Washington Personal Injury Lawyer & Attorney : Regan Zambri & Long Law Firm : DC Metro Area Personal Injury Law Blog

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Everyone associates the July 4th holiday with fireworks.  All too often, it also is associated with injuries.  According to the Consumer Product Safety Commission (CPSC), approximately 9800 people were treated in hospital emergency rooms for fireworks-related accidents in 2007.  The following recommendations from CPSC offer common sense safety guidelines:

• "Do not allow young children to play with fire-works under any circumstances. Sparklers, considered by many the ideal "safe" firework for the young, burn at very high temperatures and can easily ignite clothing. Children cannot understand the danger involved and cannot act appropriately in case of emergency.
• Older children should only be permitted to use fireworks under close adult supervision. Do not allow any running or horseplay
• Light fireworks outdoors in a clear area away from houses, dry leaves or grass and flammable materials.
• Keep a bucket of water nearby for emergencies and for pouring on fireworks that don't go off.
• Do not try to relight or handle malfunctioning fireworks. Douse and soak them with water and throw them away.
• Be sure other people are out of range before lighting fireworks.
• Never ignite fireworks in a container, especially a glass or metal container.
• Keep unused fireworks away from firing areas.
• Store fireworks in a dry, cool place. Check instructions for special storage directions.
• Observe local laws.
• Never have any portion of your body directly over a firework while lighting.
• Don't experiment with homemade fireworks."

We wish all of our readers a very happy and safe celebration for Independence Day weekend.

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Posted by: Salvatore J. Zambri, Esquire

As you may have heard, lawyers have already filed lawsuits stemming from the recent tragic crash involving two Metro-trains on the red-line.  My firm represents injured victims and their families, but we have not yet filed suit for several reasons.  For one, the Nation's capital is in mourning still.  Some time should pass before litigation begins.  Second, investigations are continuing and we are unearthing more and more relevant evidence. Third, families and victims have gone through enough.  It seems to me that working with WMATA to resolve cases fairly and effectively is a better approach than running to the courthouse.  If a fair resolution cannot be achieved, then the courthouse is thankfully available so justice can be obtained.

My firm has secured the largest settlement in WMATA's 33 -year history.  Perhaps it is due to our firm's reputation that allows us to resolve cases with large truck companies and entities like WMATA instead of filing suit so quickly.  A resolution saves a client money, time, and emotional anguish.  Early resolution--if possible--should be every attorney's goal in any case.  Of course, again, if the defendant proves to be unreasonable, a lawyer should have the resources and experience to fight for full justice.  Because defendants recognize that my firm has the resources necessary to litigate catastrophic cases and that we are always prepared to litigate cases aggressively, they more often than not want to settle cases with us early on, and on terms favorable to our clients. 

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Posted by: Salvatore J. Zambri, Esquire

Trucks account for only 3% of the vehicles on our roadways, yet they are involved in 12 percent of all crash fatalities.  According to a Public Citizen report, "Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes."

Congress is now considering taking action--action that is long overdue. Specifically, Congress is working on legislation that would limit or curb truck sizes and weights. Experts have acknowledged that the larger the truck, the more likely it is to kill or cause serious injuries. Increased weights and sizes also lead to greater infrastructure damage to our roads and bridges.  And, of course, bigger trucks emit more toxic pollution into our environment.

We encourage you to visit Public Citizens' website and contact your representatives in Congress, encouraging them to limit the weight and size of trucks.  It will lead to greater safety and public health.

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Posted by Patrick M. Regan and Paul Cornoni

A 5-year-old girl tragically died last weekend in an apparent drowning at a crowded College Park community pool operated by the Maryland-National Capital Park and Planning Commission.  This horrible story was published recently in the Washington Post.   

In addition to the 50-meter pool, the aquatics center has a baby pool, but the girl was found in a 2-foot-deep area of the larger pool. The shallow end is separated from the deep end by a rope at a depth of about 3 1/2 feet.  Witnesses have stated that in the minutes before the girl was found unconscious and not breathing, lifeguards reported seeing several children and "normal play activity" in the shallow end of the pool.

Tragically, similar incidents happen each summer.  Although the cause of this event has not yet been identified, Regan Zambri & Long has handled several similar incidents.  These incidents are usually due to a number of factors including:  (1) poor supervision by lifeguards; (2) negligent training of pool staff and personnel; as well as (3) inadequate number of lifeguards for the amount of children in the pool.  

 A few important safety tips for parents as published by mychildsafety.net:

• Always keep your swimming pools fenced and locked.
• Pool owners should invest in a pool alarm.
• Always remove covers from pools before swimming. Partially covered pools are dangerous and crucial to children's water safety.
• Never take your eyes off your child even if he/she isn’t swimming.
• Make sure diving boards are securely anchored and well constructed.

For information about this topic or your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC at 202-463-3030.

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By Victor E. Long, Esq.

