Maryland Trucking Accident Lawyer Blog

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 Pedestrian Accidents Involving Large Trucks

August 10, 2017 | Lebowitz & Mzhen

Semi-trucks and other large commercial vehicles used to transport goods across the country are necessary to the nation’s economy. Most of the time, truck drivers spend their time on highways, bringing goods from one side of the country to the other. These highways with long straightaways, several lanes, and wide shoulders were designed to accommodate large trucks. Of course, Maryland truck accidents still occur on highways across the state.

As truck drivers approach their final destination, however, it is likely that they will need to navigate smaller roads that were not designed for large trucks. These roads may present truck drivers with several difficulties, including limited room to turn, reduced visibility, and crowds of people both in the form of other motorists as well as those on bicycles and on foot.

While driving a large truck on a small city street may be challenging, truck drivers are still held to the same high standard as though they were driving on the open road. This includes refraining from drinking or taking drugs while on the road, following traffic laws and all posted signs, and also maintaining the required amount of rest between trips. When truck drivers fail to take the necessary precautions while driving, and they cause an accident injuring one or more people, they may be held responsible through a Maryland truck accident lawsuit.

The Dangers of Maryland Dirt Roads

August 3, 2017 | Lebowitz & Mzhen

Any motorist who has driven for any length of time on a dirt road knows the potential dangers involved with doing so. Indeed, dirt roads can pose a major hazard to motorists who find themselves needing to use them. Many dirt roads are bumpy and rough and are little more than dusty paths. The dangers of dirt roads are increased when the road is one that is commonly used by large trucks.

In most cases, dirt roads are on private land, and depending on the circumstances, the owner of the road may be responsible for maintaining the road. Landowners owe a general duty of care to maintain their property in a safe manner. Of course, landowners cannot know of all hazards on their property, so generally landowners only are required to address known issues. However, the condition of a dirt road may be exactly the type of hazard that a landowner should address, especially when the condition of the road is suspect.

When a landowner fails to address a known hazard, and someone is injured as a result, the injured party may be able to bring a Maryland premises liability lawsuit against the landowner, seeking compensation for their injuries.

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.

Intoxicated Driving Is a Major Cause of Highway Truck Accidents

July 19, 2017 | Lebowitz & Mzhen

While there are many causes of Maryland truck accidents, most truck accidents are caused by intoxicated, distracted, or sleepy drivers. Intoxication is such a problem among truck drivers that many states have implemented stricter blood-alcohol content allowances for all commercial drivers. For example, commercial drivers are not permitted to have a blood-alcohol content of .04 or greater, while other motorists are limited at a .08 blood-alcohol content.

Alcohol intoxication is certainly responsible for a large share of the total number of truck accidents involving intoxication. However, the use of illegal drugs seems to be increasing among truck drivers over the past few years. In part, this is due to the pressures inherent in the long-haul trucking profession, which places an emphasis on getting cargo to the final destination as quickly as possible. This pressure leads some drivers to take illegal drugs in an effort to stay awake longer and travel more miles per day. Of course, illegal drugs are not without their side effects. Too often, drivers who take stimulants to stay awake find themselves drifting off as the drugs wear off.

Truck Driver Faces Felony Charges for Intoxicated Driving

Earlier this month, two people were seriously injured when the vehicle in which they were traveling was struck by a truck driver who had drifted out of his lane and into oncoming traffic. According to a local news source covering the accident, it was around 4 p.m. as the truck driver was en route to his final destination when he inexplicably crossed over the center line and into oncoming traffic.

Slowed Highway Traffic Creates Major Hazard for Sleepy or Distracted Bus Drivers

July 12, 2017 | Lebowitz & Mzhen

One of the most common causes of rear-end accidents on Maryland highways is when an unaware driver encounters slowed traffic. Most drivers assume that when they are traveling on the highway during non-rush hour times that traffic will continue to move at a quick and reliable pace. However, whether due to road construction or an unrelated accident, traffic patterns are unpredictable and can slow down at any given moment.

