Maryland Trucking Accident Lawyer Blog

Filing a Maryland Truck Accident Claim Under the Federal Tort Claims Act

September 21, 2020 | Lebowitz & Mzhen

The Federal Tort Claims Act (FTCA) allows private individuals to file suit against the federal government and its agencies for certain torts committed by persons acting on behalf of the United States. However, the FTCA provides only a limited right and exempts certain claims. For example, the FTCA exempts a number of intentional torts as well as claims based on the performance or failure to perform a “discretionary function or duty.” This means that if a Maryland truck accident case involving a federal employee or entity is based on a discretionary function or duty (the discretionary-function exception), the case will be dismissed.

Whether a claim is based on a discretionary function or duty is the subject of much litigation. Courts have held that the conduct cannot be considered discretionary if there is a directive that an employee has no choice but to follow. If the conduct does involve an element of discretion, courts must also consider whether the discretion is actually or potentially affected by legitimate policy-related decisions. If the conduct is discretionary and is affected by legitimate policy-related decisions, the exception applies, and the government is immune from suit. If the federal government claims that it is immune from suit under the FTCA, the government has the burden to prove that an exception applies.

In a recent FTCA claim before a federal appeals court, the court considered a truck accident case involving an individual who was delivering mail for the U.S. Postal Service. In that case, the individual working for a contractor that was delivering mail for the Postal Service rear-ended a school bus, leaving two students severely injured. The plaintiff sued the Postal Service under the Federal Tort Claims Act, alleging that it was negligent for failing to inspect the contractor’s vehicles. The Postal Service argued that the case should be dismissed under the discretionary function exception.

What to Do After a Maryland Public Transportation Bus Accident

September 15, 2020 | Lebowitz & Mzhen

Although public transportation is generally safe, accidents do occur. They can occur on buses, trains, and other forms of transportation. The Maryland Transit Administration (MTA) is the 13th largest public rapid transit system in the country, with buses, trains, and metro service. In the event of a Maryland public transportation accident, there are generally multiple people involved and often multiple responsible parties. In the case of public transportation, such as a city bus or train, injured victims may also run into the issue of immunity. Cities often have immunity from lawsuits unless the legal claim meets an exception. In addition, in cases involving cities, parties may have to act fast and file a notice of the claim to the appropriate authority within a certain period of time. Needless to say, Maryland public transit accident cases can be exceedingly complex.

If you have been injured in a Maryland public transportation accident, the first thing is to seek medical attention if you are injured. Injuries may also manifest after some time so it is good to get evaluated by a doctor after an accident even if you feel fine. Once you are safe and able to do so, if possible, it is important to document the scene, as well as your injuries and property damages. It is also important to get the names and contact information of involved parties as well as witnesses at the scene who may be able to testify in support of your case. Getting insurance and policy information from involved parties is also a good idea. You may need to file a claim with the insurance company before you can file in court.

Public Bus Accident Leaves Many Injured

What is the Government’s Liability for Maryland Crashes Occurring at Intersections Known to Be Dangerous?

September 8, 2020 | Lebowitz & Mzhen

Generally, after someone is injured in a Maryland truck accident, they will first look to hold the other drivers involved in the accident responsible. However, in accidents involving a single vehicle or even in crashes involving multiple vehicles, state or local governments may also have some liability based on their responsibility to maintain the roadway, particularly in cases involving intersections or other conditions in the roadway that are known to be dangerous.

State and local governments are responsible for keeping roads in a reasonably safe condition for everyone traveling on the road. In a case based on a dangerous condition on a roadway, the plaintiff generally must show that there was a dangerous condition that existed, that the government knew or should have known about the dangerous condition, that the government knew about the condition for long enough to address the condition or warn the plaintiff, that the government had a duty to act, and that the government’s failure to act caused the plaintiff’s injuries.

In some cases, a government may be immune from liability depending on the circumstances of the case. However, in Maryland, state and local governments generally can be held responsible if there is a dangerous condition on the roadway and if they had actual or constructive notice of the dangerous condition and failed to properly address it. In these circumstances, injured persons normally can file suit against the government for its failure to maintain roads in a reasonably safe condition.

Maryland Residents Injured While Riding Buses, Trucks, or Trains May Be Entitled to a Remedy

August 27, 2020 | Lebowitz & Mzhen

Public transportation is becoming more and more popular for Maryland residents. Buses and trains offer many benefits—they are cost-efficient, environmentally friendly, and lessen the stress some may feel navigating Maryland highways. These forms of transportation are typically safe for passengers, but like any means of transportation, there are risks involved, and these vehicles do occasionally get involved in Maryland traffic accidents. Some passengers may find themselves injured after riding on a bus or train and may be wondering if there is any path to recovery.

