Maryland Trucking Accident Lawyer Blog

Understanding the Dangers of Maryland Truck Accidents

November 11, 2021 | Lebowitz & Mzhen

Maryland auto accidents can often vary in severity and type—and there are certainly some accidents that are more dangerous than others. Accidents involving trucks, for example, can often be more dangerous than accidents involving two passenger vehicles, depending on how the accident took place. Understanding the additional risks trucks pose for drivers can be important for both protecting yourself proactively on the road, but also others.

According to a recent news report, three children were transported to a local hospital for treatment after a major crash involving a dump truck and an SUV. Police and investigators reported that the dump truck driver was headed south when it dropped off the right side of the highway. When the driver made it back onto the highway, it crossed the center line and crashed into an SUV heading in the opposite direction. The dump truck then overturned onto the driver’s side, with the vehicle blocking the roadway. The driver of the dump truck and three children who were in the SUV were taken to the hospital, and the accident remains under investigation.

Truck accidents like the one described above can often be more devastating and dangerous than crashes involving passenger vehicles only.

Fatal Maryland Collision Leaves One Injured, One Dead

October 31, 2021 | Lebowitz & Mzhen

Often, we are reminded that life teaches us to expect the unexpected—and nothing can be a more painful reminder of that than an unexpected car accident that results in injury, property damage, or in extreme cases, death. Although no one ever plans for or is able to be fully prepared when these incidents take place, understanding what potential next steps are available for you or for someone you know or love when they run into these accidents can make a huge difference in your road to recovery and compensation.

According to a recent local news report, a tractor-trailer accident resulted in one individual injured and another dead. Troopers responded to a report of a four-vehicle crash, where a tractor-trailer collided with a Dodge caravan, which pushed it off the road and into the jersey wall. The tractor-trailer then crashed into a Hyundai and sideswiped a Toyota. The driver of the Dodge was transported to a local hospital for treatment, where she later died. In addition, the driver of the Hyundai was also transported to a hospital for treatment of her injuries. The accident remains under investigation by local authorities.

Following a significant accident, you may be considering filing a lawsuit for monetary and compensatory damages, especially if significant injury or property damage was involved. In Maryland, time is of the essence when choosing to move forward with a legal claim. Maryland adheres to a three-year statute of limitations, which means that if your case is not filed before the three-year window closes, it is likely the court will refuse to hear your lawsuit. For claims involving a Maryland government agency, the statute of limitations is one year for a formal claim, and three years for a formal lawsuit.

Maryland Commercial Truck Accidents Continue to Be a Major Threat to Motorists

October 24, 2021 | Lebowitz & Mzhen

Sometimes, no matter how diligent we are on the road, things beyond our control may take place and result in devastating consequences. Despite being a careful, proactive, and alert driver, it is often impossible to control the actions of others. Factors outside of our control that may cause an accident are often exacerbated when the accident involves a large commercial vehicle or truck. Thus, Maryland drivers should understand the distinctions between accidents involving commercial trucks and regular trucks or SUVs before proceeding with their legal claims.

According to a recent news report, a commercial truck driver is facing 41 charges following a major truck accident that left four dead and ten others injured. The truck driver, during his first solo trip, was driving through the mountains on his own despite having little experience navigating the terrain. While on the road, the truck driver realized his brakes had given out. Despite doing his best to remain on the shoulder and out of traffic, he crashed into a large trailer, which he hoped would slow down the trajectory of his truck after the crash. Upon impact, the truck driver lost control and four people died instantly.

During the trial, the prosecution argued that the truck driver had multiple chances to prevent the accident and did not take them. In response, the defense argued that the truck driver was simply at the mercy of mechanical failures of the truck, and lost control without any good options. In addition, the defense reiterated the preventative steps the truck driver took, such as calling his boss, roughly 40 minutes before the crash, to ask for advice on how to proceed moving forward since his brakes were faulty. The outcome of the case will ultimately fall into the hands of the jury.

What to Do After a Maryland Hit-and-Run Truck Accident

October 17, 2021 | Lebowitz & Mzhen

Maryland drivers are required to call 911 whenever a driver is involved in a Maryland truck accident or any type of automobile accident. Under Maryland’s Transportation Code, a driver who is involved in an accident that results in another person being injured must immediately pull over as close as possible to the scene of the crash and remain at the scene until medical assistance is arranged and information is exchanged. A driver must reasonably assist anyone who is injured and arrange transportation for medical treatment, provide their name, address, and the registration number of the vehicle, and provide their license if requested. Any driver who fails to do stop and stay at the scene is subject to fines up to $10,000 and up to 10 years in jail. However, despite strict laws, hit-and-run accidents still occur.

