Maryland Trucking Accident Lawyer Blog

Methods of Gathering Evidence in Trucking Accident Cases: Destructive Testing

December 23, 2013 | Lebowitz & Mzhen

In trucking accident cases, the usual discussions regarding evidence gathering involve accident reconstruction, calculations of speed based on objective measures, and other aspects related to an auto collision. Sometimes, however, injuriess caused in truck accidents can be the result of falling objects or other events.

In one such case, recently decided in a Maryland federal court, Heckman v. RYDER TRUCK RENTAL, INC., Dist. Ct., D. Md. (2013), the plaintiff filed suit against a truck rental company and maker of the truck, when a door strap attached to one of the trucks broke, causing him personal injury.

In the course of discovery, the process of gathering evidence in preparation for trial, the plaintiff filed a motion requesting that the defendant provide him with additional door straps in order to test them, and this opinion dealt with the court’s ruling on the request.

The Importance of Hiring an Attorney Immediately Following an Accident

December 16, 2013 | Lebowitz & Mzhen

A Superior Court decision in Delaware is the perfect illustration of why it matters how quickly you consult with or hire an attorney. Although the underlying accident seemed to involve two passenger vehicles, the decision itself is relevant to any sort of vehicle, especially in the context of trucking accidents, where the insurance companies will be highly motivated to settle the matter as soon and for as little as possible.

In the case, Bernal v. Feliciano, Del. Sup. Ct. (2013), the plaintiff was involved in a car accident.

Following the accident, the plaintiff, who spoke only Spanish, had her daughter discuss the issue of lost wages at work due to the accident. She reached an agreement as to the lost wages for $410 with the adjuster, and he faxed over a cover sheet regarding the agreement, along with a general release. The language in the release included wording that stated that it was a release for any and all potential suits or claims, and any and all personal injuries or property damage known and unknown, foreseen and unforeseen. Believing that the release, which was sent with the cover letter regarding the $410, was only for wages, and based on her daughter’s telephone conversation with the adjuster, the plaintiff signed the release, and sent it back that day. This was in March of 2012.

Court Rejects Trucking Company’s Appeal Following Fatal Tractor Trailer-Pedestrian Accident

December 9, 2013 | Lebowitz & Mzhen

In the course of discussing trucking accidents, especially those involving serious personal injury or death, we often think of the continuum of the process as spanning from when the initial complaint is filed through settlement or, in some cases, jury trial. However, the case doesn’t always end after a jury has entered its verdict, even when the plaintiff prevails.

A recent New York case offers a glimpse into the types of issues that defendants may raise in appealing decisions where the jury decides in favor of the plaintiff.

The case, BAKALOR v. JB HUNT TRANSPORT, INC., Dist. Ct., SD NY (2013), arose out of a fatal accident, in which the deceased was hit by a tractor trailer being driven by a professional driver employed by the defendant. Following a four day trial, the jury rendered a verdict in favor of the plaintiff, the decedent’s estate, and granted the plaintiff $500,000 for the pain and suffering of the decedent, and an additional $12,081.20 for funeral and burial expenses. The defendant subsequently moved for reversal, or a new trial.

The Concept of Punitive Damages in Trucking Accident Cases

December 2, 2013 | Lebowitz & Mzhen

The U.S. District Court for the Western District of Virginia ruled on a motion earlier this fall, which gives an informative look at the concept of punitive damage awards in trucking accident cases.

The case, Boone v. Brown, Dist. Court, WD Va. (2013), involved a vehicle accident, whereby the plaintiff’s vehicle was stopped at a red light, and a professional truck driver stopped behind her, then began to steer his tractor-trailer to the left in preparation for a wide right turn. In doing so, he reportedly struck her vehicle three separate times, causing her serious bodily injury and property damage. After the collision, the driver reportedly left the scene.

The plaintiff filed suit, alleging negligence, and seeking seeking $200,000 in general, special, and compensatory damages and $350,000 in punitive damages as a result of the driver’s conduct. The defendant filed a motion to dismiss as to her claim for punitive damages.

Court of Appeals Denies Reversal in Fatal Multiple Truck-Vehicle Collision

November 28, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the Fourth Circuit ruled within recent months to deny a judgment for the defendant in a complex truck accident case. The Fourth Circuit Court of Appeals is the federal appellate court to which all district court cases in Maryland are appealed. Therefore, this decision is instructive for Maryland trucking accident cases.

In PITT OHIO EXPRESS, LLC v. PAT SALMON & SONS, INC., Ct. App., 4th Cir. (2013), three commercial trucks and one passenger vehicle were involved in a collision.

Truck A, owned by “C. Bean” slowed down due to foggy conditions. Truck B, owned by “Pat Salmon” collided into the back of Truck A, which caused only minor damage to both trucks, but disabled truck A, and caused it to at least partially obstruct both lanes of traffic. Within seconds, a passenger vehicle approached, and attempted to brake, at that point Truck C, owned by “Pitt Ohio” collided into the back of the passenger vehicle, propelling the car into the back of Truck B. Both occupants of the passenger vehicle and a passenger who had exited Truck B were killed as a result of the collision.

