Maryland Law Blog

In the days following the tragic Washington area train accident as investigation into the cause of the accident is unfolding, more information has been revealed; however, much more is still needed. We now know that the train responsible for hitting the other train was operating in automatic mode controlled mainly by computer. But many questions still remain at this time including what caused the computerized system to fail and why the approaching train didn't stop even though the emergency brake activation button was found pushed down. According to an article, an investigator with the National Transportation Safety Board, Debbie Hersman, said that it remains unclear whether the emergency brake was actually engaged or not.

No train accident has resulted in so many deaths and injuries in Metrorail’s 33 years of operation. Nine lives were lost and over seventy passengers suffered serious injuries due to the collision. Metro General Manager John Catoe said that all signs of the investigation show that the operator, 42 year old Jeanice McMillan of Springfield, Virginia did everything possible in her control to prevent the collision. "There is no evidence whatsoever that this driver has done anything to cause this accident," Catoe said Tuesday. A memorial service for McMillan, who was killed in the accident, is scheduled to take place on June 26, 2009.

Continue reading "D.C. Area Train Accident Investigation Unfolds" »

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Posted In: Personal Injury , Train Accident , Wrongful Death

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Time is of the essence for National Transportation Safety Board (NTSB) members as they work tirelessly to preserve as much evidence as possible in order to determine the cause of Monday’s fatal D.C. Metro train accident. At approximately 5 pm, two Red Line six-car trains were apparently on the same track when train 112 crashed into train 214, according to an account. The accident is the deadliest in Metro history and has brought tragedy to the families of the nine people who were killed; a loss that no one should ever have to endure and our condolences certainly go out to them.

The NTSB will be examining multiple factors that could have been the cause of this accident, one of which relates to the Metro’s 1000 series cars – the most aged cars in the system and the type that struck train 214 as it stood still. Aside from the car itself, the investigation will also include looking at the Metro’s train equipment, maintenance, functionality of the fail-safe computerized system that controls speed and braking, signal system, tracks, cell phone and texting records, and whether the striking train’s brakes were applied.

Previously, the NTSB recommended back in 2006 that Metro should upgrade their older cars with data recorders. Train 214 included the more recent 5000 and 3000 series cars, which had nine data recorders. Jim Graham, Metro Board Chairmand and D.C. Councilman, said that the transit agency is “aggressively seeking” to replace all of Metro’s 1000 series cars.

Continue reading "NTSB Investigates Fatal Metro Train Collision" »

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Posted In: Personal Injury , Train Accident , Wrongful Death

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It has now been reported that at least nine people have been killed in Monday’s tragic and fatal Washington D.C. Metro train crash. The collision occurred during rush hour on June 22, 2009 and has sent waves of shock and emotion throughout the nation. Such a catastrophic accident has never been seen in the history of the Metro’s thirty-three year transportation service. At this time, 76 passengers are reported to have experienced personal injuries including two in serious condition.

Jeanice McMillan, 42, the operator of the train, was among those killed in the D.C. train crash. Metro spokeswoman, Candace Smith stated that of the nine confirmed dead, two victims were men and seven were women.

According to an article, the general manager of the Washington Metropolitan Area Transit Authority (Metro), John Catoe, stated, “There is unbelievable destruction and damage…what I saw was far worse than anything you can imagine.” Apparently, the two trains were on route to the Fort Totten station during rush hour when one was stopped on the track and was struck in the rear by the second train. As a result of the crash, the second train crushed to about one third of its original size, according to Adrian Fenty, the Mayor of Washington. It is still unknown whether the deceased passengers were on the train that was stationary or the train that was mobile.

Although the train’s speed at the time of the collision remains a large part of the investigation still to be determined, Metro trains are capable of going fifty five to fifty nine miles per hour due to a longer distance in between stops at the D.C. and Maryland border.

Considering that the last wrongful death accident on this rail system was in 1982, this accident is sure to receive a thorough investigation.

Those seeking information pertaining to family members on the train, are asked to call 311 inside of the District of Columbia and 202-737-4404 outside of DC. We are saddened by this tragic accident and our hearts go out to the injured victims and the families of those who have died. We will keep our readers posted as more information on an investigation is revealed.

