Victims of Metro Crash Have Good Reason to Be Angry

Those injured and the families of those killed in the metro crash in Washington, D.C. have good reason to be angry. Evidence is emerging that WMATA, the entity that owns and operates Metrorail in Washington, D.C., failed to perform required maintenance on the train's brakes, failed to modify aging train cars, and failed to take cars out of service that were outdated. News agencies are now reporting that 9 individuals were killed in the crash including an elementary school employee, distinguished members of the armed forces (including Major General David F. Wherley, Jr.), and young entrepreneurs aged 23-64. The NTSB is investigating the crash and preliminary reports indicate that the cause was a communication breakdown between operators, failure of the signal/automatic operation system and operator error (failure to apply emergency brakes). Evidence has also emerged that the striking train was amongst Metro's oldest in its fleet of trains. In fact, several years ago federal regulators told Metro that the car needed to be enhanced and strengthened (or put out of service) if they were going to continue to use it. Metro apprently did not listen to this simple recommendation. Evidence has also emerged that a similar incident (albeit without the tragic results) in 2005 where the metro signal system failed between Foggy Bottom and Rosslyn. Unfortunately, the operator of the train that apparently caused the crash died (Jeanice MacMillan, age 42 from Springfield, VA). Therefore it is unlikely we will learn exactly what happened. But one thing is for sure--the weather was clear. It was light outside. While there is absolutely no reason on the planet earth that Ms. MacMillan should have crashed the train into the stopped train in front of her, it is unfair to blame the crash solely on Ms. MacMillan. That is too easy since she is not here to defend herself. WMATA is to blame. They had an outdated train that they were told to take out of service and they did not. They need to be held accountable, and criminal charges should be considered againt the individuals who made this tragic decision. Our thoughts and prayers go out to the victims including the deceased and their families: David Wherely, Jr, Lavonda King (from Washington, D.C. NE), Ana Fernandez, Veronica Dubose, Mary Doolittle, and Dennis Hawkins. The phone number to call for information about possible victims is 866-797-4930 or just dial "311."

Information to Families of those Hurt or Killed On The Metro Train Accident

Our thoughts and prayers go out to those injured and families of those killed in today's Metro Accident that occurred in Northwest Washington, D.C. between the Takoma Park station and the Fort Totten Station. If you need information about passengers on the train, you should call 202-727-9011 or, from the Washington, D.C. area, just dial "311." Metro has advised riders to avoid the red line until further notice. The train accident occurred at 4:59 pm today and news reports indicate that 6 people were killed and about 70 were injured. Mayor Fenty descibed the metro train crash as the worst in its 33 year history. Although WMATA (the owner/operator of Metro) has not indicated the cause of hte crash, it seems that one train was stopped and another struck the stopped train in the rear essentially ripping the METRO cars apart. The operator of one of the trains is reported to have been killed in the crash. One of the passengers on the train when it crashed, Jodie Wickett (a nurse), indicated that she felt a bump and then the train came to a halt. Then, a few seconds later there was an impact and everyone went flying. The NTSB will certainly investigate this crash and determine its cause. It has been reported that in the history of metro rail system, there have only been 3 major collisions between trains--in 1982, 2004 and the one today (June 22, 2009). If you or your loved ones are considering bringing a legal claim against Metro relating to this crash, you should know the following: (i) there are likely causes of action for negligence and product liability involved in this, and it will be important to make sure that all evidence is preserved properly, (ii) The statute of limitations for negligence claims in Washington, D.C. is generally 3 years from the date of the incident, (iii) WMATA (Washington Metropolitan Area Transit Authority) which owns and operates the metro rail system in Washington, D.C., Maryland and Virginia, has a staff council office in Washington, D.C. In or experience, they are difficult to deal with and often do not treat those injured as a result of their operators negligence fairly. IF YOUR LOVED ONE WAS KILLED IN THE ACCIDENT, YOU SHOULD KNOW THAT THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH CLAIMS IN WASHINGTON, D.C. IS ONE YEAR. Therefore it is crucial that you act quickly and hire a qualified lawyer to pursue your claims. When an indiviual dies as a result of a train accident in Washington, D.C. there are two claims that need to be considered: (i) Wrongful Death Claim, and the (ii) Survival Claim (brought by the estate of deceased). The damages available for each of these claims are quite different. For more information on wronful death and survival claims click here: http://www.gfmlawllc.com/wrongful-death.cfm
To see the Washington, D.C. law on wrongful death and survival click here: http://www.gfmlawllc.com/dc%20death%20law_20070516093826.pdf
For more information about your legal rights if you or someone you love was injured in this terrible metro bus crash call us at 301-589-2999 x102. We are located just a block from the Silver Spring Red Line Metro Station.

