Maryland Motorcycle Accident Lawyer Blog

Prime bicycling weather is all but behind us for this year, but there are always a handful of stalwart bike riders traveling the roadways in and around Rockville, Annapolis, Washington, D.C., and Hagerstown well into the colder months. As such, it would not be ill-advised to throw out this warning to anyone taking to the streets during the evenings to be especially careful when driving or riding this season.

As Maryland personal injury lawyers, my firm hears about dozens of deadly bicycle and motorcycle accidents happening every year where the victim was hit by another motorist who said they never saw the cyclist or biker until it was too late. In many of these roadway collisions, that claim is likely valid, but of course, police department and insurance company investigators many times have the final say.

The point we would like to make, as auto accident attorneys, is that cyclists -- both pedal-powered as well as motorized -- need to exercise caution one the days begin to get shorter and colder. Similarly, passenger car and commercial truck drivers should also take a page from the safety guides and remember to be on the lookout for cycles and pedestrians traveling on the roadside.

While it is incumbent on operators of motor vehicles to make every effort to avoid a dangerous and sometimes deadly traffic wreck, not everyone is sufficiently vigilant in that regard. Every year we read of multiple victims of car-bike and truck-motorcycle accidents along Maryland’s interstates and surface streets. These crashes usually result in some kind of injury to the bicycle or motorcycle rider. Serious, critical and sometimes fatal injuries include broken bones, deep lacerations and bruising of internal organs, as well as closed-head trauma and spinal cord damage.

A little while back we read of a man who was struck and killed by a passing motorist on a Friday evening in the area of Severna Park, MD. According to news articles, Matthew Young, 40, was on his mountain bike heading northbound along a stretch of Veterans Highway when he was hit from behind by a car driven by a 64-year-old Dunkirk man. It’s difficult to say if the accident could have been avoided, however police reports indicated that Mr. Young hit in an area of the highway with little lighting.

Based on reports, the cyclist was in the right travel lane, however the driver of the car that fatally injured him said that he did not see Young prior to the accident. The force of the crash, which apparently occurred sometime around 7:30pm, was sufficient to throw the victim from his bike and onto the windshield of the vehicle. Young was subsequently transported to the shock trauma unit of the University of Maryland Hospital where he later succumbed to his injuries, news reports stated.

According to police investigators, the victim was wearing dark, non-reflective clothes. Investigators said that the bicycle was rigged with a makeshift headlamp, as well as a flashing light attached to the rear of the bicycle. However, according to police, that rear lamp was not activated at the time of the accident.

From their findings, police reportedly did not believe that speed or alcohol were factors in the deadly crash. Investigators cited "bicyclist visibility" as the likely cause of the collision, and made note of the fact that the incident occurred along a particularly dark section of Veterans Highway, which not coincidentally has no shoulder.

Police Investigate Fatal Md. Bike Accident, NBCWashington.com, October 13, 2011

Matthew Jeffrey Young, bicyclist struck, killed in Severna Park, WJLA.com, October 8, 2011

As most parents will attest, seeing one’s child become old enough to ride a bike can be both satisfying and nerve-racking at the same time. Especially these days in cities like Rockville, Annapolis and Washington, D.C., that are densely packed and fraught with potential dangers, parents would be justified in their worry. As Maryland personal injury lawyers and auto accident attorneys, we understand these fears; and if something does go wrong, we try to help the victims and their families recover loses following an accident caused by a negligent driver.

Naturally, as we’ve stated many times, prevention is a much more proactive way to avoid an injury or save a life than trying to put the pieces back together after a severe traffic collision. Especially in the case of cycling and pedestrian accidents, protecting oneself and preparing for the worst beats reacting once the damage is done.

For bikers, there are a number of preventative measures that can make a difference if and when a traffic wreck does happen to a cyclist. Some may argue that if a person rides long enough it is only a matter of time before a rider is hit by a car or commercial truck. In the city, delivery vehicles and large box trucks can be the enemies of the commuting cyclist.

Of course, there is still a relatively large segment of the cycling community that maintains that riding a bike next to other vehicular traffic, such as passenger cars, SUVs and commercial trucks, is not as death-defying as some might make it out to be. These folks will argue, with a fair amount of statistical evidence to back them up, that cyclists are not injured by motor vehicles as often as they are injured through inattention to roadway conditions or other factors that might cause a solo crash.

These safety advocates maintain that bikers are much less likely to be killed by a car or truck hitting them from behind; rather they are more likely to be injured by events involving distracted pedestrians, people walking their dogs, kids and adults on inline skates, or an encounter with another cyclist having lesser riding skills.

Regardless, there are steps that every cyclist should take to avoid the worst-case scenario, that of being injured or killed on their bike. Perhaps the following tips might help better prepare riders for that unforeseen accident in the future, be it a solo bike crash, a pedestrian-related collision or a motor vehicle collision.

Continue reading "Baltimore Traffic Injury Update: Steps to Reduce the Risk of Injury When Cycling in Maryland" »

Sad to say, not everyone’s moral compass functions well under stressful and sometimes life-shattering situations. Such would appear to have been the case a while back when an unknown driver of a smaller SUV crashed into a cyclist in the Brooklyn Park area of Baltimore. Cycling and pedestrian traffic accidents have been in the news for a while now with little sign that the deadly situations Marylanders face daily in urban and densely populated areas will improve in the near term.

