Maryland Trucking Accident Lawyer Blog

Filing a Wrongful Death Claim After a Maryland Truck Accident

October 14, 2020 | Lebowitz & Mzhen

In the tragic event of the loss of a loved one, a wrongful death claim may allow family members to recover compensation based on their loved one’s wrongful death. Maryland’s Wrongful Death Act (the Act) allows a parent, spouse, or child (or others in some circumstances) to recover based on the deceased’s wrongful death. There are some limitations depending on the circumstances of the deceased’s death. Spouses, parents, and children are considered primary plaintiffs under the Act. In addition, if the deceased had no spouse, parent, or child who qualifies under the wrongful death act, any person who is related to the deceased by blood or by marriage who was substantially dependent upon the deceased may file a wrongful death claim. These plaintiffs are considered secondary plaintiff, meaning that they can only recover if no primary plaintiff exists.

A wrongful death claim is based on a wrongful act that would have allowed the deceased to recover if he were still alive. This type of claim is meant to compensate close family members who wrongfully lost their loved one. Successful claims allow claimants to recover compensation for damages relating to the claimant’s suffering, including mental anguish, loss of companionship, loss of guidance and education, emotional pain and suffering, and loss of parental, marital, or filial care. A wrongful death claim normally must be filed within three years of the death of the deceased. In the case of an occupational disease, the claim must be filed within ten years of the deceased’s death or within three years of the date when the cause of death was discovered, whichever comes first.

Claimants also often have to defend the actions of the deceased leading up to their death. A defendant will often argue that the deceased was partially at fault for their death. If a defendant is successful in doing so, a claimant can be barred from recovering compensation if the deceased is found to have been partially at fault for their death.

Maryland Truck Drivers Need to Be Aware of Height and Size of Their Vehicles

October 6, 2020 | Lebowitz & Mzhen

A recent tragic truck accident illustrates the importance of Maryland truck drivers being aware of their surroundings along with the height and size of their vehicle. Not being so can lead to horrible and even fatal truck accidents. Trucks are, to state the obvious, larger than cars, and their size can make them very dangerous. For example, a truck driver not realizing their truck’s size may cause an accident when they merge onto the highway or when they pass under roadway signs or overpasses. This is exactly what happened last month in a truck accident that claimed one man’s life.

According to a local news report covering the incident, the driver of a dump truck was traveling west on an interstate with its bed raised when it struck an overhead sign at an exit. The impact caused the sign to fall, and it landed on a 2019 Ford F-150, driven by a 62-year-old man. Tragically, the 62-year-old man died as a result of the accident.

While it is unlikely that the dump truck driver intentionally hit the overhead sign trying to kill the driver in the Ford behind him, that does not mean the truck driver can’t be held responsible. While criminal charges have not been filed against the driver, this case may still lead to civil charges. Specifically, the deceased victim’s family may decide to bring a wrongful death suit against the dump truck driver, an avenue available to many Maryland residents who lost a loved one in a truck accident.

Maryland Truck Accidents Often Injure Multiple Parties—Even if They Don’t Immediately Realize the Extent of Their Injuries

September 28, 2020 | Lebowitz & Mzhen

When someone drives carelessly, ignoring traffic laws, or running through red lights, they most likely know that they are being risky and that there is a risk of getting into a car or truck accident. Tragically, careless driving causes fatal Maryland car and truck accidents all the time. However, these accidents affect far more than just the at-fault driver, especially when large commercial trucks are involved. Oftentimes, Maryland truck accidents involve several vehicles because one vehicle crashing into another can set off a chain reaction.

For an example of a recent multi-vehicle crash, take a recent accident from late September. According to a local news report covering the incident, the crash occurred around 11:30 in the morning. An 80-year-old man driving on the highway attempted a left turn when a dump truck hit his van from behind, pushing it into oncoming traffic. The van then collided head-first with another truck, and then was pushed partially into another lane of traffic, where a motor home hit it. Tragically, the 80-year-old van driver was killed, pronounced dead at the scene by responding officials. The drivers of the other vehicles were reported to have minor injuries. As a result of the accident, the highway was closed for two hours.

This crash, which involved four vehicles, is a tragic example of how dangerous one incorrect driving maneuver can turn out to be. While the accident is still under investigation and it is unclear exactly who was at fault, it is important for Maryland residents to remember that if they are injured in an accident such as this one, they may have a claim against whoever was responsible.

Filing a Maryland Truck Accident Claim Under the Federal Tort Claims Act

September 21, 2020 | Lebowitz & Mzhen

The Federal Tort Claims Act (FTCA) allows private individuals to file suit against the federal government and its agencies for certain torts committed by persons acting on behalf of the United States. However, the FTCA provides only a limited right and exempts certain claims. For example, the FTCA exempts a number of intentional torts as well as claims based on the performance or failure to perform a “discretionary function or duty.” This means that if a Maryland truck accident case involving a federal employee or entity is based on a discretionary function or duty (the discretionary-function exception), the case will be dismissed.

