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

Each year about 3000 people die in residential fires. Most die of smoke toxic gas inhalation and not of burns. Most deaths and injuries also occur at night when people are sleeping. Sometimes the difference between life and death is a good smoke alarm.

According to the U.S. Fire Administration, smoke detectors should be installed on every floor of the house, including the basement. They should be placed about 6 to 8 inches below the ceiling. 

Batteries should be replaced once a year, however some smoke detectors now come with batteries that are warranted for up to ten years. Most detectors will “chirp” when the battery is beginning to run out. 

It is recommended that you test your smoke detector on a monthly basis.

Some fire departments offer free smoke detectors:

 

• In D.C., you can get a free smoke detector (one per home) from the D.C. Fire and Emergency Department by calling (202) 673-3331. Batteries are included.
• In Virginia, some stations do and some do not offer free smoke detectors. To find the number for your station and ask whether they do, visit the Virginia Fire Marshall website. 
• In Maryland, contact the fire marshall for your locality.   Prince George's County fire officials will come to your home, conduct a fire inspection, and even install a free smoke detector for you.  
  

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The American Academy of Dermatology (AAD) has issued a statement endorsing the World Health Organization’s (WHO) recommendation that no one under the age of 18 should use a tanning bed. The AAD is concerned with the rising incidence of skin cancer diagnosis in America. 

Skin cancer, the most common type of cancer, is caused by ultraviolet rays. Tanning beds are known to emit significant amounts of both UVA and UVB rays. These rays are so dangerous that the United States Department of Health and Human Services recently listed them as known carcinogens.

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The Insurance Institute for Highway Safety reports that the Kia Sedona and Subaru Impreza were the best performers in this spring’s test of minivans and small cars. The Sedona is the first minivan to earn the Top Safety Pick award and the Impreza is only the second small car to earn the award.

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Taking the Metro to and from work is a great way to save money, protect the environment, and avoid the frustrations of traffic. However, the Metro also provides many opportunities for injury or theft. The Metro Transit Police Department statistics report that, while Metro crime has been declining in the past five years, there are still about a thousand crimes committed annually. The four most common are larceny, robbery, motor vehicle theft, and attempted motor vehicle theft.

The Metro Transit Police offers the following suggestions for traveling late at night: 

Travel with people you know.

Stand near other people when waiting for a bus or train.

Ride in a car with other people in it or ride in the first car, which seats the conductor.

Have your keys out as you approach your car.  About 75% of Metro crimes occur in the parking lot. Having your keys ready decreases your risk of being a victim. Lock the door as soon as possible after entering your car.

If you feel unsafe, look for a Metro Police Officer. They patrol all over the stations.

If you have a purse, make sure it has a secure clasp and keep it close to your body

If you carry a wallet, the safest place for it is in the front pocket of your pants. You’re less likely to feel it if someone takes it out of your back pocket.

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MedPage Today, a daily medical news service for physicians, reports that a new study in the American Journal of Respiratory and Critical Care Medicine found patterns of sleep apnea in truck drivers. People who suffer from sleep apnea get lower quality sleep because they are awakened several times during the night. This means that while the afflicted person may be in bed for eight hours, he or she may only be getting five hours of real sleep.

In the study, more than 28% of commercial truck drivers suffered from some degree of sleep apnea and 5% of drivers suffered from severe sleep apnea. The study showed that those who had sleep apnea were significantly more sleepy during the day and made more driving errors than those who are not afflicted. 

When the participants took driving tests, those who suffered from sleep apnea had motor skills impairments consistent with drunk driving. Of the truckers with sleep apnea, one-third of them also experienced attention lapses comparable to intoxication.

While investigators caution readers not to jump to conclusions because of the small sample size and the self-selecting nature of the study (meaning that those who experienced sleep problems would be more likely to sign up), it deserves more investigation.

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In Virginia, if your new car has either (1) been serviced three or more times for the same problem, or
(2) been out of service for more than 30 days in the last year, you may have it classified as a “lemon.”  This classification means that the dealer or previous owner who sold it to you has to refund your money.  To start the proceedings, please contact the State Office of Consumer Affairs at (804) 786-2042.  You must start the claim within 18 months of first receiving the car.

