Wrongful Death

Maryland State Police arrested a hit-and-run driver who they say struck and killed a bicyclist and injured another in an Ocean City auto accident in Maryland. According an Associated Press news report, the two bicyclists were riding their bikes on the Route 50 bridge west of Ocean City where they were struck down by a pickup truck. The driver of the truck did not stop at the scene. A witness followed the truck and called police. Authorities were able to pull over the truck and arrest its driver, charging him with negligent homicide by motor vehicle while under the influence, driving under the influence of alcohol and failing to remain at the scene of an accident involving the death of another.

Vehicular homicide, driving under the influence of alcohol, and leaving the scene of an accident are extremely serious offenses in the state of Maryland, punishable by significant jail time and hefty fines. There is no question that a person who is convicted of these offenses must be held both criminally and civilly liable for causing an accident and the resulting injuries or death. In cases where such negligence is involved, families of deceased victims are also able to file wrongful death claims, which may help compensate them for medical or funeral expenses, loss of wages, past and future pain and suffering, loss of companionship and other damages.

If you have been injured in a Maryland auto accident or have lost a loved one as a result of wrongdoing or negligence, please call experienced Maryland auto accident attorney and wrongful death claim lawyer Steven H. Heisler for a free and comprehensive evaluation of your case.

Summer is now in full swing and hope it turns out to be a great one for everyone out there. However, we all know that sometimes, summer fun can turn dangerous or even deadly. Swimming pool accidents and poolside injuries are the number two cause of death in children 14 and younger. Swimming pool accidents in Maryland can result in death. But they can also cause submersion injuries, traumatic brain injuries, concussions and spinal cord injuries. In Maryland, if you are a homeowner and a visiting child drowns in your pool as a result of your negligence or inattention, you could be liable for that accident and resulting injuries.

Backyard swimming pool accidents occur most commonly in Maryland. Recently, WBALTV reported that a 3-year-old girl died in backyard swimming pool accident in Annapolis, Maryland. The girl was apparently found to be in cardiac arrest when paramedics arrived at the home.

Each state’s swimming pool laws vary; however, pool owners are generally expected to exercise a reasonable standard of care when it comes to visitors using their pool facilities. This includes an obligation to accurately post pool depth and other warning signs, to cover an unused pool, and to properly secure pool facilities not in use with fences, locks, and other barriers.

If you or a loved one has been injured in a swimming pool accident, seek appropriate medical care immediately and try to document the circumstances of the accident as accurately as possible. You would also be well-advised to contact skilled Maryland swimming pool accident attorney Steven H. Heisler who can advise you on which legal course to pursue and tell you whether you qualify to collect compensation for your injuries.

An 80-year-old woman was killed in a Pasadena car accident in Maryland. According to a news report in the Baltimore Sun, Anne Arundel County fire officials said the fatal car crash occurred at Fort Smallwood Road near Carroll Road and involved one car turning in front of another. The woman was pronounced dead at the scene. A 64-year-old man was transported by ambulance to a Baltimore hospital with serious injuries. His injuries were, however, not life-threatening. The auto accident is under investigation, police said.

If you have been involved in a Maryland car accident, the first thing you need to do is to get prompt medical attention. The next thing you need to do is to gather as much information as possible. If you are in a condition to do so, immediately after the auto accident, you would be well-advised to get the other driver’s license tag number and many details as possible such as there name, address, contacts, driver’s license and insurance information. If you are carrying a camera, or if you have a camera feature on your cell phone, take as many detailed photographs as you can.

If you have been seriously injured in a Baltimore auto accident, you need the services of an experienced and knowledgeable Maryland auto accident lawyer who can analyze the facts of the case, identify the parties at fault and hold them accountable. If you are looking for a skilled Maryland personal injury attorney with a successful track record, please call Steven H. Heisler today for a free consultation and case evaluation.

In a statement released Monday, June 22, 2009, the National Transportation Safety Board (NTSB) declared that:

“The National Transportation Safety Board has dispatched a go-team to investigate the collision of two Metro trains in Washington, DC….

…Railroad Investigator Ed Dobranetski is Investigator-in-Charge and is leading the team, which includes two specialists from the NTSB Office of Transportation Disaster Assistance.

NTSB Member Debbie Hersman will serve as the on- scene spokesman. Terry Williams is the press officer accompanying the team.”

It has been reported in an article that Metro trains are equipped with a fail-safe computerized signal system that is supposed to prevent train collisions. On-board computers control the rate at which the train travels and its braking system, while another system detects the location of other trains in the area in order to maintain a safe distance between the trains. In the event that the trains get too close, the trains are supposed to be automatically stopped so as to prevent collision.

