Bus Accident

Court Reverses Plaintiff’s Award in Bus Accident Case Based on Improper Jury Instruction

June 19, 2018 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a personal injury case that presents an interesting issue that commonly arises in Maryland bus accident lawsuits. The case presented the court with the task of determining if the instructions given to the jury regarding the aggravation of the plaintiff’s pre-existing injuries were supported by the evidence presented at trial. Ultimately, the court concluded that there was no evidence suggesting that the defendant’s actions aggravated the plaintiff’s pre-existing condition, and thus it reversed the jury’s verdict.

The Facts of the Case

The plaintiff was a passenger on a bus when a motorist pulled out in front of the bus, leaving the bus driver with an inadequate distance to stop. The bus collided with the vehicle, and the plaintiff was injured as a result.

The plaintiff complained of lower back pain and stiffness, which he claimed was a result of the accident. Ultimately, the plaintiff was diagnosed with disc degeneration. The plaintiff later filed a personal injury lawsuit against the driver of the vehicle that pulled out in front of the bus.

Court Finds in Plaintiff’s Favor in Recent Public Transit Accident Case

May 3, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a car accident case discussing the admissibility of certain evidence presented by the defense. Ultimately, the court concluded that the evidence was properly excluded and affirmed the $1.2 million verdict in favor of the plaintiff. The case is important for Maryland public transit accident victims because it illustrates the importance of expert testimony, as well as the importance of keeping potentially harmful evidence out of the jury’s consideration.

The Facts of the Case

The plaintiff was involved in a car accident with a public transportation vehicle. Although the damage to each vehicle was minor, the plaintiff suffered lingering injuries as a result, including bulging discs.

The plaintiff filed a personal injury lawsuit against the transportation authority, arguing that the negligence of the driver caused his injuries. In its defense, the transportation authority presented the testimony of an expert witness who planned on testifying regarding the “severity of the impact.” Evidently, the expert’s area of study involved the forces that are present in car accidents and how those forces relate to commonly experienced forces someone may experience in everyday life. The expert was not to present any medical evidence or opinion.

Major Truck Accident on Snowy Road Sends 29 to the Hospital

March 5, 2018 | Lebowitz & Mzhen

Earlier this week, an accident involving two semi-trucks, two buses, and several passenger cars sent 29 people to the hospital, several with serious injuries. According to a local news report, the collision occurred in the evening hours during a time when roads were slick due to the recent snowfall.

Given the magnitude of the accident, authorities have yet to determine exactly what happened in the moments leading up to the accident. Witnesses told reporters that the two semi-trucks involved in the accident were traveling at a high rate of speed, which resulted in the trucks being unable to stop in time to avoid the collision. Once the trucks crashed into the buses, other motorists nearby got involved in a chain-reaction accident, similar to many Maryland bus accidents that we have seen.

One of the buses was pushed off to the side of the road, where it teetered on the edge of an embankment. Those on board were told not to move until it was safe to do so. Accident reconstructionists surveyed the scene and its aftermath, and the accident is still under official investigation.

Maryland Accidents Caused by Disregarded Stop Signs

May 17, 2017 | Lebowitz & Mzhen

The truth is that most drivers roll through the occasional stop sign. However, the fact that running a stop sign is a common occurrence among motorists does not make it acceptable. Running a stop sign is a very dangerous driving behavior. In fact, drivers who run stop signs cause approximately 700,000 accidents each year. In roughly one-third of these accidents, someone is seriously injured.

When a driver runs a stop sign and causes an accident, that driver may be held liable for any injuries that occur as a result. However, several issues can arise in a personal injury case alleging that a driver ran a stop sign. Initially, the issue of credibility may come up, meaning that unless there are independent witnesses who can testify to what happened, a driver may offer up a self-serving version of what happened in the moments leading up to the accident. With the increase in popularity of private surveillance video, there is a chance that an accident is caught on camera, but that may only be revealed through an in-depth investigation.

Another issue that may arise is the injured motorist’s own role in the accident. In Maryland, any motorist who is even the slightest bit at fault for causing an accident is not permitted to recover compensation for their injuries. This means that a defendant may be able to avoid liability completely by shifting just a small portion of the blame onto an accident victim.

The Dangers of Distracted Drivers on Maryland Highways

May 10, 2017 | Lebowitz & Mzhen

Over the past several years, technology has advanced to the point at which almost every motorist has at least one electronic gadget with them at all times. Whether it be a cell phone or a GPS system, drivers have begun to rely heavily on these external gadgets to assist them in reaching their destination. While responsible use of a GPS system or a cell-phone navigation app does not necessarily present a safety issue, the reality is that drivers are not always responsible when it comes to using these items.

When a driver’s attention is removed from the road – even for a split second – the chance of causing an accident greatly increases. Indeed, it is estimated that one in four traffic accidents are caused by texting and driving. Some studies suggest that distracted driving is even more dangerous than drunk driving.

Despite the known dangers of distracted driving, motorists continue to use their phones when behind the wheel. In Maryland, it is illegal to talk or text on the phone while driving. Motorists can only use their cell phones with approved hands-free devices. While a violation of Maryland’s texting-while-driving ban will only result in a $40 fine for a first-time offender, there may be more significant penalties if an accident is caused as a result.

Distracted Driving Likely Played a Role in Fatal Church Bus Accident

April 12, 2017 | Lebowitz & Mzhen

Late last month, an accident between a pick-up truck and a bus resulted in 13 fatalities. According to a news report covering the tragic accident, the driver of the pick-up truck may have been texting in the moments leading up to the fatal accident.

Evidently, about 15 minutes prior to the accident, another motorist who was driving behind the pick-up truck noticed that the truck was swerving, crossing in and out of the oncoming lane of traffic. The motorist called the sheriff’s department in two neighboring counties, telling authorities that the driver should be stopped due to his dangerous driving. However, authorities did not respond in time.

