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If you drive on a regular basis, you may have experienced it: that overwhelming fatigue that can creep in as the hum of traffic on a busy roadway lulls you. Your head starts feeling heavy and your eyelids begin to droop. You might try to open a window or turn up the stereo to snap yourself out of it, but the fact remains: Drowsy driving can be as dangerous as drunk driving, and leads to countless accidents that injure or kill people. This is especially true for commercial truckers who drive long distances on little sleep. This week, a truck driver was sentenced to five years in prison after pleading guilty to aggravated vehicular homicide. The charge stems from an accident in 2010 on the Ohio Turnpike that killed a Maryland woman and seriously injured her two children. The woman, a professor at Stevenson University, was returning to Cockeysville with her sons after visiting relatives. According to police, the truck driver fell asleep, causing his tractor-trailer to crash into the family’s car and slam into five other vehicles just outside Cleveland. The woman’s husband said he didn’t take any pleasure in seeing the truck driver go to prison, but hoped the case would bring more attention to the issue of driver fatigue, especially as it applies to long-haul commercial truck drivers. These drivers face tremendous pressure to deliver their goods on time, leading many to drive for long stretches without adequate rest. Although laws exist to limit the amount of time truckers can drive before taking a mandatory break, these laws are not easily enforced. It’s not clear how long the trucker had been driving when he fell asleep at the wheel. But even truckers who follow the law can face a civil suit for personal injury or wrongful death if they fall asleep and cause an accident that injures or kills someone. Truckers who are paid by the mile instead of the hour may see rest times as lost wages, but that lost time and money pales in comparison to that of a prison sentence or damages owed in a civil lawsuit after a serious accident. Source: Baltimore Sun, “ Driver whose truck hit, killed woman gets five years,” Candus Thomson, Jan. 12, 2012

You might assume that if you’re killed in an accident, no one will hold you liable for any damage you or your vehicle might have caused. But a recent court case is blowing that assumption out of the water. An 18-year-old man who was killed in a horrific train accident is being sued posthumously. In 2008, he was running to catch a train in the pouring rain. The train struck him, severing some of his body parts, which then went flying toward a woman. As a result she broke her wrist and leg. In her court case against the young man’s estate, the court found it was “reasonably foreseeable” that the train would kill the man. The woman’s lawyer said the lawsuit should be treated like any other negligence case. If a train passenger is injured in an accident after the engineer hit the brakes, the lawyer said, that person would have a solid personal injury case, and that this was no different. Although the case is highly unusual, it’s not the first time a dead person has been sued for causing injury. In 2010 a police officer sued the victim of a fatal shooting, saying that the victim had injured him with his car. Do lawsuits like these go too far? Although the case of airborne body parts might be a gruesome one, it does make the point that people can be injured by almost anything in an accident, and the cost of treatment and recovery from those injuries can be expensive. Those who balk at the notion of suing an estate for injuries suffered in a fatal accident might find themselves in a similar position. Sometimes you don’t know how you’ll react to a situation until it comes flying at you. Source: Huffington Post, “ Hiroyuki Joho, Man Killed By Train, Sued After His Flying Body Parts Injured Woman,” Dec. 29, 2011

Gambling is a popular pastime for many in the Old Line State, whether it’s at a casino or the racetrack. People who come to play the slot machines or put their money down on a favorite horse know there are no guarantees, and that they could risk losing everything with a roll of the dice or a pull of the slot machine arm. But they do it anyway, because they love the rush they get when they win. Although gamblers realize that their actions could hurt their wallet, what they don’t anticipate is getting physically injured in some way. But that’s what happened to one man who filed a lawsuit recently. The Maryland man went to the Hollywood Casino in Perryville in November 2009, where he played the slot machines, according to a court complaint. He claims he was seated in a chair that was adjacent to the row of slot machines. The chair was attached to a rack assembly that was attached to the floor of the casino, which is designed to be fixed and immovable to ensure the safety of casino patrons. But he fell out of the chair and was injured, the court complaint said. The lawsuit claims the chair was negligently installed, inspected and maintained by the casino, which caused the chair to be unattached to both the assembly rack and the floor. He’s seeking compensation for his injuries, which were undisclosed. Patrons of a casino, racetrack or any other facility that is centered around entertainment have the right to enjoy themselves without having to worry about the furniture they’re sitting on or other amenities. While it’s unclear if or how the casino’s parent company, PNGI Charles Town Gaming, has responded to the lawsuit, not taking a personal injury lawsuit seriously would be a gamble in itself. Source: The West Virginia Record, “Md. man files suit after fall at Charles Town Races,” Kyla Asbury, Dec. 27, 2011