For more information about Virignia's Lemon Law, contact:

Office of Consumer Affairs
Virginia Department of Agriculture and Consumer Services
1100 Bank Street
Washington Building, Room 100
Richmond, VA 23219
(804) 786-2042
1-800-552-9963

Source:  Commonwealth of Virginia Department of Motor Vehicles

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Maryland’s law applies to new or leased cars that are less than 15 months old and have fewer than 15,000 miles on them. The law provides that, upon written notice, the dealer or manufacturer has 30 days to correct the problem. If he does not do so, the buyer is entitled to a replacement or full refund if:

• A brake or steering malfunction is not corrected in the first repair, and this causes the car to fail Maryland inspection; or
• Any one problem that substantially impairs the use and market value of the car is not repaired in four attempts; or
• Any number of problems that substantially impairs the use and market value of the car have caused it to be out of service for more than 30 days since purchase.

  Sources:  Maryland Lemon Law Statute
                    Maryland Lemon Law complaint form

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Experts estimate that there are approximately 6.4 million car accidents in the United States every year. At that rate, we can predict that just about everyone will be involved in a car accident at some point in his or her lifetime. However, most people do not know what to do - or not do - after a car accident. 

When in an accident, experts advise that you should take the following measures:

First make sure that you and your passengers are not injured;

Move your vehicle out of the roadway if it is safe to do so, and remain as far from the roadway as possible; 

Activate your hazard lights or flares to warn oncoming traffic;

Call the police;

Do not admit fault;

Exchange names, phone numbers, addresses, tag numbers, and insurance information with all other drivers;

Obtain the names and phone numbers of any witnesses to the accident;

Contact your insurance company.

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According to a recent study from the Johns Hopkins Bloomberg School of Public Health's Center for Injury Research and Policy and the Johns Hopkins School of Medicine, Graduated Driver Licensing Reduces Fatal Crashes by 11 Percent.   For the most comprehensive programs, researchers found a near 20 percent reduction in fatal crashes involving 16-year olds.  Data for the study was collected by The National Highway Traffic Safety Administration (NHTSA) and U.S. Census Bureau statistics,  indicating automobile crashes as the leading cause of death among teens.

Each state that has a graduated licensing program generally includes at least some of the following common components:

• Minimum age of 15 1/2 years for learner permit;
• Waiting period after obtaining learner permit of at least 3 months before applying for intermediate license;
• Minimum of 30 hours of supervised driving;
• Minimum age of 16 years for obtaining intermediate state license;
• Minimum age of at least 17 years for full licensing;
• Nighttime driving restriction;
• Restriction on carrying passengers.

"Graduated Driver Licensing Programs and Fatal Crashes of 16-year-old dDivers: A National Evaluation"  was published in the July edition of  Pediatrics. 

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According to a recent study performed by the National Highway Traffic Safety Administration (NHTSA), Prince George’s County lead the region in most traffic-related deaths in 2005, with more than double the number of fatalities of any counties in Maryland, Virginia or the District of Columbia.

Pedestrian-vehicle deaths in the county increased by nearly 100 percent in 2005, up from 18 in 2004 to 35 in 2005 — nearly as many as the entire Washington region combined, the report showed. The study said that Prince George’s County had 134 traffic-related fatalities in 2005, up from 120 in 2004. 

For more details about this study, please see the Washington Examiner story.

Now, more than ever, it is important for drivers to be aware of the dangers that accompany the reckless or improper use of motor vehicles. For an excellent resource containing traffic safety regulations, articles, and studies, please visit the National Highway Traffic Safety Administration (NHTSA) website.

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Every year enjoyment of summer is marked by tragedy when swimmers drown or are permanently injured in near-drowning accidents. It has been estimated that as many as 350 children under the age of 5 drown in pools each year and another 2,600 are treated for near-drowning incidents.  Other dangers exist as well, especially of spinal injuries or paralysis from diving into too shallow water or injury from slips and falls.

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The National Center for Injury Prevention and Control  (NCIPC) states that motor vehicle injuries were the single leading cause of death for children in the United States in 2005. 

The NCIPC lists preventative measures to minimize the risks to your child.

Put Them in the Proper Safety Seat:  Child safety seats reduce the risk of death in passenger cars by 71% for infants, and by 54% for toddlers ages 1 to 4 years.

