Attorney Blog

Automakers Designing Cars That Threaten Safety

Tue, 25 Oct 2011 08:00:00 EST

Today's Washington Post article on texting while driving is right on. New technology in cars encourages and facilitates reading and sendng text messages,, and contributes to dangerous driver distraction. We feel that texting and cell phone use while driving is as dangerous as drunk driving, and studies have proven it. Driving requires complex thought processing, and further distraction from that degrades driving safety. If you drive, don't text or talk on your cell phone!

Street Calming Project Upheld By Judge

Wed, 17 Aug 2011 08:00:00 EST

A New York judge recently threw out a frivolous lawsuit demanding that a much needed bicycle lane in Brooklyn by eliminated. Citing alleged dangers to pedestrians and traffic, the suit contended that the bike lane was a menace to society. This office supports more bike lanes as a way of promoting safe interaction between commuting cars and bicycles, and as a way to reduce pollution and downtown traffic congestion. Score one for the New York cycling community.

New Virginia Law Allows Bikes and Motorcycles To Go Through Red Lights

Sat, 26 Mar 2011 08:00:00 EST

A new law in Virginia effective July 1, 2011 will allow bicycles and motorcycles to proceed through red lights if they wait two minutes and the light doesn't change on it's own. The reason is that two-wheeled vehicles don't weigh enough to trigger most light-changing sensors at intersections. The law makes sense, but I fear it could increase bike accidents. We'll have to wait and see. At least it does reflect appropriate adjustments to the motor vehicle code by state legislators to account for basic differences between two wheelers and cars. We're all in favor of that.

DC Man Hit By Bicycle Dies

Thu, 09 Dec 2010 08:00:00 EST

Quan Chu, a 78 year-old man from Northwest DC, has died after being hit by a cyclist. Apparently, Mr. Chu struck his head on the pavement afer being struck by a man riding a BMX-style bicycle. The man sped off, and DC police are investigating te matter as a "hit and run." Mr. Chu's wife was also injured in the incident. This is obviously a terrible tragedy, and all the more unusual in that usually it is the cyclist who is injured in an accident. However, when collisions do occur, either between two or more bikes, or between a bke and a pedestrian, the results can be catastrophic. Two years ago, I represented a cyclist who suffered a "La Forte" style fracture of virtually every bone in his face, when another cyclist collided with him after running a stop sign at night. Fortunately we were able to locate insurance coverage despite the absence of a motor vehicle's involvement, and were able to recover substantial compensation for the injured cyclist. Our thoughts and prayers go out to Mr. Chu's family for their terrible loss.

Bike Commuting Getting Bigger in DC and Arlington

Mon, 29 Nov 2010 08:00:00 EST

A Washington Post Article this Saturday highlighted the rapd growth of bicycle commuting in the DC region, thanks largely to the success of DC's bike share program, and the installation of miles of new bike lanes downtown. While it is estimated that less than 2% of the city's daily commuters use bicycles in lieu of cars, these efforts to reduce pollution and provide green alternatives to cyclists wishing to bike to work are commendable. At the same time, a lot of people who are using the lanes are new to the experience of riding in rush hour traffic. Inexperienced riders need to be especially careful when negotiating urban commuting routes - especially around cars that may not be used to seeing them. We applaud Mayor Fenty's efforts to make bicycle commuting a safe, affordable alternative for people, but urge everyone to ride safely, and ALWAYS wear a helmet.

Motorists Killed Outside Their Vehicles on DC Area Highways

Sat, 20 Nov 2010 08:00:00 EST

Two motorists were killed on Friday in tragic accidents that occurred on the Baltimore Washington Parkway and the Dulles Toll Road. These deaths were especially tragic because they occurred - not when the vehicles collided - but when their occupants were outside their vehicles. In one instance, a man was struck by another driver while standing outside his vehicle after having been involved in a "fender bender" accident. In the other case, the driver's car had broken down, and rather than move to safety to the side of the road, he tried to push his car, and was struck by another motorist. Both of these cases are classic examples of the legal doctrine of "contributory negligence" applicable in Virginia, which says that if an injured party is partly negligent and to blame for the accident that causes the injuries (or on this case, deaths), that person is barred from recovering compensation for their injuries. If you would like to learn more about contributory negligence and how it works, you can send for my free book entitled "WRECKED: YOur Legal Rights In a Motorcycle Accident." Our thoughts and prayers go out to these victimes and their families. Remember: if you are in a minor accident on the highway, do everything safely possible to get yourself to safety on the side of the road, and call police immediately. Don't stay in harm's way.

Virginia Beach Woman Killed In Motorcycle Accident Caused By Deer

Tue, 26 Oct 2010 08:00:00 EST

Kimberly Wang, a 47-year old Virginia Beach woman, was killed Saturday night in Hillsville. She was riding as a passenger on a 2005 Harley Custom Classic driven by Howard Henry Rolsmacher, 57, of Virgnia Beach. Both persons were thrown from the Harley when Rolsmacher apparently attempted to avoid striking a deer in the road. Mr. Rolsmacher was also injured, and was treated for his injuries at Wake Forrest University Baptist Medical Center. Our thoughts and prayers go out to Ms. Wang's family. This tragic accident happens all too frequently this time of year, when deer are in the midst of their mating season. Motorists and motorcyclists alike should be especially attentive during those critical periods just before and after sunset and sunrise, when deer are especially mobile.

Arlington Man Charged with DUI Manslaughter After Killing Motorcyclist

Tue, 19 Oct 2010 08:00:00 EST

Arlington police disclosed yesterday that the driver involved in the accident that killed a motorcyclist in Arlington will be charged with DUI / manslaughter. According to court documents; 25-year old Jonathan Mendez will be arraigned in Arlington General District Court tomorrow on DUI / manslaughter charges for making a left turn in from of Arlington motorcyclist Gerald Glasper, 42, Friday night. Anyone with information about the accident is urged to contact Arlington Detective Tamara Celestini at (703) 228-4164. This is a terrible, senseless tragedy in our community, and our thoughts and prayers go out to Mr. Glasper's family.

