Trucking Accident Lawyer Blog

Considering the damage and injury that can occur as a result of a traffic collision between a semi tractor-trailer rig and a much smaller family minivan, sport utility vehicle or economy car, it’s very important that the individuals who operate these behemoths be properly trained and licensed.

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.

Continue reading "Baltimore Trucking Injury Update: Maryland Truck Owners Have a Responsibility to Not Employ Negligent Drivers" »

When I listened to the first news reports about the tragic collision between the two D.C. Metrorail trains on the Red Line yesterday, the NPR broadcast said the collision occurred “near the D.C., Maryland border.” In addition to being struck by the unnecessary loss of life, and terrible injuries sustained to the victims and their families, as a lawyer, I thought to myself, the location of the train wreck will determine the level of compensation the metro train passengers and their families will be able to receive.

If Maryland were the location of the collision, the injuries would be worth less because of non-economic damages caps in place that artificially limit or cap the amount of money serious injuries are worth. However, in the District of Columbia, there are no caps that limit damages for the injuries themselves -- what some people call damages for pain and suffering.

The Metrorail train accident victims and their families will be going through enough difficult times ahead, but fortunately, because the train collision occurred in the District of Columbia -- between the Fort Totten and Takoma train stations, one thing they will not have to deal with are the damages caps. Again, there are no damages caps in D.C.

We have written about the damages caps before, and how we believe the caps unfairly harm the most injured victims of accidents. Here is an obvious example: Some train riders have died, some have suffered serious internal injuries, and some have serious orthopedic injuries including fractures, but if this incident had occurred a mile up the Red Line tracks in Montgomery County, the victims would not be able to receive full and fair compensation.

Continue reading "D.C. or Maryland: Location of Washington Metro Train Red Line Accident Will Be Critical" »

Federal law requires motor carriers to effectively train its truck drivers and to take steps to ensure that they comply with all federal transportation regulations. Under this group of federal laws, motor carriers are often found responsible for negligently hiring unqualified truck drivers. When the Maryland truck accident attorneys at Lebowitz & Mzhen, LLC take on a new case, we always review the motor carrier’s employee orientation and training procedures. Our Maryland truck accident attorneys have found that an adequate hiring procedure is comprised of the following three stages: (1) Recruitment/Pre-Qualifying Interview; (2) Application/Background check; and (3) Driver Orientation.

1. Recruitment / Pre-Qualifying Interview
Many motor carriers actively seek out skilled professional drivers to help man its fleet of trucks. Good motor carriers hire retired truck drivers with good safety records to scout out potential commercial truck drivers. This method allows experienced professional drivers to initially review a potential driver’s knowledge of trucking operations and ability to safely operate a commercial vehicle. After the completion of the pre-qualifying interview, potential drivers are normally invited to begin an application process.
2. Application / Background Check
During the application process, the employer must procure and keep relevant information pertaining to the driver’s employment history and driving safety record. Federal law requires a motor carrier to gather the potential driver’s employment and driving history for the three years prior to the driver’s current employment. Specifically, the current employer must request the following information about their current employee:
i. General employment data about the driver;
ii. Information about the vehicle accidents in which the driver was involved; and
iii. Information concerning any alcohol or drug violations and/or rehabilitation.
3. Driver Orientation
After the application process the carrier must conduct a driver orientation in order to confirm the driver’s skill and inform the driver of his responsibilities. To comply with federal law, the motor carrier must conduct, and a driver must pass, a road test that demonstrates the driver’s skill in handling a commercial vehicle. During the remainder of the orientation process, a motor must also instruct the drivers on the company’s safety policies, record keeping policies, hours of service regulations, and safe driving techniques.

Due to this weekend’s snow storm in Maryland, our Maryland truck accident attorneys have spoken to many potential clients regarding accidents caused when the driver of a motor vehicle, or in one case, the driver of a tractor trailer, hit a patch of ice, or compacted snow, lost control of the vehicle driven, and caused an accident. After a snow storm, potential clients call us and ask a question like this, “Do I have a case: I was injured when another driver lost control of his vehicle on ice and slammed into the front of my car?”

In Maryland, a driver of a motor vehicle must control his or her vehicle in all weather conditions. The Maryland Transportation Article, Section 21-801 states that:

“At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance.”

In short, the failure to control a vehicle due to snow or ice does not excuse the act of losing control of a tractor trailer, an SUV, or an automobile. A driver is responsible for injuries or damages caused when his or her motor vehicle goes out of control and strikes another driver, even if the accident was caused by ice or snow on the roadway.

