Maryland Trucking Accident Lawyer Blog

Getting the Compensation You Deserve Following a Maryland Wrongful Death Accident

November 30, 2021 | Lebowitz & Mzhen

Auto accidents, especially those involving trucks, often have severe consequences such as significant physical injury or even death. When truck drivers are also careless while operating their vehicles, it can mean even greater consequences for those they share the road with.

According to a recent news report, the family of a woman killed in a truck crash was awarded $730 million following a successful wrongful death lawsuit. The deceased was killed in a car crash when a truck hauling a propeller for a U.S. Navy submarine collided with her vehicle. The jury awarded the family $480 million, along with another $250 million in punitive damages. The $730 million total verdict made this wrongful death suit the largest single fatality case in the history of the United States. According to an attorney on the case, the jury felt especially compelled to award such a significant amount in compensation because of the level of severity of the conduct and negligence involved in the case.

In Maryland, similar wrongful death lawsuits are available to potential plaintiffs who are bringing claims on behalf of an individual who died as a result of another party’s accidental or intentional actions. Similar to regular personal injury claims, wrongful death lawsuits may be brought based on another party’s negligence or intentional conduct.

Understanding Insurance Claims Following a Maryland Truck Accident

November 24, 2021 | Lebowitz & Mzhen

Auto accidents involving trucks can often be devastating because trucks are typically larger and outweigh most other vehicles on the road. Because of their size and the long hours truck drivers usually clock when driving long distances, negligent or reckless behavior by truck drivers can often have significant consequences for the vehicles that share the road with them.

According to a recent news report, a paramedic driving an ambulance was killed after an accident involving a truck. Local authorities reported that the accident took place when the truck was backing up across two lanes of traffic on a major highway and the ambulance was traveling in the opposite direction from oncoming traffic. The paramedic driving the ambulance was killed in the crash, while the passenger of the ambulance was transported to a local hospital in stable condition. The driver of the trailer truck was not injured, and the driver was issued a citation for “violation of backing without safety.”

Following a major accident involving a truck, you and your loved ones may feel at a loss for what to do next—especially if there was significant property damage or injuries. If you were injured or someone you love was killed in an accident involving a truck, you may have grounds to file a personal injury lawsuit.

Understanding Maryland Truck Accident Claims

November 19, 2021 | Lebowitz & Mzhen

Although drivers share the road with vehicles of all shapes and sizes, trucks are typically the biggest vehicles out there. Because of their size and weight, many drivers tend to avoid them on busy roadways—and for good reason. Sometimes, however, even the most proactive driver may run into an issue with a truck if the truck driver is acting negligently or is not paying attention to the road. Since accidents involving trucks are more likely to have significant consequences than regular motor vehicle collisions, the impacts of such crashes can often be devastating.

According to a recent news report, a five-vehicle crash involving a truck left two people dead. Local authorities stated that the collision took place when a dump truck slammed into several vehicles that were stalled because a vehicle ahead of them had mechanical issues. The pileup resulted in one of the drivers being pronounced dead at the scene, and another driver being transferred to a local hospital, who later died from their injuries. Police have identified individuals involved in the crash, gathered detailed accounts, and will be continuing the investigation. For now, it is unclear if criminal charges will be filed.

Following a major accident involving a truck, it is best to get your insurance claim filed as soon as possible. Some truck accident disputes, however, are unable to be resolved through the insurance process, and parties may consider going to court instead. Should you choose to file a personal injury lawsuit to recover compensation for your injuries or property damage after a truck accident, it is crucial that you have a basic understanding of the requirements that courts expect of potential plaintiffs.

Understanding the Dangers of Maryland Truck Accidents

November 11, 2021 | Lebowitz & Mzhen

Maryland auto accidents can often vary in severity and type—and there are certainly some accidents that are more dangerous than others. Accidents involving trucks, for example, can often be more dangerous than accidents involving two passenger vehicles, depending on how the accident took place. Understanding the additional risks trucks pose for drivers can be important for both protecting yourself proactively on the road, but also others.

According to a recent news report, three children were transported to a local hospital for treatment after a major crash involving a dump truck and an SUV. Police and investigators reported that the dump truck driver was headed south when it dropped off the right side of the highway. When the driver made it back onto the highway, it crossed the center line and crashed into an SUV heading in the opposite direction. The dump truck then overturned onto the driver’s side, with the vehicle blocking the roadway. The driver of the dump truck and three children who were in the SUV were taken to the hospital, and the accident remains under investigation.

Truck accidents like the one described above can often be more devastating and dangerous than crashes involving passenger vehicles only. But what is it exactly that makes accidents associated with trucks more dangerous than other types of collisions?

