Any driver who has been on the road for even a short time will understand the feeling of intimidation that a large tractor-trailer rig imparts to the occupants of smaller passenger cars, minivans and even large sport utility vehicles. Frankly, at 50,000 pounds of vehicle and cargo, the average 18-wheeler represents a huge amount of mass when compared to a relatively tiny sedan or economy car.
While freight forwarders and other delivery vehicles carry heavy loads, steel haulers and scrap trucks can be some of the heavier-laden vehicles on the interstates. If one is looking for one of the more deadly loads on our roadways, look no further than the ubiquitous tanker truck. While these are also quite heavy, big rigs pulling trailer filled with caustic chemicals or flammable liquids chemicals have the added danger of losing their contents in the event of a bad traffic accident.
]]> As Maryland personal injury lawyers, we represent individuals hurt as a result of another person’s negligence or thoughtless actions. Whether one is injured on a highway near Rockville, along a boulevard in the District, or outside a trucking depot in Annapolis, the seriousness of one’s bodily injuries can add up to large medical bills and rehabilitation expenses following a bad crash. If one becomes involved in a tanker accident, burns and other critical injuries can be particularly life-threatening.We are reminded of the potentially deadly consequences of a fuel tanker accident many times during the year. In fact, not too long ago we noted a thankfully non-fatal, but nonetheless serious accident involving a tanker filled with diesel fuel. The accident in question took place on the Cecil County side of the bridge that crosses the Conowingo Dam in late October last year.
According to news articles, the crash took place on a Wednesday night along that stretch of Rte 1 traversing the dam. Based on reports, the crash occurred around 11pm when the semi hauling a fuel tanker trailer overturned and burst into flames. Police reports indicated that traffic was rerouted for almost 24 hours while crews cleaned up the bridge area that crosses the Susquehanna River.
News reports showed that a medevac chopper was dispatched to the scene of the crash to transport a single victim -- presumably the driver of the big rig. Meanwhile, estimates of the total amount of fuel spilled ranged from 3,000 to 7,500 gallons; Harford County officials did not know exactly how much flammable liquid was in the tanker when the crash happened. While no mention was made as to the cause of the crash, if the accident involved a single truck, driver error could be a potential factor as would be some kind of mechanical equipment failure, such as a blown tire(s) or brake/suspension failure.
Members of the Darlington Volunteer Fire Company, Lancaster County Fire Department, and the Harford County Hazmat team all pitched in to assist Cecil County fire personnel contain and clean up the spill.
UPDATED: Route 1 at Conowingo Dam Re-Opened, Patch.com, October 27, 2011
Here in the U.S., an individual is considered innocent until proven guilty, but at the same time it is the job of prosecutors and plaintiffs’ lawyers to investigate the facts to find evidence proving that the defendant(s) are guilty or responsible for the violation of law with which they have been charged. Sadly, not only do the wheels of justice sometimes turn slowly, they can also be derailed even after a verdict is brought down against a defendant.
At our firm, as experienced Maryland personal injury lawyers, we have seen examples of companies and individuals who have been able to avoid paying their penance for various offenses against individual citizens as well as the state. Not long ago, we came across a news item that illustrates what can happen when a company that has been found guilty of wrongdoing in a court of law is able to avoid the full punishment of the law through various means. While car accidents and motorcyle wrecks take their toll on motorists, trucking-related crashes can cause some serious carnage.
]]> According to news reports, the jury in a civil trial a civil jury found Hanover-based Gunther's Leasing Transport, Inc. negligent in 1997 of an accident that resulted in the death of one individual and the injury of seven other people. The jury awarded the victims and their families almost $16 million in punitive damages and medical expenses. But according to the news article, Brian Buber, who was crippled and suffered severe brain damage as a result of the crash never saw a dime of the $13 million set aside by the jury’s verdict for the man’s future care; this according to statements from the man’s stepfather.The accident that maimed Mr. Buber happened back in September 1994, when a truck apparently owned by Gunther's Leasing careened into a construction area along a stretch of the Capital Beltway, crushing the paving equipment being operated by Buber and his coworkers. Many of the men at that work site escaped serious injury, yet some were badly injured or killed; Buber, still wheelchair-bound from the trucking accident 17 years ago, continues to await his monetary award.
But Mr. Buber’s wait has been apparently in vain, however; even though the Baltimore County court granted victims a multimillion-dollar collective damage award, Gunther reportedly declared bankruptcy shortly after the case wrapped up. With the company liquidated, Gunther effectively ended the Buber family’s years-long legal battle for compensation for the man’s extensive injuries.
Now, almost two decades later, a shocking revelation came to the family a couple months ago when news that federal trucking regulators had closed down another Gunther-owned trucking company. Calling Gunther’s latest trucking operation an “imminent hazard” to the public, the Federal Motor Carrier Safety Administration (FMCSA) has also proposed new regulations to help identify newly-established companies that may be attempting to dodge a history of safety violations.
Perhaps not surprisingly, court and federal records indicate that the Gunther operation in Hanover was reconstituted three different times due to legal or financial troubles. During all that time, the company’s fleet continued to be operated at the same location even following so-called liquidation of Gunther's Leasing Transport; and even after the owner went to prison for more than two years. For those who are wondering, 56-year-old Mark David Gunther was the nation’s first trucking executive to be convicted -- in 1995 -- of falsifying drivers' log books.