It’s hard to say for certain, but personal injury accidents involving bicycles and cars or commercial trucks have always been more serious than solitary biking crashes. Of course, hitting a tree or other stationary object at 20mph or more on a bike can result in traumatic brain injury, also referred to as closed-head trauma. This is in addition to other, less life-threatening conditions like cuts, lacerations and simple bone factures.

Bicycle helmets -- now in common use by competitive cyclists, serious riders, and safety conscious parents with young children -- can give a rider that extra margin of protection, which can make the difference between a short hospital stay and weeks or maybe months of medical treatment, post-operative rehabilitation and physical therapy.

According to news reports, a 25-year-old Baltimore resident died in the hospital from injuries he received during a hit-and-run car crash in Brooklyn Park. Police reports indicate that Alex Hernandez was one of two cyclists struck by hit-and-run drivers in separate incidents on a Thursday morning in July. Unfortunately for Mr. Hernandez, his injuries were much too severe and doctors could not save him.

Based on police reports, a female driver operating a black sedan – possibly a Hyundai -- was believed to have hit Hernandez at around 8am. Police believed that the suspects vehicle had visible damage to the car’s front right headlight, part of the hood and the windshield.

Continue reading "Baltimore Bicycle and Pedestrian Injury News: Maryland Rider Dies after Hit-and-Run Collision" »

Aside from the heat, it would appear that this is particularly bad summer for persons on foot and riding bikes in Anne Arundel County, according to news reports of late. In fact the month of July started out very badly for a number of people who were either hit by passenger cars or commercial trucks while walking or cycling.

As Maryland personal injury attorneys, I and my staff have represented many individuals injured in car, truck and motorcycle crashes over the years. Pedestrian and bicycle-related traffic accidents can be some of the more deadly for the unprotected walker, runner or rider; more so, in some cases, than those individuals involved in a high-speed interstate collision or other car-to-car roadway wreck.

Based on various news reports, there were more than a half-dozen bicycle- and pedestrian-related traffic injuries and fatalities within ten days alone in Anne Arundel Co. As Maryland and Washington, D.C., injury attorneys and occasional pedestrians ourselves, we know all too well that persons on foot can sustain serious and sometimes life-threatening injuries if struck by a passenger automobile or commercial delivery truck. In fact, pedestrians have been know to be killed by speeding bicycles on sidewalks and though marked crosswalks.

Traumatic brain injury is one of the common injuries for pedestrians and bicycle riders, since most people fall down when hit by a car or truck, striking their head on the hard tarmac, curb or other roadway surface. A blow to the head can cause loss of motor function or coordination, trouble with memory, even forgetting how to eat or do the simple things we all take for granted everyday of our lives. Helmets help, of course, but not every time.

Not long ago, an article mentioned the rather marked increase in motor vehicle accidents involving pedestrians and cyclists. According to the news, official in Anne Arundel County noted the increase in these kinds of accidents, noting that there were seven incidents in just two weeks. These included the following:

Continue reading "Traffic Injuries and Fatalities in Anne Arundel County taking Toll on Maryland Pedestrians and Cyclists" »

It only takes a while before one realizes that bicyclists and pedestrians run a greater risk of injury here in Baltimore or over in the District thanks to our highly dense urban conditions and other factors that pit motor vehicles against lightweight bicycles and relatively defenseless foot traffic. As Maryland automobile accident lawyers and personal injury attorneys, we not only read the stories of bicycle and pedestrian accidents, but we also meet people who have been hurt in roadway collisions.

With more and more bikes on the road, it appears that riders in Maryland cities and the District have more worries: Cars, commercial trucks and the roadway itself. According to news articles, bike safety advocates are looking for an increase in cycling-related injury accidents now that warmer weather is here to stay for a while. Closed-head injuries, broken bones, road rash, cuts and bruises are all part and parcel of the dangers facing bicyclists.

Based on information from the National Highway Traffic Safety Administration (NHTSA) there were 11 fatal bicycle-related accidents in Maryland in 2009. Although some would argue that cars, trucks and SUVs may be to blame for the majority of those deaths, experts advise that our roadways are also a major factor in these statistics.

Because of our more and more crowded streets and byways, the risks associated with cycling have grown over time, according to the news. Roads that are teeming with cars and pedestrians might occasionally appear to present the bulk of the problem, but according to many bicycling enthusiasts much of the concern lies with the road itself.

Lack of cycling lanes, like that one Maryland’s River Road just north of the beltway is one example. An inviting sinuous local roadway, River Road only has two lanes -- one in each direction -- yet no shoulder to speak off and certainly no designated bicycle lane. Cars passing at upward of 50mph can be unnerving even for a seasoned rider. The opportunities for injury or death are numerous.

One thing in cyclists’ favor in Washington, D.C., and Maryland is the law that permits a bicycle rider to use the travel lane at times when the rider can match the “normal speed” of motor vehicle traffic. This can allow a cyclist to ride more predictably within the traffic flow and also avoid shoulder obstacles, like drainage grates and suddenly opening doors of cars parked on the roadside.

Continue reading "Baltimore Personal Injury News: D.C. Cyclists Should Worry the Quality of Roadway AND Cars, Trucks" »

We wrote last year about the tragic death of Natasha Pettigrew, a candidate for U.S. Senate who was struck by a sport utility vehicle during an early morning ride on her bike in Prince George’s County last fall. According to news stories at the time, the 30-year-old woman was training for a triathlon when she was killed in an alleged hit-and-run traffic accident in Maryland's Prince George's County.

