Trucking Accident Lawyer Blog

It’s certainly part of human nature to be suspicious of individuals and companies who repeatedly operate in a manner detrimental to the public good. Of course, circumstances must be considered, but it is common for many of the public to be all too willing to give accused persons or corporate entities benefit of the doubt before all the facts are in.

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.

Continue reading "Maryland Trucking Injury Accident News: Trucking Fleet Operator Guilty of Violations Avoids Penalties through Bankruptcy" »

For many people the law can sometimes be confusing, and many times frustrating, when they see the wheels of justice turning at what seems a glacial pace; occasionally it appears that legal decisions take a step backwards as well. Some of the more difficult legal decisions are made on issues so divisive that there seems to be no middle ground, yet the law can provide remedies for everyone from time to time.

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).

Continue reading "Maryland Trucking-accident Injury News: U.S. District Court Weighs Employee Rights against Public Safety" »

Trucking accidents around Maryland and throughout the nation in general take the lives of many thousands of innocent people every year. While most truckers are conscientious individuals, there are a few bad actors behind the wheels of these large, 18-wheeler commercial vehicles; essentially 25-ton missiles plying our roadways. Sadly, even the most diligent truck driver can be fooled into thinking that road conditions are not as bad as they really are.

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.

Continue reading "Maryland Trucking Injury News: Helping Increase Truckers’ Awareness of Dangerous Weather Conditions" »

As professionals operating massive and potentially dangerous motor vehicles on public roads, truckers and the commercial fleet operators that employ them have both a moral and legal responsibility to the driving public. The firms are required to maintain their trucks to federal standards and to operate them safely on the nation’s highways. Unfortunately, with so many commercial vehicles plying the roads, there are bound to be more than a few poor drivers and some less-than-scrupulous trucking firms.

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).

Continue reading "Baltimore Traffic Injury News: Maryland Commercial Trucking Company Ordered to Cease Operations following Fatal Traffic Collision" »

As professionals, commercial truck drivers are responsible for the safe operation of their rigs. However, this in no way should suggest that trucking-related traffic accidents cannot happen. In fact, tractor-trailers and commercial delivery trucks collide with passenger cars, SUVs, minivans and motorcycles with alarming frequency. The reasons are varied, but driver error usually tops the list of suspected causes of 18-wheeler wrecks.

As Maryland personal injury lawyers, I and my legal staff follow news articles and television reports regarding some of the more dangerous and deadly big rig road accidents. Aside from driver error, defective equipment can be a cause of some truck-car collisions. Due to the shear size and mass of a semi tractor-trailer, injuries and property damage resulting from a commercial truck wreck tend to be more severe and extensive than those encountered in passenger car or smaller motor vehicle traffic accidents.

As stated earlier, truck drivers are considered professional drivers and as such these individuals are required to obey specific federal and state commercial vehicle safety laws, including those specified by the Federal Motor Carrier Safety Regulations (FMCSR). As part of these regulations, there are a number of requirements that are supposed to limit or reduce instances of driver fatigue, which has proven to be a common cause of trucking-related accidents in the past.

When it comes the vehicles themselves, mechanical inspections mandated by state and federal law can also go a long way toward preventing a large number of traffic accidents involving trucks and other passenger vehicles. Because of their size, commercial vehicles typically have a large number of moving parts and carious safety components which need to work in concert to allow the driver to operate the vehicle safely on public roads.

Numerous cases of equipment failures that caused or contributed in part to serious or fatal trucking collisions have been litigated over the years. Under federal law, trucking operators are required to conduct pre- and post-trip vehicle inspections and also to record the results of those inspections in a log book for future reference. Should a trucker fail to adequately inspect every aspect of a commercial truck’s basic mechanical components for wear or defect, that driver may be guilty of negligence should one of those components fail and cause a serious or fatal roadway accident.

Continue reading "Baltimore Personal Injury Update: Points to Remember for Maryland Drivers Hurt in Commercial Truck Accidents" »

Whether it’s a Mack, International, Peterbilt or Freightliner, commercial trucks such as these large and heavy 18-wheel rigs can cause tragic accidents resulting in serious bodily injury and significant property damage. Most drivers already know, simply from the shear size of semi tractor-trailers, that these vehicles should be given a wide berth. Even so, hundreds of motor vehicle accidents happen every year in Maryland due to collisions between passenger cars and large trucks.