Motorcyclist Killed In Arlington

Mon, 18 Oct 2010 08:00:00 EST

A motorcyclist headed East bound on Route 50 in Arlington was tragically killed Friday night when a west-bound car turned left into his path. The accident happened near the intersection of Route 50 and Irving Street, and neither the identity of the victim or the car driver have been released. Statisically, this type of accident is the number one cause of fatal acidents for motorcyclists, and our thoughts and prayers go out to the victim's family. If you would like more information about safe riding and established accident patterns for motorcyclists, you can find it here.

9 Year Old Virginia Boy Killed By Reckless Pickup Truck Driver

Mon, 11 Oct 2010 08:00:00 EST

Robert Darwin Pormer, a 9 year-old boy from Partow, Virginia, was tragically killed while riding on the back of his father's motorcycle. According to reports, a pick up truck driver turned into the path of the motorcycle operated by the victim's father, 49 year-old Mark Pormer, who was also injured in the accident. Statistically, this type of tragedy is the most common form of fatal motocycle accident, when an oncoming vehicle makes a left hand turn in front of the approaching motorcycle. This is obviously a terrible tragedy for Mr. Pormer and the victim's family, and our thoughts and prayers go out to them.

Virginia Motorcyclist Killed In Head On Collision

Tue, 13 Jul 2010 08:00:00 EST

Joshua C. Smith, 21, of Chillicothe, Virginia, was tragically killed on Sunday, July 13 when his motorcycle allegedly drifted to the left of the center line and struck a Ford F-150 pickup head on. According to the Chillicothe Gazette, the accident happened on Route 75, south of Abingdon. There is no indication of how thoroughly the accident was investigated, and whether the pickup truck driver's actions played any role in the collision. Our thoughts and prayers go out to this young man's family and friends.

Northern Virginia Cyclist Struck and Killed By SUV

Tue, 01 Jun 2010 08:00:00 EST

An 18 year old accomplished high school student from Fairfax was run down and killed on his bicycle Friday May 12, 2010 by an SUV driven by a Manassas man. Abdelouhid Chadli, 18, a wrestler in Fairfax, was struck by a 2001 Dodge Durango driven by Gary Anthony Thorne, 30. The SUV was travelling in the west bound lane of Lee Highway around 4:00 pm when it suddenly verred across the median, crossing six lanes of traffic, and striking down Chadli just as his bicycle was entering a bike path adjacent to the road. Thorne was also killed when his SUV subsequently hit a tree. According to press reports, Fairfax Crash Reconstructn detectives were investigating to see if speed and/or alcohol were factors in the crash. No word yet on the results of that investigation. Fairfax police are asking anyone who may have witnessed this horrible crash to call the Fairfax Police Department at (703) 691-2131.

Rolling Thunder 2010

Mon, 31 May 2010 08:00:00 EST

Hundreds of thousands of motorcyclists from around the country gathered again in Washington, DC this weekend to pay tribute to our nation's veterans, and particularly the POWs and MIAs from Vietnam. This is an annual event here in Washington, and seems to grow larger and more organized with every passing year. As an American and a resident of Northern Virginia, I am always proud and pleased to see these folks and the tremendous effort they put in to ensure that our nation's warriors are never forgotten. As usual, all participants displayed great motorcycle citizenship in carefully obeying all laws and respecting the local community. My heartfelt thanks go out to all riders who participated in this year's Rollng Thunder festivities, and we look forward to seeing you again next year. God bless and happy Memorial Day to all. Have a safe ride home.

Cyclists In Bike Race Crash From Tacks Thrown Onto Course

Tue, 18 May 2010 08:00:00 EST

Several cyclists competing in the Leonardtown Criterium Road Race in Maryland on Sunday were injured from multiple crashes caused by thumbtacks deliberately thrown onto the course. At least one racer sustained bone fractures. Racers competing in such events often exceed speeds of 30 mph +, and crashes can cause life threatening injuries. The sport is dangerous enough without sick individuals maliciously sabotaging the race venue. The St. Mary's County Sheriff's office is investigating the incident, and anyone with helpful information is urged to call (301) 475-3333. There is a reward of up to $1,000. You can see an actual video of one of the crashes here, as seen from the perspective of one of the racers. Ouch!!

Motorcyclist Killed in Germantown

Mon, 17 May 2010 08:00:00 EST

Joshua Charles Warden., 27, was killed riding his motorcycle in Germantown, MD early Sunday morning after pulling out from a shopping center parkng lot near 19200 Liberty Mill Road. Witnesses quoted by Montgomery County Police said that Warden was seen leaving the shopping center "at a high rate of speed" at approximately 1:45 AM. Warden was riding an unregistered GSX/R 600 Suzuki motorcycle, and apperently collided with another vehicle, causing him to strike the right curb and hit a utility pole. He was found non-responsive and pronounced dead at the scene. Conspicuously absent in press reports is any indication of whether the driver of the other vehicle may have been at fault. Our thoughts and prayers go out to this young man's friends and family.

Virginia Beach Motorcyclist Killed By Drunk Driver

Mon, 17 May 2010 08:00:00 EST

Andrew Markowitz, 37, was killed by a drunk driver in Virginia Beach on Sunday night, May 16. He was headed southbound on London Bridge Road around 7:00 pm when a Lincoln Town car driven by 62-year-old John A. Smith pulled out in front of him. The rider struck the car on the left rear side, and was thrown from the bike and killed. The press accounts of this man's tragic death typically portray the motorcyclist as a second-class citizen by quoting poice as sayng the rider was travelling at a "high rate of speed" just before the crash. Oh really? And where is the evidence of that? No mention of it in the press accounts. Was he clocked on radar? No mention of that either. But what we do know for certain is that the driver of the car was arrested for DUI, after clearly failing to yield to Mr. Markowitz, who surely had the legal right of way. And yet to read the press accounts, you would think it was the rider's fault. It doesn't look that way to me. Shame on the press and the VIrginia Beach police for once again portraying the motorcyclist as a second class citizen without any real evidence to support fault on his part. Why hasn't this driver been charged with negligent homicide?