Children Too Big for Safety Seats Should Use a Booster Seat:  The National Highway Traffic Safety Administration recommends booster seats for children over 40 pounds until they are at least 8 years of age or 4'9" tall.  For children 4 to 7 years, booster seats reduce injury risk by 59% compared to safety belts alone.

Young Children Should Not Be in the Front Passenger Seat: All children ages 12 years and younger should ride in the back seat.  This eliminates the injury risk of deployed front passenger-side airbags and places children in the safest part of the vehicle in the event of a crash.  Overall, for children less than 16 years of age, riding in the back is associated with a 40% reduction in the risk of serious injury.  Appropriately restrained children ages 13 to 15 who sit in the front seat are not at increased risk for injury.

For additonal information about child safety in the car, please visit the National Center for Injury Prevention and Control website. 

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According to the American Association of Neurologic Surgeons (AANS), one in five serious brain injuries to children or teens occurs during sports or other recreational activities.   AANS website includes public service announcments to educate the public about the importance of helmet wearing.

In 2005, U.S. emergency rooms treated over 500,000 bicycle-related head injuries involving children under the age of 15, according to statistics cited by the U.S Consumer Product Safety Commission (CPSC).  Other causes listed among the top ten of head injuries: football, baseball and softball, basketball, water sports, skateboards and scooters, powered recreational vehicles, winter sports, soccer and trampolines.  

Dr. Arthur Day, vice president of AANS stated that, "It's just a common sense sort of situation. What we have to do is change the public perception that it's not cool to wear a helmet. Seatbelts used to be not very cool to use, but now everybody uses them."

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The U.S. Product Safety Commission (CPSC) reminds parents to take precautions for keeping their children safe as they return to school.  In a recent press release, CPSC advocates that parents prepare to keep their children in the classroom instead of the hospital emergency room.

Some specific guidelines include:

• Remove drawstrings from children's outer clothing.
• Wear the right helmet for sports.  CPSC's publication "Which Helmet for Which Activity" provides useful information.
• Practice playground safety.  CPSC's Handbook for Public Playground Safety offers further guidelines.
• Make certain that soccer goals are securely anchored when in use, never allow children to  climb on them and anchor them securely when not in use.
• Only buy art suplies that contain the statement, "CONFORMS to ASTM D-4236."

Children frequently act without thinking first, particularly in a playground or school setting.  Parents need to constantly emphasize "Safety First" to their children.

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In order to protect your rights and your personal assets, every driver needs to understand his or her automobile insurance policy BEFORE being involved in an accident.

Bodily Injury and Liability Insurance: This term defines how much coverage the insurance agency will be liable for if you cause an accident occurs and someone is injured. Usually split into two numbers, the first covers the maximum they will pay for one person’s injuries and the second is the maximum they will pay for all injuries sustained in the accident. 

Almost all states require a minimum level of bodily injury and liability coverage.  Examples of such include:

• District of Columbia: $25,000/$50,000
• Maryland: $20,000/$40,000
• Virginia: $25,000/$50,000

Collision Insurance: This term defines how much an insurance company will pay for damage to your vehicle if it is damaged by another vehicle or fixed object (tree, stop sign). 

Comprehensive Coverage Insurance: This term, sometimes called “fire and theft” coverage, covers all damages to your car that are not caused by a collision. For example, it may cover tornadoes, floods, fire, theft, hitting a deer, etc.

Car Rental: If your car is in the shop for more than a day, many insurers will pay a per diem for your rental car while you wait for repairs, if you have this coverage.

Full Glass Coverage: Full glass coverage eliminates any deductible payments for broken glass on the car. In most states there is no deductible for windshield damage (because it is illegal to drive with a broken windshield), but for all other window damage to the car, you will have to pay the deductible for comprehensive coverage. Full glass coverage is an extra feature that you can buy to eliminate the deductible payment.

Medical Benefits Coverage: Covers medical expenses that you and your passengers sustained during an accident, no matter who was at fault.

No Fault Insurance: No Fault insurance currently exists in 12 states and Puerto Rico.  Essentially, "no fault" means that, if injured, you can recover certain damages from your own insurance company.  However, you cannot sue the other party unless your injuries rise to a certain level.  If you  live in Florida, Michigan , New York, New Jersey, Hawaii, Kansas, Kentucky, Pennsylvania, Massachusetts, Minnesota, North Dakota, Utah, or Puerto Rico, be sure to ask you insurance agency about your state's laws.

