Trucking Accident Lawyer Blog

For most of the drivers here in Maryland and Washington, D.C., maintaining the safety of oneself and one’s vehicle occupants involves more than a modicum of active participation. In short, to survive in this part of the country a drive must, out of necessity, watch out for the other guy.

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.

Continue reading "Baltimore Trucking Accident Update: Thoughts on Decreasing Fatal and Injury-related Maryland Truck-Car Collisions" »

The death last August of a Maryland university professor on an Ohio expressway has raised the question of commercial truck drivers’ ability to function well under the currently legal federally regulated hours of service. It was the untimely death of Stevenson University professor Susan Slattery and numerous other traffic accidents involving commercial truck and passenger vehicles -- such as minivan, sedans, SUVs and motorcycles -- that has people like Joan Claybrook, former head of the National Highway Traffic Safety Administration (NHTSA), looking long and hard at the current rules.

As a Baltimore trucking accident lawyer and personal injury attorney, I have heard dozens of heartrending stories involving families who have lost loved ones in traffic wrecks due to another person’s negligence. According to a news report, the federal regulations governing the number of hours a truck driver may be one the road could also be to blame for thousands of deaths each year.

To some, semi tractor-trailers are simply rolling time bombs that claim nearly a dozen lives every day across the United States. And it’s most likely true, according to some, that of the dozens of 18-wheelers a driver meets on the road every hour may be operated by a trucker who has been driving for more than the 12 hours. In fact, there is no way for other motorists to know whether or not a commercial driver has been on the road for only five or as much as 15 hours.

Claybrook herself has reportedly been an advocate for reducing the hours truckers can drive for a while now. Known as “Hours of Service,” federal regulations state that truckers can drive no longer than 11 hours with 10 hours off for rest. But these rules could change as early as 2011, now that there have been some successful lawsuits carried out by safety groups.

As a result, the federal government is now carefully reviewing the question of how many hours a trucker could more safely drive in any given shift. Given the possibility of proposed changes to the current rules governing hours of service, a change in the law could be implemented no later than next summer.

Some would say that it couldn’t come soon enough, what with driver fatigue being blamed for as much as 40 percent of fatal trucking-related accidents; claiming about 5000 lives across the nation every year.

Continue reading "Maryland Trucking Accident News: Experts Say Maximum Driving Hours Still Killing Too Many People" »

Recent news reports tying the dangers of sleep deprivation to traffic accidents involving heavy, over-the-road delivery trucks and tractor-trailers have been punctuated by actual stories of fatal and near fatal crashes between passenger vehicles and 18-wheelers. Not only do these relatively large motor carriers pose a threat to passenger cars, light trucks and minivans filled with families, pedestrians, bicycles and motorcycles can also find themselves in the crosshairs of a commercial truck and its potentially impaired driver.

As Maryland personal injury lawyers and trucking accident attorneys, I and my colleagues have seen the result of highway and urban collisions between smaller vehicles and these much more massive trucks. If a truck driver is not fit to drive, a potential accident can be lurking around the very next turn. Sleep deprivation, as well as other modes of driver impairment can increase the odds of a collision, which rarely comes out well for the occupants of a smaller passenger car.

In the case of a Maryland university professor killed in an out-of-state highway crash involving a semi, it would appear that police believed that the driver of the big rig may have been sleep deprived prior to the accident. If so, the unfortunate woman and her two injured children riding with her would be three more statistics added to the ever-growing list of tragic and unnecessary trucking accidents.

According to reports, authorities at the Ohio State Highway Patrol believe that driver fatigue may have factored into the deadly August 16 multi-vehicle accident that killed 47-year-old Susan P. Slattery and injured her two sons traveling with her. Based on police reports, the semi allegedly barreled into the rear of the Maryland resident’s 2010 Ford Focus.

The crash caused Slattery’s compact car to be pushed into another tractor-trailer. Resulting in a multi-vehicle collision involving five cars and three big rigs. Slattery, a Cockeysville resident, died in the crash. Her 12-year-old boy was listed in critical condition at a local hospital with what emergency personnel referred to as "multiple systems trauma." Slattery’s 16-year-old son was in fair condition, with injuries listed as a possible hip and left foot fracture, multiple abrasions and lacerations, according to reports.