Trucking companies leave long trail of safety violations and victims, BaltimoreSun.com,
November 19, 2011
In any case, being injured as a result of another party’s negligence may be reason to file a personal injury lawsuit or claim against the negligent individual or individuals. In the case of trucking crashes, the fault -- as initially determined by the local law enforcement agency -- may lie with the driver of the vehicle, or it may be the fault of the trucking carrier or even a third party, such as a maintenance or repair facility. Naturally, the job of determining which parties should be named in a personal injury suit is typically too much for the average person, especially if that person is incapacitated by the accident.
Finally, injury as a result of a traffic accident involving a large commercial vehicle can be due to a poorly designed or manufactured part or component. Historically, it is not uncommon for motorcycle, truck and car accidents to be caused by incorrectly manufactured tires, steering components and braking systems. Lawsuits stemming from these kinds of car and truck collisions are also known as product liability claims; they can be tied to an injury accident -- or in cases of fatal wrecks, may be related to a wrongful death lawsuit.
Because commercial trucking companies conduct the majority of their business operations on public roads -- and in close proximity to other vehicles carrying individuals and families -- federal and state governments have established numerous laws, legal statutes and industry guidelines to regulate certain critical aspects of these firms’ business conduct that may affect the public adversely should those practices be overlooked or ignored to the detriment of public safety.
]]> One area that is important to public safety is the act of inspecting commercial trucks periodically to detect and correct potentially life-threatening problems of faults on the vehicle or its safety components. Because commercial trucks have a great amount of moving parts and other components, they must all be in proper working condition for a truck to be safe on the highway.Federal law requires commercial carriers and the trucker who work for them to conduct pre- and post-trip inspections of critical parts/components and record the findings in a permanent inspection log. Should a commercial truck driver fail to adequately inspect every important part, the driver may be guilty of negligence if one of those un-inspected components were to fail and cause a trucking-related traffic accident.
The law requires that a trucker inspect his vehicle and assure himself that all of the major components are fully functional and in correct working order. However, while the law requires this, it is well known that many truckers many only conduct perfunctory inspections, noting only a nominal inspection time for this cursory inspection in their logbooks. Part of a Maryland personal injury lawyer’s job is to bring to light any facts that show a failed component or part was not adequately checked prior to causing an injury or fatal trucking wreck.
Through what is called the “discovery process,” an injury accident attorney makes every effort to get a possibly negligent truck driver to provide detailed descriptions of his pre-trip vehicle investigation in order to uncover any discrepancies. Some of the most crucial areas that must be checked on a commercial vehicle prior to being used on the highway include the following:
-- Service and parking brakes
-- Trailer brakes for all axles/wheels
-- Steering system
-- Main lighting, marker lamps, signaling devices and reflectors
-- Horn and other audible warning devices
-- Windshield wipers and mirrors
-- Tires on both the tractor and trailer
-- Straps and hold-downs used to secure the load
When interviewing the driver, it is important to note any discrepancies between what the trucker stated as the time it took him to inspect a particular item and that reported in the inspection logbook. If there the times do not match or if there is a significant difference, then there exists a possible credibility gap in the trucker’s statements and actions.
Naturally, as professionals who operate these many times massive and potentially dangerous motor vehicles on public roads, truckers and their employers have not only a legal responsibility to keep the public safe, but also a moral one. As Maryland automobile accident attorneys, we know all too well the carnage that can result when an 18-wheeler hits a much smaller passenger car, SUV or minivan carrying adults and children. There is little margin for error and no room for negligent or thoughtless behavior on the aprt of these individuals.
]]>Slow or not, the results of court cases don’t always please all parties. As Maryland personal injury lawyers representing victims of automobile, trucking and motorcycle accidents, every month we ourselves read about cases that make us scratch our heads. The good news is that the appeals process is available in nearly all instances when a party feels that their point of view was fully understood or valued as much as they may have hoped.
A situation has been brewing down south that on the face of it seems to pit public safety against the individual rights of an employee to keep and perform his job without prejudice from his employer. Frankly, this is a tough legal issue the outcome of which will likely rile more than a few individuals once a decision is reached.
The case in question involves a commercial trucker who self-reported that he had an alcohol abuse problem. According to news articles, following that announcement the driver’s employer took the man off the fleet’s list of permanent drivers. As this obviously directly affected the man’s ability to earn a living, a suit was filed on the man’s behalf by the U.S. Equal Employment Opportunity Commission (EEOC) against his employer citing violations of the Americans with Disabilities Act (ADA).
]]> According to news reports, the suit, which was filed in the U.S. District Court for the Western District of Arkansas, sought to get back the man’s original driving position, plus some monetary damages. Part of the plaintiff’s argument was based on the ADA’s protections of a worker’s rights, which mandate that persons with disabilities must have an equal opportunity to achieve within the workplace.Understanding that commercial trucking accidents can result in very serious injuries and even fatalities, it’s reasonable to assume that a trucking company would have qualms about a driver who voluntarily came forward with statements about his or her problems with alcohol. For this reason alone, it would seem, there would be concerns about safety, as well as future liability if the driver in question was involved in a traffic accident while on the job.
