Washington, DC Personal Injury Lawyer - Car Accidents

First Serious Winter Weather Causes Numerous Car Wrecks

David Tompkins — Sat, 19 Jan 2008 16:15:50 GMT

Icy road in the Washington D.C. area contributed to a number of car accidents this week. Car accidents are not caused by snow, but by inexperienced drivers. People who don't know how to drive on snow go too fast for conditions and hurt other people and themselves. Insurance companies never find their driver negligent for driving too fast for snowy or icy conditions. Adjusters will always blame the snow, and pay injured people nothing.

Icy conditions, really the first of this year, contributed to numerous car accidents this week. According to NBC4, at least one fatality in the area can be attributed to the weather.

According to this article, one person driving an SUV died when he lost control (going to fast for conditions), was hit by a semi, then pushed off the road on Route 15. The driver died of very serious injuries caused by the collision. The driver of the semi suffered what the article describes as minor injuries.

The article goes on to describe accident after accident caused by snow, ice and weather.

But let's get seroius here. The SNOW did not cause the collision. Poor, unsafe driving causes these collisions. In our society, we just have to get there as fast as we can!

Even more telling is how many of these collision involved SUVs. These large, 4 wheel drive trucks are driven by inexperienced drivers on our roads. What I mean by inexperienced is that the drivers are those who don't really understand how to drive in the SNOW, not how much they drive in general. Driving a 4 wheel drive vehicle will get you moving, but does not help you stop on the snow (at all) and does not really help that much at steering. The person with little experience in the snow will get their large, top heavy vehicle going forward, but can't stop. They become a cannon-ball on the road.

So please, DC drivers, take your time when it is snowing. If you are late, be late and stay alive.

When one of these snow-speed-demons hits you or a loved one, contact an attorney to assist you. Almost guaranteed the insurance company for the other person won't find their driver negligent for driving too fast. The adjuster will blame the snow, and pay you nothing.

Originally posted at InjuryBoard by David Tompkins

Text Messaging on Cell Phones While Driving Dangerous Idea

Shannon Weidemann — Tue, 24 Jul 2007 18:05:24 GMT

A recent study by a researcher at the University of Utah at Salt Lake City has found that drivers that engage in text messaging or "texting" on their cell phones are six times more likely to be involved in a car accident. Washington D.C. has banned the use of hand held cell phones while driving but the law does not include text messaging.

John Ulczycki, director of transportation safety for the National Safety Council, said text messaging is among the worst things a driver can do.
"Any time you take your hands, eyes or brain off the wheel it's not good," he said. "With text messaging, you take all three off the wheel."

A study by Nationwide Mutual Insurance Co. found that for drivers between the ages of 18 and 60, 20 percent admitted to using text messaging while driving. The number of people that are using the texting feature on their cell phones increases every year.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

Teenager Killed in Charles Town Accident

Shannon Weidemann — Thu, 21 Jun 2007 17:40:12 GMT

A 13-year-old was killed in a car accident in Charles Town on Sunday. He was being treated for his injuries at Children's Hospital in Washington D.C. when he passed away on Monday.

The victim was in an SUV that

was struck by a Toyota Camry while attempting to make a left turn onto U.S. 340 from Augustine Avenue in Charles Town.

Police believe that the victim's father, who was driving the SUV, was at fault in the accident. The victim's sister was also injured in the accident. She was treated and released for her injuries. The driver and passenger in the other vehicle were also injured and treated at local hospitals.

For more information on this subject, please refer to our section on Automobile and Mototrcycle Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

Washington D.C. Removes Road Test Requirement for Elderly

Shannon Weidemann — Fri, 25 May 2007 15:48:53 GMT

The District of Columbia tried to inact a measure to require drivers that are older than 75 and renewing their license to undergo a written test and road test. Drivers, AAA, and the AARP all protested the new measure saying it was unfair to the elderly. Washington D.C. was trying to prevent motor vehicle accidents.

"We're not going to wait until there's a horrific accident and then wring our hands and say, 'There was nothing we could have done,'" Acting DMV director Lucinda Babers said last week, before Fenty changed the policy.
In the district and elsewhere, officials are bracing for an uptick in older drivers, as aging baby boomers swell the ranks of the elderly.
DMV officials discovered a decades-old law on the district's books that gives the agency the right to require drivers over 75 to retake the road test and the written test upon renewal every five years. The department began using that power in May 2006.

The requirement has now been removed. Instead they will rely on people reporting concerns about elderly drivers on a case by case basis. Drivers over 70 must also appear in person to renew their license.

