Maryland Trucking Accident Lawyer Blog

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.

Truck Accidents Often Have Multiple Causes, and Potentially Multiple Responsible Parties

March 22, 2017 | Lebowitz & Mzhen

Large trucks are complex machines with many interacting systems. When any one of a truck’s systems breaks down, the driver of the truck may lose control of the vehicle, increasing the risk of causing an accident. In some cases, a driver’s own conduct may overburden a particular system, causing it to give in under the excess pressure. It is for this reason that truck accidents are rarely as cut-and-dry as they seem in the immediate aftermath of the accident.

In fact, many truck accidents have multiple causes that only become apparent after an in-depth investigation is conducted. In some cases, it is the combination of several smaller errors or break-downs that allow for a situation where an accident can occur. For example, it is incredibly important for truck drivers to operate their vehicle in a safe manner. However, it is also important for drivers to ensure that all equipment is in proper working condition. Otherwise, even the stress from normal operation can have tragic results.

Financial Recovery after Serious and Fatal Truck Accidents

March 15, 2017 | Lebowitz & Mzhen

Whenever anyone is injured in a serious or fatal truck accident, the injured party or their family may be eligible for monetary compensation upon a showing that the semi-truck driver’s negligence was the cause of the accident and of their injuries. In some cases, the trucking company can also be named as a party to the lawsuit.

These truck accident lawsuits require an injured party prove four main elements:

That the truck driver owed the accident victim a duty of care;
That the truck driver violated that duty of care by some action or failure to take a required action;
That the truck driver’s violation of the duty he owed to the plaintiff caused the plaintiff’s injuries; and
That the plaintiff suffered some identifiable injury.

The first and last element are generally easily met. However, the second and third elements may involve significant litigation in some cases, especially where the semi-truck driver claims that he was not at fault for the accident and that it was some other event that caused the accident victim’s injuries.

The Dangers of Inattentive or Distracted Truck Drivers

March 8, 2017 | Lebowitz & Mzhen

Truck drivers operate some of the most dangerous vehicles on the road, and as a result they have a heightened duty to those with whom they share the road. One of truck drivers’ most obvious duties is to safely operate their vehicles while on public roads. This includes remaining free from the effects of drugs or alcohol, getting enough rest to be fully aware while driving, and also paying full attention to their surroundings.

When a truck driver fails to live up to this standard, the likelihood of causing an accident greatly increases. When an accident does occur, the accident victim may be entitled to monetary compensation for their injuries from the truck driver and potentially the driver’s employer.

Trucking companies are not liable in every truck accident case; however, they can often be named as additional defendants when the accident victim can show that there was some negligence on the employer’s part, or the truck driver was acting within the scope of his employment at the time of the accident. This may also be appropriate when the truck supplied by the employer had a dangerous defect, or the employer failed to conduct an adequate background check of the employee prior to hiring him.

Truck Accidents Caused by Government Agencies, Employees, or Contractors

February 24, 2017 | Lebowitz & Mzhen

After any accident, an injured motorist and any passengers are entitled to file a personal injury lawsuit against the party they believe to be at fault for causing the accident. In many cases involving private citizens named as defendants, the process is a fairly straightforward one, requiring only that the motorcyclist prove that the defendant’s negligence caused their injuries. However, when the at-fault party is a government employee or contractor, there may be issues of immunity that must be overcome.

As a general rule, government agencies and their employees are entitled to immunity from personal injury lawsuits arising out of any actions related to the performance of a government function. While this seems like an extremely broad grant of immunity, the reality is that there are many exceptions to the general rule. For example, if a government employee is acting recklessly or is in violation of the law at the time of the accident, immunity will not likely attach.

Even if government immunity is not likely given the circumstances of the accident, it is advisable that anyone injured by a government employee contact a dedicated personal injury attorney prior to filing a case. For example, plaintiffs filing lawsuits against government agencies and their employees generally must comply with additional procedural requirements or risk that their case is prematurely dismissed.

Major Truck Accident in Honduras Claims at Least 23 Lives

February 17, 2017 | Lebowitz & Mzhen

Earlier this month in Honduras, a bus accident claimed the lives of at least 23 people and injured several more. According to a national news source, the accident involved a passenger bus and a large semi-truck. Evidently, the collision occurred a few miles from the nation’s capital, when the semi-truck inexplicably drifted out of its lane and into the path of the passenger bus. Witnesses to the accident told police that the truck had been speeding and was zig-zagging in the moments before the fatal truck accident. In all, 23 people were killed and 39 more injured. Of the injured, two were in serious condition.

Authorities are currently investigating the accident and whether the driver of the semi-truck was speeding or otherwise in violation of any traffic law. A preliminary investigation determined that the driver was not under the influence of alcohol at the time, although the driver was arrested while the investigation was conducted. The results of the investigation have not yet been released.

Maryland Truck Accidents

With its central location and hundreds of miles of highways, Maryland sees thousands of trucks cross through the state each week. While most of these truck drivers are responsible professionals who take their job seriously, occasionally a truck driver bends a traffic rule, drives in an aggressive manner, or stays out on the road while too tired to safely operate their vehicle.

Surviving Truck Accident Victim Receives $15 Million from Trucking Company

February 10, 2017 | Lebowitz & Mzhen

Earlier this month, a Georgia jury awarded a Louisiana woman $15 million in a truck accident lawsuit. According to a local news source reporting on the recently resolved case, the accident occurred back in April 2015 on a Georgia highway. Evidently, a car full of six nursing students on their way to a hospital rotation in Savannah was stopped in a long line of traffic when a semi-truck came from behind, slamming into them.

The truck was traveling at approximately 70 miles per hour and did not apply the brakes at all in the moments leading up to the crash. Five of the six people inside the car were killed. The families of the five deceased students filed wrongful death lawsuits against the driver of the truck as well as the trucking company that employed him. These lawsuits have all been settled out of court. However, the trucking company was unable to reach a settlement with the lone survivor, and that case went to trial.

At trial, the jury heard that the woman sustained a traumatic brain injury as a result of the crash and suffers from ongoing anxiety. Her roommate told jurors that the woman “is scared to sleep alone because her dreams are so scary and she wakes up in a puddle of sweat” and that she is afraid to be alone.

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.

Weather-Related Truck Accidents and What Can Be Done to Prevent Them

January 25, 2017 | Lebowitz & Mzhen

Over the next several months of winter, Maryland will likely see numerous rain and snow storms. Indeed, the average amount of snowfall in Maryland as a whole is over 20 inches per year. In some areas of the state, the average reaches above 100 inches per year. It will come as no surprise to motorists to hear that the road conditions after a snowstorm can be extremely dangerous for all motorists. This is especially the case for those operating large semi-trucks or tractor-trailers.

Commercial drivers who operate these large trucks are considered professional drivers and are required to obtain a certain amount of training. However, no amount of training can substitute for the good judgment required to safely operate a large truck on slick and icy Maryland roads after a snow storm. Not all truck accidents are avoidable, but there are certain things that all truck drivers should do in order to ensure safe travel during inclement road conditions:

Ensure that all tires are in good condition and are properly inflated;
Double-check the braking systems before each trip;
Ensure adequate stopping distance by not following too closely;
Always remain distraction-free; and
Maintain a safe speed given the conditions.