According to reports, the plaintiff’s attorneys argued that the employer's policy and practice of never allowing a driver with self-reported alcohol problems to have a driving position is a violation of federal law. The EEOC’s position on in this matter is reportedly that a trucking company may have legitimate concerns regarding highway safety, however an employer can both ensure safety and comply with the ADA, according to an EEOC representative.
This case puts the Court in a curious dilemma. If it were to rule in favor of the trucking company, effectively removing the man from his position as a driver for safety reasons, there is the fear that by forcing the company to follow the law it could put not only that firm in potential financial risk if an accident does happen in the future, it could also have an affect on the jobs and lives of hundreds of innocent people.
Furthermore, if the court rules in favor of the company, that action could have deep-seated effects throughout the trucking industry, by essentially telling other drivers with a drinking problem that they should just stay quiet and not self-report a possible substance-abuse problem. By doing so, this could cause drivers with drug- and alcohol-abuse issues to remain silent and continue driving while all the while putting other lives at risk.
Of course, the Court could always issue a narrow decision that addresses only this specific case. If the Court wishes, it could use this case to make a broad statement by issuing a wide-reaching decision. Whatever the final decision, it is obvious that commercial truckers are not like many workers whose failure on the job may not result in the loss of many innocent lives. As a public safety issue, the outcome of this case is bound to make waves on all shores.
Safety vs. the law, Fleetowner.com, November 1, 2011
That said, we agree that these violators likely represent a small fraction of the trucking industry as a whole; however, such a statement may be cold comfort to families of victims killed or seriously injured in tractor-trailer collisions. As Maryland personal injury attorneys, we understand how much pain and suffering can be meted out by a 80,000-pound semi tractor-trailer rig whose driver may have negligently caused to crash into a smaller passenger vehicle.
As an aside, we will remind our readers that being caught up in a trucking-related crash can prove to be a harrowing and sometimes fatal occurrence. Many a Maryland motorist has been trapped in a crushed vehicle, perhaps one that has caught fire as a result of a collision with a big rig or commercial delivery truck, and had to wait helplessly for emergency responders to arrive and rescue them.
Sadly, some victims never make it to safety and die at the scene of a terrible traffic wreck. Others, having been rescued and transported to a local hospital, were likely injured so severely that months of physical therapy would be necessary to return them to some semblance of a normal life. Permanent injuries to the spinal cord, as well as traumatic brain injury, can leave an individual a mere shadow of their former self; their families crushed by the lose of a vibrant soul and haunted by ever-mounting medical bills and rehabilitation costs.
The point here is to remind that some truck drivers put time and money ahead of safety. The practice of disabling a truck’s front brakes to incrementally improve fuel mileage is one such example. While there are likely many more safety violations that occur daily, a recent report caught our attention, showing how far a driver can go to save a buck.
According to a news article, a trucker on the East Coast modified the license plate holder on his tractor as part of an effort to avoid paying crossing tolls on various bridges in the area, until one Saturday morning. Based on reports, 36-year-old Nelson Vaquiz was caught by a sharp-eyed Port Authority cop when he apparently drove through the E-Z Pass lane early on a Saturday morning with a load of iron pipes. According to reports, the trucker did not have an electronic toll collection device on the truck, thereby avoiding a $65 toll.
Based on police reports, Vaquiz allegedly altered the front license plate so that he could pull a cable and hide the numbers when passing through toll areas. By doing so, the cameras that are set up to photograph the license plates of toll violators would not be able to read the front plate. As for the rear plate, Vaquiz allegedly bent trailer plate so far upwards that the cameras could not record that one either.
Police said that the trucker had set up a cable to retract the front plate when passing by the toll plaza security cameras; once past the area, the driver apparently returned the plate to its normal position. Once stopped by police, the man was charged with theft of service, as well as possession of burglar tools and eluding. The trucker’s Peterbilt rig was also impounded.
The driver had other previous violations, according to news reports, that included speeding, possessing a radar detector, operating an un-inspected vehicle, not observing traffic signals, not maintaining a logbook, as well as failure to secure a load. According to news reports, so-called “fare-beating” at gateless toll plazas is a growing problem for the Port Authority, with some drivers toting up nearly $30,000 in tolls and fines.
Trucker uses license plate trick to avoid NY tolls, Fleetowner.com, October 19, 2011
Especially in winter time, whether driving on the roads around Annapolis, Rockville, the District, or Howie, MD, bad weather conditions can coat the road surface with slick snow, black ice, or slippery sleet. Any of these situations, as well as a dozen more, can lead to a serious traffic accident involving not just one vehicle, but sometimes two, tree or more.
As Baltimore auto accident attorneys and Maryland personal injury lawyers, we know how much property damage and bodily injury can be wrought by a jack-knifed semi tractor-trailer. Even the best drivers can be caught unaware when a winter storm blows in and makes our highways and surface streets virtual ice skating rinks. In fact, as has already happened this season, winter weather forecasts have been the precursor to numerous traffic problems, including closed roads, multi-vehicle collisions and occasional fatal commercial trucking-related wrecks.
According to news articles, there has been a discussion of fitting U.S. Postal Service (USPS) delivery vehicles with weather collection and transmission equipment to aid in the forecasting and reporting of real-time road conditions in certain geographical areas. Aside from this kind of preventative measure, it’s important to understand that some commercial truck drivers simply don’t make allowances for bad weather conditions.
