Maryland Trucking Accident Lawyer Blog

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.

Public Bus Accident Kills at Least Two, Leaves Several in Critical Condition

August 24, 2016 | Lebowitz & Mzhen

A deadly accident involving two commuter buses in New Jersey earlier this month left at least two people dead and 17 injured, with seven in critical condition. According to a national news report, the accident occurred on the streets of Newark, New Jersey when one bus failed to yield to another at a busy intersection, causing the crash. The crash occurred during the morning commute, and both buses were carrying passengers at the time of the tragic collision. The driver of one bus and a passenger on the other were killed, and several passengers from both buses were injured. According to the article, no charges have been filed, and the cause of the accident is still under investigation.

Financial Compensation for Victims of Accidents Involving Public Transit

Although the cause of the bus accident remains under investigation, it appears that one of the bus operators caused the collision. Since most public transit vehicles are owned and operated by a state or municipal organization, those injured or killed in an accident are required to follow distinctive procedures to seek compensation for injuries that resulted from the negligence of the at-fault driver. Many states have passed laws that restrict victims’ ability to collect full compensation in claims against government employees or agencies, and specific procedures must be followed closely for victims to obtain the compensation that they deserve.

One Dead, Two Injured in Chain-Reaction Semi-Truck Collision on Interstate Highway

August 17, 2016 | Lebowitz & Mzhen

A chain-reaction accident involving multiple vehicles on a Mississippi highway took the life of one man and left two others injured after a semi-truck driver failed avoid a collision with a slower-moving vehicle ahead of him and was subsequently struck by an 18-wheeler from behind. A local news outlet reported that the crash occurred in the early morning hours of August 11 on Interstate 20 in Newton County, Mississippi. According to the article, the man who was killed in the crash was driving the vehicle at the back of the chain, although the exact cause of the crash remains under investigation.

The Elevated Dangers of Rear-End and Chain-Reaction Accidents Involving Semi-Trucks

It appears that all three of the vehicles involved in the fatal Mississippi accident earlier this month were 18-wheel tractor-trailers. Rear-end collisions and chain-reaction accidents involving tractor-trailers present a significant danger to all drivers on the road, especially on interstate highways and other high speed transit routes. Although commercial drivers are professionally trained and licensed to drive larger vehicles, rear-end accidents involving one or more of these vehicles are frighteningly common. Since a single semi-truck can be used to tow several different trailers, accidents can occur if a driver fails to ensure the brake lights on the back of a new trailer are functioning properly before entering a highway. Additionally, the functionality of braking systems between different trailers may not be consistent, and an overloaded trailer can dangerously increase a truck driver’s stopping distance.

Fatal Maryland Accidents Involving Commercial Carriers

August 10, 2016 | Lebowitz & Mzhen

Bus drivers, like taxi drivers, Uber drivers, and truck drivers, have a duty to their passengers as well as to others on the road to ensure that they are safely operating the vehicle at all times. This duty requires that drivers obey all the rules of the road and posted traffic signs, as well as using common sense when operating their vehicles. When a driver of a commercial vehicle fails to exercise the necessary level of care, and an accident results, that driver may be held liable for his negligence through a personal injury lawsuit.

In addition to the driver of the bus, truck, or taxi, the company that employs the driver may also be liable in some situations. When an employee causes an accident while working within the scope of his or her employment, courts may consider a claim against the employer as well as the employee. The legal doctrine that allows these claims is called respondeat superior. A court may also consider a claim for negligent hiring if the accident victim can show that there was evidence the company should have taken into account when making the hiring decision, such as past citations or suspensions.

Fatal Bus Accident Caused by Driver’s Aggressive Passing Results in Four Deaths

Earlier this month in California, a bus accident claimed the lives of four people inside. According to one local news report covering the tragedy, the accident injured a total of 18 people. Evidently, the driver of the bus was attempting to pass another vehicle before the lane the bus was in ended. The bus driver thought that the other driver was going to slow down and allow the bus to pass him before the lane ended. However, the other driver did not slow down and continued at the pace he was traveling. The bus was run off the road and collided with a support beam for an overhead sign, resulting in the accident that claimed four lives.