At the time of the news article, police were considering pressing charges against the truck driver, who was hauling a triple trailer at the time. According to reports, the driver admitted to dozing off "for a few seconds" shortly before noon that day. The driver told police he tried to "take evasive action" after he woke up, "but it was too late." Authorities report that the trucker admitted he started at 3am that morning and only gotten three hours of sleep before work.

Sleep deprivation may be cause of fatal crash, HudsonHubTimes.com, August 22, 2010

Police believe a truck crash on Maryland’s Interstate I-695 in late July was the result of a truck driver who fell asleep at the wheel. According to news reports, the accident was so severe that Maryland State Police had to shut down the entire inner loop during the morning commute. As a Baltimore trucking accident attorney and personal injury lawyer, I know that drowsy driving is one of the major causes of commercial truck crashes.

A semi tractor-trailer rig is a formidable piece of machinery when compared to even the largest sport utility vehicle or light truck. Passenger cars have little chance of escaping serious damage when hit by an 18-wheeler that is out of control. Even a fully loaded box truck can cause serious property damage and bodily injury if it hits another, smaller vehicle.

According to news accounts, 23-year-old Michael Angel Ocasio was driving a white 2006 GMC box truck along the beltway, a short distance south of the Baltimore National Pike. Authorities said the driver apparently fell asleep and ran into the back of a flat bed trailer around 6am in the morning.

Emergency crews from Baltimore County Fire and Emergency Services working at the crash scene had to extract the truck driver from the wreckage. Ocasio was treated and then transported to Maryland Shock Trauma where doctors provided medical care for the driver’s severe leg injuries.

The driver of the flat bed trailer was taken to Northwest Hospital with non-life threatening injuries. At the time of the article, Maryland State Police police were still investigating the accident.

Police believe I-695 accident this morning was caused by driver who fell asleep, ABC2news.com, July 20, 2010

There are many different causes of trucking-related traffic accidents. From poorly maintained or badly designed vehicle equipment, to poor road conditions and driver error, most highway tractor-trailer accidents are hardly ever that… accidents. As Maryland truck accident attorneys, my office knows what to look for when it comes to injuries caused by the negligence of a truck driver or trucking company.

One cause of commercial truck crashes that is frequently in the news is that of driver fatigue. Government regulation limit trucker to a maximum number of hours behind the wheel, which ideally means that the driver then gets sufficient rest before the next day’s driving shift. What the law can’t easily address is how well truckers sleep and whether or not they are fully rested as a result.

Enter the problem of sleep apnea. A common problem with the general public, this affliction can cause loss of concentration and has been known to result in motorists falling asleep at the wheel. But for the average office worker, sleep apnea is more likely to get him chewed out at work than cause him to crash his automobile into a family of five on the interstate.

Unfortunately for the driving public, sleep apnea in truck drivers is a serious and potentially deadly condition, especially since these individuals not only drive eight to 10 hours a day, but their “office” is a 25-ton 18-wheeler traveling at close to 70mph on the expressway.

Apparently the trucking industry is taking this problem seriously as well. According to a recent news report, a recent gathering in Baltimore — the Sleep Apnea & Trucking Conference — where industry leaders, medical sleep professionals, regulators and vendors came together to address sleep apnea in trucking.

It is acknowledged by the industry, in general, that sleep apnea among truckers is a public health concern and that drivers, who admittedly have an already difficult job, can also suffer from multiple health problems. One researcher, Dr. Martin R. Walker, pointed out to attendees that the prevalence of sleep apnea in commercial truck drivers may be greater than most people know — a 2002 study determined that nearly one-third of commercial drivers have mild to severe obstructive sleep apnea.

One interesting item that came out of the conference was a statement by a legal expert who said until that now sleep apnea has not been a “major player” in trucking accident litigation, however it will likely become part of the “legal landscape” sooner rather than later.

Sleep apnea problems discussed, eTrucker.com, May 13, 2010

As a Maryland Trucking Accident lawyer, I know the unfortunate correlation between sleep deprivation and driver negligence, especially as it pertains to professional truck drivers and the sometimes careless operation of 18-wheeled tractor-trailer rigs. While not every over-the-road trucker pushes the limits of physical stamina, a percentage of semi drivers have been known to put in too many hours behind the wheel without sufficient sleep.

