Truck Accidents

Court Reversed Default Judgment Against Allegedly Negligent Truck Driver

February 3, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Alabama issued a written opinion discussing the situations when a court should issue a default judgment when a defendant in a lawsuit fails to respond to the plaintiff’s claim. In the recent case, the appellate court ultimately reversed a lower court’s default judgment after applying a multi-factor test.

The Facts of the Case

The defendant, a semi-truck driver, was backing a load of logs into his driveway when the plaintiff crashed into his truck. At the time of the accident, the truck was blocking all of the lanes of travel. The plaintiff filed a personal injury lawsuit against the defendant, which the defendant failed to answer. After approximately three months, the court issued a default judgment in favor of the plaintiff.

Two months after the default judgment was entered, the defendant submitted a motion to the court, asking it to set aside the judgment. In support of his motion, the defendant submitted an affidavit from a witness to the accident, stating that the defendant had taken reasonable precautions, including placing cones and using the truck’s four-way flashing lights. The defendant also claimed that, on the day of the accident, he notified his insurance company about the accident. The defendant explained that he thought this meant that the insurance company was investigating the accident and that no further action was needed on his part. The trial court denied the motion, and the defendant appealed.

Two Lawmakers Act as “First Responders” in Semi-Truck Accident

October 12, 2016 | Lebowitz & Mzhen

Late last month, two republican lawmakers witnessed a major semi-truck accident and acted as first responders, providing assistance to the accident victims until emergency responders arrived. According to one local news source covering the accident, Senator Marco Rubio of Florida and Representative Joe Heck of Nevada’s 3rd Congressional District were on their way back to their hotel in West Virginia when they witnessed the accident.

Evidently, Heck, a board-certified physician, and Rubio witnessed a west-bound semi-truck cross the median after the driver had lost control. After crossing into the median, the truck then struck three cars traveling in the opposite direction. The two lawmakers stopped their vehicle and provided assistance until emergency responders arrived. They pulled one man out of an overturned car. Sadly, a 62-year-old man was pronounced dead by Heck as a result of the collision. The others injured in the semi-truck accident are expected to make a full recovery.

Police do not believe that drugs or alcohol were involved in the fatal accident. However, according to witnesses, it is possible that the semi-truck hydroplaned and lost control as a result, leading to the accident.

Court Interprets “Good Samaritan Law” Broadly in Truck Accident Case

September 21, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Ohio issued a written opinion dealing with that state’s “Good Samaritan Law.” In the case of Carter v. Reese, the court interpreted the law broadly, including anyone who performs any kind of emergency care. Importantly, the law covers anyone, rather than just medical professionals, as the plaintiff had argued.

The Facts of the Case

Carter was a truck driver. He arrived at his destination and began to unload the trailer he had been pulling. After he was done, he pulled his truck about four to six inches away from the loading dock and put it in park. As he made his way around the back of his truck and up to the loading dock, Carter fell. His leg became stuck between the loading dock and the truck.

At this time, Carter began calling for help because, while he didn’t feel any pain, he was unable to get his leg free. Reese heard Carter’s calls and responded. Carter told Reese to get into the cab of the truck and pull the truck forward so that Carter could free himself. Reese agreed but realized soon after he got into the cab that he didn’t know how to operate the rig. He attempted to rev the engine and move forward, but the truck slid backward instead, crushing Carter’s leg in the process.

SUV Driver Injured When Tractor-Trailer Attempts Illegal Turn

September 14, 2016 | Lebowitz & Mzhen

According to a recent article, a driver was severely injured on a highway in Maine last month in an accident involving a tractor-trailer. The injured driver was driving behind the tractor-trailer in an SUV when the truck unexpectedly slowed and tried to turn around in a vehicle turnout reserved for police and other government vehicles. The injured driver swerved to avoid crashing into the rear of the tractor-trailer, but he lost control of the vehicle and crashed anyway. In the article, the Maine State Police stated that the driver of the truck faces criminal charges for endangering the life of another driver.