Researchers reporting in the National Journal of Cancer believe that coffee – not green tea – reduces the risk of colon cancer. When researchers reviewed data on the beverage-drinking habits of more than 96,000 Japanese men and women over a 10-year period, they found that coffee significantly lowered the risk of colon cancer in females. The findings should be particularly interesting for women who enjoy coffee frequently.   Women who regularly drank three or more cups of coffee a day had a 32% lower risk of colon cancer than those who almost never consumed coffee -- even after taking into account factors that could have affected risk. Colon cancer risk was not reduced for men, and neither women nor men had a reduced risk of rectal cancer.  The mechanism by which coffee may prevent cancer is unknown. It might be due to the caffeine in coffee that could stimulate the working of the colon, or the effect could be due to the antioxidant properties of coffee.

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By Victor E. Long, Esq.

According to the Washington Post, a train control system that should have prevented Monday's deadly Metro crash failed in a test conducted by federal investigators, officials said yesterday, suggesting that a crucial breakdown of technology sent one train slamming into another.

Investigators with the National Transportation Safety Board performed the simulation Wednesday night. In the test, investigators positioned a train in the same location as the train that was rear-ended Monday. The system failed to detect that the idled test train was there, the NTSB said. Investigators did not say what caused the malfunction, and they stopped short of saying the system failure caused the crash.

The test results are significant because they confirmed earlier findings of "anomalies" in an electrical track circuit in the crash area.

Information regarding the accident has previously been provided in several earlier posts.

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Posted by: Salvatore J. Zambri, Esquire

According to a recent Washington Post article by Lyndsey Layton, Maria Glod and Lena Sun, "Federal investigators said yesterday that they found 'anomalies' in a key component of the electronic control system along the Metro track north of Fort Totten, suggesting that computers might have sent one Red Line train crashing into another."  The report comments that a senior WMATA offcial has now come forward to state that "the computer system appeared to have faltered."

There is a 740-foot-long circuit near the crash which provides critical information, as well as authorization and speed commands to a following train.  If defective, major incidents, like the one recently experienced, can occur.  "If the train protection system is working as designed, when one train begins to enter the two-block buffer behind another, the computers automatically deploy the brakes on the second train and force it to stop," remarks the report.

Although a system failure may have occurred, investigators are still evaluating the conduct of the novice train operator who, unfortunately, lost her life in the crash, along with eight others.

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Posted by: Salvatore J. Zambri, Esquire

Earlier this week, the nation’s capital experienced the deadliest Metrorail collision in WMATA’s 33 year history.  Numerous lives have been lost, and dozens of other have been seriously and permanently injured.  The victims of this tragedy and their families deserve justice.  The civil justice system in parts of our country, however, does not always allow for justice.

The Washington Metropolitan Area Transit Authority (WMATA) is the creation of a compact between the District of Columbia, Maryland and Virginia.  If the Metro collision had taken place just a few thousand feet north in Maryland, the ability of those harmed and killed to receive fair compensation for their harms and losses would have been severely compromised.

Last year, the Maryland Court of Appeals issued a ruling, establishing that claims against WMATA are akin to claims against Maryland counties.  Those claims are limited to merely $200,000.00--a shocking low and patently unfair amount.  And if it is determined that another entity (like a sub-contractor) is responsible in part for the horrific crash, the claims against any such non-governmental entity will have a non-economic (pain, anguish, suffering, etc.) limitation of  merely $650,000.00.

With respect to the claims against Maryland counties, the $200,000.00 per person limitation includes both economic losses and non-economic damages.  The economic losses alone caused by the deaths and severe injuries of others will far exceed $200,000.00.  And that does not even begin to compensate the victims for the extreme fright, physical pain, and mental anguish that they endured or will continue to endure for the rest of their lives.

The arbitrary limitation that applies to non-governmental entities is also unjust.  Telling a spouse or a child (or a father or mother) that the impact of a lost loved one amounts to merely $650,000.00 is offensive.  I represent a woman and her three daughters concerning a Maryland automobile accident claim that took the lives of her husband of 25 years and her only son, who was merely 14 years old.  Needless to say, her dreams have been shattered and her life, and the lives of her 3 daughters, have been turned upside-down.  The days and months immediately following the collision were unimaginably hard on the family.  Even now, every day is a struggle emotionally, and the stresses and fears about the future are overwhelming. 

It is un-American for our system to protect wrongdoers with artificial limitations to the great detriment of the innocent victims who are forced to endure the repercussions of the tragedies for the remainder of their lives.  Consider this:  In my case, the one who caused the accident--a person who drove over 100 mph into oncoming traffic, who struck my clients’ vehicle head-on, and who was drunk at the time of the crash--is protected by Maryland's illogcal damages limitation, while the surviving family members are stripped of any rights to full compensation.  Why protect the reckless and harm the victims, the very ones who are left to deal with the horrible consequences of the crash?  Common sense tells us we should be doing better as a country when such injustice can be allowed to exist in an American civil justice system.

My thoughts and prayers go out to all those who were injured in the Metrorail collision.  No form of compensation can fully compensate those who have been killed or those who have suffered serious permanent injuries.  There is some solace in knowing that at least the laws of the District of Columbia do not artificially limit recoveries.  Judges and juries are able to evaluate the facts of each case separately and provide a full cup of justice without regard to special interest groups who seek to impose limits on recoveries in an effort to put profits over people.

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