What Should I Do After a Maryland Hit and Run Accident?

Victims of Maryland hit and run accidents should take down any information about the vehicle and the driver that fled the scene, including a description of the vehicle and the driver and license plate number or other information. Victims should also call 911 and report the accident to law enforcement. Victims should also seek medical assistance if it is needed. If law enforcement is able to track down the hit-and-run driver, a victim may be able to file a lawsuit against the negligent driver and recover financial compensation. Proof that the driver fled the scene may be useful evidence in a civil lawsuit. Even if the driver is not found, victims may be able to recover compensation by filing an insurance claim under their uninsured and underinsured motorist coverage, which are required in Maryland. Victims may be able to recover compensation for property damages, medical expenses, lost wages, mental suffering, and more.

Filing a Maryland Lawsuit After the Death of a Family Member in a Maryland Truck Accident

October 11, 2021 | Lebowitz & Mzhen

The death of a family member after a Maryland truck accident is a terrible tragedy and the aftermath can be overwhelming. Nothing can replace a family member, but Maryland law allows certain family members to see financial compensation if any person or entity was at fault. A Maryland wrongful death claim may be filed by a spouse, a parent, or a child of the accident victim. In a case where the victim has no living spouse, parents, or children, another person may file a wrongful death claim if they were substantially dependent upon the victim and are related by blood or marriage. This claim allows qualifying family members to recover financial compensation for the losses that they suffered and to hold wrongful people and entities responsible for the victim’s death. Only one Maryland wrongful death claim may be filed based on a victim’s death.

What Are Wrongful Death Damages in Maryland?

Qualifying family members can recover compensation for expenses including financial losses due to the victim’s death, as well as for the emotional toll, including mental anguish and the loss of companionship. Generally, a Maryland wrongful death claim in Maryland must be filed within three years of the victim’s death. A wrongful death case also holds negligent drivers accountable for their actions, which can make the roads a safer place by discouraging dangerous driving behavior.

Bus Driver Drove Wildly to Quiet Teens Before Fatal Crash

According to one news source, a bus driver’s dangerous driving led to a fatal bus rash. The bus driver was apparently trying to keep teen passengers quiet by driving wildly, according to a passenger. The bus was transporting a group of teenagers from a youth group back from a field trip. According to a counselor, the driver was angry that the kids were making a lot of noise and was driving erratically to try to get them to be quiet.

Liability of an Employer After a Maryland Truck Accident

September 30, 2021 | Lebowitz & Mzhen

If a Maryland truck accident is caused by a truck driver while driving a truck owned by their employer, it is possible that the employer will be liable for injuries that result from the crash. The employer may be liable based on its own actions—like failing to fix a broken truck or secure a load, for example—or based on vicarious liability.

What Is Vicarious Liability?

Vicarious liability refers to the liability of a person or entity based on their relationship to another person or entity that acted wrongfully. The party that is vicariously liable for another’s actions does not have to have acted wrongfully in order to be held liable. Often, vicarious liability arises out of an employer-employee relationship. If an employee causes an accident while acting within the scope of the employee’s employment, the employer generally is liable for the employee’s negligent actions. This means that the employer is liable for any damages that result because of the employee’s negligent actions. Acting within the scope of employment generally means acting in furtherance of the employer’s business and while carrying out an act authorized by the employer. But whether an employee was acting within the scope of employment is normally a question that a jury must decide.

Dangerous Underride Truck Accidents Put Maryland Drivers at Risk

September 23, 2021 | Lebowitz & Mzhen

Accidents involving semi-trucks can occur at any time of day and in any weather condition. But when wet weather and slippery road conditions make roads unsafe, the chances of collisions between cars and trucks increase. Underride accidents, where smaller passenger cars collide with large trailers and trucks are often deadly because the difference in the size of the vehicles causes a car to become compressed under the trailer, either from the side or behind the trailer, and sometimes even from the front in a head-on collision. A car can become involved in a side underride accident when a semi-truck or tractor-trailer is turning and the driver does not see the truck in their path or the driver assumes the truck will leave its path sooner than it does. While large trucks are required to have rear underride guards to prevent cars from sliding under the rear of the vehicle in the case of a collision, there is not currently a similar requirement for side underride guards, increasing the likelihood of a devastating accident.

A recent example involves an accident on a slippery road that caused a car to crash into big-rig trailer as it was making a turn into the left lane, resulting in the car sliding under the trailer and becoming wedged between the road and the trailer, flattening the roof of the car. In this instance, the driver of the car was alive and conscious at the time that first responders got to the scene and was transported to the hospital. While his condition was not reported, it is likely that the driver will face a long journey toward recovery and significant medical bills. However, if the truck had side underride guards, the accident would likely have been less serious.