Continue reading "All Maryland Drivers Must Maintain Control of Their Vehicles, Even When Driving on Snow and Ice" »

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 " »

In order to prevail in a lawsuit concerning a Maryland eighteen wheeler accident, an attorney must employ certain special investigatory tactics. Truckers typically create a paper trial that, if followed correctly, may uncover the cause of an accident. A Maryland truck accident attorney’s investigation should pay careful attention to two information sources, the truck involved in the accident, and the truck driver.

1. The physical investigation of the truck

Information within the truck’s cab and engine could be essential in discovering whether the truck driver was at fault for the accident. When a big rig is involved in an accident on one of Maryland’s highways, the truck should be treated as a crime scene. Federal law requires trucking companies to keep a copy of the truck’s maintenance and inspection records in the big rig’s cab. Investigating these records could uncover a company’s failure to properly inspect or maintain the eighteen wheeler, and this failure may be a contributing factor in an accident.

Today, most big rigs carry black boxes in their engine compartments. Similar to airplane flight data recorders, black boxes in big rigs record engine conditions, vehicle speed, and other relevant information. Maryland truck accident attorneys must act quickly to recover the information contained within a truck’s black box. In many cases, a truck’s black box will tell an investigator when the truck driver applied the brakes, the engine RPM, clutch position, and the truck’s speed at the time of the accident.

Information found inside the cabin and sleeping compartment of the big rig involved in an accident may also prove crucial to a truck accident attorney. All truckers carry “trip envelopes” where they record their expenses for reimbursement and tax purposes. These payments tell the story of where a driver traveled preceding an accident, what he ate or drank, and most importantly, how long the driver spent on the road. Trip envelopes can highlight a violation of federal hours of service regulations and provide evidence of a driver’s negligence.

2. Investigation of the truck driver

A truck accident attorney should seek information concerning the driver of an eighteen wheeler involved in an accident in Maryland. A truck driver’s criminal record, driving record, and medical records might reveal evidence of the driver’s ability to operate a commercial vehicle safely.

A truck driver with a criminal history involving drug or alcohol violations will be a red flag to a lawyer. A truck driver’s prior traffic violations may demonstrate a pattern of driving behavior indicative of the driver’s negligence. Prescription medications and their dosage instructions may be another vital piece of information indicating the driver’s sobriety (or lack thereof) at the time of the accident.

Continue reading "Maryland Truck Accidents: How the Truth is Uncovered" »

Under perfect road conditions, it takes an attentive and well trained truck driver 96 yards to stop an unloaded eighteen wheeler traveling at 55 miles per hour. Traveling at typical highway speed, 65 miles per hour, the same truck will take 129 yards to come to a stop. Unfortunately, conditions are hardly ever perfect, and truck drivers are not always attentive or well trained, and tractor trailers are often heavily laden with goods. In poor weather, a loaded eighteen wheeler can take over two football fields to stop. Poor weather and road conditions increase the distance necessary to stop a truck and also elevates the risk of death or injury to Maryland drivers.

Because of these considerations, federal law increased the level of care owed by truck drivers in Maryland during inclement weather. Through rain, sleet, snow, or fog, truck drivers must, by law, maintain a higher level of care. Extreme care requires, amongst other things, that large truck drivers reduce their speed and increase the distance between themselves and other drivers on the roads. Additionally, if the hazardous conditions persist, drivers of commercial vehicles must get off the road until the weather or road conditions improve.

Big rig operators in Maryland know what the law requires and many operate their eighteen wheelers professionally and responsibly through poor weather or road conditions. However, federal law and Maryland truck accident attorneys work to punish those who do not. In Maryland, poor weather caused 25% of the fatal eighteen wheeler accidents. Today, trucking companies are able to transmit up-to-date weather information to the truck drivers they dispatch across Maryland and the nation. Many eighteen-wheelers operating with major carriers have computers installed in their cabs to receive messages from their home offices. Maryland law, if not federal law, should require carriers to transmit information on weather and road conditions to their drivers and direct them to leave the highways during extreme weather. The attorneys at Lebowitz and Mzhen believe that this step could save the lives of drivers on Maryland’s highways.