DC DUI Laws Apply to Cyclists

Wed, 28 Apr 2010 08:00:00 EST

A recent opinion by the D.C Court of Appeals has ruled that the District's DUI laws apply to bicyclists. The case arose from the arrest of Baker Everton on January 12, 2007. According to the police, Everton was "yelling and screaming, " "wobbling," and stunk of booze when confronted by officers. Initially they gave him a warning, but after he refused and kept going, he nearly hit a small child who was in the crosswalk on Georgia Avenue near Otis Place, Northwest. He then crashed to the ground. When arrested and charged with DUI, his lawyers argued -- unsuccessfully - that bicycles are not "vehicles" under the District's 1925 traffic act. While this ruling seems to come as a surprise to many in the biking commmunity, it shouldn't. In most states, bicycles are considered "vehicles" under their respective motor vehicles codes, which naturally subjets them to all laws governing traffic, including state DUI laws that prohibit operating a vehicle while impaired or otherwise under the influence of alcohol or drugs. Apart from subjecting you to a possible DUI conviction, riding a bike while impaired is just plain stupid. There are enough risks to cyclists out there without adding more. Don't do it.

Charlottesville Cyclist Killed By City Truck

Tue, 20 Apr 2010 08:00:00 EST

A bicyclist was tragically killed yesterday when he collided with a City-owned vehicle in Charlottesville. The accident happend shortly after 9:00 AM on April 19 at the corner of West Main Street and Fourth Street Northwest. According to reports, Matthew Seven King, a graduate student in mathematics at UVA, was killed when a City vehicle turned right when he was on the vehicle's right-hand side. Mr. King was taken to Virginia Medical Center but did not survive the collision. In cases like this, it is imperitive that the family or friends of the victim arrange for an immediate investagtion of the accident scene before critical evidence may erode or otherwise become lost. Similarly, all potential witnesses in the vicinity of the acident should be interviewed immediately, and both the bicycle and the vehicle involved should be carefully impounded and preserved to prevent loss of forensic evidence of the collision itself. Otherwise, it may be difficult to determine eactly what happened, and whether negligence was a factor. As cyclists who ride ever day on our roads and highways, our sympathy, thoughts and prayers go out to the victim's family.

Virginia Motorcyclist Blown Off Bridge

Mon, 19 Apr 2010 08:00:00 EST

Garlon Turner, 60, was riding his motorcycle across the James River Bridge in Newport News Satuurday, April 17 when a high gust of wind blew his bike across the bridge sending him over the railing. According to Sgt. Michelle Cotton of the Virginia State Police, he died at the scene. This tragic incident serves as a reminder that no matter how careful motorcyclists are, the very nature of the sport can leave riders vulnerable to unforeseen dangers through no fault of their own. Our thoughts and prayers go out to Mr. Turner's family.

DC Bicyclist Killed in Collision With Military Vehicle

Tue, 13 Apr 2010 08:00:00 EST

A DC bicyclist, 68-year old Constance Holden of Mount Pleasant, was tragically killed April 12 when the bicycle she was riding collided with a "military vehicle" working the security detail at the nculear summit talks being held in Washington, DC this week. The DC Police gave their usual "the accident is under investigation" explanation as to what happened more than a day after it occured, but did offer up that the miliyary vehicle was "moving forward" at the time of the accdient to block the intersection for a police motorcycle procession headed to the conference - presumably with a dignitary. While we don't yet have any eye witness accounts of exactly what happened, those cyclists who commute regularly in DC know what "pullng forward means." The truck obviously "pulled forward" directly into the path of Ms. Holden. While we can all appreciate the security challenges faced by the DC Police in protecting foreign dignitaries while on official business here, the fact reians that something like this could have easily been avoided had the driver of the vehicle simply looked both ways. The fact that the vehicle was there for security purposes doesn't give it carte blanche legal authority to drive negligently, disobey traffic laws and fail to yield to other vehicles, including bicycles. Ms. Holden was a well-respected and accomplished journalist for the Journal Science, and her tragic death underscores the dangers that commuting cyclists face in the District every day. Our thoughts and prayers go out to her family and freinds.

Virginia Firefighter Killed in Motorcycle Accident

Tue, 13 Apr 2010 08:00:00 EST

James Karban 27, a James City County firefighter, was killed Sunday (April 11) when his motrocycle struck a guard rail on Route 199. State Police investigators say that speed may have been factor, though the investigation is continuing, and that Karban was wearing a helmet but was thrown from the bike and apparently died at the scene. Our thoughts and prayers go out to this man and his family.

Six Virginia Motorcyclists Killed In Past 11 Days

Tue, 13 Apr 2010 08:00:00 EST

Six Virginia motorcyclists have been killed in the past 11 days - a huge spike in motorcycle fatalities. While the warmer Spring weather always brings more motorcyclists out on the roads, this is an unusually high spike over such a short period. It serves as a reminder that while drivers are enjoying the warm Spring weather and the beautiful scenic views that go with it, they need to pay careful attention to the road in front of them. All to often, the failure to yield right-of-way by automobiles results in tragic motorcycle accidents that result in serious injuries or deaths.

Virginia Motorcyclist Struck and Killed By SUV In Leesburg

Tue, 13 Apr 2010 08:00:00 EST

James W. Boice, 39, of Harpers Ferry, W.VA. was struck and killed in Leesburg Saturday at about 6:30 AM while he was stopped at an intersection. According to police, the Suzuki motorcycle he was riding was struck by a Jeep Cherokee SUV driven by Brian H. Beck, who was cited for reckless driving. How or why this tragic accident happened is not yet known, and local police are looking for witnesses. However, based upon our experience, it is important that Mr. Boice's family retain an investigator immediately to look for potential witnesses, interview possible witnesses in the vicinity, and examine the scene for any physical evidence that might be recoverable. This is because in our experience, because of the "contributory negligence doctrine" in Virginia, insurance companies will use any excuse to deny liability, particularly where the injured party is on a motorcycle. All too often, motorcyclists are presumed to be guilty fo traffic wrongdoing simply because they are riding a bike. For more on this and why it is true, email me for a free copy of my new book: WRECKED: Your Legal Rights In A Motorcycle Accident. Our thoughts and prayers go out to Mr. Boice's friends and family.