Call it a simple fact of modern life: car accidents happen. You’ve probably heard people talk about all the supposedly dangerous activities that, from a statistical point of view, are safer than traveling in a car: There are more car accidents than plane crashes. You’re more likely to be injured in an auto collision than while bungee-jumping. This may be true, but these facts don’t make the pain of a car accident any easier to take, especially when the traffic crash involves circumstances you can’t control, such as the other driver’s behavior. A baby was seriously injured in a car accident on Friday in Ocean City, Maryland. According to police, a speeding pickup truck rear-ended a car that was stopped at a red light. The car was carrying an 18-month old child in the back seat and one adult, the driver. The baby was airlifted to a hospital and remains in critical condition. Both drivers also went to a hospital, where the driver of the truck was treated and released. Police said they searched the truck and found an unspecified amount of PCP. They also gave a field sobriety test to the driver, who allegedly tested positive for being under the influence of the drug. He’s been charged with possession and driving under the influence and is currently being held in jail on bond. It’s not clear what injuries the baby suffered or whether she’s expected to fully recover. Children her age are not fully developed and are more susceptible to permanent damage. They can also take longer to heal. But whether she recovers quickly or is left with injuries that will require long-term care, her family is likely go after the other driver for compensation, especially if he’s found guilty of the charges against him. Source: WBOC.com, “ Update: Man Charged in O.C. Car Crash That Injured Infant,” Kye Parsons, Dec. 19, 2011

You don’t have to be a doctor to be familiar with one of the main tenets of the Hippocratic Oath: Do no harm. That’s one of the central issues of new medical malpractice lawsuits lodged against a handful of Baltimore County surgeons accused of performing unnecessary heart surgery on some patients. In one of the lawsuits, patients of two surgeons claim they were misled about the extent of their need for mesh stents to widen blood vessels suffering from arterial blockages. The hospital where the surgeons practiced notified more than 500 patients that they may have had unnecessary stent surgeries. And there’s concern among doctors, lawyers and legislators that the practice extended well beyond these cardiologists and their hospital. The business of stent surgery is a lucrative one, which is why health care regulators and courts are concerned about wasteful spending and fraud. Although he hasn’t been accused of any crimes, one of the doctors in the aforementioned lawsuit, a former chief of cardiology at a Baltimore County hospital, has more than 200 cases pending against him. The malpractice cases must prove two points: that the doctor was negligent, and that the negligence caused harm. That might be difficult to prove because even if a patient’s arterial blockage was exaggerated, it could be argued that the stent was still necessary. And even if it wasn’t immediately necessary, a doctor could say that eventually it would have been, and that the patient simply received it earlier than they absolutely needed it. The first 25 of the 200 cases against the former cardiology chief are scheduled to be heard in 2012. The outcome of those lawsuits could affect the verdicts of the rest of his cases, as well as those of the other latest surgeons to be accused. Of course, no two medical malpractice cases are exactly the same. Those who suspect they had unnecessary stent surgery will still be well within their rights to seek compensation if they were lied to for the sake of profit. Source: Baltimore Business Journal, “ New Midei cases ensnare three more stents doctors,” Scott Dance, Dec. 15, 2011

As any parent can attest, kids come in all sizes. Some are small for their age, and others are, yes, overweight. No matter what size they are, they deserve to be protected from harm, and parents expect that from products designed for safety. That includes child car seats. A recent study explored whether car seats adequately protect children of all sizes, even those who are overweight or obese. The study, conducted by the Center for Injury Research and Prevention at The Children’s Hospital of Philadelphia, included 1,000 children ages 1 to 8 who had been in properly installed car seats appropriate for their height and weight when they were involved in a car accident. The researchers found that there was no increased risk of injury for large or overweight children. This suggests that the range of sizes for infant, booster and child safety seats available on the market is currently adequate. The researchers stress, however, that the car seat must be installed properly. Babies and toddlers should sit in a rear-facing seat for their first two years unless they’ve already reached the height and weight of a seat for an older child. Just as you wouldn’t strap your infant into a seat belt in the front seat, it’s important not to have the wrong car seat or position for a child of any age. One of the best ways to determine the appropriate seating is to discuss your child’s size with a pediatrician. As one of the researchers pointed out, there is no one-size-fits-all when it comes to car seats. Your younger son may outgrow his seat and the rear-facing position at an earlier age than your older daughter did. Children are especially vulnerable in car accidents; they’re the No. 1 cause of child death and injury. And while finding the best car seat fit for your child isn’t a guarantee he or she won’t be hurt, it can greatly reduce the likelihood. Source: Torque News, “ Car Seats Safe for Overweight Kids Too,” Nov. 28, 2011