Personal Injury Protection: Personal Injury Protection (PIP) covers medical and rehabilitation expenses, work loss, funeral, and other expenses incurred by you, your family, or passengers in your vehicle. PIP pays for those damages no matter who was at fault. 

Uninsured or Underinsured Motorist Coverage: This coverage pays for your injuries in a crash where the other motorist either does not have insurance or does not have enough insurance to cover your damages. For instance, if the other driver has the minimum coverage in Virginia ($25,000) and your damages are $75,000, his insurance company will pay for the first $25,000 of your injuries and you may or may not be able to collect the remaining $50,000 from him. If, however, you have underinsured or motorist coverage, you can make a claim against your uninsured motorist coverage carrier for the remaining portion. This coverage often covers hit-and-run drivers as well.

Resources:  Virginia Auto Insurance Requirements
                        Virginia Auto Insurance Consumer Guide
                        DC Auto Insurance Requirements
                        Maryland Department of Motor Vehicle
                        Maryland Auto Insurance Consumer Guide

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According to a recent article in Business Week Online, The Truth About Fiery Laptops, the recent Sony recall of six million laptop batteries for Dell and Apple laptop computers brings to light an inherent danger in lithium batteries.   Although the risk of laptops bursting into flames is relatively small, a large amount of power packed into a very small space does create a potentially dangerous situation.  An explosion fire can develop in any of the following situations:  overcharging the battery, electrical fault such as short circuit, combination of oxygen, fuel and heat inside the cells, or physical damage to the battery.

Lithium batteries apparently are the only real choices for laptop batteries.  Consumers should minimize their risks by treating the batteries gently, protecting them from overheating, and removing batteries while traveling.  To verify whether your laptop battery is affected by the recent recall, check one of the following press releases by the U.S. Product Safety Commission (CPSC).

• The U.S. Product Safety Commission (CPSC) press release of August 15, 2006 provides details about the Dell laptop computers affected by the recall and contact information for Dell.
• The U.S. Product Safety Commission (CPSC) press release of August 24, 2006 provides details about the specific batteries included in the recall and contact information for Apple.

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Nicole Nason has been appointed the National Highway Traffic Safety Chief at a very busy time in the administration. Ms. Nason has made it her goal to decrease the number of rollovers in large vehicles, increase standards for child safety seats, and use new technologies to promote automobile safety.

Ms. Nason takes over at a time with tremendous opportunity, the Detroit News Online reports because Congress has recently laid out a huge highway safety agenda. That, in addition to booming industry technology, gives her the ability to leave a legacy of “saving 10,000 lives a year,” says Safety advocate Clarence Ditlow. 

In the next 4 months, Ms. Nason will propose the agency’s rule for electronic stability control technology and report to Congress on new sonar-detection technology. Electronic stability control helps reduce rollovers in SUVs and the NHTSA is charged with proposing the industry standards, how long companies have to comply, and which vehicles the standards will apply to. The sonar technology, which is already implemented in some cars, will warn drivers that someone or something is behind them when they are backing up.

By September of 2007, the National Highway Traffic and Safety Agency plans to move their five-star rating system (which grades vehicle safety) from their safer car website  to window stickers on all new cars.

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Under Virginia law, parents may be both criminally and civilly liable for hosting parties where alcohol is served to minors.  While some parents believe that “kids will be kids” and it's better to allow them to drink at home, in a supervised party, than somewhere out of the house, this simply isn't true.  As far as the law is concerned, children must wait until they’re 21!

As a parent, you can be criminally charged with a with a crime, specifically a Class 1 misdemeanor for purchasing, aiding and abetting, or giving alcohol to minors. This charge carries a $2,500 fine and/or up to a year in prison.

On top of any criminal penalties, you can be held liable for any injuries that occur to the child or injuries or damages caused by the child to anyone else.  

The Virginia Department of Alcohol Beverage Control offers a parental guide to hosting responsible teen parties.

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The Food and Drug Administration and the Department of Agriculture allow small doses of carbon monoxide in packaging meats.  The process is known as modified atmosphere packaging (MAP) and keeps meat looking red in the package for longer periods of time.  A fierce regulatory battle was launched after allegations that recent research reports were misinterpreted.  Opposing groups focus on whether the red appearance of treated meat is a valid indicator for consumers who are trying to decide if the meat is fresh.

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