DC Crackdown on Motorcyclists Outrageous

Mon, 12 Apr 2010 08:00:00 EST

This weekend I heard a flurry of radio ad spots by the DC Metropolitan Police claiming that they're "cracking down" on motorcyclists who speed, drink and drive, disobey the traffic laws, etc. Cracking down on motorcyclists? Are you kidding me? Since when is there any evidence that a disproportionate number of motorcyclists disobey the traffic laws as compared to other drivers?? Every study and piece of empirical evidence I've seen shows that in the overwhelming majority of motorcycle accidents, an automobile was at fault, leading to massive injuries and often fatalities on the part of the riders. And are the auto drivers usually cited by the police? In my experience, almost never. That's because in the eyes of many police officers, motorcyclists are presumed guilty of causing the wreck whether they were responsible for it or not. Exhibit "A" as evidence of this tendency is the latest ad campaign sponsored by the DC Police. They'd be better off targeting their "get tough" campaign to ALL drivers in the District's roads and highways, and not single out motorcyclists through the not-so-subtle implicit message that they are all reckless in their riding. Nothing could be further from the truth. This ad campaign simply proves my point that all too often, in the eyes of the police and the courts, motorcyclists are second class citizens -- citizens who need to stand up for their rights!

Older Motorcyclists At Risk

Wed, 07 Apr 2010 08:00:00 EST

According to a new study published by the University of Rochester Medical Center published in March 2010, older motorcyclists are getting into more serious wrecks than ever before, and are also vulnerable to more serious injuries than younger riders. While these findings may simply be driven by the fact that motorcycle owners in the U.S. as a whole are getting older, the findings contradict a lot of assumptions people have about younger, less experienced riders being at greater risk of injury. Among the study's findings: preexisting conditions and less resistance to injury complicate recovery for older riders; riders above 40 have higher death rates than those under 40; older riders are far more likely to end up hospitalized than younger riders, and the proportion of injured riders over 40 increased from 28% to more than 50%. When you combine these facts with the financial calamity that can attend a serious motorcycle accident, it is more essential than ever that motorcyclists know and protect their legal rights if they are involved in an accident. If you or someone you know has been in a motorcycle accident, get the facts. You can obtain my informative book, WRECKED: Your Legal Rights In a Motorcycle Accident, at Amazon.com. And if you live in Virginia, DC or Maryland, the book will be mailed to you for free, or if you're in a hurry, can be downloaded here with no obligation. Knowledge is power. Arm yourself with the facts.

Distracted Driving Kills Hands Free Devices Useless

Mon, 05 Apr 2010 08:00:00 EST

Another article in this Sunday's The Washington Post highlighted once again the extreme dangers of using hand-held telecom devices while driving. Fully 80% of the DC area drivers polled reported seeing incidents of distracted driving - a big surge in the last five years. Not surprisingly, most people feel that they themselves have the unique ability to effectively "multi-task" -- that is -- use their portable devices and drive safely at the same time. The sad truth of the matter however, based upon a mountain of empirical studies, shows that no one has the ability to multi-task - especially while driving. In fact, those same studies show that even when so-called "hands free" bluetooth and similar evices are employed so that both hands can remain on the wheel, the level of distraction remains the same. In other words, in the case of mobile phone calls, hands free devices simply do no good. It isn't the use of one hand that's the problem - its the focusing of one's attention on the phone conversation. Texting and surfing the web, of course, present different but equaly dangeroius issues. By diverting both the mind and the visial attention away from driving, the dangers are even greater. We all owe it to ourselves to take these studies seriously, and cease communicating once and for all when we are on the road. We aren't as good at it as we think we are.

Maryland Motorcyclist Killed Speed A Factor

Tue, 30 Mar 2010 08:00:00 EST

Deven Rachar Blackshear, 31, was killed this past Saturday when his 2009 Ducati motorcycle crashed into the side of a van merging onto Route 301 in Waldorf, MD. The driver of the van and a toddler in the back seat were also injured, and flown from the scene to Children's National Medical Center in DC. Apparently the force of the collision was so great that the bike flew into a car heading into the opposite direction. While police reported that speed was a "factor" in the accident, it's difficult to know what caused it, and who was really at fault. As many cyclists find out the hard way, "failure to yield" by a car or truck pulling out in front of them is a frequent cause of serious motorcycle accidents. Our prayers and sympathies go out to Mr. Blackshear's family and all involved in this tragedy. Be safe out there.

Slip and fall victims of snow and ice in DC are out of luck!

Tue, 09 Feb 2010 08:00:00 EST

After our big "Snowmageddon" storm in DC this week, the Washington Post ran an article about sidewalk clearing etiquette and the legal obligations of business owners to clear and treat the sidewalks in front of their establishments. One thing they didn't mention, however, is that if you happen to take a nasty fall and get hurt in the District of Columbia, it doesn't matter if the business responsible for that section of sidewalk failed to clear it or not. Under DC law, they have the obligation to do it, but because of a ridiculous decision by the DC Court of Appeals in 2007, the injured person has no legal "standing" under the statute to bring suit for his or her injuries. That's right. The business can be fined by the city, but if you are paralyzed for life, it's tough bunny rabbits. The only exception is if you can prove that the snow/ice actions taken by the business or landlord actually made the condtions worse, which is tough to prove. So there you go. Be careful out there!

More DC Metro Workers Killed In Preventable Accident

Thu, 28 Jan 2010 08:00:00 EST

Two more DC Metro train workers were tragically killed on Tuesday, January 26, 2010 while doing track maintenance in Rockville, MD. Based upon published reports in The Washington Post, the accident was clearly preventable. The two men, veteran Metro workers Jeff Gerrard, 49 and Sung Oh, 68, were crashed by a truck that was backing up on the tracks while the system was shut down for maintenance. The truck was in reverse at the time, and reportedly was backing up without a "reverse alarm" otherwise common on construction site vehicles. I have been blogging for months that the unprecedented series of injuries and deaths on the DC Metro system in the last year alone is outrageous, and that more significant safety reforms need to be implemented without delay. Sadly, this latest latest tragedy confirms the truth of that fact. Is a complete Federal takeover of the Metrorail system the only option? I'm beginning to think so. How many more deaths will it take for Metro officials to wake up?