Originally posted at InjuryBoard by Shannon Weidemann

Police Officer Dies After Parade Accident

Shannon Weidemann — Thu, 19 Apr 2007 23:18:24 GMT

An officer with the Washington D.C. Police force has died from injuries he sustained during an accident on Good Friday. He was helping to block the parade route when he got out of his vehicle to stop a scooter. His car was somehow left in drive.

Police believe that Pitt rushed back to his car to try to put it in park but never got fully inside the vehicle.
The police car continued forward, striking the scooter, a parked car and finally a tree. He was rushed to surgery at Washington Hospital Center for internal injuries. No one else was injured.

He suffered internal injuries and never recovered. His family removed him from life support and he died with them by his side. He had been a police officer since 1986 starting with the Durham police force.

Originally posted at InjuryBoard by Shannon Weidemann

Two People Hurt in Hit and Run Accident

Shannon Weidemann — Sat, 17 Mar 2007 21:44:48 GMT

A man driving a Honda Accord owned by a friend, ran into two people and then fled from the scene on foot. The owner of the car was a passenger. He is unable to drive due to a problem with his driver's license.

D.C. police are looking for the driver of a car who fled on foot after hitting a man and a woman. Investigators said the incident happened just after 11 p.m. on Wisconsin Avenue near Tenley Circle.
Police said the couple, in their 20s, had just gotten off a bus and were attempting to cross the street when they were struck by a light blue four-door Honda Accord.
After the impact, witnesses told police, the driver got out of the car and ran away.

Both people were taken to a local hospital for treatment. They are both expected to recover. The police are still investigating the accident and trying to find the driver. Anyone with information is asked to call them.

Originally posted at InjuryBoard by Shannon Weidemann

Man Killed in Car Accident on Wisconsin Ave.

Shannon Weidemann — Sun, 18 Feb 2007 00:37:28 GMT

A 29-year-old man from Ireland was killed in a four car accident in Washington D.C. early Saturday morning. The victim worked at the Courtyard by Marriott Hotel.

The collision remains under investigation, but D.C. police spokesman Sgt. Joe Gentile said at this time speed and alcohol appear to be contributing factors.
Police closed Wisconsin Avenue for a time in both directions near Woodley Road to allow the department's major crash unit to complete their investigation.

The 42-year-old driver of the vehicle that caused the accident has been charged with second-degree murder.

Originally posted at InjuryBoard by Shannon Weidemann

D.C. Consumer Protection Act--There for the little guy

Staff Writer — Tue, 17 Oct 2006 04:51:43 GMT

A recent ruling from the D.C. Court of Appeals gives me comfort that the Courts recognize the rights of consumers in Washington, D.C. On September 28, 2005 the D.C. Appellate Court issued its ruling in Ford v. Chart One. Although this is not a personal injury case, it exemplifies that the D.C. Court of Appeals takes seriously consumer rights, and will see to it that the Consumer Protection Act is applied properly. District of Columbia residents are protected by a far reaching consumer protection act, and it is important that D.C. residents know their rights. The D.C. Consumer Protection act allows wronged consumers to get triple damages and attorney fees!

Mr. Ford hired a lawyer to pursue a "personal injury" claim on his behalf. His attorney requested medical records from Washington Hospital Center and a received a bill from Chart One. Chart One is a company that medical providers contract with to provide their medical records. Chart One had the nerve to charge Mr. Ford's attorney $38.16 for just six pages of medical records. Mr. Ford's attorney paid this outrageous bill and deducted it as a cost when the case settled. Mr. Ford filed suit against Chart One and sought relief under the D.C. Consumer Protection Act which makes it an unlawful trade practice to "make or enforce unconcionable terms or provisions of sales or leases." D.C. Code Section 28-3904 (r). He also sought class action status. The trial Court denied Class Action certification and also granted Chart One Summary Judgment. The trial court's reasoning (which was criticized and rejected by the Court of Appeals) was essentially that it was not a consumer transaction since the records were obtained by Mr. Ford's attorney and not by him directly. The trial court stated (erroneously) that obtaining the medical records for litigation is a non-consumer purpose.

Fortunately for Mr. Ford, the D.C. Court of Appeals carefully scrutinized the trial court's reasoning, and overruled its dismissal of the case. The Court of Appeals held that the purchase of the medical records by Mr. Ford's personal injury lawyer was indeed a consumer transaction.