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Posted In: Personal Injury , Train Accident , Wrongful Death

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A fatal Washington D.C. metro train crash has left at least six dead and as many as seventy-six others injured. The accident, which occurred on Monday, June 22, 2009 just after rush hour, has left residents of the Washington D.C. metropolitan area shocked and saddened. According to one report, Metro spokeswoman Kath Asata said that a six-car Red Line train collided with another Metro train north of downtown Washington D.C. between Fort Totten and Takoma Park, Maryland and then derailed.

Mayor Adrian Fenty is calling this catastrophe the “deadliest crash in the history of the Washington Metropolitan Area Transit Authority.” The crash occurred just before 5 pm during rush-hour. It has been reported that 76 passengers were taken to area hospitals to treat their personal injuries, including two in critical condition.

Although the cause of this accident is not yet known, train accidents occur for a number of reasons that can include faulty tracks, equipment defects, human error, signal problems and other factors. The National Transportation Safety Board will conduct an investigation into the Metro accident, but at this time it is considered an “accidental collision.”

Our thoughts and prayers are with the injured passengers, their families, and the families of those who have lost loved ones in this horrible accident. We wish everyone a speedy recovery and hope that the cause of this Metro crash is determined in short order. Those seeking information pertaining to family members on the train, are asked to call 311 inside of the District of Columbia and 202-737-4404 outside of DC.

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Posted In: Personal Injury , Train Accident , Wrongful Death

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According to a TheBayNet.com report, a three-car collision near the intersection of Maryland Route 2 and Route 260 was caused by a driver running a red light. Police responding to the crash said that on the morning of May 6, 2009, the driver of the at-fault vehicle ran the red light at the intersection and careened into two other vehicles on Route 260.

No fatalities were reported in the crash, although four of the people involved in the accident were transported to Calvert Memorial Hospital.

A car accident in Maryland like this can be especially frustrating for the drivers and passengers whose only fault was being at the wrong place at the wrong time. When other drivers fail to follow the rules of the road, others suffer—even if they were doing their best to operate their vehicles safely.

Being injured in a car crash is an incredibly stressful and costly experience. When the dust of the collision settles, injured drivers and passengers may be wondering who will pay for the damages. In Maryland, those damages are paid by the at-fault driver or the at-fault driver’s insurance company. If no driver is found at fault, then the damages are paid by liability insurance, or by uninsured motorist insurance, depending on the circumstances.

Meng & Alpert, LLC, have been practicing personal injury law for over three decades and have considerable experience in representing the interests of those injured in car accidents. If you have any questions about at-fault drivers and how liability is assigned in a car accident, please contact the skilled Maryland auto accident attorneys of Meng & Alpert, LLC at 866-444-6363 for a free consultation.

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Posted In: Auto Accidents , Personal Injury

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On May 4, 2009, Gazette.net reported in a story that Maryland police will be conducting a sobriety checkpoint on Friday, May 8, 2009. The checkpoint is part of a larger multistate operation organized by the National Highway Traffic Safety Administration. Called “Checkpoint Strikeforce,” the operation will last for six months consisting of a series of checkpoints and aggressive enforcement tactics conducted throughout Maryland, Delaware, Pennsylvania, Virginia, West Virginia and Washington, D.C.

Beginning Friday, May 8, at 9:00PM, the sobriety checkpoint will stop drivers and administer the standard battery of field tests—including the breathalyzer test—in an effort to deter motorists from driving while under the influence. The checkpoint will be operational until 3:00 the following morning.

In Maryland, operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater will result in Maryland DUI charges. If found guilty, the penalties for drunk driving include up to a $1,000 fine and up to a year in jail. Maryland also charges those driving with a blood alcohol under 0.08 with a lesser offense, driving while intoxicated (DWI). A DWI charge can result in up to a $500 fine and up to 90 days in jail.

If you have any questions about drunk-driving charges, please contact Maryland's experienced DUI attorneys at Meng & Alpert, LLC. The attorneys of Meng & Alpert, LLC have experience as both prosecuting attorneys and as DUI defenders, so you will receive an informed, professional examination of the facts in a DUI case. Call 866-444-6363 today for a case evaluation.

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Posted In: Criminal Defense , DUI/DWI

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According to a WBOC.com article, a highway flagger was struck and killed on the morning of May 4, 2009 by a motorist in Marion Station, Maryland. Tammy Hammond, a flagger with Barrett Flagging Company, was struck on Route 413 by a vehicle being operated by 74-year-old Doris McDorman, a resident of Crisfield, Maryland.