Recently, Pettigrew’s mother, Kenniss Henry, has taken up crusade to make the streets of Maryland, Washington, D.C., and other areas safer for bicycle riders. According to news article, Henry has lobbied the Maryland legislature in Annapolis to try and get a new bill introduced -- the Vehicular Manslaughter Act. Along with advocacy groups like Bike Maryland, Henry is reportedly pushing to close a major loophole in Maryland state law.

According to news reports, the current law essentially says that if a flagrantly reckless, yet sober driver causes a traffic death in Maryland, he or she will pay no more than $1,000 in fines through traffic court. The only other option is for the driver to be charged with a felony (however this typically never happens because the standards of proof are so very high).

The new bill, HB 363, would provide for a misdemeanor option. This new option would allow for a person -- who has been convicted of causing a traffic fatality while driving in a dangerously reckless manner when sober -- to be sentenced to as many as three years in jail or hit with a $5,000 fine. According to news articles, Bike Maryland, Maryland chiefs of police, and the AAA have thrown their support behind this bill.

This a one facet of a larger movement among walking and cycling advocates to make penalties more harsh in cases of vehicular manslaughter. The effort, according to reports, is to help people feel safer when walking or biking on and near public roadways. Safety advocates argue that roads will never be completely safe until motorists understand that there are strict penalties for causing an accident through reckless behavior.

Help Seek Justice for a Change.org Member's Death, Change.org, February 15, 2011

According to news articles, a resident of Clarksburg, MD, has been sentenced to eight years following his conviction for the 2010 death of a Gaithersburg bicyclist who was killed in a fatal bike-car crash in Germantown, Maryland. The accident took place on June evening when 48-year-old Stanton Miller Jr. was hit by Quinzy Fraser while riding his bike along Ridge Road.

According to news reports, police said that Fraser, 34, was driving under the influence of alcohol and traveling about 68mph when his vehicle struck and critically injured Miller, who was riding on the shoulder of the roadway. Based on court records, Montgomery County police stated that Fraser's blood-alcohol content (BAC) was 0.19 percent on the evening of the traffic accident.

As a Baltimore bicycle and pedestrian accident attorneys and personal injury lawyers, we’ve seen the tragic results of drivers who attempt to operate passenger cars and commercial trucks while under the influence of alcohol or prescription drugs. As with many traffic accidents, the human toll can be measured in terms of broken bones, head and neck injuries, spinal damage and traumatic brain injury. Pain and suffering, not only of the victim, but also his or her family is always a factor.

In the case of this accident, the defendant was reportedly driving an SUV northbound on Ridge Road around 7pm when for some reason the truck departed from the traffic lane and hit the bicyclist who was riding on the paved shoulder. Police determined the vehicle’s speed at 68mph and the force of the crash caused Miller to be thrown more than 110 feet in the air where he struck a nearby fence.

Although the rider was wearing a helmet, according to police, Miller sustained life-threatening injuries in the crash. Emergency responders attended to the injured rider at the scene and then transported him to Suburban Hospital in Bethesda, MD. Unfortunately, doctors could not save the cyclist and he died from his extensive injuries not long after his admission.

Court records indicate that police officer responding to the crash that evening detected the scent of alcohol on the defendant. Fraser reportedly refused a breath test at the scene; police subsequently took the man to the hospital for a blood sample.

Clarksburg man who killed cyclist on Germantown road sentenced to eight years, Gazette.net, January 14, 2011

Clarksburg man pleads guilty to killing Gaithersburg bicyclist on Germantown road, Gazette.net, December 15, 2010

The family of cycling accident victim, John R. Yates, has settled out of court their lawsuit against a commercial truck owner and the driver of the vehicle that was involved in the bicycle-truck crash. According to news reports, the defendants in the case recently agreed to pay an undisclosed amount rather than take their chances in court. The reportedly $5 million wrongful death lawsuit alleged negligence on the part of the owner of the tank truck as well as the driver of the vehicle that allegedly ran over and killed Yates on a Baltimore street earlier this year.

As Maryland auto accident attorneys and personal injury lawyers, I and my staff understand the anger and sadness that accompanies the loss of a loved one killed in a senseless traffic collision. Bicycle and motorcycle riders in particular are most at risk on city streets and rural roads due to the size and weight disparity between their relatively small and lesser protected two-wheelers and other motor vehicles.

Any crash between a bike and a passenger car, 18-wheeler or commercial delivery truck can result in serious and sometimes fatal results. Head, neck and spinal injuries are always a potential risk in such collisions. In the case of Mr. Yates, the 67-year-old bicycle enthusiast died from the injuries he sustained when the truck allegedly turned into him on August 4 this year.

Based on police reports, the accident occurred on Maryland Avenue when the vehicle began to turn right onto Lafayette Ave. catching the man and his bicycle in the rear wheels of the larger vehicle.

News reports said that the out-of-court settlement satisfactory to all parties in what was certainly a heartbreaking traffic accident. Although the amount was not announced, the defendants’ lawyer said that it was appropriate given the facts and circumstances surrounding the late summer crash. Reportedly, the Yates family attorney said his clients were satisfied with the outcome as well.

The victim’s family reportedly was not interested in taking the suit to trial, especially since Yates’ death actually prompted significant legislation in Maryland’s General Assembly regarding bicycle rider rights and motor vehicle law as it pertains to the safety of cyclists on public roads. In fact, this past October saw the 3-foot rule go into effect, requiring motorists to maintain a buffer when passing a bicyclist.