Whether a claim is based on a discretionary function or duty is the subject of much litigation. Courts have held that the conduct cannot be considered discretionary if there is a directive that an employee has no choice but to follow. If the conduct does involve an element of discretion, courts must also consider whether the discretion is actually or potentially affected by legitimate policy-related decisions. If the conduct is discretionary and is affected by legitimate policy-related decisions, the exception applies, and the government is immune from suit. If the federal government claims that it is immune from suit under the FTCA, the government has the burden to prove that an exception applies.

In a recent FTCA claim before a federal appeals court, the court considered a truck accident case involving an individual who was delivering mail for the U.S. Postal Service. In that case, the individual working for a contractor that was delivering mail for the Postal Service rear-ended a school bus, leaving two students severely injured. The plaintiff sued the Postal Service under the Federal Tort Claims Act, alleging that it was negligent for failing to inspect the contractor’s vehicles. The Postal Service argued that the case should be dismissed under the discretionary function exception.

What to Do After a Maryland Public Transportation Bus Accident

September 15, 2020 | Lebowitz & Mzhen

Although public transportation is generally safe, accidents do occur. They can occur on buses, trains, and other forms of transportation. The Maryland Transit Administration (MTA) is the 13th largest public rapid transit system in the country, with buses, trains, and metro service. In the event of a Maryland public transportation accident, there are generally multiple people involved and often multiple responsible parties. In the case of public transportation, such as a city bus or train, injured victims may also run into the issue of immunity. Cities often have immunity from lawsuits unless the legal claim meets an exception. In addition, in cases involving cities, parties may have to act fast and file a notice of the claim to the appropriate authority within a certain period of time. Needless to say, Maryland public transit accident cases can be exceedingly complex.

If you have been injured in a Maryland public transportation accident, the first thing is to seek medical attention if you are injured. Injuries may also manifest after some time so it is good to get evaluated by a doctor after an accident even if you feel fine. Once you are safe and able to do so, if possible, it is important to document the scene, as well as your injuries and property damages. It is also important to get the names and contact information of involved parties as well as witnesses at the scene who may be able to testify in support of your case. Getting insurance and policy information from involved parties is also a good idea. You may need to file a claim with the insurance company before you can file in court.

Public Bus Accident Leaves Many Injured

What is the Government’s Liability for Maryland Crashes Occurring at Intersections Known to Be Dangerous?

September 8, 2020 | Lebowitz & Mzhen

Generally, after someone is injured in a Maryland truck accident, they will first look to hold the other drivers involved in the accident responsible. However, in accidents involving a single vehicle or even in crashes involving multiple vehicles, state or local governments may also have some liability based on their responsibility to maintain the roadway, particularly in cases involving intersections or other conditions in the roadway that are known to be dangerous.

State and local governments are responsible for keeping roads in a reasonably safe condition for everyone traveling on the road. In a case based on a dangerous condition on a roadway, the plaintiff generally must show that there was a dangerous condition that existed, that the government knew or should have known about the dangerous condition, that the government knew about the condition for long enough to address the condition or warn the plaintiff, that the government had a duty to act, and that the government’s failure to act caused the plaintiff’s injuries.

In some cases, a government may be immune from liability depending on the circumstances of the case. However, in Maryland, state and local governments generally can be held responsible if there is a dangerous condition on the roadway and if they had actual or constructive notice of the dangerous condition and failed to properly address it. In these circumstances, injured persons normally can file suit against the government for its failure to maintain roads in a reasonably safe condition.

Maryland Residents Injured While Riding Buses, Trucks, or Trains May Be Entitled to a Remedy

August 27, 2020 | Lebowitz & Mzhen

Public transportation is becoming more and more popular for Maryland residents. Buses and trains offer many benefits—they are cost-efficient, environmentally friendly, and lessen the stress some may feel navigating Maryland highways. These forms of transportation are typically safe for passengers, but like any means of transportation, there are risks involved, and these vehicles do occasionally get involved in Maryland traffic accidents. Some passengers may find themselves injured after riding on a bus or train and may be wondering if there is any path to recovery.

For instance, take a recent accident from mid-August. According to a local news report covering the incident, a man in his early 60s was exiting the back of the bus when the door closed on his arm. As a result of his arm being stuck in the door, he fell to the ground, suffering a hip injury. Fortunately, the injury was not life-threatening, but hip injuries can be quite costly, painful, and inconvenient at that stage of life.

Following incidents such as this one, it is important for Maryland residents to know that they may have a path to recovery. Maryland state law was developed to provide those injured by someone else’s negligence, carelessness, or mistakes the option to file a personal injury lawsuit. Typically, these lawsuits must prove four things: 1.) the defendant owed a duty of care to the plaintiff, 2.) the defendant breached that duty of care through a specific act or an omission, 3.) the defendant’s breach caused the injury or incident, and 4.) the plaintiff suffered real harm as a result.

