Trucking Accident Lawyer Blog

The truck accident attorneys at Lebowitz & Mzhen, LLC are pleased to report that the number of auto fatalities has fallen over the past few years. Recently, the Wall Street Journal reported that deaths from traffic accidents fell in 2008 and have steadily fallen over the past three years. The National Highway Traffic Safety Administration (“NTSA”) calculated that the number of auto fatalities were down 10% in the first ten months of 2008.

According to the Wall Street Journal, although experts in the field do not know what has caused this steady decline, they point to four factors that may have contributed to the recent decline:
• The economic downturn; researchers at the Governors Highway Safety Association (“GHSA”) noted that due to the economic downturn and increased fuel prices, many drivers have slowed their speeds to increase their vehicle’s fuel economy. A study by another government agency concluded that automobiles get their best gas mileage between the speeds of 30 and 60 miles per hour. For example, a 2005 Ford Focus traveling at a steady 40 miles per hour could get as much as 45 miles per gallon.
• Cars with greater safety features; recently, automakers have begun surpassing government automotive safety standards. For example, federal law will require all cars to have electronic stability control by 2012. However, most new cars currently come equipped with electronic stability control systems and rollover prevention mechanisms in addition to side curtain airbags and other safety features. Also, the number of vehicles that performed poorly in crash tests has decreased over recent years. In 2008, 11 of the 21 small cars tested by the Insurance Institute Highway Safety (“IIHS”) received good ratings in side impact testing, compared with only 3 of the 19 tested in 2006.
• Changing attitudes toward drunk driving; the number of drunk driving deaths have also decreased as many state governments have launched programs to make drunk driving socially unacceptable in addition to being serious crimes.
• Seat belts; The NHTSA found that 83% of drivers and passengers used their seatbelts in 2008, the highest rate in history. National “Click it or Ticket” programs seem to have helped reduce the number of unrestrained drivers and therefore increased accident survivability.

Continue reading " Deaths from Automobile Accidents Fell Sharply in 2008 " »

In the early morning hours of June 29, a car carrying three adults and two children traveled down U.S. Highway 90 in Mississippi heading towards New Orleans. At approximately 2:25 a.m., the car crashed into the rear of a tractor trailer that slowed to spray mosquito fogger. The car underrode the semi, the trailer sheered through the car’s passenger compartment instantly killing the three adults in the front seat. The children fortunately survived the accident with minor injuries.

A truck “underride” collision occurs when a passenger car crashes into the rear of the tractor trailer and slides underneath the trailer. As a result, the trailer crushes or sheers away the top of the automobile, often killing the passengers. Victims who are not killed during underride accidents are likely to suffer severe brain trauma or extensive facial fractures. In litigating Maryland truck accidents, the attorneys at Lebowitz & Mzhen, LLC have researched the underride accidents and ways to prevent them.

Readers of a certain generation will remember that the accident described above was the terrible crash that killed actress, Jayne Mansfield, her fiancée and driver in 1967. If the truck had been equipped with rear guards, Mansfield’s car may not have slid underneath the trailer and the actress and her companions may not have been killed. Rear guards or underride guards are the bars that hang below a trailer and have been required on tractor trailers since 1953. More recently, however, the federal government determined how to best configure underride guards. In 1998, after years of testing, the National Federal Highway Administration released standards regarding the proper configuration for rear impact guards on trailers.

Under federal regulations, rear guards must extend the entire width of the trailer, must be no more than 22 inches off the pavement, and must not be more than 12 inches from the rear of the trailer. Properly constructed and configured, underride guards are capable of absorbing a force of over 4,000 pounds per foot. This translates to the force generated by a passenger vehicle traveling approximately 30 miles per hour.

Underride guards, however, do not protect cars traveling at high rates of speed or passenger vehicles that strike a trailer from the side. As always, Lebowitz & Mzhen, LLC reminds its clients to drive with care at all times, but particularly around eighteen wheelers.

Continue reading " Maryland and DC Area Drivers at Risk For Serious Injury From Underride Accidents " »

There are instances where an employee has witnessed conduct or policies of their employers that put other people in danger. Many times, these people do not report these violations for fear of losing their jobs. However, federal law protects the employees of commercial motor carriers who report their employers’ negligent conduct that puts the public at risk from injuries from truck accidents. In prior posts, Maryland truck accident lawyers have discussed how negligence on the part of truckers and motor carriers put drivers at risk. The attorneys at Lebowitz & Mzhen, LLC believe that this federal law makes it more likely that employees will report workplace conduct that ultimately puts motorists at risk for injuries that are avoidable.