]]> Because commercial trucking is a business, time and money can conspire to cause safety issues for truckers and the driving public alike. According to news reports, the American Transportation Research Institute, or ATRI, has said that it will be looking into its collection of truck safety data as a way of helping truckers remain safe during what the institute describes as “critical weather” events. Teaming up with the Federal Highway Administration (FHWA), the ATRI will be analyzing freight performance numbers in an effort to identify instances in which weather-related events have negatively impacted trucking operations.According to news reports, the ATRI announced in a recent newsletter that it will capture real-time weather data from data bases maintained by the National Oceanic and Atmospheric Administration (NOAA). Using so-called “moving weather event data,” the ATRI believes that a system could be employed that would provide weather information delivered directly to the cab of a big rig, which would be able to inform a trucker of weather-related events without “creating unnecessary distractions.”
The ATRI said that it could do this using geo-fenced “weather buffer zones,” where commercial truckers could receive real-time weather notifications with sufficient advanced warning that they could actually the appropriate action before hitting the worst of the expected weather. By working with an as-yet unnamed major telecommunications company, plus a number of motor carriers, various state DOTs, and NOAA, the ATRI expects to create a pilot system in the near future.
It could be that the next weather-related traffic safety innovation could actually come from an industry often lamented for its dangers to the driving public. Time will tell, but the idea seems promising, especially if lives can be saved on our highways.
Trucks and weather: Making a connection, Fleetowner.com, November 22, 2011
As Maryland personal injury lawyers representing individuals injured in car, truck and motorcycle crashes, we live with the knowledge that not everyone who hails a cab, boards a subway train or steps foot onto a bus is going to be home for dinner come the end of the day. Accidents happen on a regular basis; be they traffic collisions, nursing home mishaps, on-the-job injuries or deadly pedestrian and bicycle accidents.
Many truck and automobile wrecks happen as a result of several unexpected events occurring at the same time; such collisions can not be anticipated even though the individual events may have been preventable. Drinking and driving is one such preventable activity that everyone “knows” should be avoided, however human nature what it is, there are no end of alcohol-related traffic incidents every day in this country.
]]> What should be avoided at all costs is drunken driving by professional drivers; those people operating commercial vehicles, whether it be a delivery vehicle, city bus, or school vehicle. These days, distracted driving is nearly as bad as drunken driving and no commercial bus driver should ever be inattentive to traffic conditions due to the great responsibility of transporting many innocent people at any one time.The bus, which was carrying nearly 50 students to a convention in Baltimore, apparently failed to stop; hitting the pickup truck first and pushing it into the back of the log truck. Unfortunately, the driver of the pickup and two of three other occupants were pronounced dead at the scene of the fatal traffic accident. A fourth passenger in the pickup reportedly survived the collision, but had to be rescued from the severely crushed vehicle. The lone survivor was taken to a local hospital with non-life-threatening injuries.
Four individuals aboard the bus, as well as the driver of the log truck, were treated for possibly minor injuries. None were reported to have been significantly hurt in the chain-reaction accident. The woman’s arraignment hearing was scheduled for January 26 in front of a local district court judge. At the time of news reports, the local county prosecutor’s office was still awaiting information from police accident investigators to determine if additional charges would be levied against the driver.
Bus driver charged in fatal I-85 crash, Progress-Index.com, November 13, 2011
As Maryland personal injury lawyers representing victims of car, truck and motorcycle accidents, we know all too well the damage and harm that even a single semi tractor-trailer or large delivery truck can do to a passenger car, minivan or sport utility vehicle. Needless to say, the occupants of these smaller vehicles can receive serious and sometimes fatal injuries as a result of a commercial trucking wreck.
During a car-truck collision, the extent of bodily injury can range from lacerations and broken bones to internal injuries and closed-head trauma. Depending on the circumstances and other factors, vehicle fires can also erupt threatening any occupant who happens to be trapped inside the passenger car. As one might imagine, many traffic accidents involving large trucks -- such as Peterbilts, Macks and Kenworths -- can cause fatal injuries as well.
When the negligent party is found to be the trucker or company that employed him or her, it is likely that the victim or his family may seek to file a personal injury claim against those negligent parties. According to recent news reports, a Maryland trucking firm that was deemed to be a hazard to public safety was ordered to shut down its operations by the Federal Motor Carrier Safety Administration (FMCSA).
]]> Stating that Gunthers Transport LLChas had a long history of safety violations, the FMCSA ordered the Hanover, MD, company to cease operations. Citing numerous violations of federal safety regulations, not to mention a fatal trucking accident last August, the FMCSA called the company a “imminent hazard” to the public.Based on news articles, action by the FMCSA was the culmination of a two-year assessment of that firm’s safety performance. The results of the federal agency’s investigation indicated that Gunthers Transport had serious deficiencies in four out of seven safety categories, including vehicle maintenance, driving safety, driver fitness and prevention of driver fatigue.
For those who are not familiar with the legal and regulatory power of the agency, the FMCSA’s “imminent-hazard” classification allows it to take unilateral action to shut down a company that poses a threat to the public. According to reports, the FMCSA issued such an order against just ten firms during the last federal budget year.
