Maryland Trucking Accident Lawyer Blog

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.

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.