Maryland Trucking Accident Lawyer Blog

Court Determines Summary Judgment Not Appropriate in Railroad Crossing Accident

January 6, 2016 | Lebowitz & Mzhen

Earlier last month, a state supreme court heard a case involving the tragic death of a young man who was killed by a train when he attempted to cross a pair of railroad tracks. In the case, Gonzalez v. Union Pacific Railroad Company, the plaintiff was the mother of the young man who was killed. She filed a wrongful death lawsuit against the railroad, alleging that the company’s negligence was the cause of her son’s death.

The Facts of the Case

At around one in the afternoon, the plaintiff’s 13-year-old son, Efrain, approached a set of railroad tracks that crossed the road. There was an eastbound track and a westbound track. According to the court’s written opinion, Efrain waited for the eastbound train to pass and then began to cross the tracks. However, the westbound train quickly approached and struck Efrain, killing him instantly.

Efrain’s mother filed suit against the railroad, arguing that the company was negligent in having the two trains cross the road on separate tracks so close together in time. She argued that since the extremely loud noise of the first train passing drowned out the noise from another approaching train, her son would not have been able to know that a second train was approaching.

Truck Accidents Caused by Intoxicated Drivers

December 24, 2015 | Lebowitz & Mzhen

As if large trucks are not dangerous enough, when an intoxicated driver gets behind the wheel of a semi-truck, tractor-trailer, or other large truck, the risk factors skyrocket. It is for this reason that the Maryland legislature has determined that those who hold Commercial Drivers Licenses (CDLs) are to be held to a different standard when it comes to drunk driving.

In Maryland, non-CDL holders are considered “drunk” under the law when they have a blood-alcohol content of .08 or greater. However, due to the risks involved with driving a large truck while intoxicated, a CDL holder’s blood-alcohol content cannot legally exceed .04. Depending on the driver, a person’s blood-alcohol content may reach .04 after just one drink.

The .04 limit applies to all commercial drivers, not just truck drivers. For example, taxi cab drivers and school bus drivers are also subject to that limit. Importantly, the prohibition on intoxicated driving is not limited to alcohol. Commercial drivers are also prohibited from operating a vehicle with any trace of an illegal drug in their system. Similarly, liability may even arise if the driver is taking prescription medication, if it can be shown that they were impaired by the medication.

NHTSA Seeks Additional Safety Feature in Hopes of Reducing Fatal Under-Ride Accidents

December 17, 2015 | Lebowitz & Mzhen

Every accident involving a semi-truck has the potential to result in serious injury or death. However, under-ride accidents present some of the highest risks. An under-ride accident occurs when a car or smaller truck rear-ends a large semi-truck, which is higher off the ground. As the vehicle coming from behind collides with the truck, the force of the collision sometimes sends the smaller vehicle underneath the semi-truck. These accidents are notorious for causing serious head trauma and even decapitation in some cases.

Not only do under-ride accidents present a high risk, but also they are remarkably common. Of the 400 deaths each year caused by cars colliding with the rear of a semi-truck, roughly one-third of them are due to under-ride accidents.

Aside from driving safely, semi-truck owners are also responsible for keeping their vehicles safe. This includes performing all necessary maintenance as well as installing required safety features. When a truck driver fails to keep their truck safe, they may be held liable for any accident caused by their negligence.

Dump Trucks: Some of the Most Dangerous Vehicles on the Road

December 10, 2015 | Lebowitz & Mzhen

Like other large trucks, dump trucks are heavy and difficult to steer, and they take a long time to come to a complete stop once a driver begins to apply the brake. On top of that, the cargo in a dump truck is often loose stone or other debris that is covered only by a tarp, if it is covered by anything at all. The combination of these factors results in dump trucks being some of the most dangerous vehicles on the road.

In fact, dump trucks have the highest number of fatalities among all kinds of commercial trucks, with about six fatalities per million miles traveled. Garbage trucks are not far behind, with about five fatalities per million miles traveled. Semi-trucks are a bit further down the list with about 3.63 fatalities per million miles traveled.

Another reason why dump trucks are so dangerous is because they have the capability to cause mass destruction when they are involved in an accident. Most dump trucks are extremely heavy and have a great mass, giving them the power to plow through several vehicles before coming to a complete stop. Dump trucks are often prone to tipping, due to their high center of gravity. This can result in additional accident victims because people driving behind the truck are forced to deal with the debris that spills onto the roadway.

Maryland Semi-Truck Drivers’ Duty to Other Motorists

December 3, 2015 | Lebowitz & Mzhen

With the many highways across the State of Maryland, one need not look too long to find a semi-truck. More so than other smaller vehicles, semi-trucks are capable of causing mass destruction when they are involved in an accident. This is especially the case when the other vehicles involved in the accident are smaller cars, trucks, or motorcycles.

