Legal Concepts in Truck Accident Cases

Court Discusses Summary Judgment Standard in Recent Truck Accident Case

December 12, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a personal injury case illustrating the type of evidence that Maryland truck accident victims must present in order to defeat a defense motion for summary judgment. The case presented an interesting, albeit unusual, set of facts in which a motorist struck a bull that had gotten loose and wandered onto the highway. The court ultimately determined that summary judgment in favor of the motorist was appropriate because there was no evidence indicating how long the bull had been in the road.

The Facts of the Case

The plaintiff was driving a semi-truck eastbound on a highway when he was struck by the defendant, who had been traveling westbound on the same highway. The collision occurred at night. Immediately prior to the collision, the defendant struck a bull that had wandered onto the highway. This caused the defendant to lose consciousness, resulting in her car drifting into oncoming traffic, where it hit the plaintiff’s truck.

There was evidence presented that the bull had been on the loose for several hours and that a team of people had been looking for it the whole time. Several members of the search team had parked their cars along the east side of the highway. There was also a police car parked on the east side of the highway. The plaintiff testified that she did not recall seeing the cars on the side of the highway. It was established that, at the time of the collision, the plaintiff was traveling under the posted speed limit and had the vehicle’s headlights on.

Plaintiff’s Case Dismissed for Failure to Comply with Discovery Deadlines

December 5, 2017 | Lebowitz & Mzhen

Earlier this month, a federal court of appeals decided a truck accident case that is relevant to all Maryland truck accident victims considering filing a claim against the driver they believe to be responsible for their injuries. The case presented the court with the opportunity to determine whether a lower court was proper in striking the plaintiff’s statement of facts as a sanction for failing to comply with the court’s discovery deadlines. Ultimately, the federal appellate court held that the lower court was acting within its discretion when it struck the plaintiff’s statement, and it affirmed the lower court’s ruling.

The Facts of the Case

The plaintiff was driving on the highway when she was struck from behind by the defendant, who was operating a semi-truck. The collision caused the plaintiff to lose control of her vehicle, which ended up crashing into the center median. The plaintiff was seriously injured as a result and filed a personal injury lawsuit against both the truck driver as well as the company that employed him.

The defendants claimed that the plaintiff was the one who lost control of her vehicle first, and she was the one who collided with the defendant. In a pre-trial motion for summary judgment, both sides asked the court to strike the opposing side’s statement of facts. Specifically, the defendant argued that the plaintiff’s statement of facts should be stricken because it relied on expert reports that were not disclosed to the defendant until four months after the deadline for discovery had passed.

Truck Accident Case Dismissed Due to Plaintiff’s Late Disclosure of Expert Testimony

November 24, 2017 | Lebowitz & Mzhen

Earlier this month, a federal appellate court issued an opinion in a truck accident case that presents an important point for potential Maryland truck accident plaintiffs. The case focused on whether the lower court was proper in granting summary judgment to the defendant after striking the plaintiff’s statement of facts. The appellate court concluded that the lower court did not abuse its discretion in precluding the plaintiff’s statement and granting summary judgment in favor of the defendant because the plaintiff disclosed the substance of his expert’s testimony four months after it was due.

The Facts of the Case

The plaintiff was involved in an accident when the defendant truck driver rear-ended the plaintiff while he was driving on the highway. After the initial collision, the plaintiff lost control of his vehicle, and the car spun out into the median.

The plaintiff filed a personal injury lawsuit against the defendant truck driver as well as his employer. The defendant responded to the allegations by claiming that it was the plaintiff who first struck his vehicle and that the plaintiff was the negligent driver.

Naming the Proper Parties in Maryland Truck Accident Cases

November 17, 2017 | Lebowitz & Mzhen

Many Maryland truck accidents involve multiple vehicles, and determining which parties to name in a Maryland truck accident lawsuit is a critical decision that must be made early in the process. While courts will allow for plaintiffs to amend their complaint to add additional parties for a short period of time after the complaint is filed, plaintiffs have a limited amount of time to join parties. Additionally, plaintiffs normally must obtain the court’s permission to add additional defendants once the complaint has been filed.

Of course, plaintiffs should only name defendants if there is a good-faith basis for believing that they may be liable for the plaintiff’s injuries. However, it is important to conduct a thorough investigation to make sure that all potentially liable parties are included in the lawsuit. A plaintiff’s failure to include all necessary parties may result in decreased compensation in the event of a favorable verdict.

It is important that Maryland truck accident victims keep in mind that plaintiffs get one chance to file a lawsuit after an accident, and they will not generally be permitted to file a subsequent lawsuit based on the same underlying accident. Additionally, if a potentially liable party is not named in the plaintiff’s complaint, the plaintiff risks the chance that the named defendants will successfully shift the blame for the accident onto a non-present party. If this occurs, the jury may be persuaded that the named defendant is not at all liable for the plaintiff’s injuries, completely precluding a plaintiff’s chance of recovering damages for their injuries.

Truck Accidents Caused by Drivers’ Medical Emergencies

November 10, 2017 | Lebowitz & Mzhen

Most Maryland truck accidents are avoidable with the exercise of due care on the part of the truck driver. However, the rare occasion may arise in which a truck driver experiences a medical event while behind the wheel, causing the driver to lose control of the truck and cause an accident.

In these situations, the truck driver may be excused from any subsequent liability that would otherwise arise in the wake of a truck accident. However, that will not necessarily be the case. While some medical events occur without warning, others can be detected in advance or may be caused by a driver’s failure to take required medication. Similarly, a driver may take two medications that have an adverse reaction with each other, causing the driver to lose consciousness or otherwise lose control of his truck.