New website features motorcycle safety resources

Tue, 26 Jan 2010 08:00:00 EST

Accident Scene Management, Inc. has just announced the launch of a new website, www.roadguardians.org to provide motorcyclists with important new rider safety and legal resources. The site is extremely user friendly, and provides a list of great safety resources to motorcyclists intersted in improving their riding skills, as well as how to manage an accident scene safely and effectively should an accident happen. With motorcycle injuries and fatalities on the rise nationally, I am a strong supporter of all things that encourage motorcycle safety, and this group has done a great job of doing just that. Check them out at www.roadguardians.org .

Metro Drags Its Feet on Needed Safety Improvements

Sat, 26 Dec 2009 08:00:00 EST

Once again, we learn the unfortunate truth that DC's Metrorail transit system has a deeply flawed safety program. For years, dozens of critical safety improvements have been recommended following serious train and bus crashes. Yet despite these numerous recommendations, Metro has either ignored them completely or dragged its feet without implementing them. Now we learn (in today's Washington Post) that dozens of crash investigations going back a number of years still aren't complete. Are you kidding me? It is taking Metro years to investigate individual crashes? What does that tell you about the culture of status quo acceptance that is rampant in Metro's management? The recent shake up of senior personnel responsible for safety at this troubled agency is a start. But it's going to take a lot more than a slick PR campaign and a few headlines to fix the serious problems that are plaguing this agency. Hats off to the Washington Post investigative team, whose recent series of articles have obviously played a major role n casting a white hot spotlight on this troubled agency. Now the hard part begins: fixing the problems. Get on the stick Metro! Safety should be your first priority!

Two Pedestrians Killed in DC in 24 Hours

Thu, 24 Dec 2009 08:00:00 EST

Two pedestrians were killed within 24 hours on DC sidewalks this week. These tragic events highlight the fact that children and seniors are especially vulnerable to car / pedestrian accidents, and that we all need to be vigilant when walking in urban environments, especially during the Winter months. While details of both accidents are a bit sketchy in terms of causation, these are certainly tragic events, and our thoughts and prayers go out to the families of these innocent victims.

Driver Charged With Manslaughter in Cyclist's Death

Tue, 15 Dec 2009 08:00:00 EST

This tragic story of how a young woman driving her SUV, stoned on weed and distracteddly eating her McDonald's breakfast, ran a red light in Anchorage and killed a 14-year old boy riding his bike to work. The victim had already led a difficult life in foster homes, and but was overcoming past challenges when his life was cut short. This story illustrates all too well the dangers both of driving while impaired, and just as importantly, driving while distracted - in this case eating a meal. Whether it is cell phone use, texting, eating, or whatever, the evidence is clear. Distracted driving kills. You can read the sad details here in the Anchorage Daily News. Our thougths and prayers go out to this young man's family and friends.

DC Metro Fires Chief Safety Officer, So What?

Tue, 15 Dec 2009 08:00:00 EST

The decision by DC Metro's General Manager this weekend to fire the beleaguered agency's top deputy and safety chief is nothing but window dressing - a transparent public relations ploy to boost the agency's image as being more "serious" about tackling its chronic safety issues. The truth of this lies in the fact that nothing was done to hold these officials accountable - even months after the system's worst train crash - until Congresswoman Barbara Mikulski (D-MD) called the agency to task at a Congressional hearing earlier in the week. The fact that this move was nothing but window dressing was clear in the words used by General Manager John B. Catoe, Jr. when explaining the move to his board. He said that the move was necessary to make Metro's allegedly renewed focus on public safety more "visible" to improve "public perception" and "confidence." In my opinion, this lame "business as usual" attitude at Metro illustrates what we've been saying for months. This agency just doesn't get it. Until fundamental safety reforms happen from the ground up, the public is at risk.

Motorcycle Accident Expert Prof. Harry Hurt, Reknowned Author of the "Hurt Report," Dies at 81

Thu, 03 Dec 2009 08:00:00 EST

Professor Harry Hurt, who in the eyes of many was the world's foremost authority on motorcycle crash causation, died in Pomona, CA on November 29. Author of the famous "Hurt Report" published in 1981 by the National Highway Safety Traffic Administration ("NHTSA"), Prof. Hurt conducted the most exhaustive study on motorcycle crashes ever conducted. You can read a great summary of the report's findings here. Most recently, he provided helpful advice to me when I was writing my new book on the rights of motorcyclists injured in crashes. He was an extremely nice, intelligent man, who accomplished a great deal, and will surely be missed by freinds, family, and the entire motorcycling community at large. You can read more about Professor Hurt in today's Washington Post.

Virginia Motorcyclist Killed In Deer Collision

Mon, 30 Nov 2009 08:00:00 EST

A 62-year old Virginia motorcyclist, Benjamin B. Miller, was tragically killed on Sunday, November 28, 2009 when his bike collided with a deer just west of Staunton, VA. According to press reports, Mr. Miller was wearing a helmet but was killed instantly. This is a tragic event indeed, and highlights the importance of being extremely vigilant for deer - particularly in the hours just before dawn and dusk when they tend to move around more frequently. Our prayers go out to Mr. Miller's family.

DC Metro Train Accident Injures Three and Wrecks Three Passenger Cars

Mon, 30 Nov 2009 08:00:00 EST

Once again, DC Metro rail reports an unexplained train collision that was obviously a result of operator error; computer errors, or both. Fortunately, the three Metro workers that were injured reportedly received only "minor" injuries, but press reports this afternoon confirmed that the wreck was bad enough to have trashed three passenger cars to the point of being irreparable. Nice. It appears that the operator was relatvely inexperienced, and the accident occurred near the end of his shift, suggesting fatigue as a possible cause (in my opinion). My question is simply this. How many more train wrecks is it going to take for DC's Metro to make some serious changes to its safety procedues and operator training? Considering how many people in the DC area use Metro rail daily, I am amazed that there isn't more of an outcry from our elected officials in the region, not to mention the general public. This "business as usual" attitude at Metro is outrageous, and should not be tolerated.

DC Regional Traffic Planning Should Promote More Bike and Rail Use!

