Maryland Trucking Accident Lawyer Blog

Establishing Liability after Serious or Fatal Bus Accidents

November 9, 2016 | Lebowitz & Mzhen

Bus drivers, like other motorists, have a duty to operate their vehicles in a safe manner. However, unlike drivers of personal vehicles, most bus drivers are commercially licensed and are operating as “common carriers.” Simply put, a common carrier is a person or company that transports passengers for a fee. Examples of common carriers include buses, taxi-cabs, and semi-trucks.

Drivers always have a duty of care to ensure that they are safely operating their vehicles. This includes a duty to all other motorists on the road, as well as to the passengers inside the driver’s vehicle. However, the duty that a common carrier owes to its passengers is greater than the duty a member of the general public owes to a passenger.

Lawsuits brought against common carriers in the wake of a serious or fatal accident must meet several criteria before the injured party is entitled to compensation. Primarily, the injured party must show that the common carrier was somehow negligent. This most often is proven through evidence showing that the carrier was somehow careless or reckless in the operation or maintenance of the vehicle.

Plaintiff Alleging Shuttle Bus Injury Allowed to Proceed Toward Trial Against Owner Based on Actions of Third Parties

November 3, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in California issued a written opinion that may be of interest to anyone who has recently been injured in a bus or shuttle accident. In the case, Huang v. The Bicycle Casino, the court held that a free shuttle offered by a casino for the benefit of its guests may mean that the casino is acting as a common carrier, giving rise to a heightened duty to keep passengers safe. While the court reserved judgment on that specific issue, the court did hold that the casino does have a duty to protect the passengers, even from other unruly or unsafe passengers.

The Facts of the Case

The defendant casino offered a free shuttle to its patrons. The shuttle held about 40 people, and due to the shuttle’s popularity among patrons, there would often be a line of passengers waiting at various stops. On the day in question, Huang was waiting with between 40 and 70 others, all hoping to get a seat on the shuttle. As the shuttle pulled up, all the patrons ran to board the shuttle and secure a seat. However, as Huang stepped onto the shuttle, the crowd behind her surged, causing her to misstep, fall, and injure her ankle.

Huang filed a negligence lawsuit against the casino, claiming that as a common carrier, the casino had a duty to ensure safe boarding of the shuttle. Common carriers, such as buses, trains, and taxis, are in the business of transporting the public and owe a higher duty to passengers than a regular citizen who may offer a friend a ride as a courtesy. In response to Huang’s claims, the casino argued that it was not acting as a common carrier in operating the shuttle, and any duty it did owe to Huang did not include the duty to prevent negligent or aggressive actions by other passengers on the shuttle. The trial court agreed with the casino and granted its motion for summary judgment. Huang appealed.

Liability in Maryland Truck Accidents May Extend Beyond the Truck Driver

October 26, 2016 | Lebowitz & Mzhen

Truck drivers, like all other motorists, have a duty to other motorists on the road to ensure that they operate their vehicles in a safe and responsible manner. This includes only driving when it is safe to do so as well as taking precautions to ensure that their vehicles are safe. A driver’s failure to take the necessary precautions increases the chance that a serious or fatal accident will occur and also exposes that driver to civil liability for any injuries that occur as a result of his negligence.

Liability in a trucking accident may also extend to the company that employed the negligent truck driver. In some cases, a trucking company overlooks safety violations, fails to conduct adequate background checks, or otherwise employs unqualified truck drivers or dangerous vehicles. In these situations, the trucking company may be held liable for the accident victim’s injuries in addition to the truck’s driver.

Georgia Trucking Company Ordered to Remove Trucks from Operation Based on an “Imminent Hazard to Public Safety”

Earlier this month, a Georgia-based trucking company was ordered to remove its fleet from the road after a series of serious safety violations. According to an industry news source, the most recent incident involved a truck driver who was speeding around a curve and lost control of his vehicle. The truck then crashed into a woman’s home, causing an explosion and subsequent fire. Sadly, the woman in the home was killed as a result, and four others present were seriously injured. In all, four homes sustained property damage.