More importantly, the Court of Appeals reversed the trial court's denial of class action lawsuit certification, and remanded the case to the trial court for further proceedings consistent with its opinion. At this point is still unclear whether Mr. Ford will be able to pursue the case as class action, but it is clear that Mr. Ford will get his day in Court! If you feel that you have been ripped off or subjected to an unfair consumer transaction, call Goldberg & Finnegan for a free telephone consultation at 202-887-5533.

Originally posted at InjuryBoard by Staff Writer

What's Taking So Long?!!!!!

Tad Farrington — Wed, 04 Oct 2006 16:09:33 GMT

One of the greatest frustrations for personal injury victims is the length of time it seems to take to resolve their claim. Often times the perception is that their lawyer isn't keeping up with the case or the defendant's insurance company is dragging their feet in investigating the matter or making a reasonable offer to settle.

Usually these perceptions are incorrect. However, a victim's attorney may be to blame for these misperceptions if the attorney did not properly inform their client, the victim, of how the process works.

Victims should be told that in most cases no negotiation or settlement discussion will even begin to take place until the victim has completed there medical treatment. A defendant's insurer company will be unwilling to pay for future care, lost income or other damages that have not occurred and are only speculative.

The exception to this rule is when a victim suffers a catastrophic injury. In cases where the injuries are so severe that the victim will require continued medical treatment for years to come or the rest of their life and their personal life and work life are permanently altered, experts will be retained to fully evaluate those future damages.

In either case, the victim's personal injury attorney will only begin to negotiate a fair and just settlement after the completion of treatment or the completion of the evaluations by all of the needed experts. This initial rehabilitation phase or rehabilitation and expert evaluation phase can take months and sometime over 1 or 2 years to complete!

Then negotiations with the defendant or their insurance company will begin. This negotiation process usually takes between 2-6 months.

If the parties cannot settle the matter, a lawsuit must be filed. Once the suit is filed the timing of the proceedings is in the hands of the court system. The court will set a schedule for how they want the case to proceed. Usually it will take another to 12 months to 2 years before the case will go to trial!

With this information in mind, it is easy to see how a significant case can take anywhere form 6 months to 4 or 5 years to be resolved. Victims suffering personal injuries need to be informed of this information at the beginning of the process.

The attorneys at Goldberg & Finnegan, LLC concentrate our practice in helping the victims of auto accidents and medical negligence. We understand victims concerns. We know that it's not just about the result but also about understanding the process and helping ease the victims suffering and fears along the way.

Originally posted at InjuryBoard by Tad Farrington

"Curbside" Buses: What you should know.

Mark Schofield — Wed, 27 Sep 2006 09:31:45 GMT

With fall returning to the District, many of the wonderful things about living here in the nation's capital return, such as the Redskins, and the scores of college students returning to the area. But with the holidays approaching, many students will be searching for the cheapest ride home from the holidays. For many students living in the Northeast, they may turn to the few inexpensive bus lines (often called "curbside" buses) that shuttle people between Washington, Philadelphia, New York, and Boston. But in the wake of a few safety incidents, how safe are they?

According to a recent Washington Post article, "[t]hat question took on new urgency this month as a speeding Fung Wah bus overturned on a freeway ramp outside Boston on Sept. 5, injuring 34." This same article uncovered some more problems with Fung Wah, one of the many curbside bus lines operating in the area.

Records at FMCSA show the following: The same bus that overturned this month had a minor accident in March. In April, FMCSA warned the company against scheduling buses in a way that required drivers to speed. In May, Fung Wah paid $12,950 to settle a case with regulators who charged the company with seven counts of operating a vehicle in violation of federal safety regulations. In 30 months, the company received at least 34 tickets for moving violations, mostly speeding. Last year, a Fung Wah bus erupted into flames on a Connecticut highway.

Senator Charles Schumer's office is at the forefront of investigating these curbside buses and their safety record. His office collected some data that indicates serious safety problems.

The data on driver safety show that Greyhound, in business since 1914, had a driver safety score of 22 out of 100 (the lower the number, the better). Fung Wah: 73. Dragon Coach: 74. New Century: 97. They did better on vehicle safety inspections (Greyhound: 16. Dragon Coach: 27. Fung Wah: 9. New Century: 43). But all three curbside operators got bad marks for "safety management." Greyhound: 0. Fung Wah: 71. Dragon Coach: 99. New Century: 92.

For those who are looking into utilizing a curbside bus for a trip home or a weekend getaway, it is suggested that you visit the Department of Transportation to look into the safety and business records of the particular bus line you are contemplating using. However, given the safety records of some of these companies, what seems like a cheap ride out of town, might soon become a very expensive trip.

Originally posted at InjuryBoard by Mark Schofield