As part of the investigation, the FMCSA determined that Gunthers drivers routinely violated hours-of-service (HOS) regulations. In addition, following last August’s fatal traffic accident involving a Gunthers truck, the Maryland State Police reportedly turned up evidence of excessively worn tires, defective brakes and inoperative turn signals on the suspect vehicle.
The FMCSA also found that nearly every vehicle in the Gunthers Transport fleet had some type of substantial safety problem; this, based on inspections performed in the past six months, according to FMCSA. Frightening to think that after two compliance reviews back in ‘08 and another two in 2011, the FMCSA determined that Gunthers had been operating vehicles previously listed as “out of service,” and that the firm was reportedly falsifying the records of drivers who had drug and alcohol violations.
Based on news reports, Gunthers is prohibited from resuming operation until its fleet can meet a number of stringent conditions, including designing a plan to re-train its drivers and taking “immediate, aggressive and progressive” steps toward controlling its drivers’ hours of service.
Maryland trucking firm called ‘imminent hazard,’ shut down, Fleetowner.com, November 22, 2011
As Maryland personal injury attorneys serving the residents of Baltimore, Rockville, Frederick and Washington, D.C., we know all too well how a traffic wreck can affect the lives of numerous individuals riding on a bus. Unfortunately, living in densely packed urban areas, many people must rely on public transportation; just as our children must also rely on school buses to transport them safely from home to school and back again.
As commuters on city buses and commuter railways, we acknowledge that the operators of these modes of transport are for the most part trained professionals who are dedicated to their jobs, with one of their primary goals being the safety and well being of their passengers.
For parents of elementary school children, it’s understandable that the daily routine of sending one’s kids off to school can lull one into a sense of security and trust in the safety of these large yellow boxes, however accidents can and do happen; and they don’t discriminate as to who will become the next victim.
]]> It doesn’t take much to become critically injured in a bus accident, especially considering that most buses -- even school buses -- do not have safety belts for the riders. Injuries from busing crashes can include injuries from simple as cuts and bruises to broken bones, internal injuries or closed-head trauma. Because of this, the potential for a school bus accident is very concerning for many parents.Naturally, we all choose to believe that every child riding on a school bus is safe from harm, the fact remains that the opportunity for injury -- sometimes even death -- is always there. With that in mind, we mention a news brief that recently came to our attention explaining that a school bus was involved in a three-vehicle traffic collision in the southern part of Maryland.
According to news reports, almost two dozen people including a number of students from Great Mills High School were sent to the hospital following a roadway collision apparently caused by a truck driver who may have had too much to drink. Based on police reports, the accident occurred on a Tuesday evening near Chaptico, MD. The crash took place as the school bus was transporting the kids back from an out-of-state sporting competition.
Based on reports, occupants of the bus -- namely the bus driver, a second adult, plus 15 students -- were all transported by ambulance to the hospital. In addition to the dozen-plus students, a 13-year-old girl, who was riding in the only passenger car that was also involved in the crash. The 45-year-old truck driver, who was treated for minor injuries, was reportedly arrested by local police and charged with drunken driving.
Several students treated at hospital after bus crashes in Md.; truck driver charged with DUI, WashingtonPost.com, November 23, 2011
As Maryland trucking accident attorneys and personal injury lawyers, I and my legal staff are trained to represent the victims of traffic accidents, as well as families who may have lost a loved one in a fatal car or truck wreck. As drivers ourselves, one thing we all know is that there is little alternative to the freedom that a passenger car, truck or minivan provides individuals and families.
Since road accidents happen with alarming frequency in this state, it is quite possible that someone you know has already been involved in a crash, or will be sometime during their life. For most people, a fatal truck, car or motorcycle collision is unlikely, but an injury accident is a distinct possibility given the law of averages. Sadly, when a crash does take the life of another driver, it is sometimes difficult to assess blame.
In some cases, police may cite the other driver for a basic traffic violation, which the victim’s family may believe was due to carelessness or extreme negligence. It has been noted on numerous occasions that some drivers who cause a fatal accident are not required to appear in court as a result of his or her error in judgment, even though another individual may be dead as a result. Many times, the law allows these motorists to simply pay the fine by mail and never once step into a courtroom to answer for their mistake.
]]> In the future, Maryland may see a change to situations like this, if one of our state legislators has his way. According to news articles, Senator Norman R. Stone, Jr., has been planning to introduce legislation requiring any motorist who has been involved in a fatal crash to personally appear in court.News items indicate that Sen. Stone has for the past three years introduced legislation dealing with car and truck accidents that directly result in a person’s death. Apparently, the a relative of one of the senator’s administrative staff died in a car accident back in 2008.
According to the article, written by the senator himself, his staffer’s granddaughter was riding in a limo when it was hit broadside by an 18-wheeler whose driver apparently ran a red light. The fatal crash occurred around 2:30am in the morning as the limousine was returning from a bachelorette party; a party for the victim, who was to be married just one week later.
According to Senator Stone, the trucker involved in the deadly collision was ticketed by police for running that red light. He was fined $120. Investigators determined that the driver was not drunk or otherwise impaired by drugs or alcohol, and therefore the crash was ruled an accident by police. Per Maryland law, the driver only had to mail in payment to the court.
The senator apparently feels, as likely do the families of many victims, that accidental traffic deaths like this one should not be treated as if there was not death; just a simple violation of traffic law. You can be sure that more than one family has been taken aback that the negligent driver who killed their loved one is not required to come to court, but only mail in a monetary fine.
