Fatal Trucking Accidents

Semi-Truck Drivers and the Responsibility They Owe to the Public

January 4, 2017 | Lebowitz & Mzhen

Semi-truck accidents are known to be some of the most dangerous accidents, and also some of the most difficult to avoid. Unlike many other accidents, there is often little to nothing other motorists can do to avoid a semi-truck accident. This is especially the case when semi-trucks are being driven at high speeds.

To help manage the risk that semi-trucks pose on our nation’s highways, state and federal lawmakers have enacted rules and regulations for the trucking industry. For example, truck drivers must obtain a commercial driver’s license, can only drive a certain number of hours per day and per week, and depending on what they are transporting, may be required to pre-register their cargo as well as their chosen route. All these regulations are enacted to keep the general public safe, and when a semi-truck driver or trucking company fails to follow these rules, they may be held liable for any injuries caused as a result.

Chain-Reaction Accident on Expressway Claims Three Lives, Injures Several Others

Earlier this week in New York City, a semi-truck accident on the Cross Bronx Expressway killed three motorists and injured several others. According to one local news source covering the tragic accident, a semi-truck was stopped in traffic in the middle of the Expressway when another truck came from behind. The second truck failed to stop in time to avoid a collision, and it slammed into the rear of a pick-up truck that had come to a stop behind the first truck. Another passenger vehicle was also struck by the second truck.

Man Charged in Accidental Death Caused by Runaway Dump Truck

December 26, 2016 | Lebowitz & Mzhen

Earlier this month in North Carolina, a five-year-old boy was killed when he was struck by an unattended dump truck. According to one local news report covering the tragedy, police investigating the accident believe that the truck was not properly secured when it was left unattended by the construction crew.

Evidently, the truck was parked on the side of a road in a residential neighborhood, near the top of a hill. A witness to the accident told reporters that a construction worker exited the truck, and then shortly afterward, the truck started rolling down the hill. The truck rolled for approximately 100 yards, taking down overhead power lines along the way, until it entered a resident’s driveway. The resident’s five-year-old boy was playing in the driveway and was struck by the unmanned dump truck. The young boy was taken to a nearby hospital, where he was pronounced dead.

Police arrested one man, whom they claim was responsible for the dump truck before it began to roll away. While the police have not disclosed the evidence they are using to make their assessment, they believe that the dump truck was not properly restrained when the construction worker exited the truck. Police are also looking into the safety record of the construction company to determine if similar violations have occurred in the past.

I-95 Truck Accident Claims Four Lives

November 16, 2016 | Lebowitz & Mzhen

Earlier this month in South Carolina, four Maryland residents died after the vehicle in which they were riding was struck from behind by a semi-truck. According to an article in the Baltimore Sun, the victims included three siblings aged four, five, and seven, as well as another woman. Her relationship to the children is unknown.

The accident took place on Interstate 95 at around 4:00 in the morning. Evidently, the accident victims were heading southbound on I-95 in their 2001 Ford Taurus when an approaching semi-truck rear-ended them. The force from the collision pushed the car into a nearby ravine, where it struck several trees before coming to a rest. The truck also ended up in the ravine, falling on top of the car and trapping the occupants in the rear of the vehicle.

The driver and the front-seat passenger of the vehicle were able to escape, although they suffered serious injuries. However, all four people in the rear of the car were pronounced dead by emergency workers. The driver of the semi-truck suffered minor injuries. Police are still investigating the cause of the accident.

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.

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.

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.

Evidence of Repeated Safety Violations May Be Relevant in Maryland Truck Accident Cases

July 21, 2016 | Lebowitz & Mzhen

Semi-trucks and other commercial vehicles and the employees operating them are required to abide by various safety regulations and guidelines that may not apply to normal drivers. Companies and drivers can be cited by state transportation authorities if an inspection or accident reveals violations of the driving or equipment regulations established by the authorities. Companies or drivers with repeated or excessive violations may face administrative consequences, especially in the event of an accident related to the violation.

The Role of Previous Safety Violations in an Accident Lawsuit

The victims of a Maryland semi-truck accident may discover that the commercial vehicle or driver involved in their crash has been cited in the past for a safety violation that relates to the apparent cause of their own accident. As the plaintiff in a Maryland truck accident lawsuit, the accident victim may be able to introduce evidence of previous safety violations to demonstrate the defendant’s negligence in causing the accident. Evidence that a defendant has repeatedly violated safety regulations in the past should give the plaintiff an advantage in making the case for damages. However, this evidence will not necessarily be admitted without litigation over its admission.

