickups – are the most prone to rollovers. In a curve, a vehicle with a higher center of gravity will lean. As speed increases, the lateral forces will cause it to tip. Making too sharp a turn can trigger a rollover. Another common scenario is overcorrecting after a suddenly swerve, creating a pendulum or wobble effect that the vehicle cannot sustain.

The tripping problem

The National Highway Transportation Safety Administration estimates that "trips" cause 95 percent of all rollovers. A trip is an incident where the vehicle’s tire encounters some sort of object or barrier. The wheel could hit a pothole in the road, strike a curb or make an awkward transition from pavement to soft shoulder. If the tire becomes deformed in the incident and the wheel rim strikes the obstacle, it could cause a tip-up, which can result in a rollover accident.

The NHTSA tests new cars, vans, pickups and SUVs for likelihood of rollover. The vehicle passes the test if can handle a quick “fish-hook” swerve at 50 mph without two wheels leaving the ground. It then publishes a rollover rating for every make and model, along with ratings for other safety factors.

As a result of tip-up testing and thousands of rollover crashes, automakers have made their vehicles substantially safer – wider wheelbase, different tire design and electronic traction control. Many new SUVs and hybrids are less likely to roll than certain sedans. Manufacturers also strengthened the roofs and roof supports. Many fatalities and injuries are not caused by the rollover itself, but by the roof collapsing when the car is upside down.

Preventing rollovers and minimizing injuries

To begin with, always wear your seat belt. That will provide some protection from from being tossed around inside the vehicle. Seat belts also prevent ejection from the vehicle, one of the greatest dangers in a rollver. Check your tires regularly to be sure they are properly and evenly inflated. Do not place heavy loads on the roof; that makes the vehicle even more top-heavy. Instead, place loads inside the vehicle, close to the center. Keep speed reasonable for the roadway and the conditions, and remain alert when you are driving in the country: nearly three-quarters of rollovers that result in fatalities occur on rural roads.

Compensation

If you are the victim of a rollover, you may think you are not eligible for compensation if no other vehicle was involved. However, compensation is indeed possible in single-car accidents. And settlement will be based on the circumstances that led to the accident.

There might be insurance benefits under your policy, or there may be actionable claims against other parties. Another driver might be liable for a sideswipe, crossing the center line or other action which forced your vehicle off the road. Another car or truck could have dropped debris that caused to swerve, tip up and roll. There might negligence in the roadway design or maintenance. There might be a vehicle defect which caused or contributed to the rollover.

The family alleges that the surgeon failed to disclose all of the potential risks involved in the operation to them or Paxton. Moreover, they claim that the surgeon was not qualified to perform the unconventional and highly risky procedure. Even though his official cause of death is listed as a stroke after heart surgery, the family believes that his death could have been prevented.

Paxton's family could have a long road ahead of them since medical malpractice lawsuits are notoriously challenging. The level of medical expertise required in many cases alone can make these cases problematic. This is due, at least in part, to the need to differentiate between unfortunate circumstances and medical error. Anyone in Maryland believing that a medical mistake took the life of a loved one may find it comforting to know that they do not have to go through this process alone.

Source: CNN, "Bill Paxton's family files wrongful death suit", Sandra Gonzalez, Accessed on March 4, 2018

There are many reasons that a car crash might occur (including automobile defects). But even when the collision results from human error, a vehicle defect can directly cause serious harm (such as a brain injury) or make injuries worse than they should be. Crashworthy refers not to the vehicle's sturdiness but to the vehicle’s ability to protect the occupants.

More than half of all vehicle crashes include a report of traumatic brain injury TBI. (Concussions are a common form of brain injury.) At impact your head may strike something hard like your steering wheel or windshield, causing brain hemorrhaging or bruising. But there is not always a visible wound or direct impact. Brain injury can occur from the whiplash force of the crash, as the brain “collides” with the inside of the skull.

The way the car is designed, and the quality of the components, can affect the vehicle’s ability to prevent head trauma and other injuries. After a serious car accident, even if there are no open wounds or bruises, it is advisable to be checked by a doctor for brain injury. The symptoms can be delayed for hours, days or even weeks after the collision.

The crashworthiness factor

Auto manufacturers test their vehicles for crashworthiness. They use different criteria to determine the level of safety involved with different parts of the structure of a vehicle.

Crashworthiness can refer to:

• Restraint systems – If seat belts, shoulder harnesses or child car seat tethers fail, occupants may be ejected from the vehicle are bounced hard against the interior.
• Air bags – Front or side air bags can deploy spontaneously, causing injury or death; millions of cars have been recalled due to this defect. In a crash, the bags can also inflate at the wrong time, at a dangerous angle or fail to deploy, any of which can cause catastrophic brain injury, facial lacerations or neck injuries.
• Seat backs – Poorly designed seats can collapse or come lose from their moorings from the force of the crash, crushing occupants or pinning them against the frame of the car.
• Roof crush – Some roofs or roof supports are not able to withstand a rollover accident. If the roof caves in, the occupants may suffer severe or fatal head trauma, or be trapped and have to be mechanically extracted by rescue crews.
• Crumple zones – Modern cars are designed to absorb the force of a crash by collapsing at strategic points. Sometimes a mangled car means that the crashworthy design worked as intended and the occupants escaped serious injury. Other times it means that the wrong parts of the car failed and the occupants paid the price.

When buying a new car, research its overall crash rating and any weaknesses such as non-crashworthy in a side-impact, head-on, rear-end or rollover accident.

When buying a used car, you need to get a reliable history (such as CARFAX) of whether it has ever been in accident. The outer body might have been repaired, but a prior crash could have compromised the frame or the crashworthiness of safety components.

Product liability for auto defects

In terms of crashworthiness, how a crash happens or whose fault it is are irrelevant. What matters is whether the vehicle protected passengers as it was meant to. The manufacturer may be liable for injuries or death. Of course, there may also be actionable claims against a driver whose negligence caused the accident in which a non-crashworthy vehicle failed.

A personal injury attorney can explore all of your potential claims in a motor vehicle accident, including third party claims for product liability. Some attorneys will work with other law firms who specialize in auto defect litigation.

For instance, OSHA recently completed an investigation into the death of a worker in a plastics company last year. OSHA found that the company willfully violated a regulation requiring machine guards on its equipment to prevent injuries to workers. Investigators also found that the company failed to implement proper shut down and lock out/tag out procedures.

OSHA may not get there in time to prevent many deadly workplace accidents, but it may help prevent future ones. Regardless, families continue to lose loved ones due to hazardous work conditions even if an employer and employees do everything right. When faced with this type of tragedy, Maryland families may be entitled to workers' compensation benefits to help with the financial aspects of their losses. During an already difficult time, it may be beneficial to enlist the aid of an experienced attorney to get through the process of receiving those much needed benefits.

Source: plasticsnews.com, "OSHA fines Ala. plastics firm $200,000 over 'preventable' workplace death", Steve Toloken, Feb. 21, 2018