Maryland Trucking Accident Lawyer Blog

Determining Liability in Maryland Multi-Vehicle Accidents

June 5, 2017 | Lebowitz & Mzhen

Large trucks have the capacity to cause major damage when they are involved in an accident. These dangers are increased when a truck being driven is on a crowded highway. In general, it is a motorist’s duty to ensure that they are operating their vehicle in a safe manner and in compliance with state and local regulations.

Due to the size and weight of large vehicles, this often means that truck drivers must leave additional room between their rig and other vehicles on the road. Indeed, a large truck traveling at highway speeds can take the length of a football field to come to a complete stop. When a truck driver fails to take the necessary precautions when operating his vehicle, he may be liable for any injuries that result.

Notwithstanding a truck driver’s negligence, sometimes other motorists contribute to truck accidents. This may be a distracted motorist who swerves out of her lane or an aggressive driver who cuts off a truck that ultimately crashes into another vehicle. In these situations, it may be the case that both the truck driver and another party are liable. In such situations, it will be up to a jury to decide which parties are liable and the percentage of fault for each driver.

Trucking Accidents Near Maryland Construction Zones

May 24, 2017 | Lebowitz & Mzhen

Large trucks always present a danger on the highway, due to their large and cumbersome nature. Moreover, construction zones are an area of increased risk, especially when they are not adequately marked or require drivers to stay in extremely narrow lanes.

In most cases, it is the truck driver’s responsibility to ensure that the truck safely navigates the construction zone. However, there can be times when the government entity or contractor responsible for marking and maintaining the construction area is liable. For example, if drivers are not given sufficient notice of a construction zone that requires they come to a complete stop, a contractor may be liable for this failure. Similarly, if the construction zone itself is unsafe due to excessively narrow lanes, debris left on the roadway, or other hazards, the party responsible for the construction may be liable.

In most other cases, the truck driver is responsible for making sure that he is able to safely travel through the construction zone. This may require the truck driver to slow down or even stop to double-check clearances. One of the most common accidents involving large trucks and construction zones is a truck driver’s failure to take notice of the construction zone. In such situations, trucks have been known to plow through construction cones, stopped cars, and even cement barriers, putting everyone from the construction workers to fellow motorists at great risk.

Maryland Accidents Caused by Disregarded Stop Signs

May 17, 2017 | Lebowitz & Mzhen

The truth is that most drivers roll through the occasional stop sign. However, the fact that running a stop sign is a common occurrence among motorists does not make it acceptable. Running a stop sign is a very dangerous driving behavior. In fact, drivers who run stop signs cause approximately 700,000 accidents each year. In roughly one-third of these accidents, someone is seriously injured.

When a driver runs a stop sign and causes an accident, that driver may be held liable for any injuries that occur as a result. However, several issues can arise in a personal injury case alleging that a driver ran a stop sign. Initially, the issue of credibility may come up, meaning that unless there are independent witnesses who can testify to what happened, a driver may offer up a self-serving version of what happened in the moments leading up to the accident. With the increase in popularity of private surveillance video, there is a chance that an accident is caught on camera, but that may only be revealed through an in-depth investigation.

Another issue that may arise is the injured motorist’s own role in the accident. In Maryland, any motorist who is even the slightest bit at fault for causing an accident is not permitted to recover compensation for their injuries. This means that a defendant may be able to avoid liability completely by shifting just a small portion of the blame onto an accident victim.

The Dangers of Distracted Drivers on Maryland Highways

May 10, 2017 | Lebowitz & Mzhen

Over the past several years, technology has advanced to the point at which almost every motorist has at least one electronic gadget with them at all times. Whether it be a cell phone or a GPS system, drivers have begun to rely heavily on these external gadgets to assist them in reaching their destination. While responsible use of a GPS system or a cell-phone navigation app does not necessarily present a safety issue, the reality is that drivers are not always responsible when it comes to using these items.

When a driver’s attention is removed from the road – even for a split second – the chance of causing an accident greatly increases. Indeed, it is estimated that one in four traffic accidents are caused by texting and driving. Some studies suggest that distracted driving is even more dangerous than drunk driving.

Despite the known dangers of distracted driving, motorists continue to use their phones when behind the wheel. In Maryland, it is illegal to talk or text on the phone while driving. Motorists can only use their cell phones with approved hands-free devices. While a violation of Maryland’s texting-while-driving ban will only result in a $40 fine for a first-time offender, there may be more significant penalties if an accident is caused as a result.

Large Trucks Pose a Serious Danger to Pedestrians on City Streets

May 3, 2017 | Lebowitz & Mzhen

Large trucks are made to bring goods across the country, and as a result, they are specifically designed to carry large amounts of cargo on the nation’s highways. However, at the beginning and end of a truck driver’s journey, he or she will at some point have to drive on smaller surface streets.

Driving on small city streets can present difficulties for many truck drivers, whose rigs may be upwards of 70 feet long and may consist of several trailers being towed by a single truck. For example, many city intersections are much smaller than truck drivers are used to navigating, and they may require special maneuvers to safely negotiate them. In addition, the presence of pedestrians and bicyclists presents additional hazards that truck drivers must take precautions to avoid.

Despite the additional difficulties of driving on smaller roads, truck drivers remain responsible for safely operating their vehicles and may be held liable when they cause an accident on city streets. Of course, some accidents may be unavoidable even with the exercise of due caution, and truck drivers are not likely to be responsible for these. However, when a truck driver’s negligence or inexperience results in an accident, the truck driver – and potentially their employer – may be held liable for any injuries that result.