Family of cyclist killed in crash settles with truck driver, employer; BaltimoreSun.com, December 1, 2010

Anyone who says that traffic accidents only happen to other people would do well to reconsider that statement. Even if you don’t drive a car, SUV, minivan or commercial truck, as a pedestrian or bicyclist you too could end up being caught in a potentially fatal traffic accident. As Maryland personal injury lawyers, I and my staff are well versed in the law and we understand the possible causes of severe or deadly automobile, trucking or pedestrian collisions.

A sad story that illustrates my point involves a young up and coming political candidate who met an untimely end following a car crash on the streets of Largo, MD. According to news articles, 30-year-old Natasha Pettigrew, Maryland Green Party candidate for the United States Senate, was on her bicycle training for a triathlon when she was struck by a sport utility vehicle around 5:30am on a Sunday morning.

The accident, according to Maryland State Police, happened on Route 202 at the intersection of Campus Way when the cyclist was hit by a passing SUV. Police said the SUV’s driver, 40-year-old Christy R. Littleford, called from her home about an hour after the crash stating that she thought she may have hit a deer but realized it wasn’t an animal after she arrived home and saw Pettigrew's bicycle trapped underneath her vehicle.

After receiving the call, MSP arrived at the scene, probably with other emergency responders, after which Pettigrew was transported to Prince George's Hospital Center. Unfortunately, the woman could not be saved and she died of critical injuries later the next day.

At the time of the article, police investigators were still piecing together the accident and had not yet determined if Pettigrew had reflective clothing on or had lights working on her bike during that pre-dawn ride. No charges had yet been filed against the driver, though Police reports showed that alcohol or drugs did not appear to be a factor in the crash.

Md. Green Party candidate for U.S. Senate dies, WashingtonPost.com, September 22, 2010

Bicycle accidents, like other traffic collisions involving pedestrians and motorcycle riders, can result in severe injury to the cyclist. It makes little difference whether a bike rider is hit by a passenger car or a commercial delivery vehicle, the harm is immediate and sometimes long lasting. Scrapes and bruises are the least of it, with broken bones, internal injury and head trauma being some of the more common and severe injuries.

As a Maryland personal injury lawyer representing individuals hurt in bicycle accidents in Baltimore, Annapolis, Washington, D.C., and all across the state, I know that more than half of the cyclists all around the nation are minors. And it’s hard to imagine that statistics show more than 10,000 children are injured while cycling every year in the U.S. A third of those involve traumatic brain injury and sometimes death.

When a child is injured on his or her bicycle, parents can wonder whether or not they should have let their son or daughter ride at all. Sadly, many preventable bicycle accidents involve a motorist who was careless or simply negligent. As motor vehicle operators, not paying attention or making an error in judgment can lead to someone else’s injury or death.

Not long ago a young boy died after spending several days in the hospital following a car-bike crash. According to news reports, the youngster was hit while pedaling in the West Baltimore area. Based on Baltimore city police reports, the 12-year-old was hit by a car on a Thursday evening while traveling with a group of friends on cycles.

The victim, Joshua Blackwell, was riding along Lynhurst Avenue with nearly a dozen of his friends near Windsor Mill Road. The boy was reportedly at the head of the pack with another youngster when he allegedly ran through a stop sign right in front of a Honda Element. Apparently trying to avoid a crash, Blackwell hit his brakes and lost control of his bicycle and ended up sliding underneath the oncoming vehicle.

Police reports show that the driver of the Honda was not able to stop in time and drove right over the child. Emergency personnel arriving on the scene likely provided medical aid before transporting the boy to a local hospital. Unfortunately, doctors were unable to save the boy and he died three days later from complications.

Boy struck, killed, while riding bike in West Baltimore, ABC2News.com, August 19, 2010

If anyone thinks that bicycle riders are completely safe as they travel the city streets of Baltimore, Annapolis, the District, or any other large urban area across Maryland, think again. While much has been done to improve riders’ safety, the fact remains: When motorists and cyclists are constantly sharing the same public roadways, the potential for bike-car accidents exists as does the possibility of injuries and even fatalities.

As a Maryland injury lawyer, I and my colleagues understand the dangers that cycling enthusiasts face every day across our state and even in the nation’s capital. Washington, D.C., has its share of bicycle riders and, hence, it’s share of bicycle accidents. A discussion on the pluses and minuses of bicycle and rider safety caught our eye not long ago, which addresses some of the concerns out there.

According to the article, the Washington Area Bicyclist Association’s Shane Farthing answered a barrage of questions from concerned riders and other citizens. In particular a question came regarding whether or not the police would be doing anything more to prosecute motorists who hit bike riders, much less commercial trucks that occasionally kill cyclists.

Farthing responded that over the past couple years he knew of no significant steps taken by the police to improve bicycle and pedestrian safety. He said that the WABA was stepping up its outreach efforts to the police agencies by trying to open a dialog between law enforcement and the association.

Additionally, he reportedly said that the group would like to see existing traffic laws enforced more vigorously -- apparently the group is considering some ways to advocate for the cycling community by educating police officers on the issues and perhaps help to improve the situation. Other laws, he added, the WABA would really like to see changed altogether, such as abolishing the contributory negligence standard and replacing it with a comparative negligence standard, which would be more in line with the rest of the country.

Sadly, however, Farthing believes that things, at least in this region of the country, have a long way to go before people will see any major improvement in cyclist and pedestrian safety.

WABA's Shane Farthing answers the rest of your questions, GreaterGreaterWashington.org, August 6, 2010

Baltimore has become a very popular city with cycling enthusiasts. However, with that popularity comes increasing number of cyclists on city streets, sharing lanes with passenger cars, motor-powered two-wheelers, large SUVs and commercial trucks of all types. Whether you’re an optimist or not, recent data may have bicycle riders grinning ear-to-ear while at the same time looking over their collective shoulders more than ever.