The Dangers of Metro-Area Truck Routes

October 19, 2016 | Lebowitz & Mzhen

Large trucks are necessary to a city’s economy. They bring goods into the hearts of all of the nation’s largest cities, including Washington, D.C. and Baltimore. However, the small city streets in these cities are not necessarily designed to accommodate large trucks, some of which can be upwards of 70 feet long. This is especially the case in Maryland, where some streets were planned hundreds of years ago. Adding to the danger is that in many urban areas, there are large numbers of bicyclists and pedestrians who share the roadway with these large trucks.

Notwithstanding the potential difficulties of operating a large truck in an urban environment, the duty to safely operate the truck always lies with the truck’s operator. It is incumbent upon truck drivers to make sure they follow all posted traffic signs. In some cases involving negligent hiring or the absence of necessary safety equipment, liability may also extend to the trucking company. For example, if a trucking company hires a driver with a checkered driving history, and that driver then goes on to cause a fatal accident, the injured party may be able to argue that the company was negligent in vetting the driver before hiring him.

In Maryland, Virginia, and Washington, D.C., people injured in serious truck accidents have the right to file a personal injury lawsuit, seeking compensation for their injuries. In cases in which a truck accident results in a fatality, the victim’s surviving loved ones can bring a wrongful death case against the responsible parties, seeking compensation for the loss of their loved one. In either case, the assistance of a dedicated Maryland personal injury attorney is critical to a case’s success.

Two Lawmakers Act as “First Responders” in Semi-Truck Accident

October 12, 2016 | Lebowitz & Mzhen

Late last month, two republican lawmakers witnessed a major semi-truck accident and acted as first responders, providing assistance to the accident victims until emergency responders arrived. According to one local news source covering the accident, Senator Marco Rubio of Florida and Representative Joe Heck of Nevada’s 3rd Congressional District were on their way back to their hotel in West Virginia when they witnessed the accident.

Evidently, Heck, a board-certified physician, and Rubio witnessed a west-bound semi-truck cross the median after the driver had lost control. After crossing into the median, the truck then struck three cars traveling in the opposite direction. The two lawmakers stopped their vehicle and provided assistance until emergency responders arrived. They pulled one man out of an overturned car. Sadly, a 62-year-old man was pronounced dead by Heck as a result of the collision. The others injured in the semi-truck accident are expected to make a full recovery.

Police do not believe that drugs or alcohol were involved in the fatal accident. However, according to witnesses, it is possible that the semi-truck hydroplaned and lost control as a result, leading to the accident.

The Dangers of Large Trucks on City Roads

October 5, 2016 | Lebowitz & Mzhen

City streets can be difficult to navigate, even for those motorists who are driving small vehicles and who are accustomed to driving on them. However, the difficulties of traveling on city streets increase exponentially when the vehicle being driven is a large truck. For example, the driver of a large truck may have difficulty seeing pedestrians, bicyclists, and other motorists in his blind spot. Similarly, some smaller city streets may require a trucker to make a multi-point turn just to safely navigate his route.

Despite the difficulties truck drivers have when operating their rigs in the city, it is a critical part of their job, and they should be able to operate their vehicles safely on all roads. When a truck driver fails to take into account the size of his rig or is negligent in the operating of the vehicle, a serious injury or death can result. In these cases, a Maryland personal injury or wrongful death lawsuit may be used by the aggrieved victims to seek compensation for their injuries or losses.

Flat-Bed Truck Strikes and Kills Cyclist on City Street

Earlier this month in Chicago, a bicyclist was killed when she was struck by a flat-bed truck. According to one local news report covering the tragic accident, the young woman was riding her bicycle on the side of the road, between the truck and the curb, when the accident occurred.

Determining Whether Liability Exists in Truck Accidents with No Known Cause

September 28, 2016 | Lebowitz & Mzhen

All truck accidents are different. Some are straightforward accidents in which a driver’s fault is apparent. However, other accidents present a more difficult task when it comes to determining who was at fault, or what happened in the moments leading up to the collision. This is especially the case when all of the parties involved are seriously injured or killed as a result of the accident.