Seeking Financial Compensation After a Maryland Truck Accident

April 26, 2017 | Lebowitz & Mzhen

Being involved in any kind of traffic accident can take its toll on an accident victim. Between the physical recovery and the emotional distress most accident victims endure, the recovery process can take months or even years. Add to this the likely prospect of mounting medical bills and time away from work, and the recovery process becomes one of not just physical and emotional wellbeing but also financial stability.

In Maryland, those who have been involved in a serious truck accident may be able to seek financial compensation for the injuries they have endured through a Maryland truck accident lawsuit. Depending on the circumstances of the accident and the severity of the accident victim’s injuries, recovery packages may include amounts for past and future medical expenses, lost wages, and any pain and suffering that the accident victim endured as a result of the accident.

Before an accident victim is entitled to receive compensation, however, they must establish that the named defendant or defendants were legally responsible for causing the accident as well as the accident victim’s injuries. A dedicated personal injury attorney should be consulted prior to filing any truck accident case, not just to ensure that all procedural rules are followed but also to assist the accident victim in preparing a strong case for recovery.

Left Turns Are Dangerous, Causing Some to Question Their Necessity

April 19, 2017 | Lebowitz & Mzhen

The research is clear; left turns are generally dangerous for all motorists — and pedestrians. According to a study by New York City’s transportation planners, left-hand turns were three times as likely to cause a deadly crash involving a pedestrian as right-hand turns. Drivers turning left accounted for 19 percent of serious pedestrian and bicyclist injuries in New York City.

According to a study by the National Highway Traffic Safety Association (NHTSA), turning left is one of the most common pre-crash events, occurring in 22 percent of crashes, as opposed to 1.2 percent for right turns. About 61 percent of crashes that occur while crossing an intersection or turning involve left turns, as opposed to 3.1 percent involving right turns. The NHTSA also found that 36 percent of fatal accidents involving a motorcycle involved a left-hand turn in front of a motorcycle. Traffic engineers also claim that left-hand turns can cause congestion, further increasing the risk of accidents.

Vehicles turning left have to turn against the flow of oncoming cars, which some say is dangerous and builds up traffic. In fact, the parcel delivery company UPS instructs its drivers to almost never take left-hand turns, which the company claims saves millions of gallons on gas each year due to decreased time waiting in traffic. The company’s software determines the most efficient route for each truck, and generally that route avoids left turns. One UPS employee explained that when a motorist makes left turns, their car has to idle longer, which burns fuel.

Distracted Driving Likely Played a Role in Fatal Church Bus Accident

April 12, 2017 | Lebowitz & Mzhen

Late last month, an accident between a pick-up truck and a bus resulted in 13 fatalities. According to a news report covering the tragic accident, the driver of the pick-up truck may have been texting in the moments leading up to the fatal accident.

Evidently, about 15 minutes prior to the accident, another motorist who was driving behind the pick-up truck noticed that the truck was swerving, crossing in and out of the oncoming lane of traffic. The motorist called the sheriff’s department in two neighboring counties, telling authorities that the driver should be stopped due to his dangerous driving. However, authorities did not respond in time.

The pick-up truck eventually veered into oncoming traffic, directly into the path of a church bus with 14 occupants inside. The driver of the bus was unable to avoid the truck, and the two vehicles collided head-on. Twelve of the passengers aboard the bus were pronounced dead at the scene, and another was pronounced dead a short time later at the hospital.

Court Discusses “Last Clear Chance Doctrine” in Train Accident Case

April 5, 2017 | Lebowitz & Mzhen

Earlier this month, a Virginia appellate court issued a written opinion in a wrongful death case that was brought by the wife of a man who was killed when he was struck by a train. The case presented the court with the opportunity to discuss how the “last clear chance doctrine” may allow recovery for a plaintiff whose own negligence placed him in a dangerous situation. Ultimately, the court held that a defendant who is able to avoid an accident but fails to do so may be held liable in some circumstances.

The Facts of the Case

The plaintiff’s husband was walking along a set of railroad tracks, listening to music on his phone, when a passing train struck him. The man was instantly killed. His wife, the plaintiff, filed a wrongful death case against the company that operated the train, as well as against the train’s engineer and conductor. The plaintiff claimed that the defendants saw that her husband was dangerously close to the tracks, and they should have brought the train to a stop before it struck him.

The defendants moved for summary judgment, arguing that the plaintiff’s husband’s own negligence prevented the lawsuit from moving forward. Normally, in Virginia personal injury cases, under the doctrine of contributory negligence, if an accident victim is even partially at fault for the accident resulting in their injuries, the accident victim will not be permitted to recover damages. However, the plaintiff argued that under the last clear chance doctrine, the defendants should be held liable for failing to avoid the accident.

Intoxicated Truck Drivers Pose a Major Threat to Maryland Motorists

March 29, 2017 | Lebowitz & Mzhen

Drunk driving has long been a concern among lawmakers and motorists when it comes to those who operate large trucks for a living. While the majority of truck drivers obey the laws requiring they remain free from the effects of drugs or alcohol while behind the wheel, the reality is that too many truck drivers break the rules when it is convenient for them do so.

For example, some truck drivers use illegal stimulant drugs so that they can remain alert and travel longer distances per day. This is important for many truck drivers, who are compensated on a per-mile basis. However, while stimulant use may temporarily increase a driver’s alertness, it can also have unanticipated consequences, including difficulties maintaining concentration, sudden fatigue, and an altered sense of which risks are acceptable to take while behind the wheel.

Maryland lawmakers understand the dangers drunk truck drivers pose and have enacted strict penalties for any truck driver found to be operating a vehicle while intoxicated. Rather than the .08 blood-alcohol limit applicable to most motorists, commercial truck drivers are subject to the lower limit of .04 blood-alcohol content. This can be as little as one or two drinks in a period of two hours.