Senator Stone’s legislation is apparently driven by other people’s concerns that Maryland law lets those responsible for a traffic death avoid the courtroom altogether. His proposed change to the law would require a court appearance for anyone responsible for a traffic death; they would not be allowed to simply mail in payment of the fine. The senator believes that getting the negligent driver into the courtroom would give the victim’s family an opportunity to be heard regarding the impact of their lost loved one.
According to the article, in past years the senator’s bill has passed through committee and been passed by the Senate, however it has not seen the same approval by the House. Whether this bill becomes law anytime soon will depend on the legislative process, as well as the public’s interest and desire for such a law, contacting their representative to perhaps vote in favor of it. Time will tell.
Stone: Accident Fatalities Should Require Court Appearance, Patch.com, October 20, 2011
Wrongful death lawsuits are common when a person has died as a result of another driver’s negligence or willful breaking of the law. Especially in cases where the victim was the sole financial provider for his or her family, there is little alternative to the lost income to pay for the necessary living expenses, and likely medical bills related to the accident that claimed the life of that individual. If only to offset the lost future earning power, not to mention the loss of comfort and companionship, a wrongful death suit is often brought against the negligent party.
Many times, in the case of a fatal or even severe injury-related accident, police and local prosecutors will attempt to bring a negligent driver to justice in the way of criminal charges. In such cases, that person can end up being sent to jail for months or years, depending on the extent of the damage, injury or pain inflicted on others.
For those people who consciously and with malice attempt to injure or kill another person or persons, the law can be quite harsh; yet for the families of the victims, even the criminal justice system seems to come up short and emotions run high. We were certainly reminded of this not long ago when the sentencing phase of a criminal trial came to a conclusion.
]]> According to news reports, a Calvert County man was sentenced to 12 years in prison for his actions that caused a Christmas Day traffic wreck last year in Chesapeake Beach. In that so-called accident, 25-year-old Lusby, MD, resident Stephen Stanley reportedly rammed the work truck he was driving into the back of another vehicle, critically injuring an innocent woman.Based on court records, Stanley told police that he was troubled over the breakup with his girlfriend and “wanted to hit something really hard and fast.” As a result of the man’s personal situation, the defendant was reported to have taken his four-ton commercial vehicle up to 125mph on a stretch of Rte 261 prior to slamming into the back end of a 2003 Ford Explorer carrying two women -- the posted speed for that portion of the roadway was 40mph.
Police and emergency crews arriving on the scene following the collision found both women lying outside of the SUV, which was described as being virtually unrecognizable; in addition to destroying that vehicle, the force of the crash literally caused the victims’ seatbelts to fail, ejecting both occupants from the SUV. The driver of the Explorer, 17-year-old Alex Olynik, received only minor injuries, according to police.
The young man’s mother, Becky Olynik, was not so lucky. Reportedly suffering a traumatic brain injury during the crash, Olynik was comatose for about three weeks, and had to remain in the hospital for continuous medical treatment for almost 90 days. As might be expected, the woman testified in court regarding her continuing battle with the debilitating after-effects of that crash.
Stanley, who had a blood-alcohol content (BAC) of 0.14 percent a the time of the collision, was reportedly also driving on a suspended license. The man pleaded guilty back in June to second-degree assault and driving while intoxicated, as well as the suspended license charge. That plea to second-degree assault would typically call for a six-month to three-year jail sentence, however Calvert County prosecutors argued that three years in jail would hardly be appropriate in a case such as this, particularly given the level of harm. In response, prosecutors asked for a 10-year sentence -- the maximum for vehicular homicide.
In the end, Calvert County Circuit Court Judge Warren J. Krug sentenced the defendant to 12 years active time. Meanwhile, in an apparent attempt to recover costs for the crash, Becky Olynik reportedly filed a motor tort case against the man and his father, who allegedly was his son’s employer at the time of the collision. The pretrial hearing for that lawsuit is scheduled for March of next year.
Man sentenced for Christmas Day crash, SoMdNews.com, October 05, 2011
Without a doubt, commercial trucks are everywhere one looks in Baltimore, Rockville, Gaithersburg and Washington, D.C. As an important part of this nation’s flow of commerce, large trucks are a necessary evil, to put it bluntly. Of course, most truckers are careful professionals who take their jobs quite seriously. However, as with any industry, there are bad apples in the bunch.
With all these vehicles -- 18-wheelers, contractor vehicles, box trucks and delivery vans -- there is always the potential for a trucking-related traffic accident no matter where you are. Pedestrians and bicycle riders are also not immune to the dangers presented by thoughtless or inattentive truck drivers, especially in busy urban areas where bike, foot vehicle traffic share the same roads.
Being involved in a serious car accidents and truck collisions can be frightening enough, but once injured due to a commercial trucking accident, one must usually face the task of both physical and financial recovery. Sad to say, obtaining justice following a truck accident in Maryland may be difficult. Because they are usually associated with large businesses, commercial truck carriers usually have extensive legal resources that help them to avoid large payouts.
As mentioned, there are always some bad drivers out there, but it is important to remember that Maryland trucking firms can be held liable for employing negligent truckers who cause a serious roadway injury accident or fatal trucking collision. In these types of situations, as Maryland personal injury lawyers, it is our job to represent the victims or the victim’s families in order to gain some compensation for their loss.