When you first get behind the wheel as a teenager, the experience can be both exciting and nerve-racking. You feel as though you’re officially not a kid anymore and are excited about the freedom you’ll gain once you finally obtain your driver’s license. There can also be a sense of fear as you realize you’re in control of a machine that weighs thousands of pounds and has the capacity to cause damage to structures and people. One young student driver in Maryland got a scare and an early lesson of what can happen on the road. Though it wasn’t his fault, the car accident is likely to stay with him for as long as he holds a license. The crash happened last week in Anne Arundel County. A 53-year-old woman was driving behind the 16-year-old student driver’s car and rear-ended it near an intersection. The car continued on and collided with a second vehicle, splitting it in half. The driver whose car hit the two others suffered minor injuries and was taken to a hospital, as was the passenger of the young driver. Suffering the most critical injuries was the driver whose car was split in two. The crash is still under investigation, and while alcohol didn’t play a role, the driver could be held liable for the other people’s injuries. If the passenger of the driving student was working as an instructor at the time, she could be eligible for workers’ compensation. And the 16-year-old himself? He wasn’t injured, but as a new driver, he may have been shaken after the car was hit. If anything positive is to result from this crash, perhaps it’s that he’ll remember how quickly accidents can happen. Source: Baltimore Sun, “ 3 injured in crash near Londontowne,” Steve Kilar, Dec. 3, 2011

The smoking-cessation drug Chantix appears to be a dangerous product, with risks that outweigh its benefits, according to Dr. Curt Furberg of Wake Forest Baptist Medical Center. He is the co-author of a new study that shows people taking Chantix are far more likely to attempt suicide and experience serious depression than people using other types of smoking-cessation treatments. The new study contradicts two recent government studies conducted by the U.S. Food and Drug Administration (FDA). In those studies, researchers counted how many people were hospitalized for psychiatric problems and found there was no difference in hospitalization rates for people using Chantix and those using nicotine patches. Dr. Furberg said this was not the right way to measure the extent of the problem because many people who attempt suicide, are depressed or have other serious psychiatric problems are not hospitalized and would not have been counted in the FDA study. Dr. Furberg’s study looked at data from 12 years of reports to the FDA of depression or self-injury. He found there were more than ten times as many reports of adverse events for Chantix users as there were for users of Zyban, another popular smoking-cessation drug. Even fewer users of nicotine-replacement products, such as the patch, reported serious adverse psychiatric events. Dr. Furberg wants the FDA to restrict Chantix so that it won’t be used as a first-choice treatment, but instead would only be prescribed to individuals who already tried and failed to quit with other types of smoking-cessation treatments. Source: Reuters, “New study says Chantix raises suicide risks,” Julie Steenhuysen, Nov. 2, 2011

It is always tragic when a young person dies in a motor vehicle accident. On Oct. 20, a 23-year-old Morgan State University senior with a promising future died in a car accident at approximately 10:30 p.m. The crash took place in the Fells Point neighborhood in Baltimore, and resulted in the death of an 18-year-old front seat passenger in another vehicle. The student was homecoming king at the university, and he was scheduled to graduate soon with a degree in telecommunications. He had already been hired to work at the Maryland Transit Administration (MTA) after graduation. He had previously interned there, spearheading the agency’s social media projects, including projects on Facebook and Twitter. An MTA spokesman stated that he had helped create the MTA’s slogan, “Ride, Respect, Relax,” and that he had also worked on aspects of the agency’s public safety campaign. The student was driving a Dodge Durango and traveling north when his vehicle and a Mitsubishi Eclipse crashed into each other. Police investigators speculated that one of the vehicles may have been speeding and are looking into the possibility that one of them continued into the intersection despite a red light. Officers were reported to be planning to conduct interviews with a number of persons believed to have witnessed the accident. Police also reported that the driver of the Mitsubishi and a passenger in the Dodge were injured, but these injuries were described as minor. According to a story in the Baltimore Sun, students at Morgan State University were in mourning for the popular senior, and grief counselors were available to help students cope with the tragedy. Source: Baltimore Sun, “ Popular Morgan State student among two killed in Fells Point crash,” Peter Hermann, Oct. 21, 2011