As Baltimore automobile accident attorneys and personal injury lawyers, I and my staff have an intimate knowledge of the carnage that an out-of-control big rig can cause to a smaller motor vehicles, such as sedans, SUVs, minivans and pickup trucks, and especially pedestrians, motorcycles and scooters. Serious traffic accidents that are caused by the negligent action of a truck driver can end up costing lives, or at the very least, the livelihoods of those persons who are critically injured as a result of the traffic accident.

Here in Baltimore, not to mention other busy urban centers throughout Maryland, car drivers and motorcyclists must exercise a great deal of caution when traveling near industrialized areas of the city. The large trucks that travel in and around these commercial zones can weigh as much at 80,000 pounds, including the trailer. That’s more mass than two dozen minivans all headed in the same direction.

It’s no surprise that even larger passenger vehicles, such as SUVs, limousines and pickup trucks are no match for a fully-loaded big rig. In the event of a crash between a loaded 18-wheeler and a family minivan, the semi would likely crush the passenger vehicle, injuring many of the occupants riding inside, or possibly killing some of them, if not all.

As a Maryland injury attorney representing victims of car, truck and motorcycle accidents, I have seen and heard gut-wrenching stories of motorists severely injured in tractor-trailer collisions, gasoline tanker accidents, and multi-vehicle trucking wrecks. Any individual who is caught in such a horrendous accident resulting from a truck driver’s possible negligent actions should speak with a qualified injury attorney to better understand their rights.

Statistics have shown that injuries resulting from trucking-related traffic accidents can be many times more serious and life-threatening than those sustained in car-to-car crashes. Some of the common types of bodily injury following a truck accident include neck and head trauma, spinal cord injuries, broken bones and other serious injures that can lead to permanent and many times painful disability.

Continue reading "Negligent Driving by Commercial Truckers Can Result in Injuries or Fatalities on Maryland Roadways and Interstates" »

The next time you’re out on the road, this story might make you think twice about following an 18-wheeler. While most people may associate fatal trucking-related traffic accidents with a smaller car, minivan or SUV being struck by a much larger and heavier semi tractor-trailer rig or commercial delivery truck, hundreds of people nationwide die every year as a result of passenger cars running into the rear of semi trailers.

As Baltimore auto accident attorneys and personal injury lawyers, we understand how severe these so-called under-ride accidents can be. And without the proper under-ride protection on the rear end of a long-haul trailer, the occupants in the passenger car can easily be decapitated during the collision. Fatal traffic crashes of this sort don’t necessarily have to be high-speed incidents either.

At the very least, cuts, bruises and broken bones are possible as a result of an under-ride collision. Worse still, neck and spinal injury can occur, as can traumatic brain injury. Depending on the circumstances, some individuals who survive this type of wreck can be paralyzed and require weeks or months of physical therapy to bring them back to something approaching a normal life.

Families of victims can end up suffering financially long after their loved one has been hurt or killed. This is especially true when the victim is a primary wage earning for the family. The news today indicates that the under-ride prevention methods and structures used on many tractor-trailers may prove inadequate when they are actually needed in a crash. Poorly designed parts or incorrectly installed components could result in a much more serious outcome for a drive hitting the back of a trailer.

According to the news, the Insurance Institute for Highway Safety (IIHS) conducted tests using a properly-fitted under-ride preventer on a semi trailer and found that federal standards for these rear under-ride guards should be made stricter. Based on video shown by various news outlets, it appears that the IIHS has a point.

In one of the IIHS videos, a Chevy Malibu impacts the rear of a tractor-trailer at 35mph. Even though the Malibu has a 5-star safety ranking from the National Highway Traffic Safety Administration (NHTSA) and the semi trailer is fitted with a conforming under-ride guard, the front seat passengers could likely have been killed as a result that crash. As the reporter states, hitting a brick wall would actually be safer.

Continue reading "Maryland Traffic Safety: Fatal Highway Accidents Caused by Ineffective Tractor-trailer Under-ride Guards" »

Recently there has been some more discussion about the so-called “sweatshop” workplace conditions that over-the-road truckers must endure as part of their job hauling goods and materials across the nation. Long hours and tight deadlines have been blamed for numerous accidents here in Maryland as well as other states.

As a Baltimore trucking accident attorney and personal injury lawyer, my work of this area of accident law exposes me to a myriad of horror stories ranging from minor truck-passenger car accidents to fatal semi tractor-trailer wrecks. In many cases, excessive speed is a major factor in the collision. Even if it didn’t cause the initial accident, high speed coupled with the huge size and mass of these large 18-wheelers makes most any traffic accident worse.