According to Transportation for America (TOA), the pedestrian and bicycle safety organization, over 76,000 Americans have been killed in the past 15 years simply crossing the roads in their very own communities.

As Maryland personal injury lawyers, I and my colleagues offer legal services to individuals hurt in bicycle and automobile-related accidents. Many of these accidents are caused, sadly, by the negligence of motorists or because of commercial trucking accidents. As injury attorneys, all of us have sensed the pain and seen the suffering that can follow a cycling accident resulting from a car or truck crash. It goes without saying that the medical costs associated with treatment and rehabilitation from such accidents can become quite expensive.

The TOA’s report on pedestrian injuries and fatalities nationwide ranked metropolitan areas in terms of accident frequency for persons on foot as well as on bicycles. The shocking part of the study for this office was the authors’ description of the total deaths across the nation as being equivalent to a commercial airliner crashing with a full passenger load once a month.

Transportation for America points out that nearly 4,000 children under 16 years have been killed so far in the 2000s. Based on the TOA’s numbers, the study stated that children, the elderly and infirm individuals, and ethnic minorities are over-represented when it comes to total death count.

The study also pointed out that while many pedestrian deaths (which in this case includes not only persons on foot but also bicycle riders) are typically termed “accidents,” suggesting an error either on the part of the motor vehicle operator or the person on foot or on his or her bike. However, the TOA stresses that a large percentage of supposed accidents occurred along roadways that were, as they term it, “dangerous by design.” This is to say, that maybe the blame should be aimed at poor roadway and sidewalk design, rather than at the drivers, pedestrians and cyclists who use those walkways and streets.

Continue reading "Maryland Bicycle Injury Update: Baltimore and D.C. Rank 29th and 32nd Nationwide in Fatal Traffic Accidents" »

Bicycle accidents, both fatal and non-life-threatening, have become more frequent as the warmer weather has drawn more and more cyclists out onto public roadways. Sharing the road is great in theory, but it takes the active participation of all parties. When motor vehicles and pedal-powered two-wheelers tangle it’s almost always the bicycle rider who gets hurt, or worse, killed. As Maryland bicycle accident attorneys, my staff has experience in the area of bicycle and pedestrian injury accidents.

Particularly in cities as vibrant as Baltimore, MD, bike riding is both a healthy way to exercise and a eco-friendly and low-cost method of transportation. Danger does exist and every bicyclist knows that the smallest mistake can result in serious injury or even death. Car, bus, taxi and delivery truck drivers also need to be especially vigilant during the summer months for cyclists traveling in urban traffic situations.

Not long ago an all-too-familiar and sadly reminiscent scene played out in a Worchester County courtroom. The hearing involved a 35-yearold Berlin motorist pleading guilty to manslaughter in the case of a June 2009 hit-and-run incident. According to news reports, Daniel Matthew Bren was driving along a Route 50 bridge when his vehicle struck two bicyclists in the roadway. The driver then left the scene of the accident, which left one cyclist dead and a second injured following that bicycle-automobile collision.

During the hearing, Bren reportedly struck an agreement with local prosecutors and pleaded guilty to negligent manslaughter by automobile, as well as to leaving the scene of an accident. A number of other charges that had also been brought against the man, including driving under the influence, were apparently dropped by prosecutors in exchange for the guilty plea in district court.

The presiding judge, Gerald Purnell, ordered a pre-sentencing investigation and remanded Bren into the custody of the Worcester County Jail. The judge said Bren could be in jail four to six months while that investigation is conducted. In Maryland, vehicular manslaughter carries a maximum sentence of 10 years in state prison. Leaving the scene of an accident with injuries calls for a one-year maximum sentence.

Man pleads guilty to OC hit-and-run, DelmarvaNow.com, April 20, 2010

A Washington, D.C., cyclist and well-known reporter for Science Magazine was struck and tragically killed by a five-ton National Guard transport vehicle being used to block a D.C. intersection for an approaching motorcade. The accident happened not far from the site of a Nuclear Security Summit being held in the Capital. The victim, 68-year-old Constance Holden of Northwest Washington, was pronounced dead at the scene. She reportedly was heading home from her office at the end of the work day.

Living and working in the Baltimore area, I and the other Maryland injury lawyers at our office know that bicycles make up a percentage of vehicular traffic in Maryland, Virginia and the District. As tragic as this bicycle accident was, it’s not the only one and sadly will not be the last.

Bicycle and motorcycle crashes, whether caused by the driver of a passenger vehicle or commercial truck, can be serious at best; fatal at worst. Like the one reported here, the odds of a rider being killed by a large motor vehicle are quite high. For those who survive such encounters, bodily injuries can range from cuts and bruises to broken bones and traumatic head or spine injury. Hospital costs for such extensive injuries can run in the tens of thousands of dollars.

In this particular case, a motorcade was on its way through the D.C. streets at the same time that many commuters were heading home from work. Among them, Holden was on her bike just after 6pm as she attempted to cross the intersection of 12th Street and New York Avenue. According to news accounts, a police officer told her to move back. As she did so, one of two National Guard trucks struck the woman.

Witnesses said that the height of the large trucks made visibility difficult. However, there reportedly was a ground guide on foot working to direct the larger vehicles, but that individual apparently missed the impending collision.