Wed, 25 Nov 2009 08:00:00 EST

DC regional planners have got it all wrong. Their solution to the horrendous traffic problems here in our nation's capital is to simply build more and more roads and highways. Say what? Doesn' that simply encourage more and more people to use their cars for transportation? If you agree with me that more resources should be devoted to encouraging bicycle and light rail use for commuting, check out the attached article here and file your comments on the pending "Greater Washington 2050" regional task force plan. Pro auto groups like AAA and others are weighing in heavily on this, and simply dismiss any solutions other than "build roads everywhere." Come on guys. I say we can do better. It's time for some fresh thinking on this, and your input can make a difference. Send in your comments today.

Arlilngton Workers Electrocuted on Glebe Road

Wed, 25 Nov 2009 08:00:00 EST

In a terrible accident this afternoon, two Arlington County workers were killed when attempting to fix a water main break on Glebe Road. According to the Washington Post, they were setting up a generator for some some lighting in order to continue working into the night, and their metal ladder made contact with live electrical lines. It occurred near the intersection of Glbe Road and old Glebe Road. Hopefully, workman's compensation will afford the victims' families appropriate compensation in the face of this terrible tragedy.

Senator's Wife Arrested For DUI

Fri, 20 Nov 2009 08:00:00 EST

Charlene Lugar, 76, wife of Senator Richard Lugar (R-Ind), was arrested in McLean, VA Wednesday night. Apparently police saw her car stopped at an intersection with damage and smoke coming from the hood. According to the Associated Press report, she had struck a parked car a few blocks up the road. This is yet another example of strict enforcement of the DUI laws in Fairfax County and throughout the Commonwealth of Virginia. This is one tough state when it comes to DUI enforcement and penalties. Depending on her breath alcohol content, this 76 year-old woman could be facing mandatory jail time, a mandatory one year loss of her license, and forced participation in Virginia's Alcohol Safety Action Program (ASAP), even if convicted as a first offense. Anyone who thinks that public figures aren't susceptible to VIrginia DUI enforcement hasn't been reading the news lately. Just ask Alexandria's (former) Chief of Police, David P. Baker, who recently lost his job for a DUI in Arlington County.

Federal Overight of DC's Metro Makes Sense

Mon, 16 Nov 2009 08:00:00 EST

The Administration's proposal announced over the weekend to bring DC's Metrorail system and other subway systems under federal regulatory control makes sense. There needs to be a coherent national strategy to effectively regulate Metro and other subways in a more consistent manner. In the last few years, DC's Metro has developed a terrible safety record, and yet no significant changes seem to be happening in their safety procedures or policies. If the local authorities can't do it right, maybe the Feds can. I say it's worth a try if we want to use these options effectively to increase ridership and reduce greenhouse gas emissions.

DC Contra Flow Bike Lane Is A Great Idea

Mon, 16 Nov 2009 08:00:00 EST

DC's experimental use of a southbound "contraflow" bike commuter lane in 15th Street is a good idea. There have been some initial problems with riders going the wrong way (North), illegally parked cars and other things, but this is a bold idea that may take some time to sort out. I applaud any attempts by DC city officials to promote safer bicycle commuting. It promotes health; reduces traffic; cuts down on greenhouse gas (and particulate) emissions, and provides lots of other benefits to the urban community. I say "well done" DC - let's see more creative thinking (and action) to promote more and safer bicycle commuting!

Parked cars blocking your DC bike lane? Report them here!

Mon, 16 Nov 2009 08:00:00 EST

If you're a regular user of dedicated bike lanes in DC, you've surely been frustrated by illegally parked cars blocking the lanes. Got a cell phone camera? Shoot the pic and post it here with some creative commentary. Whether it will have any impact I don't know, but hey, you'll feel better!

Motorcycle Deaths Jump 87 Percent in Virginia

Tue, 10 Nov 2009 08:00:00 EST

This news came out in June 2009, but highlights the fact that trends in Virginia are following the trends nationally. More motorcyclists are dying on the roads every year, and an incredible 20% - roughly 62,000 - of Virginia's motorcyclists are estimated by the Virginia State Police to unlicensed. And 80% of motorcycle crashes in Virginia result in injury or death. So be careful out there!

Doctor using his car as a weapon

Thu, 05 Nov 2009 08:00:00 EST

Everyone who commutes or rides a lot on the road has experienced the "fear and loathing" by psycho drivers like this guy. I don't know why it is, but some drivers out there cannot stand the thought of actually SHARING THE ROAD with bicyclists who have every legal and moral right to be there. In any event, it's good to see a conviction like this, and I hope his sentence is strong enough to send a message to like-minded "road ragers" out there. Lighten up!

The 5 Myths About Medical Negligence

Thu, 05 Nov 2009 08:00:00 EST

This recently issued report by the American Association for Justice sets forth in well-supported detail why medical malpractcie lawsuits are NOT a significant factor when it comes to driving up the cost of health care. To the contrary, the problem is the disturbing increase in the number of cases in which medical negligence results in grievous injuries to patients. As detailed in this AAJ report, the number of lawsuits are declining, and the amounts being paid out in compensation are also declining. But instances of medical negligence are increasing. If the insurance companies are serious about being on "our side" when it comes to reducing healthcare costs, they should focus their multi-million dollar lobbying campaigns on improving treatment safety protocols, rather than trying to deny innocent victims their right to compensation in cases where serious medical negligence has been proven to the satisfaction of a jury.

Motorist Who Intentionally Targets Cyclists Convicted!

Wed, 04 Nov 2009 08:00:00 EST

Dr. Thompson, a California doctor, was recently convicted by a jury in California of intentionally slamming his car brakes on while driving in front of cyclists, causing them to collide with the back of his car. Apparently, he he has pulled this stunt several times, causing serious injuries to a number of cyclists. Incredibly, this man is a former emergency room doctor! This is road rage at it's worst, and I'm delighted to see that the jury agreed. I hope he sees some serious jail time for this outrageous behavior. He deserves it.

Virginia Stolen Motorcycle Ring

Mon, 02 Nov 2009 08:00:00 EST

If you've had your motorcycle stolen in recent months, you should check with the police about this theft ring chopping up bikes and shipping them to Bolivia.