U.S. Court of Appeals Affirms Wilhem Test, Expert Testimony Unnecessary to Prove Back Injuries In Truck Accident

November 20, 2013 | Lebowitz & Mzhen

The United States Court of Appeals for the Fourth Circuit recently affirmed that in regards to Maryland truck accident and personal injury cases, expert medical testimony is not necessarily required. In fact, in the particular case, Galloway v. HORNE CONCRETE CONSTRUCTION, Court of Appeals, 4th Circuit 2013, they held that expert medical testimony and evidence proving a causal connection between severe back injury following a severe four truck accident was not required.

The decision was regarding the plaintiff’s request for a new trial on damages only, concerning a severe highway accident that he was involved in. The plaintiff, who was driving an 18 wheeler, had come to a stop behind another tractor trailer, and had another 18 wheeler stop behind him. A dump truck that failed to stop then rammed the third truck into the plaintiff’s truck, and consequently into the truck in front of him. The plaintiff’s rig was deemed a loss by the insurer as a result of the collision.

The plaintiff sought medical treatment the next day, and as a result, for period of months he underwent extensive pain management therapy, physical therapy, and when that failed to ease his pain, underwent surgery whereby he had his herniated disk removed, and his spine was fused.

Overturned 18 Wheeler 3 Vehicle Accident on Route 50 in Anne Arundel County

November 14, 2013 | Lebowitz & Mzhen

Four people were injured in Anne Arundel County this week, following a three vehicle collision involving an overturned tractor trailer Thursday evening on Route 50 in Parole.

The accident occurred on Route 50 eastbound near I-97 North. Police stated that when they arrived at the scene, they discovered that an 18-wheeler tractor trailer had rolled over, and two other vehicles were involved in the collision.

One 40 year old man was transported to Shock Trauma for treatment of his life threatening injuries. Two other individuals were transported to local hospitals for treatment of their non life threatening injuries. A fourth patient was also transported to a hospital for treatment of serious injuries. The circumstances surrounding the collision were unclear at the time the information was reported. Authorities are likely continuing an investigation into the collision.

Two State Troopers Narrowly Escape Serious Semi Accident

November 6, 2013 | Lebowitz & Mzhen

Earlier this week, two State Troopers in Indiana were lucky to walk away from a serious accident, when a semi truck suddenly landed on top of their patrol car.

In the early afternoon, two troopers were driving on the interstate, when the passenger noticed that the semi had begun to veer into their lane. After moving closer to the semi, he noticed that the driver had his head down. He then told the other trooper, who was driving, that he thought the semi driver was asleep, and that he was about to hit them.

The truck hit the patrol car’s back tires, which pushed them into the concrete barrier, which it then bounced off of, throwing both cars back into the lanes of traffic. The car was essentially dragged, and remained pinned under the truck. Miraculously, both troopers were able to extricate themselves from the vehicle. They reported that some good samaritans pulled the truck driver from his cab.

Truck Driver Sentenced to 8 Months Jail Time For Vehicular Manslaughter

October 25, 2013 | Lebowitz & Mzhen

Last week a truck driver was sentenced for his role in a tragic traffic accident that killed a 46 year old man during his commute to work. The accident happened in January 2012 as the victim was en route to his job at the Maryland-National Capital Park And Planning Commission, traveling southbound on Route Md 75. The defendant was traveling northbound in his 26,580-pound tractor-trailer at the same time. According to trial testimony, at times the driver reached speeds of up to 67 mph in the 40 mph zone of the road.

A state trooper testified that the accident occurred when the truck driver headed up a hill, and attempted to negotiate a sharp right curve in the road, the trailer portion of the truck, which happened to be empty, swung into the southbound lane, where it struck and crushed the victim’s passenger truck.

Earlier this month, a jury found the driver guilty of criminally negligent vehicular manslaughter, speeding, and failure to remain right of the center line. The driver’s sentence of eight months in prison, with an additional suspended sentence of two years and four months, was the first of this kind reached in Frederick County, following the statute’s 2011 enactment. Following his release, the driver must also complete a three-year term of supervised probation or risk being incarcerated for the suspended sentence.

Port of Oakland Trucker Strike Highlights Factors that can Influence Drivers

October 15, 2013 | Lebowitz & Mzhen

In major trucking news, a group of independent truck drivers shut down a major terminal at the Port of Oakland, and blocked access to several more this week in protest of notorious congestion and other issues, which have left drivers essentially trapped in their big rigs for up to six hours, reportedly unable to even go to the bathroom, while waiting to pick up their next load. Drivers caught outside their vehicles face fines, and are not reimbursed for potentially unreasonable wait times.

Drivers at the port are forbidden from leaving their rigs once they are in line at the terminals, reportedly due to safety concerns. The group of more than 100 truckers shut down five areas, which have suffered some of the longest wait times since they were recently consolidated into a single terminal operated by industry giant SSA Marine.

The issue of long wait times is reportedly a recurring issue at this port, which led to drivers blocking the terminals for the same reasons back in 2004. The long waits at the SSA terminal are reportedly due to a change in the numbering system, which began in July, making it harder for the longshoremen to locate containers. One customer of the relevant terminal reported that he no longer used the port due to the long wait times. In one case, a shipment took almost a month to make it from the port to his San Francisco warehouse. (San Francisco is located just across the Bay Bridge from Oakland.)