Wayne Cohen - Lawyer | How To Avoid A Car Accident In The Washington DC Metro Area On Oily Roads In The Rain

How To Avoid A Car Accident In The Washington DC Metro Area On Oily Roads In The Rain

As residents of D.C., Maryland and Virginia know well, the early summer months in our area are characterized by a mixture of sudden thunderstorms and intense sunshine. Although the dangers of winter driving are over, summer weather has its own risks and challenges. It seems obvious that rain would contribute to perilous spring and summer driving conditions – hours of rain can flood the roads, and any storm makes it difficult to see. But after years of handling car accident cases, personal injury attorneys know that the real danger is in the first few minutes after rain has hit the road.

Over time, roads build up a layer of detritus on the surface – a combination of dirt and oil from cars and from new asphalt. When it begins to rain, the oil that has been soaked up by the road starts to wash out. The rain brings the oil to the surface where it sits on top of the water, creating incredibly slick conditions. After a long period of dry weather has allowed large amounts of oil to bake into the road, it will take even longer for the oil to be washed away – so use extra caution when you know it has not rained recently. Oil buildup tends to be worst at intersections, where cars are frequently stopped and oil can puddle on the road. As the rain continues, the oil gets washed off the surface and the road becomes less slick. However, don’t forget that the longer it rains, the more water accumulates on the road. The oil may be gone but it is still easy to hydroplane. Many car accidents are caused by unsafe driving in wet conditions – an estimated 10% of the car accidents that result in injury happen during rainy weather.

If you are driving when rain starts falling, remember to be especially attentive. Slick roads mean that it will be more difficult to slow down, so you will need to apply your brakes sooner than usual when coming to a stop. Give extra distance behind other cars to avoid rear end collisions.  And if you have been involved in a car accident, call the experienced  Washington DC personal injury attorneys at Cohen & Cohen, P.C. to discuss your case.

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.
1220 19th Street, NW
Washington, DC 20036
202-955-4529

Wayne Cohen - Lawyer | Attorney: GM Ignition Switch Issue

At Cohen & Cohen, P.C., our clients are people who have become victims because of accidents, mistakes, and other misfortunes that are out of their control.  We deal with the results of these unnecessary tragedies every day, and we know that an accident that takes place over several seconds can burden someone for a lifetime. Far too many people are injured, or even killed, because of mistakes that could have been easily prevented – like the driver who didn't check his blind spot, or the doctor who dismissed a chest cough.

The millions of vehicles recalled by General Motors in the past month is a classic example of the nightmares the can result from a preventable oversight. Six GM car models from the past 11 years have been recalled due to problems with the ignition switch. The defect causes the ignition to move out of the “on” position, cutting power to the engine and resulting in locked brakes and steering, and preventing the airbags from deploying. 13 deaths and 31 crashes have been linked to the ignition problems. GM was aware of the possible fault with their ignition switches as early as 2004, when an investigation was quickly opened and closed due to the cost of fixing the problem. At the time, GM decided 57 cents was too much to pay for a new part to fix the switches. Ten years later, multiple deaths and accidents are being attributed to that single unfortunate decision.

In Congressional hearings held on April 1^st to examine GM’s delay in action, Mary Barra, CEO of GM, and David Friedman, head of the National Highway Transportation Safety Administration, both gave testimony. Barra, who became GM’s CEO in mid-January, testified that while the reasons behind GM’s decisions were not yet known, they would be investigated fully. She also said that no one at GM had been terminated or found liable at this time. Emphasizing the new consumer-over-cost culture at GM, Barra stated, “It’s not acceptable to put a cost on a safety issue.”

David Friedman of the NHTSA was also called to testify on the agency’s shortcomings in investigating the potential defect. NHTSA received hundreds of complaints about the cars, but according to Friedman, none of them “stood out” when compared to other vehicles. For this reason an investigation was never conducted. Friedman also noted that GM had not provided information that has since allowed the NHTSA to definitively connect the ignition defect with the air bag non-deployment that contributed to so many fatalities.

The continued investigation of GM, both internally and by members of Congress, will hopefully help to bring answers and justice to the victims of this needless tragedy and their families. 

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.

1220 19th Street, NW
Washington DC 20036
202-955-4529

Wayne Cohen - Lawyer | Attorney: Hearsay

Hearsay By: Wayne Cohen, Lawyer & Attorney

We’ve all heard it in movies, “Objection, your honor!!  Hearsay!”  But what does that mean?

Hearsay, especially in a car accident case, is one of the most confusing rules of evidence that law students have to learn, and one of the most useful rules for an attorney to have at trial.  Hearsay is a rule of evidence that prohibits certain types of statements from being introduced at trial.  Hearsay can be best thought of “he-said she-said” statements.  Hearsay testimony is prohibited when a witness repeats an oral or written statement, or nonverbal conduct, made outside of the trial by another person and presented to the court as true.  In other words, if you hear someone say something, you cannot say it to the court. Finding out these statements often occurs during a deposition with a court reporter.

You may wonder why courts have this rule.  Our court systems try hard to ensure that any and all information presented before the court is as true and accurate as possible while also ensuring that trials run efficiently.  If hearsay were allowed to be introduced at trials, testimony could be introduced that is not true and accurate, or witnesses could go back and forth bickering over who said what.  To avoid these pitfalls, courts do not allow the introduction of hearsay, and instead limit testimony to things that a witness knows from firsthand knowledge.

There are exceptions to rules of hearsay.  Here are some of the most common hearsay exceptions in DC.

·         Statement against interest - A statement by the opposing party admitting something that is not in his best interest.

·         Excited utterance – If someone says something without thinking, but as an instinct or reaction.

·         Deathbed statement – A statement made when a person reasonably and honestly believes they are about to die about the circumstances of their death.

·         Statement for medical diagnosis – A statement made by a patient to a doctor for the purpose of the doctor diagnosing a condition or administering medical treatment.

·         Present sense impression – A statement made while or immediately after a person perceived an event or condition (such as live tweeting!)

·         Declarant unavailable – If the person who made the statement is not available to come to court, must often because they are dead or physically or mentally ill, their statement may be admitted anyway.

Although rules of evidence vary from state to state, hearsay is one of the rules that is virtually the same across the country.  Whether you’re in DC, Maryland, or Virginia the definition of hearsay is almost the same … but be sure to check the specific rules with a lawyer.  If you would like to know what you may or may not say during trial, you should call and ask your attorney.

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.

1220 19th Street, NW

Washington DC 20036

202-955-4529