In 2019, bipartisan efforts in the Senate led to the introduction of the Stop Underrides Act, requiring front, rear, and side underride guards for certain trucks and trailers. But as of now, it has not been passed. In cases where an underride accident may have been prevented if there was an appropriate underride guard installed, victims or their families may be inclined to sue for damages. The impact of losing a loved one or losing one’s freedom due to a severe injury does not come with a price, but there are significant costs that come with a major accident. For those costs, victims should be entitled to receive full compensation for their physical and emotional losses, whether it is loss of mobility, independence, or loss of life itself.

What to Do After a Fatal Maryland Truck Accident

September 16, 2021 | Lebowitz & Mzhen

Interstates and highways are often the scenes of serious truck accidents and, unfortunately, claim many lives each year. At high speeds, trucks can easily cause multi-vehicle crashes when drivers are distracted or fall asleep at the wheel. Losing a loved one in a truck accident is devastating and shocking, and family members often don’t know what their options are or how to pursue them. Under state law, family members can recover damages to help pay for the costly and painful impact of losing a loved one in a Maryland truck accident.

In a recent accident, a careless truck driver was driving one morning when he collided with multiple passing cars, leaving a father and his young son dead, and many others injured. According to a news report, the series of events started when the semi-truck driver rear-ended a car and then continued to drive for at least a mile down the interstate, hitting four more cars and injuring others in the process. The surviving drivers and passengers were taken to nearby hospitals. The driver was taken into police custody soon after the collisions and faces criminal charges in addition to whatever civil claims the victims and their families may file.

A fatal car accident can be a shock and surviving family members may not know where to turn or what to do to get justice for their loved ones. While most people are familiar with criminal charges that reckless drivers may face for causing an accident, they may not know that there are often civil remedies available to them as well that can help recover financially, even though nothing can bring back their loved one.

Understanding the Damages Available to Maryland Trucking Accident Victims

September 9, 2021 | Lebowitz & Mzhen

Trucking accidents often lead to serious or fatal injuries because of the strength and power of the vehicles involved. Victims of Maryland trucking accidents may be dealing with debilitating injuries, the loss of employment, and even the loss of a loved one. If another individual or entity is responsible for injuries arising from a Maryland trucking accident, victims can file claims against those responsible to recover damages for their losses.

What Damages Can Maryland Truck Accident Victims Recover?

In a truck accident claim, all damages must be proven at trial, unless the parties agree to settle the claim prior to trial. Damages that are recoverable depend on the facts and circumstances of the case, but generally, damages can be recovered for the injuries and losses that the plaintiff suffered due to the defendant’s wrongful actions. Compensatory damages refer to the damages that compensate the victim for the losses suffered. In general, compensatory damages can be divided into two categories: economic and non-economic damages. Economic damages are those with a fixed dollar value, such as the cost of medical treatment, lost wages, the cost of physical therapy, and transportation costs. Non-economic damages do not have a fixed dollar value, such as mental suffering, loss of companionship, and loss of parental or filial care. Economic damages do not have a limit, but there is generally a limit on non-economic damages in Maryland accident cases. Punitive damages are also available in some cases. In a Maryland injury case, punitive damages may be awarded if the defendant acted with actual malice, or with knowing and deliberate wrongdoing. Punitive damages are awarded in cases to serve as a deterrent for others or as a punishment for the defendant’s malicious actions.

Navigating Maryland Truck Accident Crashes Caused by Drug-Impaired Truck Drivers

August 31, 2021 | Lebowitz & Mzhen

Although DUI crash statistics often focus on the use of alcohol, Maryland DUI crashes can also be caused by the use of drugs. A DUI offense in Maryland includes driving while impaired by a drug, combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance. This includes prescription drugs or controlled substances taken for medicinal use. Drivers who operate a vehicle while under the influence of drugs may be liable for any resulting injuries or damages. And while traffic decreased due to the pandemic, crashes involving alcohol and drugs increased. The National Highway Traffic Safety Administration (NHTSA) found that in a study of five hospitals between March 2020 and July 2020, almost two-thirds of seriously or fatally injured drivers tested positive for at least one drug.

Does a Drunk Driver Need to Be Convicted of a Crime for Victims to Pursue a Personal Injury Case?

No, victims in a Maryland DUI truck accident may be able to recover financial compensation through a personal injury claim, even in a case where the truck driver was not convicted of a crime for driving while under the influence. The standard for proving a civil case is not as high as in a criminal case and only requires that a plaintiff proves the case by a preponderance of the evidence. Still, evidence of a driver’s conviction in criminal court may be useful evidence in a civil case against the driver.