The D.C. National Guard reportedly has been part of the security contingent for motorcades such as the one that day, however at the time of this accident this was reportedly the largest gathering of world leaders in the city to date, which may have contributed to the potential for tragedy. The commanding general in charge said that there had never been a deadly accident such as this in the past.

Holden, also a talent artist in her private life, had been a reporter for Science since 1970, according to a statement from the journal's publisher, the American Association for the Advancement of Science. Among her awards was one from the National Mental Health Association for stories she wrote in 2003 on new developments in understanding and treating schizophrenia, depression and other mental health issues.

Bicyclist Killed in Collision With Guard Vehicle, MyFoxDC, April 13, 2010

Being a lifelong participant in any outdoor sport or activity would seem to prepare a person for the various and specific dangers involved. While this may be the case in general, when it comes to bicycle riding, safety must be paramount in a rider’s mind when negotiating public roadways with other automobile and commercial truck traffic.

As Maryland injury attorneys, I and my colleagues understand how even the simplest error in judgment can mean the difference between life and death on a city street or a country road. Such was apparently the sad case in a bicycle-auto crash not long ago that claimed the life of a father and husband.

According to news reports, the victim of the accident was a 43-year-old bicycling devotee from Owings Mills, MD. Lawrence Bensky was apparently an intrepid cyclist who would think nothing of riding his bike from Bel Air to Ocean City. Regardless of the difficulties, family and friends reportedly said nothing could slow this rider down.

Being a passionate cyclist, Bensky enjoyed riding and the challenges it presented. That all came to an end on a Tuesday afternoon in April when the rider and a friend where caught up in an unexpected crash that left Bensky dead at the scene and his 45-year-old riding buddy seriously injured.

Police reports indicate that the accident occurred near Butler and Falls roads in Baltimore County. The initial police investigation shows that 64-yrear-old Faith Frenzel was driving her Toyota Echo westbound on Butler Road around 4:30pm when she struck Bensky's bike as it was travelling on the shoulder of the road. According to reports, Bensky’s bicycle became lodged in the front of the car.

After hitting Bensky, Frenzel then struck the second rider, Joel Alan Wyman, with her vehicle sending both cyclists off the road. By the time emergency personnel arrived, Bensky could not be saved. Wyman was treated at the scene and then transported to Sinai Hospital, where he was listed in serious condition at the time of the news report.

Police said Frenzel had not been charged in the collision, but the investigation was ongoing at the time of the news article. Regardless of the outcome, it is obvious that more needs to be done in the area of bicycle awareness including what some advocate as the three-foot rule to help give cyclists some breathing room when automotive traffic is concerned.

Family recalls bicyclist killed in crash with auto in Owings Mills, BaltimoreSun.com, April 8, 2010

As a Baltimore injury accident attorney, I understand the healthful benefits and feeling of freedom that bicycling provides to people. In fact, with energy conservation on everyone’s lips and green living all the rage, biking to school, work or the store makes more sense now than ever in the past. That said, I will throw in a word of caution; that is, bicycles are great fuel saves and exercise machines, but they are no match for a car, truck or SUV.

With summer just around the corner, I don’t wish bring readers down, but the fact that more and more bicyclists will likely be hurt or killed in a traffic accident in the years to come is likely a good bet. I was reminded of this by a recent news article that talked about the Baltimore cyclist, Jack Yates, who was tragically killed by a fuel tanker truck late last summer.

According to the article, Yates’ family filed a five-million dollar wrongful death suit against the driver of the truck, along with the man’s employer. As most people already know, the 67-year-old Yates was pedaling his bike southbound on Maryland Avenue when he became caught in the trucks rear wheels and run over as the vehicle turned right on Lafayette Avenue. He died at the scene.

The civil suit, which was filed in Baltimore Circuit Court on behalf of Yates' wife, son and daughter, alleges negligence by the driver, Michael Dale Chandler, and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company. The suit seeks compensatory damages.

The attorney representing the Yates family contends that Chandler and his employer were negligent because a surveillance video shows the driver turned right without signaling. The lawyer also points out that the driver made the turn without checking to be certain that the path of the vehicle was clear and free of traffic, meaning cyclists or pedestrians.

On the other hand, police investigators had found that Yates was at fault because he was riding in parking lanes and attempted to pass the truck on the right -- an illegal maneuver in Maryland, according to Agent Donny Moses, a city police spokesman.

Although Chandler did not stop following the incident, investigators do not believe the driver was aware of what had happened. "You roll over a body in that size truck, it's kind of like rolling over a pebble," Moses added.

According to authorities, police found the vehicle two days after the collision at Potts & Callahan's service yard. DNA testing of hair and blood on the truck's tires confirmed that the samples belonged to Yates, police said.

Family of bicyclist killed in city accident files $5 million lawsuit, BaltimoreSun.com, March 5, 2010

It won’t be long before the promise of spring weather entices more and more cyclists out onto the roads in and around cities like Annapolis, Bethesda and D.C., among others. As Maryland traffic accident injury attorneys, the staff at Lebowitz & Mzhen, LLC can see a shift toward greater environmental consciousness, so it’s not surprising that more people are using bicycles to get to work, school or even to the store for some light shopping.

Unfortunately, even though more riders are out on the roads, our traffic laws and driver awareness are apparently behind the times. What does this mean in terms of increased traffic accidents and bicycle riding injuries? According to a recent editorial, the percentage of people using bikes for transportation has been on the rise for nearly 20 years, with no expectation that this trend will change any time soon.

To accommodate this increase in two-wheeled traffic, engineers and traffic planners have been working to update the state’s infrastructure and to encourage cycling and create a more safe environment for autos and bikes to coexist. There has also been a call for improved and updated legislation as well.