Punitive Damages and a Pattern of Gross Negligence in Maryland and D.C.

In some jurisdictions, an accident victim may be entitled to additional damages above and beyond the economic and noneconomic damages relating to their injuries from the accident. In Maryland, punitive damages may only be awarded in a negligence lawsuit by showing actual malice, but in Washington, D.C., punitive damages can be awarded when a defendant has acted in willful disregard of the plaintiff’s rights and was reckless toward the plaintiff’s safety. In some cases, it could be argued that a pattern of gross negligence by a defendant who was guilty of repeated safety violations that resulted in an accident justifies an award of punitive damages to the plaintiff.

The Importance of “Venue” in a Truck Accident Case

June 10, 2016 | Lebowitz & Mzhen

Not all courts are the same. While judges are all supposed to follow the law as it is written, there are situations in which a case does not neatly fit into the laws as they currently stand. In such cases, judges may be required to interpret statutes or give meaning to previous judicial opinions and apply this analysis to the facts in the case before them. This can result in a situation in which the judge “creates” the law as it applies to the specific case.

Because of this, it can be very important which court hears a case. A recent case before the Texas Supreme Court highlights the lengths parties will go to in ensuring that the venue hearing the case is of their own choice.

In re J.B. Hunt Transport, Inc.

In this case, J.B. Hunt was a trucking company that employed a truck driver who was involved in a fatal accident that claimed the life of another motorist. According to the court’s written opinion, an Isuzu Rodeo broke down on the highway and pulled off to the far-right lane. A truck owned by J.B. Hunt was driving in that same lane, and after a few moments, the truck slammed into the rear of the Isuzu, killing one of the occupants.

Settlement Reached in Tragic Truck Accident that Killed Five Nursing Students

May 4, 2016 | Lebowitz & Mzhen

On April 22nd of last year, a fatal truck accident claimed the lives of five young nursing students from Georgia Southern University. Earlier this month, a settlement agreement was reached with four of the five families of the deceased students. According to one local news source, the exact terms of each of the settlements is not yet known, but one family will be receiving $14 million for the loss of their daughter.

The Accident

At around six in the morning on the day of the accident, seven nursing students were carpooling to a Savannah hospital for training. The students were split up in two cars and were driving on Interstate 16, when an unrelated collision up ahead of the students slowed traffic down to stop-and-go speeds. As the students’ vehicles were stopped, a truck driver came at full speed from behind and crashed into the vehicles.

The truck first made contact with a Toyota Corolla carrying three of the students. After the initial collision, the truck rolled over the Corolla, killing all three inside. Then, the truck slammed into a Ford Escape carrying four other students. The Escape was thrown into the air as a result of the collision and then rolled multiple times. Two of the occupants were ejected from the vehicle and died at the scene. The driver of the Escape was trapped behind the car’s steering wheel, and she needed to be extricated by emergency responders. She was taken to the hospital but was unable to recover from her injuries. She passed away a few hours later.

Truck Accident Case Dismissed Based on Lack of Reliable Evidence of Negligence

April 13, 2016 | Lebowitz & Mzhen

In most personal injury cases, the judge plays a fairly limited role, leaving the ultimate decision of whether the defendant was liable for the plaintiff’s injuries up to the jury. In the early stages of litigation, a judge also acts as a gatekeeper, ensuring that only meritorious cases reach the jury. If a party asks the judge to dismiss the case based on a lack of evidence, and the judge agrees, a case may get dismissed before it is even put before a jury. That is exactly what happened in a recent wrongful death case involving an allegedly negligent truck driver.

Moreno v. TLSL: The Facts

In the case of Moreno v. TLSL, the plaintiff brought a wrongful death case on behalf of a man who was killed when the pickup truck he was driving slammed into the back of a semi-truck. In pre-trial depositions, several parties provided the court with testimony. After that process was complete, the defendant asked the court to dismiss the case, based on there not being any evidence of his being negligent.

The parties presented wildly different versions of what had occurred. The semi-truck driver testified that he merged onto the highway when he saw the deceased’s headlights in his mirrors. He estimated that the vehicle was about three-quarters of a mile behind him at the time he entered the highway. However, the vehicle behind him quickly approached and eventually crashed into the back of his truck. The truck driver guessed he was going at about 35 miles per hour when the collision occurred.