Since they are operating such dangerous machines, semi-truck drivers are under a duty to always safely operate their vehicles. Of course, this means remaining free from the intoxicating effects of drugs or alcohol, but it also requires more than just that. In fact, semi-truck drivers must follow many different state and federal regulations in order to be in compliance and legally operate their trucks on the nation’s highways.

One area of regulation that is often disregarded by truck drivers is the federal resting requirement. Under federal law, semi-truck drivers can only be on the road for so many hours each day before taking a rest. Additionally, truck drivers may only be on the road for a certain number of hours per week. Truck drivers who cause an accident and are in violation of this regulation may be held civilly liable for the injuries and damages they caused.

Chain-Reaction Semi-Truck Accident Kills One, Several Others Suffered Minor Injuries

November 25, 2015 | Lebowitz & Mzhen

Earlier this month in California, a semi-truck driver was killed when he rear-ended another truck that was parked on the side of the highway. According to one local news source covering the incident, the fatal accident took place at around 3:30 in the afternoon on a multi-lane highway.

Evidently, the deceased semi-truck driver was traveling on the highway at approximately 50-60 miles per hour when he rammed into the rear of another semi-truck that had pulled off to the side of the road. From the news coverage of the accident, it is unclear if the parked semi-truck was completely pulled off the road, stopped in the middle of the road, or just partially blocking the lane of travel.

After the initial collision between the two trucks, the parked truck was pushed into several other occupied vehicles that were nearby. Thankfully, none of those people was injured as a result of the accident.

Young Child Struck and Killed by Tow Truck Driver

November 18, 2015 | Lebowitz & Mzhen

Earlier this week in Dundalk, a four-year-old boy was killed when he was hit by a tow-truck driver in an alley near his home. According to one local news report covering the tragic incident, the collision took place on the 1900 block of Jasmine Road at around one o’clock on a Sunday afternoon.

Evidently, the boy was playing in an alley near his home when the tow-truck driver came speeding down the alley. The boy was struck, and moments later his mother arrived on the scene, finding him dead. The driver of the truck remained on the scene and cooperated with police. He was not arrested immediately after the accident, however, and the investigation is ongoing. Police do not believe that drugs or alcohol was involved in the fatal accident.

One person on the scene told reporters that it is too common to see drivers speed down the alleyways in the neighborhood. He explained that people “don’t watch out for these kids; they are in just a hurry, and they don’t slow down.”

Logging Truck Flips Over on Highway, Spilling Cargo

November 11, 2015 | Lebowitz & Mzhen

Earlier this month in West Virginia, a single-truck accident involving a logging truck caused significant delays and seriously injured the truck’s driver. According to one local news source covering the incident, the accident occurred on the highway as the truck driver was attempting to make a right-hand turn at an intersection.

Evidently, as the truck began to make the turn, both the cab and the trailer flipped over onto their sides. The large logs on the truck were spilled across the highway. The logs remained in the road until emergency crews were able to bring heavy equipment out to remove them.

Police believe that excessive speed was the main contributing factor in the accident and have issued citations for failure to maintain control and for maintaining defective equipment. Police likely did not issue a citation for speeding because no one was present at the scene of the accident to confirm their suspicions that the truck driver was speeding at the time of the accident.

Bus Involved in Fatal Accident: One Dead, 13 Injured

November 4, 2015 | Lebowitz & Mzhen

In the later part of October, a bus carrying a college rowing team was involved in a fatal accident with a passenger car. According to one local news source, the accident, which killed one and injured 13 others, occurred on a Pennsylvania highway on a Tuesday evening.

Evidently, the bus was carrying the members of the school’s rowing team back to Bethlehem, Pennsylvania after a competition when it was involved in the fatal accident. According to the news report, it was the passenger car that crashed into the bus, but additional details have not yet been released. What is known is that it was the driver of the passenger car who was killed in the accident.

An investigation is ongoing to determine what exactly occurred in the moments leading up to the fatal accident. As of the publication of the article, no citations had been issued to any of the parties involved.

Truck Drivers’ Union Against Proposed Hair-Follicle Drug Testing

October 27, 2015 | Lebowitz & Mzhen

With drunk or otherwise intoxicated driving being one of the leading causes of serious and fatal truck accidents, lawmakers have started to consider new methods of drug testing truck drivers. The newest method, hair-follicle testing, has been proposed recently but is being met with some harsh criticism.

According to one news source, hair-follicle testing can detect drug use up to 90 days in the past, whereas urine testing generally can only go back a couple of weeks, depending on the drug. This could be useful in both criminal and civil contexts, when either an injured accident victim or a prosecutor wants to determine if a truck driver was under the influence at the time of an accident.

Not everyone agrees, however, that the new method of testing is a good idea. The AFL-CIO’s Transportation Trades Department (TTD), which is essentially the truck drivers’ union, opposes the new method, claiming that it is not as scientifically accurate and also that there may be racial implications in the test’s use.