The insurance companies that represent trucking firms typically try very hard to limit how much they will pay for any insurance claim. It’s not uncommon for the victims of such highway wrecks to actually be accused by the insurance company of causing the accident.
]]> Regardless, the victims of a Maryland traffic accident involving a commercial vehicle are legally allowed to seek monetary damages from a negligent trucker’s employer based on a theory of law known as “negligent entrustment.” This legal theory empowers auto accident attorneys to pursue a couple important objectives for their clients. First, it provides a method of recovery even though the truck driver himself may have insufficient insurance coverage or personal assets to meet the possible monetary award. Secondly, this approach provides the mean by which plaintiffs (such as a victim’s family) to punish a “careless” operator of a trucking company for hiring a driver that put the victims’ lives at risk due to negligent operation of the company’s commercial vehicle.Under Maryland law, this theory of negligent entrustment is comprised of three specific elements, all of which must be demonstrated to the court during a trial:
1) The plaintiff’s lawyer must show proof that the trucking company’s owner was a legal “supplier” and that he or she made the vehicle available to the negligent driver
2) The victim’s lawyer needs to prove that the supplier/trucking company owner(s) knew, or even should have known truck driver was likely to operate the truck, whether due to poor training or other deficiencies) in a manner that put others at risk of harm (Even if the driver is not found negligent, this point can also apply if the owner allowed the vehicle to be operated with known mechanical defects)
3) The victim’s attorney needs to prove that the injured plaintiff was typical of the kind of individual that the supplier/vehicle owner would reasonably expect to be endangered should he or she employ said negligent trucker
For reference, the Maryland court system defines “supplier” as anyone who has the authority to permit and/or prohibit the use of the truck. If the allegedly negligent trucker’s employer owned the commercial truck involved in the accident, then that owner is considered a legal supplier who then made the vehicle available to the negligent driver.
Furthermore, Maryland courts have ruled in the past that pedestrians, bicyclists and passenger car and truck drivers who are injured though the negligence of a commercial truck driver are, indeed, the types of people that a supplier/trucking company owner would expect to be endangered by a negligent truck driver whom they have under their employ.
]]>As Maryland personal injury attorneys and commercial truck accident lawyers, I and my legal staff understand the potential for serious or fatal injury that can result from a highway accident between a large commercial vehicle and smaller motor vehicle. Occupants of passenger sedans, SUVs, minivans can receive life-threatening injuries during a collision with an 18-wheeler or large delivery truck. Pedestrians and even motorcycle riders hurt in these kinds of traffic accidents are often among the most likely to die as a result of such traffic wrecks.
As mentioned, improper loading, whether due to excessive weight, poor load placement, or improper tie-down or otherwise incorrectly secured loads can all be contributing factors to serious or fatal trucking accidents. With commercial semi tractor-trailers weighing upward of 80,000 pounds, it’s no surprise that commercial truck drivers must have specialized training and pass federally-mandated testing to qualify for a commercial trucking license. But in spite of all this, accident can and do occur on an alarmingly frequent basis.
A while back, a woman was killed after the car in which she was riding collided with a piece of construction machinery that fell off a flatbed trailer belonging to a Maryland firm. The crash happened on a Friday afternoon along a stretch of interstate, according to reports. Based on information from local police and fire-rescue units, 42-year-old Yingzi Wang driving southbound on the highway with three others in a 2000 Toyota Sienna when a backhoe/front-end loader apparently rolled off of the trailer in front of Wang’s vehicle.
]]> The huge piece of construction equipment reportedly landed on top of the Toyota causing the vehicle to go out of control and leave the roadway. Police reports show that both the Sienna and the backhoe rolled about 20 feet down a nearby embankment off to the side of the road.One of the victims, an elderly woman, was pronounced dead at the scene. Two of the injured were children aged 10 and 13. According to news reports, the driver was taken by medevac helicopter to a local hospital, while the 10-year-old boy and 13-year-old girl were transported via ambulance.
Based on police reports, the 49-year-old driver of the 2010 Freightliner, which was pulling the trailer, was not injured. The truck itself was reportedly operated by National Grid, which is the same company that owned and operated the Case backhoe that caused the fatal accident.
New reports indicate that all of the victims were trapped for some time in the Toyota as emergency crews worked to free them. Although the crash occurred around 1pm, the victims were not extricated until about 2:30, making for a deadly and harrowing experience for these people.
At the time of the news article, police had not determined the exact cause of the accident, or why the backhoe came loose from the trailer causing this fatal trucking accident. State Police were working on the investigation with other agencies including the state’s commercial motor vehicle enforcement department and crime scene investigators.
UPDATED: Westford Woman Killed in I-495 Crash, Patch.com, August 12, 2011
What this means for the average passenger car, light truck and motorcycle rider is to be certain that your vehicle is well-maintained, tuned up and mechanically safe and sound. We won’t go into a discussion on the dangers of defective vehicle equipment here, but suffice it to say that a percentage of roadway wrecks are sometimes found to be a result of poorly designed safety components and other critical systems, such as steering and braking systems (an area of law known as Products Liability).