While an unexpected slowdown can catch any motorist off guard, distracted or sleepy drivers are especially at risk for causing an accident in these conditions, due to their lack of awareness.

German Bus Accident Claims 18 Lives, Dozens of Others Injured

Earlier this month in Bavaria, Germany, 18 people were killed and many others seriously injured when a bus rear-ended a truck that had slowed down for upcoming traffic in an early morning accident. According to a national news source covering the tragic accident, the bus was carrying 48 people, mostly seniors, at the time of the accident.

Court Determines Truck Owner’s Liability Is Limited in Recent Truck Accident Case

July 5, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Florida issued a written opinion in a truck accident case that was brought by the family of a woman who was killed when her vehicle was rear-ended by the defendant truck driver. The case required the court to determine whether the owner of the truck, who was not driving at the time but was present in the vehicle, should qualify for a limitation of liability under a state statute. Since the court found that the owner of the truck “loaned” the truck to the passenger, the owner was entitled to a limitation of his liability.

The Facts of the Case

The plaintiffs’ daughter was driving on a divided highway behind the defendant truck driver. At some point, she attempted to pass the defendant. As she pulled back into her lane, she realized another vehicle in front of her was making a left turn. The plaintiffs’ daughter was able to stop in time, but the defendant truck driver was not able to stop his rig in time, and he collided with the back of the daughter’s vehicle, pushing it into oncoming traffic, where it collided head-on with another truck. The plaintiffs’ daughter was killed as a result of the collision, and her family filed this wrongful death lawsuit against the driver and the owner of the truck that rear-ended her.

The owner of the truck asked the court to limit his liability under a state statute that provides a maximum of $100,000 in liability in situations in which a vehicle owner loans out his vehicle to another person who negligently causes an accident. The truck’s owner explained that, while he was present in the truck, he had temporarily loaned the truck to the operator when he asked the operator to drive the truck while he took a nap in the back. The trial court found that the truck owner was in a joint venture with the truck’s driver and denied the owner’s request to limit his liability.

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.

Court Finds Trucking Company Liable for Truck Driver’s Negligence, But Not for Punitive Damages

June 19, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued an interesting opinion in a truck accident case that required the court to determine if the company that employed a truck driver who was responsible for a serious accident could be liable for punitive damages. Ultimately, the court concluded that under some other set of facts, punitive damages may be appropriate, but, given the facts presented in this specific case, they were not.

The Facts of the Case

In 2014, the plaintiffs were driving through a construction zone on Interstate 14 when they were struck by a truck. The plaintiffs filed a personal injury lawsuit against the trucking company that employed the driver, arguing that the company was liable for the driver’s actions because he was an employee working within the scope of his employment at the time of the accident. Additionally, the plaintiff claimed that the company was negligent for hiring the truck driver in the first place, given the driver’s checkered past. The plaintiffs sought punitive damages on each claim.

In support of their negligent hiring claim, the plaintiffs introduced evidence that the truck driver had previously been convicted of drug offenses and had a significant history of traffic offenses. There was also a report that the truck driver had been found to be traveling at 99 miles per hour while on the job just a week prior to the accident.

Update: Truck Driver Involved in Fatal School Bus Accident Had Methamphetamine in His System

June 12, 2017 | Lebowitz & Mzhen

Earlier this year in March, an accident involving a school bus, a passenger car, and a semi-truck claimed the lives of two men and injured several of the students on board the bus. The accident occurred when the semi-truck inexplicably veered out of its lane, across the center median, and into the path of the school bus. The driver of the school bus was able to swerve to avoid a collision; however, the high-school track coach driving in a vehicle behind the bus was struck head-on by the semi-truck.

After evading the oncoming semi-truck, the school-bus driver lost control of the vehicle as it ran off the side of the road. The track coach and the semi-truck driver both died in the collision. In all, 18 students were hospitalized, most with non-life threatening injuries.

According to a recent news report, the police conducted toxicology tests on the semi-truck driver after the collision. The results came back showing that he had methamphetamine in his system at the time of the collision.