According to many cycling advocates, some laws unnecessarily restrict safe cycling or where cyclists can ride or park their bikes. There are other laws that haven't really caught up with current technology, which makes our public roads more dangerous for all users. There is also a cry for increased protection for those more vulnerable users or to punish negligent car and truck drivers.

Some suggest that Maryland replace contributory negligence with comparative negligence. Maryland, Virginia and the District of Columbia are three of only five "states" that use contributory negligence to establish damage awards in civil cases. Under this standard, if an injured road user was even one-percent at fault for a crash involving another road user that person would be unable to recover damages unless he or she could prove that the other road user had the "last clear chance" to avoid the accident.

Last clear chance involves proving four separate facts about the crash, all of which must be true, and can be difficult to prove. This is why it is always important to have an experience legal professional on your side in personal injury cases.

The majority of jurisdictions around the county use some form of comparative negligence, which allows the injured party to recover some of their loses even if they were partially to blame. Contributory negligence is a favorite of big business and the insurance industry, however it punishes victims who are disproportionately pedestrians and cyclists.

12 ways our region could reform bicycling laws, GreaterGreaterWashington.org, January 22, 2010

Maryland State Police last month charged a Hollywood woman with negligent driving in a fatal traffic accident that left a local bicycle rider dead. Police state that 20-year-old Kathy May Lee contributed to the October 5 accident that killed Curtis Andrew Leymeister, a 47-year-old resident of St. Mary's County.

As a Maryland personal injury lawyer, I and my colleagues understand the extent of possible injuries that a bicycle rider can receive in a car-bike crash. More often than not, the result is fatal for the cyclist. In this particular case, the cyclist was struck and killed on Clarke's Landing Road and was apparently riding in the middle of his lane.

According to police, Leymeister was riding his bike west in the westbound lane of the roadway just before 8am when he was struck from behind by a Honda Accord driven by Lee. Every driver is obliged to be aware of the situation around them, and this is especially important when bicycles or pedestrians are present. Reports indicate that the local prosecutor recommended that the motorist be charged with negligent driving, which includes fine of $280.

Based on the police investigation, Lee was apparently distracted from her driving, as well as having morning dew still on her windshield when police arrived. Police reports show that the woman had a partially obstructed windshield and that she was preoccupied as she was reaching for a cigarette lighter.

The prosecutor’s office said there were no indications that Lee was texting or otherwise using a cell phone when the collision occurred, and that there were no contributing circumstances amounting to gross negligence, which is defined as a wanton and reckless disregard for human life. Authorities say that there was no alcohol and no indication of speeding, nor any indication of other conditions that would constitute reckless driving.

Motorist cited in bicycle fatality, SoMDNews.com, November 4, 2009

The dangers of biking in an urban setting were brought home again recently during a memorial ride held in honor of a local Baltimore bicycle enthusiast who was killed in a traffic accident last August. Sixty-seven-year-old John Yates was killed in a truck-bicycle accident by a hit-and-run trucker while he was riding near the intersection of West Lafayette and Maryland Avenues.

At the time of the accident, police investigators said that a truck struck Yates as it was turning left onto West Lafayette. Witnesses at the scene reportedly told police that Yates became entangled beneath the rear wheels of the tanker truck. The cyclist suffered fatal injuries, including severe trauma to his left leg and abdomen. As a Maryland personal injury lawyer, I can tell you that accidents between trucks and bicycles rarely come out well for the cyclist, which is why riders must be especially watchful whenever they mix with other vehicles on the road.

According to police reports, the man’s widow said that he had been running errands on his bike that day before the deadly truck-bike crash occurred. Yates reportedly headed to the University of Baltimore to make certain his registration was in order as he prepared to begin work toward his third master's degree -- he planned to become an alcohol and substance abuse counselor.

About 80 cyclists participated in the memorial ride through North Baltimore in early November. The second annual Tour De Greater Homewood was also known this year as the Jack Yates Memorial Ride.

According to news reports, the Greater Homewood Community Corporation organized the ride; Yates was one of the group's board members. Organizers had hoped the event would raise awareness about bicycle safety. Seven people have died in bicycle accidents every year in Maryland from 2005 through 2008, according to State Highway Administration figures.

At the time of the ride police had still not identified the truck driver who killed Yates. However, police also believe that the drive may not have been aware that the collision occurred and therefore left the scene. In fact, law enforcement authorities have said that a surveillance video camera recorded the event and showed that Yates was apparently at fault. A lawyer representing the Yates family stated that the video also shows that the truck driver did not signal he was making the turn.

Cycling community rides to honor one of its own, BaltimoreSun.com, November 9, 2009

It’s a tragedy when anyone dies, but fatal traffic accidents can usually be avoided. In the case of car-bicycle collisions, the bicycle rider is always the loser. As a Baltimore motorcycle and bicycle accident attorney, I have represented numerous victims of senseless auto, bike and motorcycle accidents over the years. The human toll is always severe in these cases. Sadly, a recent news article details yet another fatal Maryland bicycle-car accident.

According to a news article, Maryland State Police identified the body of a bicycle rider as that of 47-year-old Curtis Andrew Leymeister who was killed on the morning of October 5 while commuting on his bike. The accident occurred on Clarks Landing Road not far from the victim’s home.

