Maryland Injury Attorney Blog

March 25, 2009

Maryland Motorcycle Helmet Law Debate

Some Maryland motorcycle riders would like the state to relax its mandatory helmet law, which was enacted in 1992 to decrease the rate of Maryland motorcycle crash fatalities. Senator John Astle (D-Annapolis), who is himself a biker, is behind the latest push in the General Assembly to allow exemptions to the helmet law for some cyclists.

Sen. Astle presented a proposal to the Senate Judicial Proceedings Committee in Annapolis, Maryland, earlier this month which would allow a helmet law exemption for motorcycle riders aged 21 or older who have been licensed to operate a motorcycle for at least two years, or who have completed a safety course approved by the Motorcycle Safety Foundation or the Motor Vehicle Administration.

Maryland Fatal Motorcycle Crash Statistics

March 18, 2009

An Introduction to the Maryland Workers Compensation System

by Jeff Butschky

Unlike a lot of states, the Maryland Workers’ Compensation system is very adversarial. In some states, the hurdle injured workers have to get over to receive compensation is ridiculously low. They basically just need to prove that they were hurt at work — or anything remotely close to work. If they were injured driving to or home from work, they’re covered. Even if they were goofing around and got hurt at work, they’re covered. In Maryland, it’s different.

Maryland is an “at will” employment state, meaning you can be fired at will by your employer, providing they’re not violating any Federal laws against discrimination for age, gender, race, etc. The playing field is not level — it’s tilted in the employer’s favor. And that goes for the Maryland Workers Comp system, too.

The bright spot is if you’re injured on the job in Maryland, your employer is required by law to carry workers’ compensation insurance. Even if they don’t have it — which I’ve seen a dozen times or so in 20 years of helping injured workers in Maryland — the Uninsured Employers’ Fund will step in and pay. So the good news is if you’re hurt at work in Maryland and if you have a compensable claim, your employer has insurance to cover it.

March 5, 2009

Maryland Teen Driver Safety and Accident Statistics

by Jeff Butschky

The AAA has a new report on the hazards of teen driving, not only for the young drivers behind the wheel but to their passengers, people in other cars, and pedestrians. The report states that in fatal auto accidents involving teenage drivers, the majority of people killed are passengers and others involved besides the young drivers themselves.

As Baltimore Maryland injury lawyers, my partners and I are aware of what can go wrong when a young driver makes a mistake in judgment or loses control when operating a motor vehicle. Some national statistics from the AAA report:

In the U.S. between 1998-2007, crashes with drivers aged 15 to 17 resulted in the deaths of 28,138 people.

February 26, 2009

Will Proposed Labor Law Affect Maryland Workers Comp?

by Jeff Butschky

The laws and regulations governing Maryland Workers Comp cases are in place to protect people who are injured at work or in the course of doing their jobs. But what happens if you’re employed as an “independent contractor,” as are so many plumbers, electricians, carpenters, painters, and other trades people in the construction industry, where serious and fatal accidents can and do happen?

Do you have the same rights to Maryland Workers Compensation benefits if you’re injured on the job in Maryland? A bill before Maryland lawmakers is tackling the issue of independent contractors’ rights. As the law stands now, employers who classify workers as “independent contractors” are exempt from paying Social Security and Medicare taxes, unemployment insurance, and workers’ compensation premiums. So if you’re injured on the job and you’re classified as an independent contractor — you’re on your own.

According to a report in The Washington Post, state officials believe as many as 20 percent of Maryland’s blue-collar workers are wrongly classified as independent contractors. The Maryland Governor is calling on the General Assembly to make it illegal for employers to misclassify workers as independent contractors. Building industry representatives object to the proposed law, which would fine business owners $5,000 for each worker they knowingly misclassified. Repeat offenders would receive additional fines and could be debarred and put out of business.

February 19, 2009

Maryland Car Accident Emergency Responses Questioned after Fatal State Helicopter Crash

by Jeff Butschky

Have you ever been stopped in highway traffic while a medical helicopter lands to transport victims of a Maryland car crash to the hospital? It’s a heart-stopping sight, and we can only hope that the helicopter gets the victims to the hospital in time. Now Maryland lawmakers are reevaluating the state’s emergency medical services since a crash involving a state helicopter claimed four lives last fall.

The Maryland State Police medical helicopter program has been under scrutiny since a Sept. 27, 2008 crash killed four people in Prince George’s County, Maryland. The helicopter was on its way to a hospital 25 miles away when it was diverted to Andrews Air Force Base in foul weather and crashed — killing the pilot, a paramedic, a medical technician, and one of the car accident victims. An 18-year-old injured in the Charles County Maryland traffic accident survived the helicopter crash. Legislation is now being proposed that would separate Maryland law enforcement from rescue functions.

The subject of medical helicopter accidents has received national attention lately, as such accidents have been on the rise since the 1990s due in part to the closing of emergency rooms in rural areas and an aging US population. National and state safety officials are reconsidering whether some patients would be safer and just as well served by using regular ground ambulance transports. Triaging methods used by emergency responders are also being questioned.

January 15, 2009

Fatal Baltimore Beltway I-695 Ramp Van Accident Claims Two Lives

by Jeff Butschky

A fiery single-vehicle auto accident on a Baltimore Beltway interstate 695 exit ramp has claimed the lives of two people. The accident occurred at 2:30 p.m. on Jan. 9 as a 2002 Ford van drove off the Baltimore Beltway exit ramp for westbound Baltimore National Pike. The van hit a pole and a tree and caught fire. Tragically, the occupants were killed. As of our blog publication, the names of the two deceased people had not been released.

Highway ramp safety is a critical concern on the Baltimore Beltway and other highways in Maryland, Delaware, Washington DC, and around the USA. Highway on-ramps and off-ramps are frequently the sites of serious car and truck accidents. Drivers exiting the highway too fast can quickly lose control of their vehicles when hitting the curves and grades of highway off-ramps. And motorists who enter highways from on-ramps too fast or too slow, or who fail to yield to the flow of oncoming highway traffic, can also cause motor vehicle accidents.

Maryland car accident lawyers like my partner and I read about far too many bad accidents on the Baltimore Beltway and other Mid-Atlantic highways, such as this terrible case. A routine drive to work, to school, or to go shopping can turn tragic in a heartbeat. When you’re taking a ramp on the Baltimore Beltway or any highway, be aware of the road, the traffic around you, and take it slow. Your life and the lives of your passengers depend on it.

January 12, 2009

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

by Jeff Butschky

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.