Continue reading "Drivers of Eighteen-Wheelers in Maryland Must Pay Extra Attention While Driving in Inclement Weather" »

Plaintiffs in Maryland may recover money damages from a negligent truck driver’s employer based on the legal theory of negligent entrustment. Negligent entrustment allows Maryland accident attorneys to accomplish two objects important to a plaintiff’s personal injury suit. First, this method of recovery allows a plaintiff to avoid the situation where the truck driver does not have sufficient personal assets or insurance coverage to satisfy a potential monetary award. Second, the theory allows plaintiffs to punish careless owners of trucking companies who put Marylanders at risk of serious injury or death caused by negligently operated or maintained trucks.

Under Maryland law, negligent entrustment has three elements that must be demonstrated before the court during trial. First, the plaintiff’s attorney must prove that the trucking company owner was a legal supplier that made the truck available to the driver. Second, the plaintiff must prove that the owner knew or should have known that the truck was in defective condition or that the truck driver, due to inexperience or other factors, was likely to drive the truck in a manner that put others at risk of harm. Finally, an attorney must prove that the injured plaintiff was the type of person the supplier would expect to be endangered by a negligent truck driver.

Maryland courts define a supplier as anyone who has the right to permit and the power to prohibit the use of the truck. If the negligent truck driver’s employer owned the truck, then the owners is legally a supplier who made the truck available to the negligent driver. In a number of cases, Maryland courts have held that truck company owners are legal suppliers if they possess trucks and provide them to drivers that they employ.

Maryland courts have held that pedestrians and other drivers injured by negligent truck drivers are the types of persons the supplier would expect to be endangered by a negligent truck driver.

Therefore, the theory of negligent entrustment allows a Maryland plaintiff to ensure a full recovery for their injuries and help protect other Maryland drivers from negligent owners of trucking companies.

Although the number of large truck involved in deadly accidents decreased from 4,766 trucks in 2006 to 4,584 in 2007, the number of large-truck related deaths—4,808 fatalities—and injuries—100,000 victims—is still too high. Truck accidents can occur both from trucker negligence and the negligence of other motorists and pedestrians. Regardless of who caused the accident, however, in many cases it is the pedestrian, motorcyclist, bicyclist, or occupant of the passenger car involved in a collision with a large truck that sustains the most catastrophic injuries or dies.

Commercial truckers are professional drivers who are held to a higher standard of safety on the road than regular motorists. Not only are they operating large vehicles weighing thousands of pounds, but many times, they are transporting extremely heavy or dangerous/hazardous cargo in their vehicles.

It is important that truck drivers exercise extreme caution when operating their large trucks at all times so they can safely arrive to their destinations without becoming involved in a motor vehicle crash. The Federal Motor Carrier Safety Administration offers a number of safety tips for bus and truck drivers:

• Make sure you are well rested before getting in your truck.
• Do not exceed the maximum hours of service that you are allowed to operate your vehicle.
• Make sure that your truck is up-to-date on all maintenance work and that you inspect your truck—especially the brakes—before you go anywhere.
• Monitor your blind spots regularly when driving. 30% of large truck crashes happen in the trucker’s “No-Zone” area.
• Slow down when you are driving close to construction work zones. 30% of deadly work zone accidents involve large trucks.
• If a large truck rear ends another vehicle, liability is often placed on the truck driver. Make sure to keep a safe distance between you and the auto in front of you.
• Wear a seatbelt to protect yourself from sustaining serious injuries in the event of a traffic accident.
• Be a defensive—not an aggressive—truck driver.

Safety Tips for Truck and Bus Drivers, FMCSA

Large Trucks Safety Fact Sheet, NHTSA

Federal Motor Carrier Safety Administration

Continue reading "Washington DC and Maryland Truckers Can Take Steps to Prevent Truck Accidents" »

An injured party may present a negligent truck driver’s traffic citation as evidence of negligence when the truck driver violates traffic law and causes an injury as a result. Anyone who has received a speeding ticket knows that state traffic laws govern all Maryland drivers; however, truck drivers are also governed by additional state and federal regulations. If a truck driver violates any of these laws and causes a car accident, the injured party may use that violation as evidence of the truck driver’s negligence.

The Maryland accident attorneys represented the victim of a truck accident where the truck driver violated Maryland law and caused the victim’s injuries. The victim was traveling on the highway when the driver of the speeding tractor trailer lost control of the truck and violently crashed into the rear of the victim’s automobile. The police on scene ticketed the truck driver for speeding and failing to control his vehicle. As a result of the accident, the victim suffered a broken pelvis and other serious injuries. The victim’s counsel relied upon the truck driver’s tickets to prove that the truck driver had acted negligently.

Continue reading "In Maryland, it is Legal Evidence of Negligence When a Truck Driver Violates State or Federal Traffic Law" »