Maryland Association for Justice

As the President-Elect of the Maryland Trial Lawyer's Association, I am proud to report that the Maryland Trial Lawyer's Association (MTLA) is now officially the Maryland Association for Justice (MAJ). The name change vote occurred last night (October 29, 2008) in Baltimore, Maryland. I stronly believe that the Maryland Association for Justice is a much better name for our organization because it describes what we do rather than who we are. I am extrememly proud to be a trial lawyer. But what we do, day in and day out, is fight for justice for our clients. We strive to keep families safe, and to protect access to the Courts. It is important that our organization's name describe what we do, rather than simply state who we are. As trial lawyers, our fight is on behalf of the "little guy" and it is typically against big insurance companies, big corporations, and powerful special interests.

I am also proud to report that MTLA (now the Maryland Association For Justice) was awarded the Best Project Award by the Maryland State Bar Association. This was for MTLA's School Project whereby our trial attorney members go into the various high schools throughout the State of Maryland and give presentations on the Civil Justice System. Louise Locke and David Wildberger are responsible for putting this incredible program together.

Potential Liability for Fairfax Apartment Complex

Assistant Property Manager Charged in Slaying at Apartment
By Mark Schofield

Gini Orange, a 29 year old Fairfax County woman who worked for the Futures Industry Association, was found murdered in her apartment on September 25, 2008. This is a horrible crime and an unspeakable act, and our thoughts and prayers are with her family at this dark hour.

Fairfax County police recently arrested Mark Lawlor, a 43 year old man who worked as an assistant property manager for the Prestwick Apartments, in connection with Ms. Orange's slaying.

According to published reports in The Washington Post, Lawlor was arrested in November of 1998 for breaking into a Great Falls, Virginia, home and abducting a former girlfriend. Court records raise the question of how and why this man was even employed in the first place by the apartment complex. According to the Washington Post, He pled guilty to the charges and was sentenced to six years in prison. He was released in 2004, yet sent back to jail twice for violating his probation, including arrests for drunken driving and cocaine use. Yet this apartment complex apparently saw it reasonable to employ this man as an assistant property manager, presumably with access to tenant's homes.

Police indicated that there was no sign of forced entry to Ms. Orange's home.

The apartment complex could face civil liability in connection with this horrible act. Liability for negligent hiring is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury or others. If media reports are accurate, then a quick search of court records by the apartment complex would have turned up the abduction arrest and jail time, as well as the subsequent jail stints for probation violations. The individual hired in this instance had a record of crimes under his belt which would give a prospective employer pause, especially the arrest and guilty plea to the abduction of an ex-girlfriend. The apartment complex should have taken steps to protect its tenants, and if it failed to do so, they may face civil liability and lawsuits for that failure. The statute of limitations for negligence actions in Virginia is two years. The Virginia Supreme Court discussed the tort of negligent hiring and has stated:

As we recently have stated, the cause of action for negligent hiring “is based on the principle that one who conducts an activity through employees is subject to liability for harm resulting from the employer's conduct if the employer is negligent in the hiring of an improper person in work involving an unreasonable risk of harm to others.” Southeast Apartments Mgmt. v. Jackman, 257 Va. 256, 260, 513 S.E.2d 395, 397 (1999).


"Liability for negligent hiring is based upon an employer's failure to exercise reasonable care in placing an individual with known propensities, or propensities that should have been discovered by reasonable investigation, in an employment position in which, due to the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. Id. Mere proof of the failure to investigate a potential employee's background is not sufficient to establish an employer's liability for negligent hiring. Majorana v. Crown Cent. Petroleum, 260 Va. 521, 531, 539 S.E.2d 426, 431 (2000)."

Interim Personnel of Central Virginia, Inc. v. Messer 263 Va. 435, 440, 559 S.E.2d 704, 707 (Va.,2002.


This was a terrible accident, and legal representation is certainly not on the minds of the grieving family. However, it is crucial that the families of accident and crime victims retain experienced legal counsel to be sure that appropriate steps are taken so that the loved ones of those killed and injured receive fair compensation from anyone proven to be at fault in this accident. Our attorneys are certainly available to consult with families of accidents such as this one. We can be reached at 301-589-2999.