In Maryland, drivers who cause a serious bodily injury to other drivers may face criminal charges. Drivers may also be liable for damages in civil court if the driver is found to be negligent. A driver is negligent if he or she fails to take reasonable care while operating a motor vehicle, and this failure causes an injury to another person.

Maryland law provides for two types of damages. Economic damages compensate injured drivers or passengers for out-of-pocket costs like lost wages, unpaid medical expenses, and decreased future earnings. Non-economic damages, which are sometimes referred to as damages for “pain and suffering,” are also available to injured parties who can no longer enjoy life as they did before being injured.

Truck Tire Safety Can Reduce Serious Trucking Accidents

July 7, 2016 | Lebowitz & Mzhen

Of the many causes of truck accidents, equipment failures are among the more common. Large trucks rely on a number of components and systems to run properly. If any one of these systems is compromised, the truck may not operate according to the driver’s expectations. Obviously, this can then result in the truck driver losing control of the vehicle, resulting in a serious or fatal truck accident.

Due to the risks inherent in operating a large truck, the law places a duty on all truck drivers to maintain their vehicles in a safe manner. The level of the duty somewhat depends on which type of truck is being operated and which cargo is being transported. For example, truck drivers transporting hazardous materials have an increased duty to maintain their vehicles in a safe condition to avoid the spilling of the hazardous cargo.

Generally speaking, a truck driver’s duty to inspect and maintain his vehicle extends to the systems that are easily inspected and those for which failure can result in serious problems in the vehicle’s operation. These systems include the tires, brakes, cargo area, and lights and signals. If an accident is caused by a truck driver’s failure to inspect his vehicle, that driver may be held financially liable for the injuries caused as a result. This may even be the case if the truck driver was not issued a traffic citation.

Drowsy Truck Driver Crashes Rig, Spilling 50,000 Pounds of Potatoes on the Highway

May 11, 2016 | Lebowitz & Mzhen

Truck drivers have an enormous responsibility. With loaded rigs weighing up to 40 tons, the trucks these drivers operate are massive, difficult to steer, and prone to causing mayhem if not properly controlled. For these reasons, federal and state laws act to regulate the trucking industry, requiring drivers to obtain special licenses, register their cargo and route, and constantly ensure that their rig is in safe working condition. In addition, truck drivers must also follow the rules of the road that apply to all motorists, such as refraining from drunk or distracted driving.

When there is a lapse in judgment, or an oversight on the part of a truck driver, the driver may be held liable in a Maryland personal injury lawsuit. These lawsuits, brought under the theory of negligence, require an accident victim to show that there was some negligent act or omission that caused the accident that resulted in the victim’s injuries. If this is successfully proven, an accident victim may receive compensation for their medical expenses, lost wages, and any pain and suffering they endured as a result of the accident.

Truck Accident Caused by Sleeping Driver

Earlier this month in North Carolina, 50,000 pounds of potatoes spilled onto the road after a semi-truck driver crashed into a barrier and rolled the truck onto its side. According to one local news source covering the accident, the truck driver was traveling on Interstate 77 at around 2 a.m. when the accident occurred.

Accident Involving Truck and Minibus Results in 12 Fatalities

April 6, 2016 | Lebowitz & Mzhen

Commercial carriers, such as buses, trucks, trains, and taxi-cabs, all have a duty to their passengers to operate their vehicles in a safe manner and do everything reasonable to ensure a safe trip. This duty extends to others sharing the road with the common carrier as well. On occasion, however, a bus driver’s attention drifts away from the road, or a truck driver dozes off in the middle of a long journey, putting his passengers and others on the road at an increased risk. When this type of conduct results in an accident, that driver can be held legally responsible for his actions in violating the duty he owed to his passengers and others.