Peter Goelz, former managing director at the NTSB, discussed the crash in an online forum. Questions dealt with the cause of the Washington D.C. train accident near Maryland and which preventative safety measures should have been set in place to prevent such a crash. Goelz declared that the investigation will give a lot of attention “to the automatic train control system and the operator’s actions.”

The possibility of operator distraction was also discussed (distraction involving the use of cell phones or other electronic devices, such as MP3 players). Operator inattention is another factor being called into question (seeing that the trains are operated via computer, the train operator supposedly does little more than open and close the doors of the train). Goelz reported that the NTSB “has broad investigative power and they can secure” information such as phone records to determine if drivers were on a phone at the time of an accident.

Goelz said that the trains involved in the crash were older models that needed to be replaced. The models involved did not include “event recorders” that would have provided insight into the cause of the accident. “Metro needs to commit to an absolute timetable to replace these older cars and the city needs to commit the funding necessary to get the job done,” said Goelz.

Goelz reported that the accident’s investigation may take anywhere from 12 to 18 months.

The Steve Heisler Injury Legal Team will continue to monitor this developing situation. Our prayers and deepest sympathies are with the victims and families of victims of this terrible crash.

Authorities have confirmed that 9 passengers involved in the May 22, 2009 D.C. Metro train collision have died.  Though the identities of all victims has not been revealed, the age range for those victims who have been identified ranges from age 23 to age 64.

The operator of the train, Jeanice McMillan, 42, was among those killed in the D.C. area crash.  Metro spokeswoman, Candace Smith reported that, of the nine confirmed dead, seven victims were women and two were men.

It still remains unclear as to which train the deceased passengers were on – the train that was stationary or the train that was mobile.

At the time of the report, it was stated by Washington Mayor Adrian Fenty that two people, of the total 76 victims who were treated at local area hospitals, remained in critical condition. A third victim has been upgraded from critical condition.

The accident that caused these injuries resulted when two D.C. Red line transit trains collided.  Though the specific causes of the accident remain unknown, it is speculated that the train’s computerized signal system failed. The system is supposed to automatically slow trains down and come to a complete stop to prevent them from colliding with other trains. The crash occurred around 5 p.m. EST on Monday, June 22, 2009.

As of Tuesday, June 23, it was reported that rescue personnel worked throughout the night in an ongoing rescue effort. According to D.C. Fire Chief Dennis L. Rubin, the first car that rammed into the non-moving car was compressed by as 75 percent. A heavy crane was brought in during the night to assist with rescue efforts. The scene is still being processed as a rescue effort.

The Steve Heisler Injury Legal Team will continue to monitor this developing investigation. Our thoughts and prayers are with the victims and families of victims of this terrible crash.

A fourth lawsuit has been filed against the driver of a van that was involved in a fatal Maryland auto crash in May 2008 as it was taking a group of men in Hagerstown to a seniors softball tournament. According to this news report, the suit filed in Washington County Circuit Court, alleges that the driver, Robin Poffenberger, drove the 2003 Chevy Custom van into the path of a tractor-trailer, failing to yield right-of-way to the big rig at the intersection of Md. 66 and Interstate 70. One man, 72-year-old Clifford J. Rice, died and six other men were taken to area hospitals.

The most recent lawsuit filed by one of the victims, Gary Gruber, seeks $500,000 in damages from Poffenberger mostly for medical costs he incurred as a result of the serious injuries. Gardner L. Stewart, who was also flown to the hospital after the tractor-trailer accident in Maryland, filed a lawsuit earlier this year seeking $3 million from Poffenberger. Stewart said he suffered serious and permanent injuries, severe mental and emotional anguish and continuing and debilitating pain and suffering because of Poffenberger’s carelessness and negligence.

Maryland auto accident victims are eligible to file personal injury claims if their injuries or damages were caused by someone else’s negligence. Typically victims of auto accidents are eligible to receive compensation to cover medical expenses, cost of medication, hospitalization, therapy and other future treatment related to the injuries. Auto accident victims could also receive compensation for loss of wages, past and future pain and suffering, property damage and other associated costs. However, it is not an easy road. It takes an experienced and skilled MD personal injury attorney to fight for your rights every step of the way so you get a fair settlement – whether it’s from an insurance company or the manufacturer of a defective auto product that caused your injury. If you have been seriously injured in a Maryland auto accident, please call Steven H. Heisler for a free consultation today.

A terrible Washington D.C. metro train accident has occurred today. The Associated Press recently reported that two, Red line transit trains collided in Washington D.C., severely injuring upwards of 70 people. At least six people have been confirmed dead as a result of the accident. Investigators have not determined the cause of the crash, although it is known that both trains were traveling on the same track. According to the D.C. Emergency Management Agency, “all passengers have been removed from the trains.”