The Hollywood resident was struck from behind by a Honda Accord driven by another local resident, 20-year-old Kathy May Lee. According to police, Leymeister was riding his bike west in the westbound lane of the roadway, near the intersection of Scotch Neck Road. Investigators said that the rider was in the travel portion of the roadway, centered in the westbound lane. And although he was going the right way, police reminded that he should have been on the paved shoulder.

The impact was such that Leymeister was thrown from his bicycle and died at the scene sometime after 8am, despite efforts by emergency medical personnel to save him. On factor in his death could have been the fact that he was not wearing a helmet, but police said that it is not known if protective head gear would have lessened his injuries. According to the accident report, the car had visible damage to its roof and windshield.

Police said the preliminary investigation indicates the car's driver was traveling within the posted 40-mph speed limit on her way to a college campus. However, it is a driver’s responsibility to be aware of all traffic and pedestrians in his or her immediate area, and this may not have been the case in this instance.

Bicyclist killed; struck by car in Hollywood, SoMdNews.com, October 7, 2009

A teenager riding his bike on Maryland Route 108 in Elkridge was struck and killed by a passing motorist. Fatal accidents involving bicycles and other two-wheelers happen frequently in the warmer months. Any time a young person loses his or her life it is a tragic event, not only for the family and friends of the victim, but for the community as well. Being a Maryland personal injury lawyer with experience in representing victims of car-bicycle accidents I’ve seen the terrible results of such events.

The recent accident that took the life of a 16-year-old boy happened near Lark Brown Road in Elkridge, MD. Young Benjamin Wortman was cycling eastbound on Route 108 just after midnight on Friday, August 28. Wortman was hit from behind by an eastbound Nissan Altima driving by Aaron Jacob Lorsong of West Friendship, MD. According to news reports, the boy was taken to the University of Maryland Shock Trauma Center in Baltimore. Wortman died from his injuries the following day.

Officers arriving at the scene of the collision noticed a strong odor of alcohol on the 26-year-old driver’s breath as well as slurred speech and a flushed face. As a result, Lorsong was given several field sobriety tests, which he performing poorly. According to police reports, upon searching his person, officers discovered two small plastic zip-lock bags containing heroin.

Lorsong, who was uninjured in the crash, was arrested and charged with driving under the influence of alcohol, causing a life-threatening injury while driving under the influence of alcohol, and possession of heroin. The man was released Friday from the Howard County Detention Center after posting $100,000 bond, but that was before the Elkridge youth died at the hospital.

In Maryland, vehicular manslaughter charges are equivalent to murder charges, which may be treated as a felony. Such a crime is punishable by a maximum of 15 years in prison, as well as an additional 2 to 3 years if the driver was under the influence of alcohol or drugs at the time of the accident. The driver who allegedly killed the teenager may end up facing years in jail for his mistakes.

Furthermore, it is not uncommon for victims’ families to pursue civil suits to recover for damages resulting from the loss of a loved one. Potential damages include those of psychological counseling and other expenses. An experienced personal injury attorney has the knowledge to assist victims or their families after tragic events such as this.

Elkridge cyclist, 16, dies after being hit by car, ExploreHoward.com, September 1, 2009

A tragic story of a bicycle rider killed in Ocean City, MD, recently came to light and it reminds us all of the inherent dangers that bike riders face when traveling on Maryland's public roadways. The accident happened on Maryland’s Coastal Highway as a 23-year-old woman was having a relaxing summer ride. While pedaling her bike across a pedestrian crosswalk, Kristin Anne Stormer was hit and fatally injured by a truck traveling in one of the southbound lanes.

As Maryland motorcycle and bicycle accident lawyers, our firm has represented many individuals injured in car-bicycle and auto-motorcycle collisions. While the road in question has a posted speed limit of 35mph, even at that relatively low speed a small car cna cause serious injury or even kill a bicycle rider. Without knowing the specifics, it’s difficult to say if the truck driver was responsible for this woman’s sad and unfortunate death.

Summer is a great time to be out and about. But whether you're riding a bicycle, a piloting a motorcycle or driving a car, even a relaxing trip along the coast must be done with a degree of caution. As motor vehicle operators and as bicycle riders, we all have a responsibility to follow the rules of the road. In this case, reports state that the woman may have been listening to an iPod while riding her bike. This is can be a dangerous activity for anyone operating a vehicle in traffic and it is actually illegal in Maryland.

According to reports, the driver of the truck had not yet been charged in relation to the accident, although an investigation was ongoing. Not long after this tragic event, another bicyclist was killed in an early-morning collision with a motor vehicle. The fatal crash happened on the Harry W. Kelley Memorial Bridge along Route 50 when a drunk driver plowed into two cyclists in an apparent hit-and-run accident. According to Maryland State Police, one of the cyclists, 41-year-old Edward Joseph Zisk, died at the scene as a result of his injuries.

In that incident, police reports indicate that the 34-year-old driver, Daniel Mathew Bren of Berlin, MD, hit the two bike riders from behind, then fled the scene in his 2006 Chevrolet Silverado. Police caught up with and arrested Bren shortly after the accident. He was charged with negligent homicide by motor vehicle while under the influence, driving under the influence of alcohol, and failing to remain at the scene of an accident involving the death of another.

These tragic incidents are a reminder to the rest of us that potential injury lurks around just about any corner. Whether you are a driver, a rider or a passenger in a vehicle, it pays to stay alert to potential dangers. If you or someone you love has been injured in an auto-related accident, we highly recommend that you seek the counsel of a qualified legal professional to handle your automobile accident, personal injury or wrongful death case.

Two cyclists die in resort roadway accidents, DelmarvaNow.com, June 30, 2009