Medivac Helicopter Crash in Prince George's County, Maryland

I woke up this morning to the terrible news that a Medivac helicopter crashed last night in Forestville, Maryland killing 4 of the 5 people on board. The plane went down in Forestville, MD as it transported two accident victims from the scene of the accident to the hospital. The helicopter pilot, flight paramedic, emergency responder and one of the accident victims died. The medical helicopter is operated by the Maryland State Police. Our thoughts and prayers go out to the families of those killed in the crash. Emergency Responders such as paramedics and flight pilots are indeed, heroes who work hard every day, and put themselves at risk to help those injured in accidents, and it is just terrible that this happened.

Although legal representation is the last thing that the families of those killed and injured are thinking about, it is important that they retain experienced legal counsel immediately. Attorneys experienced in representing victims of airplane accidents will generally undertake an independent investigation of the cause of the crash (Quite often, the investigations conducted by the Federal Goverment are biased or incomplete), and monitor investigations conducted by Government officials. Evidence of any defective product that could lead to a product liability claim needs to be preserved. There are additional steps that need to be taken and considered to preserve the victims legal rights. For example, if there is a claim against the State of Maryland, notice needs to be provided under the Maryland Tort Claims Act to the State Treasurer within a year of the incident. If there is a claim against agents of any Local Government (e.g. Prince George's County), notice needs to be provided within 180 days. If surviving victims inted to make a workman's compensation claim, that generally needs to be made with the Worker's Compensation Commission within 60 days of the incident.

This was a terrible accident, and legal representation is certainly not on the forefront of the grieving families minds. However, in this era of tort reform, it is crucial that the families of accident victims retain experienced legal counsel to be sure that appropriate steps are taken so that the loved ones of those killed and injured receive fair compensation from anyone proven to be at fault in this accident. Our attorneys are certainly available to consult with families of accidents such as this one. We can be reached at 301-589-2999.

SLEEP RELATED CRASH PROMPTS FEDERAL CALL FOR ACTION

According to a Federal safety board, trucking companies should work harder to enforce that their drivers get rest, and the Federal government should move toward mandating the use of alarm systems to alert exhausted truckers. While drivers are ultimately responsible for getting enough rest, trucking companies and the government should also make the nation's roads safer by studying fledgling technology that would keep drivers alert, the National Transportation Safety Board (NTSB) said after a hearing conducted on Tuesday, September 16, in Washington, D.C.

The board hearing was held in response to an early-morning crash in western Wisconsin three years ago. In that crash, a bus carrying a high school band slammed into an overturned semitrailer, killing five people. NTSB investigators concluded that the truck driver fell asleep at the wheel and began to drift off the interstate's shoulder. When the truck driver swerved back onto the road, the rig overturned. Shortly later, the bus drove right into the overturned truck.

The crash occurred around 2 a.m. on Oct. 16, 2005, on Interstate 94 near Osseo, Wisconsin. The NTSB found that the brakes on the bus had not been properly maintained, but said that poor visibility meant the bus driver could not have avoided the rig even if the brakes were in ideal condition. The driver of the semi, Michael Kozlowski, of Schererville, Indiana, was not seriously hurt. Last year, a jury acquitted him of negligent homicide, causing great bodily harm by reckless driving and causing injury in the crash.

At the trial Kozlowski, through counsel, argued that he did not fall asleep. This argument was countered by NTSB investigators, who stated that said their research suggested Kozlowski did fall asleep. Onboard equipment indicated the truck left the road at a gradual angle without slowing, and witnesses reported seeing the truck drift, according to NTSB investigators. Kozlowski's lawyer, Daniel A. Haws, said the NTSB's arguments had been dismissed by the jury in the criminal trial. "The evidence they use to say he fell asleep, the jury heard the exact same thing and said they didn't believe it," he said.

Kozlowski was on a 430-mile trip to haul groceries for Whole Foods Market Group. The crash occurred after he traveled about 320 miles from Munster, Indiana, to St. Paul, Minnesota. Records show that Whole Foods gave Kozlowski sufficient time to rest between assignments, but the NTSB said Kozlowski had not filled in his log book as required for five days before the crash.

At the hearing, NTSB board member Debbie Hersman proposed that Whole Foods Market Group be asked to implement a comprehensive fatigue-education program for its drivers. The board approved the proposal. The NTSB also called upon the Federal Motor Carrier Safety Administration to step up enforcement of trucking companies, making sure their record-keeping is up to date and drivers are being given adequate time to rest.

The hearing covered other means of making the roads safer. Investigators debated the use of technology designed to warn of impending collisions and automatically engage the brakes. They discussed concerns that automatic braking could interfere with the stability of large rigs, so the board recommended that the National Highway Traffic Safety Administration study the technology and mandate its use if it proves effective.