Occupants of passenger cars struck by such a massive vehicle can be left with serious and life-threatening injuries that can linger for years and ruin a person’s quality of life. The costs of medical treatment and rehabilitation following a tragic highway trucking accident can hobble families struggling to survive in this uncertain economy, placing stress on family members and fracturing the very fabric of a formerly happy home.

With all this in the balance, it would appear that getting parts, foodstuffs or toys to market should take a backseat to the health and safety of the innocent people riding next to these semi trucks. Yet every day more motorists are killed or injured as a result of truck driver fatigue, inattention or haste.

Such may have been the case in a crash that occurred not long ago on I-95. According to news reports, the accident happened just before noon when the driver of a tractor-trailer apparently lost control of his rig on the ramp from Interstate 95 to Rte 1. Based on police reports, the truck driven by 32-year-old Leon Buckley of Maryland hit the guardrail and overturned onto the southbound lanes of Rte 1.

State troopers arriving on the scene found the truck lying on its side. An investigation reportedly showed that Buckley was operating the 2006 Volvo tractor-trailer at an excessive speed when the vehicle hit the guardrail alongside the expressway ramp around 11:55am. Defective equipment was not mentioned in the news report, and the driver was apparently cited by police for traveling at an unsafe speed. No injuries were reported.

UPDATE: Crash near Christiana Mall cleared – Rt 1 open, WGMD.com, December 2, 2010

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" »

For most Maryland drivers, being safe on the road can means watching out for the other guy and making sure your car, truck or motorcycle is mechanically sound and well maintained. As a Baltimore auto accident lawyer and personal injury attorney, I understand the reasons why we all should give our personal vehicles the special attention they deserve in order to run right and keep us safe in case of an accident.

That said, everyone -- drivers and passengers alike -- must remember that the commercial vehicles in which we travel from time to time can be a major source of traffic injuries and potential fatalities. It goes without saying that we have little control over or knowledge of the quality of maintenance that these vehicle receive prior to riding in them.

According to the National Highway Traffic Safety Administration (NHTSA), those large-capacity passenger vans that we all see taking church members, school athletic teams and retirees to and from various events could be more dangerous than any of us imagine. Based on a combination of factors, these vehicles apparently have a higher than average propensity for rollover accidents than most other types of passenger cars.

In fact, the NHTSA has issued a number of warnings regarding large 15-passenger vans. The reason is that these vehicles, often operated by commercial transportation companies, do not have the handling capabilities that lower-slung passenger cars do. The driver of such a vehicle must understand the limitations of these vehicles, which means gaining the necessary experience through training and operating these large vans on a regular basis.

Because 15-passenger vans have a typically higher center of gravity, they are much more apt to roll over during an emergency maneuver at highway speeds. This deadly characteristic is made even worse if the van’s tires are under-inflated, someone has installed defective parts, or if the vehicle itself is loaded beyond its rated capacity.

The sad part of all this is that many of these vehicles also do not have full lap and shoulder belts for all passengers -- and many passengers simply choose not to use the safety belts that are there. As a result, any accident -- not the least of which a dangerous and potentially fatal rollover crash -- can have a tragic outcome for the occupants. The convenience of these vehicles makes them a quick choice for transporting groups of people, but there apparently remains a great risk to passengers especially if the proper safety precautions are not followed.

15-passenger vans, improperly inflated tires and no seat belts ~ a deadly combination, TheVindicator.com, December 15, 2010

Defective safety equipment on a commercial vehicle can easily lead to a serious accident down the road. Where trucks are concerned, any traffic accident can result in a serious injuries and even fatalities. Here in Maryland, heavy vehicle wrecks can and do occur with alarming frequency. As a Baltimore trucking accident lawyer and personal injury attorney, I know that poorly designed or incorrectly maintained vehicle systems -- such as brakes, steering and occupant protection components -- can be the cause of commercial motor vehicle accidents that result in head, neck and internal injuries as well as death.

Truck producers and commercial vehicle owners and driver must be aware of their responsibility to make certain that these massive vehicles are as safe as possible to protect the road-going public. If any system breaks on a truck the results can be fatal, not only for the people in nearby passenger cars, but also to the occupants of the commercial truck or bus.