2007 NHTSA Motorcycle Accident Data

Mon, 02 Nov 2009 08:00:00 EST

The new NHTSA data on motorcycle accidents in 2007 is out, and it shows several distrubing trends. First, the number of fatal accidents is up over previous years. Secondly, the number of fatal bike crashes involving alcohol-impaired riders remains alarmingly high. In Virginia, for example, out of 126 riders killed in 2007, 29% had blood alcohol content (BAC) of over.08% (the amount at which one is legally presumed to be driving while impaired). And over 39% had some alcohol in their system. In Maryland, the same numbers were comparable at 23% and 30%, respectively, and in the District of Columbia, 50% and 100%. These are bad statistics indeed, and demonstrate the need for greater awareness among motorcyclists - especially those who think they can ride and party. Stop and think: if you ride a bike, you are already at substantially greater risk of being killed, especially by negligent auto and truck drivers. Why do anything to make your chances even worse? Be safe out there! Don't drink and ride!

Alexandria Police Chief Regrets DUI Big Time

Mon, 02 Nov 2009 08:00:00 EST

It's no surprise that former Alexandria Police Chief David P. Baker regrets his recent DUI conviction in Arlington County big time. He lost his job as Chief of Police in Alexandria, trashed and tarnished his distinguished career in law enforcement, lost his license for a year (mandatory in Virginia for a DUI first offense), and spent a humiliating 5 days in jail. And if that weren't enough, now he can't even get a life insurance policy. In speaking out forcefully to prevent others from making the same mistake, however, he should be given credit for taking responsibility for his actions. His YouTube Video says it all, and is worth watching.

Mandatory Helmet Laws Save Lives

Fri, 30 Oct 2009 08:00:00 EST

Just mentioning "helmet laws" drives some bikers crazy. They resent government intrusion on what they feel is a personal safety decision, and I respect their views. As it happens, however, most of my clients who have been injured in motorcycle accidents were wearing helmets, and were thankful they did. Regardless of where you come down on the issue, there is a large mass of data to support the contention that wearing helmets DOES save lives. For a good summary of the latest long- term study conducted by the University of Miami which confirms the fact, check it out here.

Tort Reform Is A Scam

Thu, 29 Oct 2009 08:00:00 EST

I don't practice medical malpractice law, but I have something in common with most lawyers who do. I know that so-called "tort reform" is a scam, and that most tort reform advocate groups are nothing more than highly paid fronts for the insurance industry. Their sole motive is to increase insurance company profits at the expense of people suffering grievous injuries as the result of negligent medical treatment (or in the case of auto accident cases, negligent driving). If you'd like to read a thoughtful article on why tort reform (i.e limiting medical malpractice cases) will do nothing to reduce health care costs, check out the attached opinion piece from the Wall Street Journal written by Rahul K. Parijh, MD, a treating physician who knows what he's talking about. Any rebuttal comments or thoughts are welcome and will be posted.

California Bans Cell Phone Use and Texting

Thu, 22 Oct 2009 08:00:00 EST

An increasing number of states are banning cell phone use while driving, including texting. California is the latest. There is an increasing body of data showing not only that these practices result in serious accidents and fatalities, but that agggressive enforcement may be contributing to a decline in such accidents. I support these laws, and hope you do too.

Most Fatal Accidents Are Single Car Accidents

Thu, 15 Oct 2009 08:00:00 EST

With all the scary stories in the news about head on collisions are drunk drivers, most folks who consider themselves responsible drivers worry about the "other guy" that could involve them in a terrible accident on the highway. But the reality of the situation paints a different picture. New data out from the NHTSA shows that 60% of the 1449 people killed in accidents in Virginia, Maryland and DC between 2004 and 2008 died fron single car accidents. They accounted for 64% of Virginia's traffic deaths, 62% of the District's, and 53 of Maryland's. Are these all so-called "freak accidents" that "just happen"? Of course not. While alcohol is always a statistical factor, there is more evidence all the time that distracted driving resultng from cell phone use and texting are also causative factors. Additional common demoninators include speeding, and having a track record of prior traffic convictions and crashes.

DC Metrobus Kills Woman Pedestrian

Tue, 13 Oct 2009 08:00:00 EST

Another tragic accident happened in DC this week when a Metrobus struck and killed Stephanie Richardson, 47, as she was crossing the street after having just departed another Metrobus that was stopped. This is just the latest in a sequence of tragic accidents involving DC Metrobuses with pedestrians and cyclists. She was the first person killed by a Metrobus since September 2008 but this was the second high profile acident in less than a month. Metro has recorded a deadly four months, with nine killed and 80 injured in a June 22 rail crash; a worker killed working a gravel spreading machine; a worker electrocuted at a bus garage, and another Metro employee killed by a train. While I applaud the continuing investigations into these tragic accidents, I think it is pretty obvious by now that a top-to-bottom safety procedures review is warranted for both train and bus operators.

Tractor-Trailer Driver Denies Computer Use Caused Accident

Tue, 06 Oct 2009 08:00:00 EST

A Virginia trucking Company, Old Dominion Freight Line, Inc., has been sued alleging that one of its tractor-trailer drivers rear-ended a car in South Dakota causing serious injuries. The allegation is that the driver was distracted by using an onboard company computer at the time. The company says he wasn't "using" it, just "glancing" at it. Right. Excuse me, but if he was looking at it at all instead of keepng his eyes on the road, he certainly was using it. As an ex-long haul trucker myself, I know how dangerous these rigs can be, and how long their stoppng distances are, especially when loaded. There is no excuse for using cell phones, on-board computers, or anything else that distracts a commercial driver even 1% from his attention to the road. Big rigs are dangerous enough as it is, and should be securely parked before any such commnications devices are used. Period. My two cents.

Mandatory Penalties For Texting While Driving

Mon, 05 Oct 2009 08:00:00 EST

The Federal Dept. of Transportation convened a huge conference in Washington, DC this week to talk about the dangers of texting while driving. This subject has been getting a lot of press lately, and it should. The figues are sobering: 2,600 deaths, 342,000 injuries and a financial toll of $42 billion annually resulting from text / cell phone-use accidents. In fact, reserach shows that texting is as dangerous as drunk driving when it comes to increased risk for the driver and others on the road. My question is, why aren't our elected officals taking this seriously? Most of the laws on the books so far, including Virginia's, are a joke. Slap on the hand fines? That won't get the job done. What will get the job done is mandatory jail time. Think about it. If we have mandatory jail for DUI, and texting is just as dangerous, why not? Will anything less change drivers' behavior? I don't think so. History has proven that catchy slogans and ad campaigns simply don't work. Mandatory penalties (like a weekend in jail) do. Check out today's Washington Post Article and tell me if you agree.