Fatal Maryland Collision Leaves One Injured, One Dead

October 31, 2021 | Lebowitz & Mzhen

Often, we are reminded that life teaches us to expect the unexpected—and nothing can be a more painful reminder of that than an unexpected car accident that results in injury, property damage, or in extreme cases, death. Although no one ever plans for or is able to be fully prepared when these incidents take place, understanding what potential next steps are available for you or for someone you know or love when they run into these accidents can make a huge difference in your road to recovery and compensation.

According to a recent local news report, a tractor-trailer accident resulted in one individual injured and another dead. Troopers responded to a report of a four-vehicle crash, where a tractor-trailer collided with a Dodge caravan, which pushed it off the road and into the jersey wall. The tractor-trailer then crashed into a Hyundai and sideswiped a Toyota. The driver of the Dodge was transported to a local hospital for treatment, where she later died. In addition, the driver of the Hyundai was also transported to a hospital for treatment of her injuries. The accident remains under investigation by local authorities.

Following a significant accident, you may be considering filing a lawsuit for monetary and compensatory damages, especially if significant injury or property damage was involved. In Maryland, time is of the essence when choosing to move forward with a legal claim. Maryland adheres to a three-year statute of limitations, which means that if your case is not filed before the three-year window closes, it is likely the court will refuse to hear your lawsuit. For claims involving a Maryland government agency, the statute of limitations is one year for a formal claim, and three years for a formal lawsuit.

Maryland Commercial Truck Accidents Continue to Be a Major Threat to Motorists

October 24, 2021 | Lebowitz & Mzhen

Sometimes, no matter how diligent we are on the road, things beyond our control may take place and result in devastating consequences. Despite being a careful, proactive, and alert driver, it is often impossible to control the actions of others. Factors outside of our control that may cause an accident are often exacerbated when the accident involves a large commercial vehicle or truck. Thus, Maryland drivers should understand the distinctions between accidents involving commercial trucks and regular trucks or SUVs before proceeding with their legal claims.

According to a recent news report, a commercial truck driver is facing 41 charges following a major truck accident that left four dead and ten others injured. The truck driver, during his first solo trip, was driving through the mountains on his own despite having little experience navigating the terrain. While on the road, the truck driver realized his brakes had given out. Despite doing his best to remain on the shoulder and out of traffic, he crashed into a large trailer, which he hoped would slow down the trajectory of his truck after the crash. Upon impact, the truck driver lost control and four people died instantly.

During the trial, the prosecution argued that the truck driver had multiple chances to prevent the accident and did not take them. In response, the defense argued that the truck driver was simply at the mercy of mechanical failures of the truck, and lost control without any good options. In addition, the defense reiterated the preventative steps the truck driver took, such as calling his boss, roughly 40 minutes before the crash, to ask for advice on how to proceed moving forward since his brakes were faulty. The outcome of the case will ultimately fall into the hands of the jury.

What to Do After a Maryland Hit-and-Run Truck Accident

October 17, 2021 | Lebowitz & Mzhen

Maryland drivers are required to call 911 whenever a driver is involved in a Maryland truck accident or any type of automobile accident. Under Maryland’s Transportation Code, a driver who is involved in an accident that results in another person being injured must immediately pull over as close as possible to the scene of the crash and remain at the scene until medical assistance is arranged and information is exchanged. A driver must reasonably assist anyone who is injured and arrange transportation for medical treatment, provide their name, address, and the registration number of the vehicle, and provide their license if requested. Any driver who fails to do stop and stay at the scene is subject to fines up to $10,000 and up to 10 years in jail. However, despite strict laws, hit-and-run accidents still occur.

Victims of Maryland hit-and-run accidents should take down any information about the vehicle and the driver that fled the scene, including a description of the vehicle and the driver and license plate number or other information. Victims should also call 911 and report the accident to law enforcement. Victims should also seek medical assistance if it is needed. If law enforcement is able to track down the hit-and-run driver, a victim may be able to file a lawsuit against the negligent driver and recover financial compensation. Proof that the driver fled the scene may be useful evidence in a civil lawsuit. Even if the driver is not found, victims may be able to recover compensation by filing an insurance claim under their uninsured and underinsured motorist coverage, which are required in Maryland. Victims may be able to recover compensation for property damages, medical expenses, lost wages, mental suffering, and more.