Not long ago, police determined that the brakes on a Maryland tour bus were not working correctly and apparently caused two of the vehicle’s tires to blow out while traveling along the interstate at highway speeds. According to news reports, the failure of the motor coach’s braking system resulted an overheating condition, which caused a couple tires on that vehicle to blow out.

More than 40 tourists from Maryland were on that bus when it lost those two ties on Interstate 89 late on a Tuesday morning. The incident occurred on the southbound lanes and fortunately for the senior citizens traveling aboard, the driver was able to maintain control of the bus and bring it to a stop in the breakdown lane.

An inspection by the department of motor vehicles turned up a faulty valve that had allowed compressed air to flow to the vehicle’s six air brakes even though the driver was not using the brakes at the time. This condition caused the brakes to be applied and as a result heat up. Not only did the heat ultimately cause two of the tires to blow out, it damaged the brake linings, rotors ABS sensors.

As a result of the narrowly averted traffic accident, the company that owns the bus received a $156 traffic ticket for having defective brakes. The vehicle was towed and taken out of service. The owner said he expected to have the vehicle back on the road following a tire change.

Police: Faulty brakes caused bus tires to blow out on I-89, BurlingtonFreePress.com, September 14, 2010

The recent bus accident on Interstate 270 yesterday, which claimed the life of the driver and injured a number of passengers including many children, reminds us of the random nature of highway traffic accidents. In this instance, the commercial vehicle was a chartered bus carrying 11 people back home from a trip to Washington, D.C. As a Maryland trucking accident lawyers and personal injury attorneys, our thoughts go out to the families of the victims and we all wish the survivors a speedy recovery from their injuries.

Of course, the Interstate Commerce Commission long ago instituted safety regulations to help protect both motorists and the occupants of commercial vehicles from the numerous and potentially deadly consequences of poorly maintained and operated delivery trucks, interstate buses, and 18-wheelers traveling on public roads. It's no surprise that car accidents involving large commercial vehicles can lead to multiple fatailities.

For anyone interested, those regulations are found in the Code of Federal Regulations, which was established for the express purpose to "help reduce or prevent truck and bus accidents, fatalities and injuries.” [Refer to 49 CFR 383.1(a)]. In fact, by requiring drivers to maintain a single nationwide commercial motor vehicle driver's license the federal government was trying to keep unqualified and potentially dangerous individuals from driving commercial motor vehicles on our highways and byways.

Although authorities believe the vehicle was in good mechanical condition with no obvious signs of defective equipment, they still don't know the cause of that terrible crash on I-270 in Bethesda. Until a complete investigation is conducted there is no way to know if the accident was a result of driver error or due to other factors; with the recent onslaught of drenching rain, the weather itself cannot be ruled out as a contributing factor in this awful crash.

According to news reports, several adults and six children (aged 7 to 12 years old) were hospitalized following a crash that sent an out-of-state tour bus down a 50-foot embankment off of I-280 in Montgomery County. For an as yet undetermined reason the bus left the roadway, crashed through a safety guardrail and then rolled to the bottom, killing the driver, 66-year-old Joseph Clabaugh Jr.

Based on police reports, the accident occurred at around 4pm as the vehicle was heading home to Pennsylvania from the District. A Maryland State Police inspector working in the state's Commercial Vehicle Enforcement Division reportedly conducted a full mechanical inspection of the bus just after the crash and the bus was declared in good working order.

As of Thursday afternoon, four patients remained at Suburban Hospital in Bethesda in fair to good condition, according to police. All of the children had previously been released, some of the kids needed stitches and treatment for bruises from the crash.

Cause Of Bus Crash Remains A Mystery, WGAL.com, October 1, 2010

4 adults still hospitatized after bus crash, WashingtonPost.com, October 1, 2010

Drivers of smaller passenger vehicles, including pickup trucks and SUVs, are all threatened constantly by the presence of large commercial trucks which share the public roadways. The weight of these much more massive semi tractor-trailers, box trucks and other delivery vehicles can eclipse the average family car. For example, a fully loaded 18-wheeler can weigh upward of 80,000 pounds.

As Maryland trucking accident lawyers, I and my colleagues know that any traffic accident involving a semi can be a life-threatening event. Annually, hundreds of heavy vehicles, including Kenworth, Peterbilt and Freightliner big rigs, are involved in accidents across the country. A trucking accident, especially at highway speeds, can easily result in serious injury to the occupants of the smaller cars caught up in that particular collision; many of these wrecks can be fatal to the drivers and passengers in smaller cars, trucks and motorcycles.