An NTSB investigator also discussed technology that detects when a vehicle is veering from its lane and alerts the driver with a light or an alarm. Even low-tech measures are effective. The NTSB investigator said studies found that rumble strips on the road reduced drift-off crashes by up to 60 percent.

While the measures discussed at this hearing indicate that the National Transportation Safety Board is serious about making roads safer for passengers, the simple fact of the matter is that human error is almost always a factor, especially in severe accidents. In some of these cases, the human error that occurs is a result of the current trucking system, which itself is flawed. Trucking companies pay more to drivers who deliver their loads ahead of schedule, proving a financial incentive for drivers to cut corners to conserve time. Every day, thousands of truck drivers transport huge loads on America’s highways, and are entrusted to take due care to protect themselves and those around them. While most truckers adhere to their duty to fellow drivers in a professional and courteous manner, it only takes one to cause a serious, or even fatal, accident. If you or a loved one has been injured as a result of an accident with a tractor-trailer, call the attorneys at Goldberg, Finnegan & Mester, LLC at 301-589-2999 today for your free consultation.

Automobile Safety Group Seeks to Raise Driving Age

For most teenagers in America, obtaining a driver's license is considered a rite-of-passage, part of growing up and asserting their independence. However, if the Insurance Institute for Highway Safety has its way, states will raise the driving age from 16 to either 17 or 18. Adrian Lund, president of the Insurance Institute for Highway Safety, a research group funded by the auto insurance industry, acknowledged the idea is "a tough sell," but noted that car crashes are the leading cause of death among teenagers. "The bottom line is that when we look at the research, raising the driving age saves lives," Lund said. He plans to present the proposal Tuesday at the annual conference of the Governors Highway Safety Association in Scottsdale, Ariz.

According to an extensive study conducted by the Insurance Institute for Highway Safety, licensing at later ages would substantially reduce crashes involving teen drivers. The study states that this same conclusion has been reached in other countries. Teens in Great Britain and most Australian states can't get their licenses until they turn 17, for example. In most countries in the European Union the driving age is 18.

As part of their evidence in support of this idea, the Insurance Institute for Highway Safety points to New Jersey. Among US states, only New Jersey holds off licensure until age 17, and a recent analysis of the crash experience of young drivers indicates the benefits. A rate of 4.4 16-year-old drivers per 100,000 population were in fatal crashes during the study years, compared with 20.7 per 100,000 in neighboring Connecticut, where 16 year-olds could get licenses. The lower death rate in New Jersey was offset by a slightly higher rate at age 17 (32.3 versus 31.1 per 100,000), but the combined rate for 16 and 17 year-olds still was much lower than in Connecticut. These comparisons don't reflect the benefits of graduated licensing in either state because the study years, 1992-96, were before graduated systems began to be adopted in New Jersey (2001) or Connecticut (1997).

The Institute also examined eleven recent studies which looked into the effects of age and experience upon traffic crashed. According to their examination of these studies, the weight of evidence is that age and experience have important, independent effects on crash risk, even after differences in driving mileage are accounted for. The studies consistently found that teenage drivers had dramatically higher crash rates than older drivers, particularly drivers older than 25, after controlling for length of licensure. Studies that distinguished 16 year-olds found that crash rates for novice 16 year-olds were higher than rates for novice 17 year-olds, but crash rates for novice 17 year-olds were not consistently higher than rates for novice 18-19 year-olds. With regard to experience, the weight of evidence suggests a steep learning curve among drivers of all ages, particularly teenagers, and strong benefits from longer licensure. Of the studies that attempted to quantify the relative importance of age and experience factors, most found a more powerful effect from length of licensure. The findings lend support to delaying licensure among teenagers in the United States, where licensure commonly is allowed at age 16, and to graduated licensing systems that phase in unsupervised driving during high-risk situations as teenagers gain independent driving experience.

Safe driving is a civic responsibility, and all drivers, regardless of age, owe their fellow drivers the care and attention commensurate with that responsibility. According to the World Health Organization, not only do 3000 people die on the world's roads every day, but tens of millions of individuals are injured or disabled each year as a result of traffic accidents. When it comes to reducing traffic injuries or fatalities, every option should be on the table. If you or a loved one has been injured as a result of a traffic incident, call the attorneys at Goldberg, Finnegan & Mester at 301-589-2999 today for your free consultation.

Mark A. Schofield, Esquire