As Maryland personal injury lawyers, I and my legal staff understand the causes of many traffic accidents and how easily a quiet Sunday drive can turn into a serious and sometimes life-threatening event. Keeping a vehicle in good running condition is a basic requirement for safe driving. This goes as much for automobiles as it does for commercial trucks, usually more so.
Speaking of trucking-related accidents, one cannot argue with the laws of physics when it comes to serious traffic accidents involving semi tractor-trailers, such as Kenworths, Peterbilts, and Mack Trucks; not to mention large box trucks and rather heavy and extremely dangerous tanker trucks.
Many passenger car occupants, not to mention motorcyclists, are killed on a tragically frequent basis when they become caught involved in a crash with a commercial delivery vehicle or 18-wheeler. Those smaller, lighter and less substantial motor vehicles are hardly a match for a fully loaded semi, commuter bus or dump truck. Injuries from car-truck collision can take months or years to recover from, both physically and financially, which makes prevention a no-brainer.
]]> What the trucking industry can do to improve everyone’s chances in the future covers a wide range of preventative measures, as well as increased driver awareness and better monitoring of drivers’ performance in the cab.As professionals, commercial truckers are personally responsible for safety and safe operation of these relatively large and massive motor vehicles. Despite increased attention and inroads into curbing fatal trucking accidents, almost 5,000 people nationwide are killed annually in auto-truck highway collisions; approximately 100,000 people are injured every year in commercial trucking accidents. It’s no stretch to say that any number of deaths or injuries due to traffic accidents is unacceptable.
Truck accidents can occur as a result of both truck driver negligence or due to the inattention or negligence of another motorist or pedestrian. No matter which party caused the crash, in most instances it is the pedestrian, biker, cyclist or passenger car occupant who receives the brunt of the injuries, many of them catastrophic or even fatal.
As professional drivers, commercial truckers should always be held to a higher standard of safety. This is not just a suggestion, but is a fact of law. It is likely that if commercial truckers exercised added caution many serious or fatal roadway accidents could possibly be avoided, or at least have their effects lessened.
As a suggested list of safety tips for truck and bus drivers, here are a few key points to follow for better traffic safety:
-- Don’t go out on the road without being thoroughly rested
-- Don’t exceed the maximum Hours of Service (HOS) allowed when operating a commercial motor vehicle
-- Keep your truck’s necessary maintenance items up to date; this includes performing a physical inspection of critical components including the vehicle’s brake system prior to hitting the road
-- Watch your blind spots religiously (It’s well-known that 30 percent of trucking-related collisions take place in a truck’s “No-Zone” area)
-- Slow down when passing through construction (Nearly a third of all fatal work-zone accidents involve commercial trucks)
-- Maintain a safe cushion between your rig and the vehicles ahead of you (typically, when a commercial vehicle rear ends a passenger car, the trucker is more likely than not to be held responsible for the accident)
-- Wear your safety belt and, above all, drive defensively
National Highway Traffic Safety Administration (NHTSA)
As Baltimore automobile, truck and motorcycle accident attorneys, as well as Washington, D.C., personal injury lawyers, we can only hope that professional drivers (those carrying a commercial driver’s license) are always vigilant and aware of other, smaller vehicles on the road. Of course, as much as anyone wishes that car and truck accidents would not occur, they do happen with great frequency, sometimes with fatal results.
Because of the size and weight disparity between passenger cars and commercial trucks, accidents between these two groups of vehicles can be more severe -- at least for the occupants of the smaller vehicle -- than in accidents between two sedans, minivans or sport utility vehicles (SUVs).
Even more diminutive commercial trucks can pose a real danger to drivers and passengers of light vehicles. Though not as large as a semi tractor-trailer rig, a commercial dump truck when fully loaded can have a substantial weight advantage over a smaller motor vehicle. In the case of a collision, a dump truck can sometimes crush a sedan or economy car, depending of course on the speed, road conditions and other accident-related factors.
]]> Not long ago two men escaped what could have been a fatal trucking-related wreck while traveling along a downhill stretch of Rte 3 in Bowie, MD. According to news reports, the traffic accident occurred on a Thursday around noontime in the southbound lanes of Rte 3 not far from Forest Dr. when a dump truck apparently clipped the rear corner of a car traveling next to it, causing the driver of the smaller auto to lose control.Based on the accident report from the Maryland State Police, the truck driver was operating his vehicle in the left lane when he attempted to change lanes into the adjoining right-hand lane. In the process, the truck hit the left rear panel of a Chevrolet passenger car carrying two men. The force of the impact caused the Chevy to spin into the path of the truck, which then hit the car a second time, apparently throwing it to the left side of the road.
Following the second impact, the car reportedly flipped over in front of the dump truck then left the roadway, striking a guardrail on the left-hand side of the road. The car flipped over the railing and rolled into a nearby ravine, landing on its roof. Emergency responders arriving on the scene apparently had to cut the two victims out of the severely damaged vehicle in which they were trapped for a time.
Based on reports, the two unnamed men survived the collision with non-life-threatening injuries if only because they were wearing their seatbelts. Police reports indicate that the two men were transported to Prince George’s Hospital Center in Cheverly, MD.
Police cited the driver of the dump truck for failure to control speed in order to avoid the collision, as well as following another motor vehicle too closely. The driver, who also was not identified, reportedly received no serious injuries.
Dump truck crash in Bowie injures two men, Gazette.net, August 4, 2011