Maryland Injury Attorney Blog

February 5, 2012

US Labor Dept. Sues Towson, Maryland Employer over Mishandling Workers’ Retirement Contributions

A Towson, Maryland rehabilitation center has been sued by the United States Department of Labor for allegedly mishandling employees’ retirement contributions. According to a news release, the U.S. Labor Dept. has filed a lawsuit against Towson Rehabilitation Center LLC and its CEO for failure to remit employees’ retirement contributions to the company’s 401K plan.

The lawsuit, which was filed in the U.S. District Court for the District of Maryland in Baltimore, seeks to restore all plan losses and “permanently bar the defendants from serving in a fiduciary capacity to any employee benefit plan…” covered by the Employee Retirement Income Security Act (ERISA).

A case such as this suggests an alleged breakdown in trust between the employer and employees–in this case, with workers’ retirement contributions at stake. Trust can also break down when someone is injured at work, and the employer may not always do what is in the best interest of the injured employee.

January 31, 2012

Maryland Hybrid Drivers : Pedestrian Accident Injury Liability Claims Up, Insurance Report Says

by Jeff Butschky

Hybrid vehicles are rising in popularity in Maryland and across the U.S., as more people seek to save money on gas with an environmentally friendlier vehicle. However according to a recent insurance industry report, hybrids vehicles aren’t always as friendly to pedestrians. Liability claims for pedestrian accidents with hybrid vehicles are on the rise because people on foot — as well as bicyclists — may simply not hear them coming.

The Insurance Institute for Highway Safety (IIHS) issued a report late last fall stating that hybrids are actually safer than their non-hybrid equivalents when it comes to protecting motorists in car accidents. However the same cannot be said when pedestrians are struck by hybrids. The IIHS reported that hybrid vehicles are 20 percent more likely to be involved in traffic accidents with pedestrians.

A Baltimore County pedestrian accident injury lawyer works with individuals in cases where a person on foot has been struck and injured or killed by a motor vehicle. We’re hearing more about pedestrian traffic accidents involving hybrid cars, whose engines are very quiet when the vehicle is in electric only mode. Unlike conventional gas burners that rumble along the Maryland roadways, hybrids running on all electric current may approach almost silently — particularly for pedestrians who are wearing iPod headsets, and/or are texting or talking on their cell phones.

January 18, 2012

U.S. Highway Safety Group Green Lights Maryland Traffic Laws, While Noting Areas that Need Improvement

by Jeff Butschky

Though Baltimore County commuters might beg to differ, Maryland has recently been ranked as one of the safer states in the country for motorists. (See related Maryland Injury Attorney articles below.) Now a new study released by a national highway traffic safety advocacy group ranks Maryland among states given a “green light” for basic traffic laws on the books.

However many aspects of Maryland traffic laws and regulations could use improvement, as the study authors — and experienced Baltimore County car accident injury lawyers — would agree. Let’s take a brief look at the study findings and recommendations.

Maryland’s basic traffic laws were given “green light” passing grades by the Advocates for Highway and Auto Safety. The group is comprised of consumer, insurance, health, safety, and law enforcement representatives and conducts a national survey of traffic laws by state every year. Its report titled 2012 Roadmap to State Highway Safety Laws looks at 15 basic traffic laws covering a range of safety areas, including use of motorcycle helmets and seat belts, texting while driving, Graduated Driver Licensing (GDL) programs, child safety seats, and ignition interlock devices for convicted drunk drivers.

January 10, 2012

Maryland Work Injury and Death Statistics Shed Light on Most Hazardous Occupations

by Jeff Butschky

Which are the most dangerous occupations in Maryland? What types of fatal work-related accidents occur most frequently? As we look ahead to 2012, it’s worth looking to the recent past to consider Maryland workplace safety, accidents that happen on the job, and trends.

The answers may be found in the most recent Maryland Occupational Safety and Health (MOSH) survey results, which are available to the public (see link below). Some highlights from the 2008 Maryland Census of Fatal Occupational Injuries…

> Nonfatal work related injuries and illnesses in Maryland declined in 2008, numbering at 75,000. Maryland is statistically one of the safer states in which to work in the U.S., with a “TRC” (total recordable case) incidence rate that’s 12 percent below the national average. (Md.’s TRC rate was, for 2008, 3.7 injuries and illnesses per 100 equivalent full-time workers.)

January 1, 2012

Maryland Car Accident Death Rates Down, But Many Traffic Safety Challenges Remain

by Jeff Butschky

As a new year begins, it’s worth noting some traffic accident statistics and trends for the state of Maryland. There’s some encouraging news, but many Md. traffic safety and driving challenges remain.

A recent story reported by CBS Baltimore noted that Maryland traffic accident fatalities decreased by 10 percent last year. The report pointed to statistics for 2010 released by the National Highway Traffic Safety Administration (NHTSA). According to NHTSA’s findings, 493 motor vehicle crash deaths occurred in Maryland in 2010, compared with 549 in 2009.