In these situations, the determination of whether the truck driver is liable for the accident will be made on a case-by-case basis by a judge or jury in a Maryland truck accident lawsuit. The crux of the analysis in this type of accident is whether the defendant’s conduct was negligent. For example, if a truck driver is prescribed daily medication to prevent seizures but fails to take his daily medication, suffers a seizure, and causes an accident, a jury may find that the driver was negligent and responsible for any injuries that occurred as a result of this negligence.

Court Rejects Fireman’s Assertion of Governmental Immunity in Fire Truck Accident

October 11, 2017 | Lebowitz & Mzhen

When someone is injured in a Maryland car accident that is allegedly caused by the negligent act of a government employee, the injured party may have a claim for damages against both the government employee as well as the government entity itself. However, issues of government immunity often come up in these cases.

Earlier this month, an appellate court in Alabama issued a written opinion in a case involving an accident between a fire truck and another passenger vehicle that required the court to determine whether governmental immunity applied. Finding that immunity did not apply, the court rejected the defendants’ asserted immunity and sent the case on toward trial or settlement negotiations.

The Facts of the Case

The plaintiff was injured in an accident when he drove his truck into an intersection and collided with a fire truck. The plaintiff filed a personal injury lawsuit against both the fireman as well as the city where the fireman was employed.

The Responsibilities of Motorists Following a Maryland Truck Accident

September 26, 2017 | Lebowitz & Mzhen

When a motorist is involved in a Maryland car accident, the law requires that they remain on the scene and exchange certain information with the other people involved in the accident, including their name, address, and vehicle and insurance information. Additionally, if anyone was injured in the accident, the motorist must ensure the authorities are aware of the accident so that those who need medical assistance can obtain it.

A driver’s failure to remain on the scene following a Maryland auto accident can result in both civil and criminal liability. In the event that a driver is not located or has insufficient insurance coverage to fully compensate the accident victim, the accident victim may be able to file a claim with their own insurance company under the policy’s underinsured motorist provision.

While insurance companies offer fair compensation in response to some claims, too often insurance companies try to evade responsibility by improperly denying a claim. In some situations in which the insurance company knows that it may be liable if the case goes to trial, the insurance company may offer a low-ball settlement offer early in the process in hopes of settling the case cheaply. In any event, Maryland accident victims should not take the insurance company at its word and should retain their own Maryland personal injury attorney to assist them with their claim.

Court Prevents Evidence of Car Accident Plaintiff’s Marijuana Use from Being Admitted at Trial

August 17, 2017 | Lebowitz & Mzhen

Last month, an appellate court in California issued a written opinion in a truck accident case that is of interest to Maryland truck accident victims because it deals with how courts should handle evidence of a plaintiff’s marijuana use at a personal injury trial. Ultimately, the court determined that admitting the fact that the plaintiff had previously used marijuana, but not within the 36 hours leading up to the accident, would not be proper. Thus, the court prevented the defendant’s expert witness from testifying to that effect.

The Facts of the Case

The plaintiff was driving southbound on the highway in the evening hours. The defendant was a truck driver who was also traveling on the highway, although in the opposite direction. The defendant had previously pulled off the highway to take a nap and was pulling back onto the highway when he struck the plaintiff’s vehicle.

The plaintiff has no recollection of the accident, although his passenger testified that the truck suddenly appeared in their lane, and, despite the plaintiff’s attempts to avoid the truck, he was unable to do so. The plaintiff suffered serious injuries and was hospitalized as a result. During his hospitalization, he was asked if he was under the influence of drugs or alcohol. He responded that he occasionally smokes marijuana but had not within the past 36 hours.

Maryland Truck Accidents Involving Road-Side Emergency Vehicles

July 26, 2017 | Lebowitz & Mzhen

Whether it be a police car issuing a citation to a motorist or an ambulance responding to the scene of an accident, emergency vehicles are frequently seen on the side of Maryland highways. While these emergency vehicles necessarily must park on the side of the highway for a number of reasons, the reality is that while a vehicle is parked on the side of the highway, the chance of causing a Maryland car accident increases.

Operators of emergency vehicles should follow certain precautions when leaving their vehicles on the side of the highway. For example, emergency vehicles should be pulled as far off the highway as possible to avoid obstructing traffic. When traffic must be obstructed, the operator of the vehicle should make sure that the vehicle’s emergency lights are activated to ensure that passing motorists take notice of the vehicle’s presence. Additionally, traffic should not be obstructed in a manner that leaves approaching motorists with insufficient time to come to a complete stop, such as around a curve or immediately after the top of a hill.

While state and local governments enjoy immunity in some Maryland car accidents, if a government employee acts negligently while carrying out a job-related task, immunity may not attach.

Liability in Truck Accidents Caused by Faulty Equipment

June 26, 2017 | Lebowitz & Mzhen

Truck drivers, as well as the companies that employ them, have a duty to ensure that the vehicles they use to transport goods across the country are well-maintained and in good working order in order to prevent hazards to other motorists. Part of this duty requires truckers to double-check that their rig is safe to drive after each stop.

While it may seem that equipment failures on large trucks are rare, the opposite is true. Many of the parts on a semi-truck are rated at certain speeds, and when a driver exceeds that speed, there is an increased risk of equipment failure. Of course, any part of a semi-truck can fail, but tires are the main culprit and present the most serious risk of causing a serious or fatal accident.

The National Highway Transportation Safety Administration estimates that of the roughly 14,000 truck and bus accidents occurring between the years of 2009 and 2013, approximately 200 were caused by tire blow-outs. In some cases, tire blow-outs are due to manufacturer errors, but blow-outs can also be caused by user errors. For example, if a truck driver fails to ensure that a tire is properly inflated or drives on a tire that is too worn, blow-outs are more likely to occur.