Under Maryland law, trucks and other motor vehicles are required to carry a certain amount of liability coverage under their insurance policies. The state of Maryland regulates insurance policies, including uninsured motorist policies. Under the Maryland Insurance Code, uninsured motorists are defined as motor vehicles of which the “ownership, maintenance, or use” has resulted in the injury or death of an insured, and for which the liability limits for the injuries are less than the amount of coverage provided under the statute, or the limits have been reduced by other payments to an amount less than the amount of coverage provided under the statute. In Maryland truck accidents involving uninsured motorists, who may not carry sufficient coverage, can make recovery more difficult for accident victims.
In one recent case, the Supreme Court of Virginia considered whether an uninsured motorist provision covered the injuries of a special needs child who was injured on a school bus. In that case, the child, who was 10 years old, had autism and was not able to speak. The bus driver and an aide allegedly kicked, choked, and elbowed another student on the bus, and hit the plaintiff more than once during the incident. Both students were restrained by special needs harnesses. The plaintiff requested a determination by the court that the uninsured motorist provision in the policy provided coverage for his injuries. The bus’s insurance policy contained an uninsured motorist provision, which covered the insured’s damages for bodily injuries that arose out of the “ownership, maintenance, or use” of the uninsured motor vehicle.
The issue before the court was whether the injuries arose out of the use of the school bus as a means of transportation. The court found there was no causal connection between the boy’s injuries and the use of the school bus as a means of transportation. The court found that because the alleged conduct was criminal, it was not a foreseeable risk of transporting a child to school, and was not within the bus’s policy.
The court further found that the implements that caused the injuries were the staff’s hands, feet, elbows, a flyswatter, and chemical spray, which were all implements independent of the vehicle. It also found that the special needs harnesses may have made the incident easier to occur but that the incident could have occurred without the restraints, and was not connected to the use of the bus as a means of transportation. Therefore, the court found the uninsured motorist provision did not cover the child’s injuries.
Contact a Maryland Truck Accident Lawyer
If you or a loved one has been injured in a Maryland truck accident or any other type of accident, contact an experienced personal injury lawyer as soon as possible. The Maryland truck accident lawyers at Lebowitz & Mzhen, Personal Injury Lawyers understand how easily a person can become a victim because of the careless, negligent, or even intentional acts of others. The experienced trial lawyers at Lebowitz & Mzhen have the legal skills and courtroom experience to assist victims that are looking to file claims against the responsible parties. Call them toll-free at (800) 654-1949 or email them to schedule a free, no-obligation consultation.