For instance, take a recent accident from mid-August. According to a local news report covering the incident, a man in his early 60s was exiting the back of the bus when the door closed on his arm. As a result of his arm being stuck in the door, he fell to the ground, suffering a hip injury. Fortunately, the injury was not life-threatening, but hip injuries can be quite costly, painful, and inconvenient at that stage of life.

Following incidents such as this one, it is important for Maryland residents to know that they may have a path to recovery. Maryland state law was developed to provide those injured by someone else’s negligence, carelessness, or mistakes the option to file a personal injury lawsuit. Typically, these lawsuits must prove four things: 1.) the defendant owed a duty of care to the plaintiff, 2.) the defendant breached that duty of care through a specific act or an omission, 3.) the defendant’s breach caused the injury or incident, and 4.) the plaintiff suffered real harm as a result.

Proving Liability Following a Maryland Mail Truck Accident

August 19, 2020 | Lebowitz & Mzhen

Maryland truck accidents involving mail carriers and mail trucks can raise many unique challenges, and injury victims must understand how the law may impact their personal injury lawsuit. These accidents are inherently different from those involving private delivery carriers, such as Fed-Ex, UPS, and Amazon. The difference lies in the fact that mail carriers are generally federal government employees. Therefore, these cases involve different legal standards, notice requirements, and eligible damages.

Despite the complex and daunting legal process, individuals can sue the U.S. Postal service if they cause an accident. These cases can stem from typical car accidents involving a neighborhood mail delivery vehicle or a larger mail truck from a distribution center. In some cases, the government may not own the mail delivery vehicle because they sub-contracted it from an independent entity. However, when this occurs, the federal government may still retain some portion of the liability.

Claims against the federal government, such as a mail carrier, involve the Federal Tort Claims Act (FTCA), which requires plaintiffs to abide by strict procedures and regulations. Under the FTCA, an injury victim pursuing a claim against a federal employee must meet the FTCA’s requirements, unless the driver was a sub-contractor These claims must conform with the law of the state where the act took place, and the negligent conduct must have occurred while the defendant was acting within the scope of their employment. If the negligent party were a sub-contractor, the accident victim would likely pursue a typical personal injury lawsuit.

What to Do When Maryland Residents Get Injured in a Bus or Truck Accident on Vacation

August 13, 2020 | Lebowitz & Mzhen

Summer is a popular time for people to get out of the state and take a vacation, either on their own or with their families. While vacations are meant to be relaxing and idyllic, it is important to remember that they, unfortunately, are not immune from the hazards of everyday life, including Maryland bus and truck accidents. Many vacationers will find themselves on a bus to get to their final destination, or as part of a tourist activity. However, a recent bus accident is a sobering reminder that accidents can happen, even during vacations.

The New York Times reported on the recent tragic accident, which took place in the Rocky Mountains in Alberta, Canada, just last month. A tour bus in Jasper National Park was specifically designed to carry visitors onto one of the continent’s largest glaciers. The bus was equipped with oversized tires for driving on ice and was climbing a rocky, steep road up to the Columbia Icefields when it rolled and plunged down an embankment. Emergency workers responded quickly, using helicopters and air and road ambulances to transfer the injured. In all, 27 people were on board, and 3 were tragically killed. In addition, 14 people were taken to nearby hospitals in critical, life-threatening condition, meaning there may, unfortunately, be more deaths resulting from this tragedy.

Those injured, and the family members of those who were tragically killed, may be able to file a personal injury lawsuit against the tour bus driver, or the vehicle manufacturer, or even the state park. Personal injury lawsuits can be incredibly complicated to pursue, even in the most straightforward of circumstances, and they become even more complicated in situations such as this one. For example, it is not clear what caused the accident, or whose fault it was. Additionally, it is common for agencies and organizations serving tourists to ask them to sign liability waivers. It could very well be that every visitor to the park, or at least those who get on the glacier tour bus, signed a waiver agreeing to waive all liability for any incidents that occurred. Sometimes these waivers are not enforceable, but it is difficult to know that ahead of time. Additionally, even if an individual does have the ability to file a suit, questions can arise about where to file suit—the plaintiff’s home state or where the accident took place? Because there are so many factors that go into these personal injury lawsuits, and because they can be incredibly confusing, Maryland plaintiffs who are injured whilst on vacation should contact a dedicated personal injury lawyer right away who can help them through the process.

Recovering in the Aftermath of a Preventable and Fatal Maryland Truck Accident

August 5, 2020 | Lebowitz & Mzhen

There is nothing more tragic than losing a loved one in a Maryland truck accident, especially when the accident was completely preventable. While many people are able to drive around the state each day without getting injured, every so often someone will make a careless mistake, leading to a tragic, and potentially fatal, accident. These accidents are a sobering reminder that one mistake or careless decision can literally change an entire life and cause immense pain and suffering.