At the time of the pedestrian accident in Maryland, Hammond was standing on the shoulder of the road and was within a work zone. Although an ambulance transported Hammond to a local hospital, she died from her injuries. Our thoughts go out to her family and friends as they deal with the loss of her companionship.

When a Maryland car accident claims a human life, the family and friends left behind face the daunting task of reassembling their lives. Settling the affairs of the deceased consumes large amounts of physical and emotional energy. The time required to grieve and adjust to the altered fabric of life puts additional strain on relationships as well. All of these aspects of the aftermath of a car accident are part of the costs of an auto accident.

Meng & Alpert, LLC, have over 30 years of experience representing those injured in car accidents. We have also successfully represented the interests of those whose loved ones were killed or injured in an auto accident. If you have any questions about car accidents involving pedestrian deaths or injuries, please contact the skilled Maryland personal injury attorneys of Meng & Alpert, LLC, at 866-444-6363 to speak with one of our knowledgeable lawyers.

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Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury , Wrongful Death

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A Gazette.net story reports that an officer’s DUI arrest has been found invalid after an in-court review of a videotape which clearly disputed the facts of the arrest. According to the story, on May 3, 2008, Officer Dina Hoffman arrested George Zaliev on a charge of DUI in Maryland, claiming that she had found the man sleeping behind the wheel of his car.

When the case went to court, the arresting officer repeatedly testified that Zaliev was definitely in the front seat of the vehicle at the time of the arrest. However, during the DUI trial, the criminal defense attorney played a video made by a store security camera which clearly showed Zaliev sleeping in the backseat of the car.

Officer Hoffman now faces a perjury investigation in connection with her statements, and the charges against Zaliev have been dropped.

This case illustrates how eager some law enforcement officials can be to level a charge of DUI against Maryland citizens. In this case, we have a person charged with DUI for sleeping in the backseat of a parked vehicle. Thanks to some timely evidence, Mr. Zaliev was able to clear his name of DUI charges.

If you have any questions about the validity of a DUI arrest, please contact the skilled Maryland DUI defense attorneys of Meng & Alpert, LLC at 866-444-6363. As a former DUI prosecutor, attorney Andrew Alpert brings a formidable insight into how DUI cases are conducted and can pinpoint weak or improper elements in the prosecution’s case.

For more information on the validity of DUI arrests and the importance of dash-cams in DUI cases, read attorney Andrew Alpert's article entitled “Maryland DUI Case Demonstrates Need for Dash-Cams in Every Police Cruiser.”

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Posted In: Criminal Defense , DUI/DWI , Law & Information

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The police blotter for the FrederickNewsPost.com reports that Maryland State Police arrested a motorcyclist after an hour-long chase on US 15 near Thurmont. According to the blotter, 25-year-old Benjamin Kieffer was speeding in the northbound lanes of US 15 south of Thurmont, when he was noticed by members of the Maryland State Police.

One reason that law enforcement officials frown on those who flee from arrest is because of the additional dangers that a desperate individual represents. While the motorcyclist in this case was engaged in fleeing from police officers, he put all of the other people traveling on that portion of US 15 in unnecessary danger. Had there been an auto accident in Maryland, those injured or killed in the crash would have suffered because of the selfish flight of the motorcycle operator.

In this case, Kieffer was trying to avoid getting a speeding ticket and put others at risk for suffering personal injury. To that end, he swerved in and out of interstate highway traffic using the shoulders on either side of the highway to pass traffic. In the final moments of the chase, he ran a red light at an exit ramp near Frederick and lost control of the bike in the turn.

Any one of these negligent actions could have resulted in an auto accident that could have killed or injured another driver or passenger. If you have any questions about how negligent driving puts other drivers at risk on Maryland’s highways, please contact Meng & Alpert, LLC at 866-444-6363. With over three decades of experience as skilled Maryland auto accident attorneys, the lawyers at Meng & Alpert, LLC, understand how liability and fault affect the outcome of a personal injury lawsuit.

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Posted In: Auto Accidents , Personal Injury

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CNN.com recently published a story on the effect of neighborhood watches on crime. The story cites statistics from the Police Executive Research Forum claiming that almost half of reporting police departments saw an increase in criminal activity that could be related to the economy.