The results of sleep-related trucking wrecks can be serious, as news reports often depict. According to a recent article, a tractor-trailer accident caused apparently by an over-tired driver blocked a portion of Interstate 81 near Hagerstown, MD on a Monday afternoon last month. The accident occurred south of Showalter Road where Maryland State Police say the truck driver fell asleep, causing the rig with its 48,000-pound load of paper rolls to drift off the northbound lanes of the interstate, ending up on its side.

This is not an uncommon happening here in Maryland and across the rest of the country. A poll conducted last year by the National Sleep Foundation (NSF) found that nearly 1.9 million drivers are involved in drowsy driving traffic accidents or near misses each and every year. Sadly, most drivers ignore the dangers that sleepiness can present when it comes to trucking and automobile accidents.

The NSF says that while drivers may quite good at recognizing when they are tired, this doesn’t always stop them from taking the wheel of a car or truck and hitting the road in a drowsy condition. Unfortunately, drivers many times can mistakenly believe that they can “will” themselves from falling asleep, which doesn’t necessarily work. And because a single moment of “reduced awareness” can cause a trucking accident, this kind of thinking can be very deadly.

In the case of the recent I-81 crash, the 76-year-old driver, Augustine Christian had reportedly been driving since 5am, according to state police on the scene. The driver’s tractor-trailer rig drove off the interstate just before 5pm and overturned on the right shoulder, state police said. Witnesses at the scene told police that tractor-trailer continued straight instead of following a curve in that stretch of roadway.

Fortunately, no one was seriously injured in the accident, which closed one of the northbound lanes for several hours as workers cleared the truck and trailer from the area. The trucker, who was charged with negligent driving, was taken to Washington County Hospital with non-life-threatening injuries.

Tractor-trailer accident blocks portion of I-81, Herald-Mail.com, May 17. 2010

Sometime ago, the Maryland truck accident attorneys at Lebowitz & Mzhen, LLC published a post concerning a government program that allowed foreign truck drivers access to American roads. The original program, included under the North American Free Trade Agreement (“NAFTA”), granted foreign truckers narrow access to the United States’ roadways. The Bush administration widened the program and allowed foreign drivers broader access to the roads throughout this country’s border states.

American truckers and their lobbyists unsuccessfully pressured the Bush administration to reduce the breadth of foreign trucker’s use of this country’s highways, claiming that the presence of foreign drivers on interior roadways put Americans at an increased risk of injuries from truck accidents. Now, American truckers could get their wish.

On Tuesday, the Senate passed a $410 billion dollar budget bill that included a provision that would end cross border trucking. The passage of this legislation may have addressed the concerns of American truckers, but the move has angered other NAFTA signatories who claim that this bill violates America’s treaty obligations and sends a dangerous economic signal.

Our attorneys will continue to track this story as it develops and as the bill heads to the White House for signature.

With Christmas and New Year’s just past, I spent a lot of time driving up and down Interstate 95, mostly along stretches of the highway that pass through the central and northern parts of Maryland, from Baltimore City up through and beyond Harford County. Not surprisingly, I encountered hundreds of tractor trailers along the way.

For a few miles, I followed one tractor trailer that was being driven in a somewhat erratic manner. I had time on my hand, and so I thought about why this driver may have been unable to drive in a completely straight fashion. Some obvious reasons came to me fast: the driver was drunk, or at least not completely sober; the driver was distracted by speaking on a cell phone; the truck operator was inexperienced.

Lastly, I thought about the one factor that is perhaps the most obvious, but often overlooked: driver fatigue. In 1990, The National Transportation Safety Board (NTSB) conducted a study to determine the cause of 182 heavy truck accidents that resulted in the death of the truck driver. Interestingly, the study’s primary purpose was to “assess the role of alcohol and drugs in the accidents.”

The study found, however, that the most commonly cited cause of the fatal truck accidents was fatigue. The NTSB concluded, “the 31-percent incidence of fatigue in fatal-to-the-truck driver accidents found in the 1990 study represents a valid estimate of the portion of fatal-to-the-driver heavy truck accidents that are fatigue-related.”

When Maryland truck accident attorneys represent victims and the victims’ families in truck accident cases, one of the first things we investigate is whether fatigue played a role in causing the collision.

Continue reading "Interstate 95: Truck Drivers and Driver Fatigue That Can Be Fatal" »