It is an unfortunate fact of life that big rigs are more likely to be involved in serious multiple-vehicle collisions than SUVs, minivans or other passenger vehicles. Statistics bear this out that time after time injuries from trucking accidents are much more serious and very often fatal. Typical injuries to passenger car occupants can include spinal cord damage, traumatic brain damage, broken bones and other serious and possibly permanent bodily injuries.

Because heavy commercial vehicles are important to this country’s continued economic success, the volume and frequency of these oversize trucks on Maryland’s public roads will always be a significant factor in traffic accident, injuries and, sadly, fatalities. Busy urban areas also have their share of trucking accidents, whether on nearby expressway on- and off-ramps as well as surface streets leading to and from industrial parks.

From research performed over the years, we know that many trucking accidents could have been avoided. Although most trucking companies are responsible enough to ensure that their trucks and drivers are safe, some are not. Cargo overloading is more common than one would expect and can cause operational problems for the driver of these big rigs. In an accident situation, and overloaded truck takes longer to stop and can more easily lose control, depending on the road conditions.

It’s no uncommon that truck drivers themselves will occasionally take risks on the road. While most truckers observe traffic safety rules and regulations, some do not. Instances of exceeding the legal on-road driving time, just one example, can be a common factor in many a tragic accident. Drowsy driving on a truck driver’s part can frequently be found as a contributing factor. Other causes may include driving too fast for conditions, making unsafe passing maneuvers, and even intoxicated driving.

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

To some repair garages, dishonest trucking companies and thoughtless semi tractor-trailer drivers, saving some cash now is worth the risk of causing a serious traffic accident in the future. Cause and effect are not always considered by unscrupulous garage owners and the semi truck drivers that employ them. But the dangers are real and the results can be deadly in many cases.

As Baltimore trucking accident attorneys, our office helps the victims of 18-wheeler and commercial big-rig accidents. For those unfortunate families who have lost a loved one as a result of another person’s negligence, emotions can run very high especially when deception and outright fraud are involved.

This was apparently the situation in a case where the owner of a repair garage allegedly sold inspection stickers for a 1997 Kenworth semi with worn brakes that killed a motorist along the Schuylkill Expressway in 2009. New reports say that the garage owner, 62-year-old Joseph Jadczak pled guilty in 2009 to vehicular homicide and also to permitting the operation of a motor vehicle equipped with unsafe equipment.

An investigation of the tractor-trailer rig involved in that truck crash showed that each of the vehicle’s ten brakes were all severely worn. Despite this, and to the apparent astonishment of the investigators, the rig possessed all of its current and up-to-date inspection stickers. The scary part is that this truck was stopped by police in Maryland and three other states before the accident that claimed the life of 49-year-old David Schreffler on January 23, 2009, in Pennsylvania.

That accident, which occurred on I-76 resulted in the truck being unable to stop with a reported load of 74,000 pounds and then plowing into six cars including the deceased victim’s vehicle. Police reports show that the driver, 56-year-old Valerijs Belovs, had to use the truck’s emergency brake to slow the vehicle, but not enough to avoid the fatal crash.

According to reports, Belovs and the trucking company’s owner, Victor Kalinitchii, pleaded guilty last year to vehicular homicide. The driver was sentenced to time served (just over three months in prison) and was released following his April sentencing hearing. Kalinitchii, who reportedly ordered Belovs to drive cross-country in the truck knowing the brakes were defective, was sentenced to 11 1/2 to 23 months by Judge Thomas C. Branca that same day.

Garage owner petitions to withdraw guilty plea, TimesHerald.com, May 12, 2010

Apparently trucking accidents can occur anywhere, even when you’re family is supposedly safe at home. That’s what happened not long ago when the driver of a trash collection truck apparently lost control and slammed into the front of a South Baltimore home. As a Maryland personal injury lawyer, I have helped many people following the aftermath of semi collisions and tractor-trailer crashes on our highways and surface streets.

Although most truck-related crashes involve other vehicles, this particular accident caused massive damage to a family’s home. It is only by shear luck that no one was seriously injured in the incident. Accidents involving large commercial vehicles can range from minor abrasions, to deep cuts and bruises, contusions, neck and spinal damage, or traumatic brain injuries.

According to reports, the family who house was damaged did receive help from the city, who owns and operates the garbage truck that hit the structure. The city’s housing commissioner was told by the mayor to do “everything possible to help this family."