However, the fact that the police cannot piece together what caused an accident will not prevent any of the accident victims from filing a personal injury lawsuit seeking compensation for their injuries. In fact, it is quite common for a personal injury case to rely solely on circumstantial evidence. Of course, physical evidence, eyewitness testimony, or a police officer’s account of the accident is preferred, but this is not always available.

Police Unsure of Cause in Truck Accident that Killed Two, Injured Two Others

Earlier this month, two men were killed and another two injured in an accident between a dump truck and a pick-up truck. According to one local news source reporting on the collision, the accident occurred at around 7:15 in the morning when the occupants of the pick-up truck were on their way to work. The accident was so chaotic that it was unclear who was driving the pick-up truck.

Court Interprets “Good Samaritan Law” Broadly in Truck Accident Case

September 21, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Ohio issued a written opinion dealing with that state’s “Good Samaritan Law.” In the case of Carter v. Reese, the court interpreted the law broadly, including anyone who performs any kind of emergency care. Importantly, the law covers anyone, rather than just medical professionals, as the plaintiff had argued.

The Facts of the Case

Carter was a truck driver. He arrived at his destination and began to unload the trailer he had been pulling. After he was done, he pulled his truck about four to six inches away from the loading dock and put it in park. As he made his way around the back of his truck and up to the loading dock, Carter fell. His leg became stuck between the loading dock and the truck.

At this time, Carter began calling for help because, while he didn’t feel any pain, he was unable to get his leg free. Reese heard Carter’s calls and responded. Carter told Reese to get into the cab of the truck and pull the truck forward so that Carter could free himself. Reese agreed but realized soon after he got into the cab that he didn’t know how to operate the rig. He attempted to rev the engine and move forward, but the truck slid backward instead, crushing Carter’s leg in the process.

SUV Driver Injured When Tractor-Trailer Attempts Illegal Turn

September 14, 2016 | Lebowitz & Mzhen

According to a recent article, a driver was severely injured on a highway in Maine last month in an accident involving a tractor-trailer. The injured driver was driving behind the tractor-trailer in an SUV when the truck unexpectedly slowed and tried to turn around in a vehicle turnout reserved for police and other government vehicles. The injured driver swerved to avoid crashing into the rear of the tractor-trailer, but he lost control of the vehicle and crashed anyway. In the article, the Maine State Police stated that the driver of the truck faces criminal charges for endangering the life of another driver.

In Maryland, drivers who cause a serious bodily injury to other drivers may face criminal charges. Drivers may also be liable for damages in civil court if the driver is found to be negligent. A driver is negligent if he or she fails to take reasonable care while operating a motor vehicle, and this failure causes an injury to another person.

Maryland law provides for two types of damages. Economic damages compensate injured drivers or passengers for out-of-pocket costs like lost wages, unpaid medical expenses, and decreased future earnings. Non-economic damages, which are sometimes referred to as damages for “pain and suffering,” are also available to injured parties who can no longer enjoy life as they did before being injured.

Court Determines Insurance Contract in Trucking Accident Was Not Ambiguous, Finding in Insurance Company’s Favor

September 7, 2016 | Lebowitz & Mzhen

Earlier this month, a federal court of appeals issued an opinion in a truck accident case involving a dispute between the victim’s family and the insurance company of the at-fault driver. In the case, ACE Fire Underwriters v. Romero, the court was called upon to determine the meaning of an insurance policy, and it ultimately resolved the conflict in favor of the insurance company.

The Facts of the Case

The driver of a tractor-trailer left the farm at which he worked and immediately noticed that the trailer had become detached from the truck. He made a U-turn in hopes of quickly reconnecting the trailer, but before he could do so, he was struck by another motorist. That motorist died as a result of the collision, and his family, through the executor of the deceased’s estate (Romero), sought compensation for their loss from the truck driver’s insurance policy.

Fault was not contested. However, Romero argued that the insurance contract covered up to $1 million per vehicle involved, and because there were two vehicles involved – the truck and the trailer – the total payout should be $2 million. The insurance company’s position was that the total limit for the policy was $1 million, regardless of the number of vehicles involved.