This type of case, generally brought under the legal concept of negligence, relies on an accident victim showing that the common carrier was negligent in attending to the duty he owes his passengers or others on the road, and that the breach of that duty resulted in the passenger’s injuries and damages. If this can be established, the injured party may be entitled to receive monetary compensation for the injuries they sustained in the accident. Such compensation is not normally limited to out-of-pocket expenses and may include additional amounts for non-economic damages, such as pain and suffering.

Minibus Accident in France Claims 12 Lives

Earlier last month, a devastating accident in France involving a minibus and a truck resulted in 12 Portuguese tourists losing their lives. According to one local news source covering the tragic event, the accident occurred while the minibus was taking the passengers from Switzerland back to Portugal.

Logging Truck Driver Loses Control and Flips Rig, Killing One

March 3, 2016 | Lebowitz & Mzhen

With their excessive length, heavy cargo, and long stopping distances, logging trucks are some of the most difficult to control, even compared to other large semi-trucks and tractor-trailers. Increasing the danger, logging trucks often drive on small rural roads on their way to pick up and drop off their cargo. It is for this reason that logging truck drivers need to be properly trained and vetted by their employers.

Most people are familiar with the fact that a negligent driver can be held liable for any injuries that are caused by their dangerous driving. What is less known, however, is that a commercial driver’s employer may also be held liable if it can be shown that the driver did not possess the adequate training, experience, or support to safely operate their vehicle. In some cases, trucking companies will even encourage their employees to “bend” the rules and stay out on the road longer than is legally permissible.

In fact, whether or not it is explicitly stated, almost all truck drivers are financially incentivized to drive longer and rest less. This is because most drivers are paid per mile, rather than per hour. Thus, the more miles covered in a day, the higher the driver’s take-home pay.

Court Upholds Verdict Against Trucking Company in Fatal Amtrak Accident

February 3, 2016 | Lebowitz & Mzhen

Earlier this month, a Nevada court denied a motion filed by a trucking company for a new trial after the court determined that the company’s driver was responsible for a 2011 accident that killed six people, including the driver of the truck. According to one local news source, the court ordered the trucking company to pay roughly $4.5 million in damages.

The Truck Driver Slams into a Moving Amtrak Train

The fatal accident occurred back in 2011, in Nevada’s high desert, near the intersection of Interstate 80 and U.S. Highway 95. Evidently, the truck driver was driving an empty truck when he approached a railroad crossing. Evidence showed that the crossing was marked and that the engineer on the train was engaging the train’s whistle prior to reaching the crossing. However, the truck driver failed to slow down in time and ended up crashing into the second car of the train. The impact between the semi-truck and the train killed the truck driver, the train’s engineer, and four passengers aboard the train.

It also came out in evidence that the truck driver began to apply the brakes about 300 feet prior to the crossing, but he was still unable to stop in time. The National Transportation Safety Bureau conducted an investigation into the fatal accident and determined that the cause was an inattentive truck driver with a history of speeding violations, as well as the fact that the truck he was driving had faulty brakes.

Truck Accidents Caused by Intoxicated Drivers

December 24, 2015 | Lebowitz & Mzhen

As if large trucks are not dangerous enough, when an intoxicated driver gets behind the wheel of a semi-truck, tractor-trailer, or other large truck, the risk factors skyrocket. It is for this reason that the Maryland legislature has determined that those who hold Commercial Drivers Licenses (CDLs) are to be held to a different standard when it comes to drunk driving.

In Maryland, non-CDL holders are considered “drunk” under the law when they have a blood-alcohol content of .08 or greater. However, due to the risks involved with driving a large truck while intoxicated, a CDL holder’s blood-alcohol content cannot legally exceed .04. Depending on the driver, a person’s blood-alcohol content may reach .04 after just one drink.

The .04 limit applies to all commercial drivers, not just truck drivers. For example, taxi cab drivers and school bus drivers are also subject to that limit. Importantly, the prohibition on intoxicated driving is not limited to alcohol. Commercial drivers are also prohibited from operating a vehicle with any trace of an illegal drug in their system. Similarly, liability may even arise if the driver is taking prescription medication, if it can be shown that they were impaired by the medication.