In response, the city reportedly moved the family into a hotel, which is in Towson and too far from work and school for the family, which doesn’t own a car. There is apparently no close bus line which the parents can use to get to work, and their five-year-old grandson can’t easily get to school, which is located back in their Southwest Baltimore neighborhood.

Still the damage to the home is estimated at $30,000, according to news reports. In fact the structure itself had been boarded up and at the time of the reports was condemned. Based on initial reports, the garbage truck peeled away the front brick and the actual front of the home is mostly gone. The house has been boarded up and condemned.

Only time will tell if this family gets their home back in its original condition and can resume their lives with as little upset as they already have experienced.

City Helps Family After Home Hit By Trash Truck Reporting, WJZ.com, March 3, 2010

After a rough winter such as Maryland and the East Coast has recently experienced it is easy to say that weather is unpredictable and that drivers can be caught off guard with little recourse to prevent an accident. While trucking accidents can and do happen every week on the highways and surface streets in and near cities such as Annapolis, Frederick, Rockville and D.C. the weather is just one factor.

As Maryland trucking accident attorneys, my office understands how severe a tractor-trailer, delivery truck or commercial carrier accident can be. Many times, persons injured as a result of a truck driver’s negligence must pursue legal means to recover damages, such as medical costs, lost wages and other accident-related expenses. Of course, fatal auto accidents are the worst-case scenario for a truck-related wreck, which unfortunately no amount of compensation can make up for the tragic loss of life.

A recent editorial in the Baltimore Sun brought up the point that truck drivers should be held responsible for situations involving tractor-trailer jack-knifing. While there are many who would argue that weather conditions themselves make a jack-knife accident less avoidable, it is not unreasonable to expect that all drivers are responsible for operating their vehicles within its physical limits based on weather and road surface conditions, such as snow and ice.

The author of this editorial piece suggests that tractor-trailer drivers who cannot control their rigs on Maryland highways should be labeled as “Public Enemy No. 1.” This came out of the suggestion that some truckers are not competent to operate commercial trucks in winter weather conditions.

As the author suggests, if a truck driver is capable and responsible he or she should be able drive their rig at a speed appropriate for conditions and avoid a jack-knifing accident.

As motorists, we all must trust the abilities of these big-rig operators. But many of us have also seen the carnage created by those all-to-frequent trucking accidents in which a smaller passenger car gets hit or forced of the road by a larger and more threatening 18-wheeler.

There is no doubt that some accidents occur as a result of another person’s negligence, in which case the police investigation is crucial in determining cause and fault. Regardless of how the accident happens, if the truck driver is at fault the victim and his or her family deserve to be compensated for injuries and other losses from that crash -- all the more reason to consult a trucking accident attorney to understand your options.

Truckers have choice words about jackknife cause, BaltimoreSun.com, February 15, 2010

Trucking safety requires a combination of professional driving and well-maintained equipment. While the majority of tractor-trailer rigs are serviced correctly and driven by responsible individuals, many are not. Sometimes a mechanical failure can cause a big rig to go out of control, which is one of the most dangerous traffic situations, especially along mountain roads.

As Maryland truck accident lawyers, my office represents motorists and bystanders who have been injured as a result of a semi-trailer collision. Fatal injuries are not uncommon in truck-related wrecks

A recent news article pointed up the quick thinking that truck drivers need to have to avoid fatal results. According to reports, a Virginia driver turned a potentially deadly situation on that state’s Route 135 into a happy ending. The incident occurred at Backbone Mountain after the man’s rig lost the use of its brakes as well as its transmission.

Bonzell Garland, 32, had apparently left Mountain Lake Park in his 1997 Kenworth tractor pulling a 2006 Cherokee trailer loaded with conveyor belt equipment. The rig, which is owned by Legacy Express Inc., in Richmond, was traveling down a steep nine-percent descent on Route 135 at around 12:30pm with 78,000 pounds of truck and machinery. Garland wad headed from Garrett County to Interstate 68 and eventually to his destination in Norfolk.

According to news articles, that steep stretch of Route 135 runs for about four miles from Swanton to Bloomington. Police reports indicate that the truck’s brakes and transmission failed along the decline, during which event the driver saw the lights flashing on the advance sign that signals an upcoming escape ramp, which he decided to utilize.