Federal law protects truck drivers and other employees working for commercial motor carriers from retaliation for reporting certain violations of commercial motor carrier safety, health, or security laws. Under Federal law, a motor carrier may not fire, or in any other manner retaliate against an employee for filing a complaint related to a violation of a commercial motor vehicle safety or security regulation; cooperating with federal investigators; or for providing information to federal, state or local law enforcement regarding a motor carrier’s illegal activity. Additionally, an employer cannot retaliate against a driver who refuses to operate a commercial vehicle in a manner that would violate federal, state or local law.

For example, if a trucker reports his employer for ignoring a truck’s mechanical malfunctions in violation of federal law, or for not complying with federal hours of service regulations, and the trucker is fired as a result, the employer may be liable to the trucker for damages. Retaliatory action can take many forms:
• Firing or laying off;
• Blacklisting;
• Demoting;
• Denying over time or promotion;
• Disciplining;
• Denying benefits;
• Failing to hire or rehire;
• Intimidation;
• Reassignment affecting promotion prospects; and
• Reducing pay or hours.

Our Maryland truck accident attorneys appreciate the actions of those employees who call attention to dangerous practices of trucking companies.

Continue reading " Federal Law Protects Whistleblowers in the Trucking Industry From Losing Their Jobs After Turning in Negligent Motor Carriers " »

Maryland legislators are currently considering a bill that would make exchanging text messages while driving in the state, illegal. In the age of I-Phones and Blackberries, text messaging is increasingly common and deceptively easy, especially for younger people. However, Maryland truck accident attorneys at Lebowitz & Mzhen, LLC believe that text messaging while driving is distracting and may lead to unnecessary car accidents.

Sending and receiving text messages while driving is dangerous for the driver of any car or SUV. However, when a trucker driving a 90,000 pound commercial vehicle, is distracted by text messages, the results can be catastrophic. Russell Hurd, a resident of Harford County, Maryland, told state legislators how a truck driver sending a text message irreversibly changed the course of his life.

Thirteen months ago, Russell and his wife, Kim, traveled to Orlando Florida to help their daughter, Heather, and her fiancée plan their upcoming wedding. Heather and her fiancée stopped at a traffic light on their way to meet the Russell and his wife when a trucker traveling at 65 mph slammed into nine cars, including Heather’s. The distracted trucker instantly killed Hurd’s daughter, another woman, and seriously injured Heather’s fiancée. A subsequent investigation uncovered that when the accident occurred, the trucker was exchanging text messages with his employer in an attempt to fix a mechanical problem with the truck.

Other people testifying before the Senate Judiciary Committee warned lawmakers that as technology continues to advance, the number of distracted drivers will only increase. In earlier posts, we have discussed the new technology that allows instant communication between truckers and their home offices. This is an alarming example of how, if that technology is not used safely, it can increase drivers’ risk for truck accidents. Our attorneys believe that the Maryland legislator should make texting while driving illegal. This activity is too dangerous.

External Links

Baltimore Sun Article

WTOP News Story

Commercial trucks have a large number of moving parts and components that, when working properly, help truck drivers safely deliver goods across the country. Maryland truck accident attorneys at Lebowitz & Mzhen, LLC have litigated cases where one or more of these components have failed and caused an accident. Federal law requires trucks to conduct pre-trip and post-trip inspections of the vehicles and to record the results in an inspection log. If a trucker fails to adequately inspect all of the truck’s basic parts, the driver may be guilty of negligence if one of those components fail and cause a truck accident.

The law states that a truck driver must inspect his truck and assure himself that all of the major components are functional. However, many drivers perform perfunctory inspections and note only a nominal inspection time in their logs. In a situation where a mechanical failure caused an accident, uncovering a driver’s failure to adequately inspect the truck before taking it on the road is crucial. Through the discovery process, Maryland truck accident attorneys attempt to get a negligent truck driver to give a detailed description of his pre-trip investigation in order to uncover any discrepancies.

Typically, we may ask a truck driver to give the exact amount of time he spent inspecting each of the following parts of his truck:
• Service brakes, including the trailer break connections for all axles;
• Parking/hand brakes;
• The steering mechanism;
• Light devices and reflectors;
• The truck’s tires
• Any straps or chains used to secure the load;
• The truck’s horn;
• Windshield wipers; and
• Rear view mirrors;
If amount of time the trucker allegedly spent inspecting each component does not match the amount of time indicated in the log, the discrepancy may call the trucker’s credibility into question when the case goes to trial.

Continue reading " Detailed Truck Inspections May Prevent Maryland Truck Accidents " »