Woman Killed in Maryland Hit-And-Run Truck Accident

Filing a Maryland Lawsuit After the Death of a Family Member in a Maryland Truck Accident

October 11, 2021 | Lebowitz & Mzhen

The death of a family member after a Maryland truck accident is a terrible tragedy and the aftermath can be overwhelming. Nothing can replace a family member, but Maryland law allows certain family members to see financial compensation if any person or entity was at fault. A Maryland wrongful death claim may be filed by a spouse, a parent, or a child of the accident victim. In a case where the victim has no living spouse, parents, or children, another person may file a wrongful death claim if they were substantially dependent upon the victim and are related by blood or marriage. This claim allows qualifying family members to recover financial compensation for the losses that they suffered and to hold wrongful people and entities responsible for the victim’s death. Only one Maryland wrongful death claim may be filed based on a victim’s death.

Qualifying family members can recover compensation for expenses including financial losses due to the victim’s death, as well as for the emotional toll, including mental anguish and the loss of companionship. Generally, a wrongful death claim in Maryland must be filed within three years of the victim’s death. A wrongful death case also holds negligent drivers accountable for their actions, which can make the roads a safer place by discouraging dangerous driving behavior.

Bus Driver Drove Wildly to Quiet Teens Before Fatal Crash

According to one news source, a bus driver’s dangerous driving led to a fatal bus rash. The bus driver was apparently trying to keep teen passengers quiet by driving wildly, according to a passenger. The bus was transporting a group of teenagers from a youth group back from a field trip. According to a counselor, the driver was angry that the kids were making a lot of noise and was driving erratically to try to get them to be quiet.

Liability of an Employer After a Maryland Truck Accident

September 30, 2021 | Lebowitz & Mzhen

If a Maryland truck accident is caused by a truck driver while driving a truck owned by their employer, it is possible that the employer will be liable for injuries that result from the crash. The employer may be liable based on its own actions—like failing to fix a broken truck or secure a load, for example—or based on vicarious liability.

Vicarious liability refers to the liability of a person or entity based on their relationship to another person or entity that acted wrongfully. The party that is vicariously liable for another’s actions does not have to have acted wrongfully in order to be held liable. Often, vicarious liability arises out of an employer-employee relationship. If an employee is negligent while acting within the scope of the employee’s employment, the employer generally is liable for the employee’s negligent actions. This means that the employer is liable for any damages that result because of the employee’s negligent actions. Acting within the scope of employment generally means acting in furtherance of the employer’s business and while carrying out an act authorized by the employer. But whether an employee was acting within the scope of employment is normally a question that a jury must decide.

Employers are often sued based on vicarious liability because they often have more financial resources than individual employees who may not be able to pay for the extent of the damages alleged in a case. In Maryland, an employer can be sued even if the employee is not sued. Though whether an employee-employer relationship exists is not always obvious. Employers may argue that a person was an independent contractor rather than an employee. In that case, courts will often look at a variety of factors including how the person was hired, how they were paid, and whether the employer could control the way the employee carried out the work.

Dangerous Underride Truck Accidents Put Maryland Drivers at Risk

September 23, 2021 | Lebowitz & Mzhen

Accidents involving semi-trucks can occur at any time of day and in any weather condition. But when wet weather and slippery road conditions make roads unsafe, the chances of collisions between cars and trucks increase. Underride accidents, where smaller passenger cars collide with large trailers and trucks are often deadly because the difference in the size of the vehicles causes a car to become compressed under the trailer, either from the side or behind the trailer, and sometimes even from the front in a head-on collision. A car can become involved in a side underride accident when a semi-truck or tractor-trailer is turning and the driver does not see the truck in their path or the driver assumes the truck will leave its path sooner than it does. While large trucks are required to have rear underride guards to prevent cars from sliding under the rear of the vehicle in the case of a collision, there is not currently a similar requirement for side underride guards, increasing the likelihood of a devastating accident.

A recent example involves an accident on a slippery road that caused a car to crash into big-rig trailer as it was making a turn into the left lane, resulting in the car sliding under the trailer and becoming wedged between the road and the trailer, flattening the roof of the car. In this instance, the driver of the car was alive and conscious at the time that first responders got to the scene and was transported to the hospital. While his condition was not reported, it is likely that the driver will face a long journey toward recovery and significant medical bills. However, if the truck had side underride guards, the accident would likely have been less serious.

In 2019, bipartisan efforts in the Senate led to the introduction of the Stop Underrides Act, requiring front, rear, and side underride guards for certain trucks and trailers. But as of now, it has not been passed. In cases where an underride accident may have been prevented if there was an appropriate underride guard installed, victims or their families may be inclined to sue for damages. The impact of losing a loved one or losing one’s freedom due to a severe injury does not come with a price, but there are significant costs that come with a major accident. For those costs, victims should be entitled to receive full compensation for their physical and emotional losses, whether it is loss of mobility, independence, or loss of life itself.