Reportedly, Garland told police that his transmission and brakes failed as he was traveling 45 to 50 mph when he ditched the rig into the escape ramp. Police investigators estimated that the rig was traveling close to 65mph when it hit the runaway ramp where a 3-foot deep mixture of sand and pea gravel finally brought the tractor-trailer to a halt -- more than 550 feet into the 1,800-foot runaway ramp.

According to the article, Backbone Mountain has been the scene of numerous fatal accidents over the last 30 years involving big rigs that failed to stop before slamming into the rocky embankment at the base of the mountain. Twenty or more crosses commemorating drivers who have died there are painted on the rocky hillside where Route 135 flattens out and abruptly makes a 90-degree turn past the NewPage paper mill.

Driver saved by escape ramp, Times-News.com, November 10, 2009

News out of Baltimore, Maryland, shows great support from the Teamsters Union for new trucking rules regarding the transportation of flammable liquids, specifically the regulations that would ban these liquids from being carried in the relatively vulnerable transfer lines on tanker trucks. This new Congressional legislation would most likely increase the safety of innocent drivers and pedestrians who may be killed or injured in tanker truck-related accidents in the future.

According to news reports, the Teamsters announced that they will support a new law banning the transport of flammable liquids in tank truck loading lines. According to the union, approximately 30 to 50 gallons of flammable liquid, such as gasoline or heating oil, can typically be held in the mostly unprotected loading lines beneath most tanker trucks.

The report quoted a National Transportation Safety Board (NTSB) report that described a recent highway accident in New Jersey involving a tanker truck in which the driver of a smaller vehicle was killed. In that crash, the NTSB concluded, the ensuing fire probably wouldn't have occurred if the loading lines had been empty. According to reports, there have been 184 accidents over the past 10 years in which loading lines were damaged or ruptured.

An accident involving a tank truck loaded with gasoline, diesel fuel or heating oil, can cause severe burn injuries to the truck driver, occupants of other vehicles, and even pedestrians. Frequently, injuries such as third-degree burns can result in death.

According to news reports, the Teamsters director of Safety and Health, LaMont Byrd, said the requirement would be worth the cost -- $2,000 to $4,000 on vehicles worth $80,000 to $100,000 -- for equipment to purge the loading lines, known as "wet lines."

"It is clear that these wet lines present a real danger when tank haul trucks are involved in accidents to not only the traveling public, but to the drivers of these vehicles," Byrd said.

Teamsters Support Comprehensive Hazmat Regulation, PRNewswire.com, November 16, 2009

A recent study had some interesting findings about tractor-trailer operators, traffic accidents and cell phone texting habits. Because our firm, Lebowitz-Mzhen, LLC handles a large number of trucking accident injury cases, we were not surprised to learn that the chance for truck drivers to be involved in a highway collision is directly proportional to whether they are texting on their cell phone while operating a big rig.

According to the report, on released from a new study this week report that texting while driving increases the chance that a truck driver will be involved in a traffic accident or near-accident by 23 times. Researches from Virginia Tech’s Transportation Institute looked at commercial trucking information from two studies -- one in 2003 and the other in 2007. More than two hundred truck drivers who drove over three million miles took part in the study. The institute looked at 4,452 events considered “safety-critical,” including 197 near accidents and 21 truck crashes.

Video cameras were used to record event in the cabs of the trucks during the study. Those cameras shot footage of truck drivers’ facial reactions in the final seconds right before a near miss truck crash or an actual truck accident. The footage showed that the main reason texting while driving is so dangerous for truck drivers is that they have to take their eyes off the road.

A representative for the institute’s Center for Truck and Bus Safety, Rich Hanowski, said that taking one’s eyes off the road when driving for more than two seconds constitutes a dangerous situation. Yet in the last six seconds just prior to these truck accidents and near collisions, a number of the truckers spent an average of 4.6 seconds with their eyes on their communication device rather than the road. In that length of time, a truck moving at 55mph will have traveled more than the length of a football field.

Hanowski reminded that texting while driving isn’t just a dangerous pastime for truck drivers, it’s a risky behavior for any driver, including passenger cars, SUVs, pickup trucks and minivans. While Maryland law will make it illegal for motorists to text while driving starting in October 2009, legislation this isn’t always enough to get drivers to stop texting while driving. Yet the consequences can be catastrophic, such as when a large tractor-trailer ends up slamming into a small passenger car because a trucker was busy checking messages.

Texting and Driving Don't Mix, WashingtonPost.com, July 29, 2009