A source from the Mid-Atlantic AAA reported that the decrease in Maryland car crash deaths can be credited to a number of factors. These include advances in automotive safety equipment such as air bags and anti-rollover technology, better road signage, as well as public safety campaigns targeting unsafe driving behaviors, including drunk driving in Maryland.

December 21, 2011

Should Maryland Laws Banning Cell Phone Use While Driving Get Even Tougher?

by Jeff Butschky

Last week, the National Transportation Safety Board (NTSB) made a bold recommendation — one that urges states to take another look at their driving laws and has the driving public talking about individual rights versus public safety.

In the wake of several fatal distracted driving traffic accidents, the NTSB proposed an all-out, nationwide ban on talking and texting on cell phones while driving. That would mean no talking on either hand-held or hands-free cell phones and no texting, for any drivers of any age, except in the case of an emergency.

The NTSB recommendation came following examination of a 2010 case in Missouri, where a young man who had reportedly been texting for several minutes crashed his pickup truck into a commercial truck that had slowed down for road construction — setting in motion a chain reaction crash that involved two school buses. The pickup truck driver and a teenage passenger on one of the buses were killed, and close to 40 people were injured, some seriously.

December 5, 2011

Maryland Workers’ Compensation Cost of Living Rate Adjustments for 2012

by Jeff Butschky

What would happen to you and your family if you were hurt on the job and temporarily or permanently disabled? For construction workers, electricians, machinists, farmers, truck drivers, and others in high-risk occupations, surviving a Maryland work accident can be just the start of an uphill battle. Keeping up with day-to-day medical and living expenses, while recovering from a work-related accident, can be an enormous struggle for injured Md. workers and their families.

Harford County, Md. work comp injury lawyers know families may struggle just to get by in the wake of a work related accident. This is why we work hard to relieve injured Maryland workers and their families of the burden of dealing with their Maryland Workers’ Compensation claims and well as related legal claims and lawsuits.

How much money can a Maryland injured worker expect to receive when filing a Workers’ Comp claim on their own? The Maryland Workers’ Compensation Commission posted its Workers’ Compensation Cost of Living Adjustments (COLA) for the New Year. Let’s take a look at a few numbers and consider what that could mean for injured Md. workers and their families.

November 30, 2011

Feds Shut Down Maryland Trucking Company Due to Work and Driving Safety Hazards

by Jeff Butschky

How many large commercial trucks passed you on your way to or from work today? When a tractor trailer rumbles past you on the Baltimore Beltway or other Maryland highway, you probably don’t think much about the driver’s condition or the vehicle’s maintenance record. You just assume the driver has had enough sleep and the truck itself is in good working order.

However the Federal Motor Carrier Safety Administration (FMCSA) does think about and regulate such highway driving safety issues.

The ability of big rig drivers to safely pilot large cargo-hauling trucks for long hours — and the sound mechanical repair and maintenance of the trucks themselves — directly impact the safety of both commercial truck drivers and the motorists who share the roads with them. This month, a Maryland trucking firm was ordered to cease operations immediately due to potential safety hazards.

November 22, 2011

As Maryland Thanksgiving Traffic Increases, So Do Risks of Drunk Driving Accidents

by Jeff Butschky

When it comes to tragic stories about injury and death on Maryland roads and highways, an experienced Hunt Valley, Md. personal injury lawyer has heard plenty. Our job is to help grieving clients through the legal process when a loved one has been injured or killed in a traffic crash, and another party is held liable. The stories we hear are heartbreaking, especially when traffic accidents could have been prevented. Drunk driving crashes fall in this category. A moment of poor judgment can lead to a life of heartache and regret — on all sides.

While the holidays are a joyous time, each one brings the risk of celebrants drinking too much and getting behind the wheel. With Thanksgiving being the most heavily travelled time of year, the risk of being in a serious Maryland car accident — whether caused by someone driving under the influence of alcohol, distracted driving, speeding, or other risk factors — increases. In fact, the volume of cars and trucks on MD roadways is expected to increase this Thanksgiving week.

AAA predicts a 3.5 percent increase in overall 2011 Thanksgiving travel (including auto travel, air travel, and travel by rail), The Baltimore Sun reports.

November 7, 2011

Working Overtime : Drowsy Driving a Serious Risk for Truckers and Other Maryland Motorists

by Jeff Butschky

Have you ever driven home from a long day at work or an evening engagement, yawning as the miles clicked by? Maybe you grabbed a cup of coffee to stay alert, or opened the car window to breathe some cold fresh air. Most Maryland drivers, if they’re being honest, would admit to occasionally driving tired…when they’d prefer to be at home in bed, rather than navigating Baltimore County, Md. roadways.

This week is Drowsy Driving Prevention Week. The AAA Foundation released a report that sheds new light on the problem of drowsy driving and risk of car accidents.

While nearly all Americans consider drowsy driving to be a serious safety hazard for themselves and other motorists (96% in the AAA study) — one in three admits to driving drowsy recently. Those who admitted to driving fatigued weren’t just talking about feeling a little bit tired: They said they had trouble keeping their eyes open on the road. In fact, the organization’s research found that two out of every five drivers (41%) admit to having fallen asleep at the wheel, with one in ten revealing this had happened in the past year.