Recently, a truck driver ran a red light one Saturday morning and hit a car. According to a local news report covering the tragic accident, the impact of the crash caused a tractor that was on the truck to fall off and onto the car. Tragically, a 10-year-old girl riding in the car with her mother was hit by the crane of the tractor and killed. Her mother was also injured, and was rushed to the hospital, but is expected to survive. The 60-year-old driver of the truck was not hurt.

This accident is a prime example of a collision that could lead to a Maryland wrongful death lawsuit. Wrongful death lawsuits can be brought when someone is killed due to someone else’s negligence, typically by the victim’s family or estate. In this case, the girl’s mother, for example, may be able to sue the truck driver for negligence.

Establishing Legal Liability After a Maryland Truck Accident

July 27, 2020 | Lebowitz & Mzhen

Earlier this month, a truck accident shut down a major road, sending several motorists to the hospital with injuries, highlighting the dangers that Maryland truck accidents pose to motorists. While it’s true that any vehicle can cause an accident—from small bicycles to large semi-trucks—accidents involving trucks tend to be some of the most catastrophic because of the sheer size of a truck. This is especially true when a truck driver loses control and swerve off the road or into other lanes, as illustrated by a recent crash.

According to a local news report covering an incident from early this month, a crash occurred just before 6 a.m. on a Tuesday morning, when a semi-truck traveling south on the highway hit a Buick Lacross that was parked on the road’s right shoulder. The collision caused the truck to lose control. As the truck swerved out of control, it ended up going up the highway’s embankment where it crashed into a pedestrian bridge. The pedestrian bridge suffered structural damages as a result, but thankfully, no pedestrians were on the bridge at the time. The driver of the truck, as well as the driver of the Buick, were taken to a nearby hospital with injuries following the accident.

Sometimes, in accidents such as this one, it may be difficult to initially determine which party was at fault. Those injured in Maryland truck accidents might not know how to prove the other party caused the accident, and may never consider bringing a personal injury suit. However, most accidents are preventable. Often, there is one or more negligent parties who can be held responsible for an accident victim’s injuries.

Four Children Killed in a Tragic Truck Accident, a Sobering Reminder for Maryland Drivers to Not Drive Under the Influence

July 21, 2020 | Lebowitz & Mzhen

Recently, an incredibly tragic truck accident killed four children and injured their father, when an intoxicated truck driver struck them at a high speed. The incident—which could have been prevented had the truck driver not decided to drive under the influence of drugs and illegal substances—is a sobering reminder of how quickly a Maryland truck accident can change a life.

According to a local news source covering the accident, the truck was traveling eastbound on Interstate 70 before the accident. There were reports that the truck was being driven recklessly, as it was weaving back and forth within traffic and even forced another semi-trailer onto the roadway’s shoulder to avoid an accident. The driver did not slow down or brake when he approached slowing traffic at a construction zone. In fact, GPS information from the truck showed that it was going over 70 miles per hour at the time of the collision. As the truck approached the line of stopped traffic, it struck a rented Chevrolet Impala, pushing it into another semi-trailer and knocking the trailer off of its front axle. The Impala as well as the truck that caused the accident both crossed the left lane into the median, catching fire.

The driver of the Chevrolet Impala was removed from the car by emergency responders. He was immediately flown to the hospital where he was placed into a medically induced coma and admitted to the hospital’s burn unit. Tragically, his four children—ages 15, 13, 8, and 6—all died in the accident.

Maryland Bus Drivers Owe a Duty to Passengers and Fellow Motorists

July 14, 2020 | Lebowitz & Mzhen

Public transit is becoming increasingly popular in Maryland and across the United States. Public transportation options such as buses, trains, and subways allow people to travel relatively quickly and inexpensively, and is better for the environment than driving an individual car. However, just like any form of transportation, accidents can occur on public transit, and can lead to severe injuries or even death. In some cases, Maryland public transit accidents may be even more dangerous, because of the number of people in a vehicle.

For example, recently a bus crash made headlines when multiple people were injured. According to a local news report covering the collision, a bus was driving along its normal route when a tow truck driver allegedly lost control of the vehicle. The bus driver swerved out of the way to avoid an accident with the tow truck, but in doing so caused the bus to crash into a building. Fortunately, no one was killed, but six individuals were injured and had to be hospitalized after the crash.

The crash illustrates that no vehicle is immune from getting into a Maryland traffic accident. In the aftermath of an accident such as the one above, it can be difficult for injury victims to understand how the accident occurred, who is at fault, and whether or not they have a path to recovery.