Proving Liability Following a Maryland Mail Truck Accident

August 19, 2020 | Lebowitz & Mzhen

Maryland truck accidents involving mail carriers and mail trucks can raise many unique challenges, and injury victims must understand how the law may impact their personal injury lawsuit. These accidents are inherently different from those involving private delivery carriers, such as Fed-Ex, UPS, and Amazon. The difference lies in the fact that mail carriers are generally federal government employees. Therefore, these cases involve different legal standards, notice requirements, and eligible damages.

Despite the complex and daunting legal process, individuals can sue the U.S. Postal service if they cause an accident. These cases can stem from typical car accidents involving a neighborhood mail delivery vehicle or a larger mail truck from a distribution center. In some cases, the government may not own the mail delivery vehicle because they sub-contracted it from an independent entity. However, when this occurs, the federal government may still retain some portion of the liability.

Claims against the federal government, such as a mail carrier, involve the Federal Tort Claims Act (FTCA), which requires plaintiffs to abide by strict procedures and regulations. Under the FTCA, an injury victim pursuing a claim against a federal employee must meet the FTCA’s requirements, unless the driver was a sub-contractor These claims must conform with the law of the state where the act took place, and the negligent conduct must have occurred while the defendant was acting within the scope of their employment. If the negligent party were a sub-contractor, the accident victim would likely pursue a typical personal injury lawsuit.

What to Do When Maryland Residents Get Injured in a Bus or Truck Accident on Vacation

August 13, 2020 | Lebowitz & Mzhen

Summer is a popular time for people to get out of the state and take a vacation, either on their own or with their families. While vacations are meant to be relaxing and idyllic, it is important to remember that they, unfortunately, are not immune from the hazards of everyday life, including Maryland bus and truck accidents. Many vacationers will find themselves on a bus to get to their final destination, or as part of a tourist activity. However, a recent bus accident is a sobering reminder that accidents can happen, even during vacations.

The New York Times reported on the recent tragic accident, which took place in the Rocky Mountains in Alberta, Canada, just last month. A tour bus in Jasper National Park was specifically designed to carry visitors onto one of the continent’s largest glaciers. The bus was equipped with oversized tires for driving on ice and was climbing a rocky, steep road up to the Columbia Icefields when it rolled and plunged down an embankment. Emergency workers responded quickly, using helicopters and air and road ambulances to transfer the injured. In all, 27 people were on board, and 3 were tragically killed. In addition, 14 people were taken to nearby hospitals in critical, life-threatening condition, meaning there may, unfortunately, be more deaths resulting from this tragedy.

Those injured, and the family members of those who were tragically killed, may be able to file a personal injury lawsuit against the tour bus driver, or the vehicle manufacturer, or even the state park. Personal injury lawsuits can be incredibly complicated to pursue, even in the most straightforward of circumstances, and they become even more complicated in situations such as this one. For example, it is not clear what caused the accident, or whose fault it was. Additionally, it is common for agencies and organizations serving tourists to ask them to sign liability waivers. It could very well be that every visitor to the park, or at least those who get on the glacier tour bus, signed a waiver agreeing to waive all liability for any incidents that occurred. Sometimes these waivers are not enforceable, but it is difficult to know that ahead of time. Additionally, even if an individual does have the ability to file a suit, questions can arise about where to file suit—the plaintiff’s home state or where the accident took place? Because there are so many factors that go into these personal injury lawsuits, and because they can be incredibly confusing, Maryland plaintiffs who are injured whilst on vacation should contact a dedicated personal injury lawyer right away who can help them through the process.

Recovering in the Aftermath of a Preventable and Fatal Maryland Truck Accident

August 5, 2020 | Lebowitz & Mzhen

There is nothing more tragic than losing a loved one in a Maryland truck accident, especially when the accident was completely preventable. While many people are able to drive around the state each day without getting injured, every so often someone will make a careless mistake, leading to a tragic, and potentially fatal, accident. These accidents are a sobering reminder that one mistake or careless decision can literally change an entire life and cause immense pain and suffering.

Recently, a truck driver ran a red light one Saturday morning and hit a car. According to a local news report covering the tragic accident, the impact of the crash caused a tractor that was on the truck to fall off and onto the car. Tragically, a 10-year-old girl riding in the car with her mother was hit by the crane of the tractor and killed. Her mother was also injured, and was rushed to the hospital, but is expected to survive. The 60-year-old driver of the truck was not hurt.

This accident is a prime example of a collision that could lead to a Maryland wrongful death lawsuit. Wrongful death lawsuits can be brought when someone is killed due to someone else’s negligence, typically by the victim’s family or estate. In this case, the girl’s mother, for example, may be able to sue the truck driver for negligence.