The Heritage Foundation presents an opposing point of view. According to their essay on crime rates in America, criminal activity may not necessarily have any direct link to the state of the economy. Eli Lehrer, the author of the article, claims that making associations between the economy and criminal activity may be a tempting, albeit faulty, way of analyzing crime in the US.

Could the economy be influencing the types of crime seen in Maryland?

Gazette.Net reports in an account that commercial robberies are on the rise in Prince George’s County for 2009. According to the report, although violent crimes in general are down slightly from last year, commercial robberies are increasing in frequency.

This increase comes in spite of Maryland’s punishments for robbery. Committing or attempting to commit robbery in Maryland is a felony, and carries a 15-year maximum sentence upon conviction. If the defendant allegedly uses a weapon or implies that he or she is armed with a weapon in order to commit robbery, the maximum prison sentence is increased.

If the economy is pressuring otherwise honest citizens into criminal activity, then those citizens may be opening themselves up to far greater problems than they have experienced so far. Robbery is a serious felony offense with grave implications for the defendant’s future. Please contact the law offices of Meng & Alpert, LLC if you have any questions about robbery charges. With over three decades of experience as skilled Maryland criminal defense attorneys, the lawyers of Meng & Alpert, LLC have an in-depth knowledge of how robbery, armed robbery and other violent offenses are tried in Maryland. Call 866-444-6363 for a free consultation today.

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It was reported that Sandra Jenkins of Odenton won an $188,000 settlement from the insurance company of the driver who rear-ended a car in which Jenkins was a passenger. The settlement came by jury decision after a two-day trial.

Jenkins had originally claimed $300,000 in damages in December of 2007. However, the last settlement offer made by the insurance company was only $37,000. The Jenkins case illustrates one of the many reasons for those injured in auto accidents in Maryland to seriously consider hiring legal representation.

The report includes comments made by Jenkins’s attorney, who stated that he thought the last settlement offer made by the insurance company was a “low-ball offer.” Sometimes insurance companies will offer far less than the initial claim in the hopes of gaining a fast and cheap settlement. Although the temptation is to settle quickly, especially when medical bills are mounting, this course of action is not necessarily in the accident victim’s best interests.

Car accident injuries can take a long time to resolve and many months can pass before one knows the full extent of damages. In Jenkins’ case, she suffered a permanent nerve condition that affected her arm as well as permanent injuries to her neck. Had she taken the insurance company’s settlement offer, she may not have had adequate means to pay for medical expenses.

If you have any questions about an auto injury accident such as this one, please contact the attorneys of Meng & Alpert LLC at 866-444-6363. If you or a loved one has suffered injuries due to an auto accident, our experienced Maryland car accident lawyers are available to speak with you and provide a free consultation.

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Posted In: Auto Accidents

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Although Michael Phelps is currently facing no criminal or drug charges in relation to the infamous photo of the gold-medal winning swimmer allegedly inhaling from a marijuana water pipe, the repercussions from that photograph are still in effect. This example highlights one of the less pleasant aspects of the court of public opinion. Without a trial, and without a guilty verdict, drug use can have significant financial and emotional costs.

The Baltimore Sun reports in an article that Phelps has been dropped by Kellogg Foods, who had given the swimmer an endorsement deal. USA Swimming, the governing body for competitive swimming in America, has suspended him for three months and deprived him of his financial support during that same period. No drug charges have been filed against the swimmer, yet Phelps’s situation clearly illustrates the potential harm that merely being suspected of drug charges can do to a promising career.

In report, the disappointment and sorrow that Phelps’s mother must be feeling is also mentioned. One aspect of criminal allegations that is often neglected in the press is the intense emotional distress suffered by the friends and family of the accused. Family members often feel guilty or ashamed on behalf of their loved one who is accused of using drugs or is facing charges for a drug offense. They may also face significant prejudice and outright hostility from co-workers, neighbors and other members of the public.

Phelps’s story is a timely reminder that the costs of an incident involving drugs can begin to mount long before a case is brought to trial. If you have any questions about drug cases, please contact the attorneys of Meng & Alpert LLC. Our skilled Maryland narcotics defense lawyers can be reached at 866-444-6363 for a free consultation.

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Posted In: Criminal Defense , Drug Charges

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