The pick-up truck eventually veered into oncoming traffic, directly into the path of a church bus with 14 occupants inside. The driver of the bus was unable to avoid the truck, and the two vehicles collided head-on. Twelve of the passengers aboard the bus were pronounced dead at the scene, and another was pronounced dead a short time later at the hospital.

Establishing Liability after Serious or Fatal Bus Accidents

November 9, 2016 | Lebowitz & Mzhen

Bus drivers, like other motorists, have a duty to operate their vehicles in a safe manner. However, unlike drivers of personal vehicles, most bus drivers are commercially licensed and are operating as “common carriers.” Simply put, a common carrier is a person or company that transports passengers for a fee. Examples of common carriers include buses, taxi-cabs, and semi-trucks.

Drivers always have a duty of care to ensure that they are safely operating their vehicles. This includes a duty to all other motorists on the road, as well as to the passengers inside the driver’s vehicle. However, the duty that a common carrier owes to its passengers is greater than the duty a member of the general public owes to a passenger.

Lawsuits brought against common carriers in the wake of a serious or fatal accident must meet several criteria before the injured party is entitled to compensation. Primarily, the injured party must show that the common carrier was somehow negligent. This most often is proven through evidence showing that the carrier was somehow careless or reckless in the operation or maintenance of the vehicle.

Plaintiff Alleging Shuttle Bus Injury Allowed to Proceed Toward Trial Against Owner Based on Actions of Third Parties

November 3, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued a written opinion that may be of interest to anyone who has recently been injured in a bus or shuttle accident. In the case, Huang v. The Bicycle Casino, the court held that a free shuttle offered by a casino for the benefit of its guests may mean that the casino is acting as a common carrier, giving rise to a heightened duty to keep passengers safe. While the court reserved judgment on that specific issue, the court did hold that the casino does have a duty to protect the passengers, even from other unruly or unsafe passengers.

The Facts of the Case

The defendant casino offered a free shuttle to its patrons. The shuttle held about 40 people, and due to the shuttle’s popularity among patrons, there would often be a line of passengers waiting at various stops. On the day in question, Huang was waiting with between 40 and 70 others, all hoping to get a seat on the shuttle. As the shuttle pulled up, all the patrons ran to board the shuttle and secure a seat. However, as Huang stepped onto the shuttle, the crowd behind her surged, causing her to misstep, fall, and injure her ankle.

Huang filed a negligence lawsuit against the casino, claiming that as a common carrier, the casino had a duty to ensure safe boarding of the shuttle. Common carriers, such as buses, trains, and taxis, are in the business of transporting the public and owe a higher duty to passengers than a regular citizen who may offer a friend a ride as a courtesy. In response to Huang’s claims, the casino argued that it was not acting as a common carrier in operating the shuttle, and any duty it did owe to Huang did not include the duty to prevent negligent or aggressive actions by other passengers on the shuttle. The trial court agreed with the casino and granted its motion for summary judgment. Huang appealed.

Public Bus Accident Kills at Least Two, Leaves Several in Critical Condition

August 24, 2016 | Lebowitz & Mzhen

A deadly accident involving two commuter buses in New Jersey earlier this month left at least two people dead and 17 injured, with seven in critical condition. According to a national news report, the accident occurred on the streets of Newark, New Jersey when one bus failed to yield to another at a busy intersection, causing the crash. The crash occurred during the morning commute, and both buses were carrying passengers at the time of the tragic collision. The driver of one bus and a passenger on the other were killed, and several passengers from both buses were injured. According to the article, no charges have been filed, and the cause of the accident is still under investigation.

Financial Compensation for Victims of Accidents Involving Public Transit

Although the cause of the bus accident remains under investigation, it appears that one of the bus operators caused the collision. Since most public transit vehicles are owned and operated by a state or municipal organization, those injured or killed in an accident are required to follow distinctive procedures to seek compensation for injuries that resulted from the negligence of the at-fault driver. Many states have passed laws that restrict victims’ ability to collect full compensation in claims against government employees or agencies, and specific procedures must be followed closely for victims to obtain the compensation that they deserve.

Fatal Maryland Accidents Involving Commercial Carriers

August 10, 2016 | Lebowitz & Mzhen

Bus drivers, like taxi drivers, Uber drivers, and truck drivers, have a duty to their passengers as well as to others on the road to ensure that they are safely operating the vehicle at all times. This duty requires that drivers obey all the rules of the road and posted traffic signs, as well as using common sense when operating their vehicles. When a driver of a commercial vehicle fails to exercise the necessary level of care, and an accident results, that driver may be held liable for his negligence through a personal injury lawsuit.

In addition to the driver of the bus, truck, or taxi, the company that employs the driver may also be liable in some situations. When an employee causes an accident while working within the scope of his or her employment, courts may consider a claim against the employer as well as the employee. The legal doctrine that allows these claims is called respondeat superior. A court may also consider a claim for negligent hiring if the accident victim can show that there was evidence the company should have taken into account when making the hiring decision, such as past citations or suspensions.

Fatal Bus Accident Caused by Driver’s Aggressive Passing Results in Four Deaths

Earlier this month in California, a bus accident claimed the lives of four people inside. According to one local news report covering the tragedy, the accident injured a total of 18 people. Evidently, the driver of the bus was attempting to pass another vehicle before the lane the bus was in ended. The bus driver thought that the other driver was going to slow down and allow the bus to pass him before the lane ended. However, the other driver did not slow down and continued at the pace he was traveling. The bus was run off the road and collided with a support beam for an overhead sign, resulting in the accident that claimed four lives.