Alan Ettner, District of Columbia fire spokesman described the event as a “mass casualty event.” Cars from one train jackknifed into the air, and fell onto the other train. The crash, which took place at the height of evening rush hour, occurred in the Washington D.C. area just outside of the Maryland border, in between the Fort Totten and Takoma Park stations. The two collided trains had to be cut apart in order to rescue passengers, many of whom were in visible shock. The crash is the deadliest in D.C. Metro history.

Passenger Jodie Wickett, a nurse and one of the passengers, remained at the scene to help out however she could. According to Wickett, “Lots of people were upset and crying, but there were no screams.” Another witness, Barry Student, was riding his bicycle near the Metro tracks when the crash occurred. He reported not seeing “any panic,” and labeled the “whole situation [as] surreal.”

John Catoe, Metro general manager, reported that at least 60 people have been rescued from the train wreckage, and could not offer any reason as to what caused the accident.

Amy Kudwa, spokeswoman for the Department of Homeland Security, said that there is so far no indication that this incident was the result of any sort of terrorist act.

The Steve Heisler Injury Legal Team will continue to monitor this developing situation. Our thoughts and prayers are with the victims and families of victims of this terrible crash.

An Elkton, Maryland bicyclist – Mark D. Schaumann, 50 — has died from injuries he suffered in a car crash in Glasgow, Delaware. The car was driven by Marcelle A. Williams, 44, of Perryville, Maryland, according a report from the Newark Post . Delaware State Police officials said that a 2008 Scion driven by Williams was traveling on Route 40 westbound in the right lane.

Schaumann was traveling westbound on Route 40 on the shoulder. Police said the Scion drifted on to the shoulder and struck Schaumann. The impact from the crash ejected the bicyclist from his bike and onto the ground. Williams has not been charged pending an investigation. Authorities say alcohol was not a factor in this fatal car accident.

Auto versus bicycle accidents could occur for many different reasons. In this particular case, police say alcohol was not involved. The driver may have been distracted or simply inattentive to the surroundings. It appears, based on this news report, that this fatal Maryland bicycle accident was the fault of the driver.

If you were involved in a Maryland auto accident and have questions about whether or not you were injured as a result of someone else’s negligence, please call skilled Maryland auto accident attorney Steven H. Heisler to find out about your legal rights and options. In cases where someone’s negligence or wrongdoing causes a death, the family of the deceased may be able to file a Maryland wrongful death claim to get compensation for medical/funeral expenses, loss of earnings and other related costs. Please call Steven H. Heisler for a free consultation today.

The number one thing to do immediately after a Maryland automobile accident is to write down the other driver’s license tag number. I don’t care if you have to pull lipstick out of your pocketbook and write the number on a Styrofoam cup, scribble it in pen on your arm, or ask the paramedic to write it on his notepad while you’re being loaded into the ambulance. The simple fact is that failure to do this one thing could be fatal to any future claim you may want to pursue against the responsible party.

Here’s why. If you’ve been in a Maryland car crash, you are going to need to get your property damage fixed as well as be compensated for any injury you’ve sustained. Provided the other driver is at fault, he or she is responsible to take care of those damages. Unfortunately, not every person you come across is honest. In fact, there’s a ton of people in this world that will look you straight in the face and lie to you. Especially if they think their insurance rates are going to go up because they were at fault for the accident. They may give you false information about their insurance company or their home address and phone number.

Remember, the police do not respond to every single Maryland motor vehicle accident. People are afraid to lie to the police but won’t think twice about lying to you.

Thus getting the other driver’s tag number insures that if you are given bad information by the defendant you’ll still be able to get the information that you need.

All you simply need to do is run a tag check through the Maryland Motor Vehicle Administration or the many online companies that provide this service and you’ll be able to get the correct name, address, insurance company, and insurance policy number of the other driver.

The phone number for the Maryland MVA is 1-800-950-1682. Out of state callers should dial 301-729-4550.

Here is an online tag check companies who provide this service for a fee:

I know what you’re thinking. All you need to do at the scene of the accident is write down the other driver’s information off of his driver’s license. That usually works but not all the time. People frequently change their address and fail to notify the MVA. Maryland law requires an individual to notify the MVA within 30 days of an address change but many people just don’t bother.

Even if you get accurate information from the responsible party’s license, you still won’t have the insurance information. Maryland licenses don’t contain that information. So you have to hope that you’re given the proper insurance details by the defendant. As we’ve discussed, it’s like rolling dice.

The consequence of not being able to get accurate personal and insurance information from the person that just smashed up your vehicle? You’ve now got no one to pay for your messed up vehicle and your mangled body.

Don’t make the mistake of leaving the scene of a Maryland auto accident without securing the other driver’s tag number!!!