Employer Liability

October 24, 2018

The Doctrines of Vicarious Liability, Negligent Entrustment, and Respondeat Superior

One of the most critical decisions that must be made early on in a Maryland personal injury case is which parties to name as defendants and which claims to pursue. This is particularly important in Maryland truck accidents because truck drivers are frequently working at the time of the accident. Thus, the circumstances of a truck accident often mean that a truck driver’s employer and the owner of the truck should also be considered as potential defendants.

Under Maryland law, there are several theories of liability that may come into play in truck accident cases. A recent case discusses two commonly conflated claims, and illustrates why they are unique from one another.

The Facts of the Case

The plaintiff was killed in a motorcycle accident when a truck driver attempted to make an improper left turn as the plaintiff approached the intersection. The truck driver was working at the time of the crash, and was later found to be under the influence of prohibited prescription medication.

September 19, 2018

Court Interprets Scope of Settlement Agreement in Recent Delivery Driver Accident

by Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that will occasionally come up in Maryland truck accident cases. Specifically, the case dealt with a settlement agreement that was executed between the plaintiff and several potentially liable parties, whereby the plaintiff accepted compensation in exchange for an agreement to excuse the parties from liability.

The question the court had to answer was whether the broad language of that agreement resulted in the remaining potentially liable parties being excused from liability as well. In so doing, the court took the rare step to consider extrinsic evidence that was not contained in the settlement agreement to determine the intent of the parties.

The Facts of the Case

The plaintiff was injured in an accident involving a sandwich delivery truck. Within two weeks of the accident, the plaintiff entered into a settlement agreement with the vehicle’s owner and the owner’s insurance company. That agreement provided that the plaintiff would receive $25,000, the policy maximum, and in exchange would “release, acquit and forever discharge the said payor(s), their agents and employees, and all other persons, firms or corporations who are or might be liable” for injuries resulting from the accident.

November 23, 2016

Court Finds Truck Driver Not Liable to Motorist Injured in Chain-Reaction Accident

by Lebowitz & Mzhen

Earlier this month, an appellate court in Mississippi issued a written opinion in a chain-reaction truck accident case, affirming judgment in favor of the allegedly negligent truck driver and his employer. In the case, Ready v. RWI Transportation, the court determined that the plaintiff’s injuries in a subsequent accident not involving the defendant were not a foreseeable consequence of the defendants’ negligence. As a result of the decision, the plaintiff will not be permitted to pursue compensation for their injuries.

The Facts of the Case

A truck driver employed by RWI Transportation caused an accident when he made an improper lane change on a Mississippi highway. As a result of that initial accident, the truck and another vehicle were left incapacitated and came to a rest while blocking the highway. Traffic was slowed, and a significant traffic jam formed.

About 30 minutes later, while traffic was still moving slowly, Ready approached the traffic jam and crashed into the back of another vehicle that had come to a complete stop as a result of the traffic jam. Ready filed a personal injury lawsuit against RWI Transportation and the driver of the truck involved in the initial accident. Ready claimed that the truck driver’s negligence was the cause of the subsequent accident that resulted in his injuries.

October 26, 2016

Liability in Maryland Truck Accidents May Extend Beyond the Truck Driver

by Lebowitz & Mzhen

Truck drivers, like all other motorists, have a duty to other motorists on the road to ensure that they operate their vehicles in a safe and responsible manner. This includes only driving when it is safe to do so as well as taking precautions to ensure that their vehicles are safe. A driver’s failure to take the necessary precautions increases the chance that a serious or fatal accident will occur and also exposes that driver to civil liability for any injuries that occur as a result of his negligence.

Liability in a trucking accident may also extend to the company that employed the negligent truck driver. In some cases, a trucking company overlooks safety violations, fails to conduct adequate background checks, or otherwise employs unqualified truck drivers or dangerous vehicles. In these situations, the trucking company may be held liable for the accident victim’s injuries in addition to the truck’s driver.

Georgia Trucking Company Ordered to Remove Trucks from Operation Based on an “Imminent Hazard to Public Safety”

Earlier this month, a Georgia-based trucking company was ordered to remove its fleet from the road after a series of serious safety violations. According to an industry news source, the most recent incident involved a truck driver who was speeding around a curve and lost control of his vehicle. The truck then crashed into a woman’s home, causing an explosion and subsequent fire. Sadly, the woman in the home was killed as a result, and four others present were seriously injured. In all, four homes sustained property damage.

July 21, 2016

Evidence of Repeated Safety Violations May Be Relevant in Maryland Truck Accident Cases

by Lebowitz & Mzhen

Semi-trucks and other commercial vehicles and the employees operating them are required to abide by various safety regulations and guidelines that may not apply to normal drivers. Companies and drivers can be cited by state transportation authorities if an inspection or accident reveals violations of the driving or equipment regulations established by the authorities. Companies or drivers with repeated or excessive violations may face administrative consequences, especially in the event of an accident related to the violation.

The Role of Previous Safety Violations in an Accident Lawsuit

The victims of a Maryland semi-truck accident may discover that the commercial vehicle or driver involved in their crash has been cited in the past for a safety violation that relates to the apparent cause of their own accident. As the plaintiff in a Maryland truck accident lawsuit, the accident victim may be able to introduce evidence of previous safety violations to demonstrate the defendant’s negligence in causing the accident. Evidence that a defendant has repeatedly violated safety regulations in the past should give the plaintiff an advantage in making the case for damages. However, this evidence will not necessarily be admitted without litigation over its admission.

Punitive Damages and a Pattern of Gross Negligence in Maryland and D.C.

In some jurisdictions, an accident victim may be entitled to additional damages above and beyond the economic and noneconomic damages relating to their injuries from the accident. In Maryland, punitive damages may only be awarded in a negligence lawsuit by showing actual malice, but in Washington, D.C., punitive damages can be awarded when a defendant has acted in willful disregard of the plaintiff’s rights and was reckless toward the plaintiff’s safety. In some cases, it could be argued that a pattern of gross negligence by a defendant who was guilty of repeated safety violations that resulted in an accident justifies an award of punitive damages to the plaintiff.

March 10, 2016

Truck Driver’s Employer Found Liable for Failing to Arrange Safe Crossing at Narrow Bridge

by Lebowitz & Mzhen

Earlier this month, a Missouri appellate court issued a written opinion in the case of Brown v. Davis, holding that a truck driver’s employer could properly be held liable for his role in a fatal accident occurring on a narrow bridge. The court determined that the employer did owe the victim a legal duty to ensure a safe crossing across the narrow bridge where the accident occurred, and that the employer breached that duty when he failed to arrange for a safe crossing.

The Facts of the Case

The defendant was the employer of a truck driver who was towing a logging machine on a flatbed trailer. Since the loaded trailer was wider than a single lane, it protruded into the oncoming lane in areas where the road was narrow. One such location where the load protruded into the opposite lane was a narrow bridge.

Before the truck driver crossed the bridge, the driver’s employer crossed and made sure that it was clear. However, the employer told the driver that the bridge was “all clear” when it was not. A car came over the bridge, and the truck driver knew that there was not likely room for both, so he moved over as much as he could. As he moved over, the logging machine struck the side of the bridge, came loose, and collided with the other vehicle, killing the driver.