A 12-year-old Amish girl died in a fatal accident in California, Maryland, when a pickup truck hit the horse-drawn buggy she was riding in. The girl and two other passengers who were riding in the buggy were all ejected when the impact happened. The other passengers were treated for injuries resulting from the motor vehicle accident. The accident occurred shortly after dark, at 7:40 p.m. The Amish buggy was attempting to cross the intersection of Route 5 near Mount Wolf Road on a green light. Reportedly, the light turned red before the buggy cleared the intersection, and a Ford 150 hit the buggy. The driver of the truck said he did not see the buggy in the intersection. Police are investigating the accident. Thus far, they have found no evidence that alcohol, drugs or speed played a part in the accident. Accidents between cars and buggies are all too common. Last summer, a 3-year-old Amish girl died when a semi-tractor trailer rear-ended her family’s buggy. The driver in that incident, a 52-year-old Illinois man, was cited for driving under the influence of drugs. In an accident in Kickapoo, Wisconsin, two Amish buggy passengers were airlifted to hospitals after a car rear-ended their buggy on U.S. Highway 14. An 11-year-old girl was killed in an accident in Congress Township, Ohio, when a truck hit their buggy as she rode home with her family from a produce auction. A victim of a motor vehicle accident may be entitled to compensation whether or not police cite the other driver for a driving offense. Accident victims should consult with a personal injury attorney to determine whether they have a civil claim. Sources: SoMD.com, “Truck Strikes Amish Buggy; 12-year-old Girl Dead,” Oct. 3, 2011 NewsChannel5.com, “3-year-old Dies in Horse and Buggy Crash, July 9, 2011 MapMinistry.org, “Buggy Accidents”

However well people may drive, where they live affects what they pay for car insurance. That is one reason drivers in Baltimore and Washington, D.C. cannot afford any moving violations on their records. They already live among the most unsafe drivers in the United States, according to Allstate’s 2010 Best Driver’s Report. Allstate bases its annual review on per capita frequency of car accidents in selected American cities. Baltimore and D.C. came in at the bottom, ranking at numbers 192 and 193 respectively. D.C. drivers are more than twice as likely to get in accidents, with a rate 107.3 percent higher than average. They go an average 4.8 years between crashes. Baltimore drivers go 5.3 years between accidents, but still have an 88.7 percent greater likelihood of an accident than the national average. Accident rates for both cities have increased over the prior year. By contrast, Allstate identifies Fort Collins, Colorado and Boise, Idaho as the safest and second-safest cities to drive. Fort Collins gains the honor for the second year in a row, while Boise replaces Chattanooga for second place. Fort Collins drivers tend to go 14 years between accidents, with a 28.6 percent lower chance of having an accident. Unfortunately, Allstate’s report seems to confirm what we have often observed on Maryland roads. It only takes a few seconds for a bad driver’s irresponsible driving to have long-lasting effects on an injury victim. However, people who have been injured in a car wreck have the legal right to seek compensation from the person who caused their injuries. If you have questions about receiving compensation for a car accident injury, an experienced personal injury attorney can help. Source: WTOP.com, “D.C., Balto. rank at bottom of best drivers report,” Sept. 1, 2011 Allstate, “Seventh Annual “Allstate America’s Best Drivers Report” Reveals Safest Driving Cities,” Sept. 1, 2011

In June, we wrote that the Consumer Product Safety Commission had introduced new crib safety standards in order to prevent injuries to infants. That change was long overdue. However, many potentially dangerous cribs are still on the market. The CPSC has found that drop-side cribs manufactured before June 28 are dangerous products and unsafe for children to sleep in. The CPSC found that cribs manufactured before this date do not have the hardware, mattress supports, or slats that are needed to stand up to long-term use. Based on this information, the CPSC introduced new safety standards that effectively banned most cribs that were made before June 28. Despite the new safety standards and the 32 deaths that have resulted from inadequate drop-side cribs, Craigslist and eBay still have some of these cribs for sale. It is easier for conventional stores that operate out of a physical storefront to halt the sale of products. They have systems that help the stores to take the banned or recalled products off the shelf immediately. It is not the same with online stores, especially ones where individual users control what items go for sale on the site. According to the CPSC, eBay has promised that all listings selling the drop-side cribs will be blocked within the next few weeks and that the process has already started. However, a number of users are still selling the illegal cribs. Craigslist, however, is not adhering to the ban as well as eBay. The site replied to the CPSC’s concerns by stating that they have “updated” their prohibition notices and information page, but that listings have been and will be controlled by site users. There are a number of other websites for parents that have had the illegal cribs for sale, such as MyStrollers.com and Babyhaven.com. However, upon becoming aware of the CPSC’s warning, these sites have removed all listings of the dangerous cribs. Source: USA Today, “ Illegal used cribs still for sale on Craigslist, eBay,” Jayne O’Donnell and Oliver St. John, Aug. 8, 2011