NTSB Statistics Show Motorcycle Deaths Up Again!

Fri, 02 Oct 2009 08:00:00 EST

New NTSB stats released in Washington this week held good news and bad news. The goods news is that higway fatalities generally were down almost 10% between 2007 and 2008. The bad news is that motorcycle deaths are on the rise - again - continuing a trend that has steadily worsened since 1998. Some experts believe that failure to use helmets, combined with the overall increases in numbers of people riding bikes, are significant factors. Regardless, take some advice from a lawyer who has represented many victims of bad motorcycle wrecks. #1. Take a certiication course from the Motorcycle Safety Foundation. (Stats show your chances of getting in an accident will be reduced if you do.) #2. Call your insurance agent and buy all the un-insured / under-insured (otherwise known as "UM / UIM") coverage you can afford. That way, if you are injured as the result of a negligent driver, you won't have to worry about whether HE has enough coverage to compensate you for your injuries. You'll already have it.

Fixie bikes are cool in Washington DC

Mon, 28 Sep 2009 08:00:00 EST

There's no denying it. Fixie bikes are cool! They look cool and they ride cool. Aesthetically pure and beautiful to anyone who appreciates the true essence of bicycle design, it's no wonder they are the rage of the modern urban hipster. Just ask the Washington Post. Without brakes though, they're also way dangerous to ride. But hey, whoever said hip comes without a price? Here's my two cents: if you're new to cycling, or just can't resist the temptation to go "fixie," do yourself a favor and get one with brakes. Your body (and your knees) will thank me for it!

Commercial Drivers Texting On Mobile Phones Are A Menace And Cause Accidents

Sat, 26 Sep 2009 08:00:00 EST

A highway safety group has petitioned the U.S. Dept. of Transportation to prohibit texting and cell phone use by commmercial drivers nationwide. This comes in the wake of some horrific tractor trailer and commercial bus accidents resulting from cell phone use by professional drivers. I say "it's about time." As in "mandatory jail time" for any commercial driver that gets caught. Think that's too heavy handed? Check out the video on this link of a bus driver texting just before he crashes into a car. It might change your mind.

Throwing Out DC Car Safety Inspections Is Insane!

Thu, 17 Sep 2009 08:00:00 EST

The DC Government's decision this week to do away with mandatory car safety inspections is crazy. Some of my friends in the District are saying "cool, one less government intrusion," but the fact is, having safe cars on the road saves lives and a whole lot of health care costs. Couple that with the fact that 35% of the cars tested annually in the District failed to pass, and what does that tell you? Mayor Fenty claims $400,000 saved a year. That's pocket change compared to the medical and legal costs we'll all bear, not to mention the damage to people's lives. Think the impact will only be the District? No way. Maryland and Virginia will be affected too. Pure idiocy.

DC Metro Buses Colliding With Cyclists

Thu, 17 Sep 2009 08:00:00 EST

We had another DC Metrobus / bicycle collision yesterday, and as usual Metro blames it on the cyclist. Metro's Taryn McNeil said her "preliminary investigation" was that the cyclist "ran into the bus." The DC Fire / EMS spokesman, however, said the injured cyclist was adjusting her bike on a bike rack when the bus somehow ran over the bike. Huh? Which is it Metro? Check out the photo and story here and see what you think happened. He also said the cyclist was transported to an area hospital with neck and back pain - injuries not considered "serious." (Right. Tell that to anyone who's experienced neck and back pain from a traumatic accident!) In my opinion, this is the latest in a disturbng trend of DC Metro bus accidents involving pedestrians and cyclists, and it's time WMATA started taking these incidents more seriously before another cyclist is hurt or killed.

The 10 Worst Insurance Companies

Mon, 07 Sep 2009 08:00:00 EST

The American Association for Justice issued a scathing report of what it believes to be the "10 Worst Insurance Companies" last year, and if you're a non-lawyer insurance consumer, the results may surprise you. Think your in "good hands" with Allstate? Not according to this report! Based on court records and consumer complaints to insurance regulators, the AAJ lays out in shocking detail some of the hardball tactics that many insurers employ to "delay, deny and defend" against claims filed by their policy holders and those injured in accidents. Not surprisingly, the report concludes that despite being heavily fined and sanctioned by regulators, many insurers continue to employ these unethical practices for the simple reason that it works. Profits are up. Way up! For those of us that pracice in the personal injury space, these results are hardly surprising. But for the rest of you out there, I strongly encourage you to read the AAJ's report. While I do not agree with some of the more sweeping conclusions presented, I do believe that serious regulatory reform is warranted for the industry as a whole. Read it here and draw your own conclusions.

Motorcycle accident deaths on the rise in DC area

Thu, 03 Sep 2009 08:00:00 EST

What do Chris Ford, Marc Grant and Tony Trilli have in common? All three were motorcyclists killed in the DC area in the same 36 hour period a few weeks back.

On August 24, 2009, the Washington Post published an article examining possible causes of what appears to be a significant increase in motorcycle deaths in the DC area this year.

The big question, of course, is why? According to the author, the increase may simply be due to an increase in the amount of traffic in the region generally, including more bikes on the road. A secondary, but equally important issue however, is whether the negligence of the motorcyclists or the cars is the most frequent cause of bike crashes and fatalities.

According to the famous “Hurt Report,” the most comprehensive study of motorcycle accidents ever undertaken (and sponsored by the National Highway Traffic Safety Administration in 1981), in multiple vehicle accidents, “the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.” That’s right. Two out of three accidents were the car’s fault.

Without doubt, I am biased on this issue. As a lawyer who represents a lot of injured motorcyclists, I believe that motorists are to blame most of the time. But however you view the issue, in my opinion, motorists and bikers alike need to exercise even greater caution out there if we are to reverse this disturbing trend of death and mayhem. Innocent lives depend on it.