Fatal Trucking Accidents

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.

Truck Driver Rear-Ends Amish Buggy, Killing One

March 24, 2016 | Lebowitz & Mzhen

Large trucks that carry products from one end of the country to the other are necessary to our society, but they come with a good amount of risk as well. Trucks are large, cumbersome, difficult to control, and require a specialized knowledge to operate safely. In fact, in all fifty states, commercial truck drivers need a special license before they are permitted to drive a rig.

While driving a truck is not an easy task, it is one that a truck driver voluntarily assumes. The same can be said about the heightened duty that truck drivers take on, as well. In fact, any time a truck driver is found to have negligently caused an accident, that driver may be held liable to anyone injured as a result. In cases where a truck accident results in a fatality, then that accident victim’s family may pursue a wrongful death case against that driver.

A wrongful death case is a special kind of lawsuit brought by the surviving family members of a deceased accident victim. Once a person is deemed an appropriate plaintiff by establishing their relationship to the deceased, a wrongful death case operates much like a traditional negligence case, requiring the plaintiff to prove that the defendant’s negligent actions resulted in the death of their loved one.

Truck Driver’s Employer Found Liable for Failing to Arrange Safe Crossing at Narrow Bridge

March 10, 2016 | Lebowitz & Mzhen

Earlier this month, a Missouri appellate court issued a written opinion in the case of Brown v. Davis, holding that a truck driver’s employer could properly be held liable for his role in a fatal accident occurring on a narrow bridge. The court determined that the employer did owe the victim a legal duty to ensure a safe crossing across the narrow bridge where the accident occurred, and that the employer breached that duty when he failed to arrange for a safe crossing.

The Facts of the Case

The defendant was the employer of a truck driver who was towing a logging machine on a flatbed trailer. Since the loaded trailer was wider than a single lane, it protruded into the oncoming lane in areas where the road was narrow. One such location where the load protruded into the opposite lane was a narrow bridge.

Before the truck driver crossed the bridge, the driver’s employer crossed and made sure that it was clear. However, the employer told the driver that the bridge was “all clear” when it was not. A car came over the bridge, and the truck driver knew that there was not likely room for both, so he moved over as much as he could. As he moved over, the logging machine struck the side of the bridge, came loose, and collided with the other vehicle, killing the driver.

Fatal Hit-and-Run Accidents involving Large Trucks

January 27, 2016 | Lebowitz & Mzhen

Every driver on the road owes a duty of care to the other motorists with whom he or she shares the road. This duty encompasses a wide range of conduct. Some conduct is required under certain circumstances, and other conduct is prohibited. It is up to the motorist to know what to do and act appropriately in the circumstances. One of the duties all drivers have to others on the road is to stop and render assistance to anyone involved in a vehicle accident, regardless of who is at fault and whether it looked as though anyone was injured.

Truck drivers, with their large, cumbersome vehicles, are no exception to this rule. In fact, many duties and “rules of the road” are more strictly enforced against truck drivers, since they are commercial drivers. When a truck driver causes an accident, or is even involved in an accident that was not his or her fault, that driver must stop to exchange information with the other parties involved, as well as to determine if they need any medical assistance. If they do, the truck’s driver is legally responsible to help them obtain that assistance. This may mean just exchanging information if the accident is minor or calling 9-1-1 and waiting for an ambulance to arrive in more serious accidents.

A driver’s failure to live up to this duty may result in that driver being held liable for an accident victim’s injuries.

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.”

Truck in Prince George’s County Crashes Through Barrier and Falls Off Overpass; Driver Dies as a Result

October 19, 2015 | Lebowitz & Mzhen

Earlier this month near Washington, D.C., one man died when the semi-truck he was operating crashed through a barrier and then fell off an overpass, killing him instantly. According to one local news source, the accident occurred on the Suitland Parkway in Prince George’s County, on a Friday early in the morning before rush hour traffic began.

Evidently, the truck driver was operating a vehicle that was full of reams of paper. At some point along the Outer Loop of the Beltway, the driver lost control of the truck, and it crashed through a guardrail and off an overpass. The truck itself sustained major damage, and the driver was killed on impact. Thankfully, no other vehicles or people were involved in the accident. Police are not sure what caused the driver to lose control of the truck, but an investigation is underway, and detectives are looking into potential causes.

Common Causes of Maryland Truck Accidents

While most accidents are the result of some kind of driver error, that error is not always known in the minutes, hours, or even days following the accident. In some cases, months-long investigations must be completed before the truth comes out.

Highway Truck Accident Caused By Roadway Debris Kills One

October 14, 2015 | Lebowitz & Mzhen

The driver of a tanker truck was killed earlier this month when he was involved in a serious accident with another vehicle on the New Jersey Turnpike. According to one local news source, the accident resulted after a semi-truck slammed into the rear of another vehicle that had begun to slow down due to mattresses that were in the roadway.

Evidently, after the initial collision with the vehicle in front of it, the tanker truck then crashed through the guard rail and drove off the right shoulder of the road. The tanker slid over onto its right side and then burst into flames. The truck burned for nearly two hours before emergency personnel were able to control the fire, which could be seen for miles.

The driver of the truck was unable to make it out of the truck alive and passed away from his injuries at the scene. The driver of the other vehicle, thankfully, suffered only minor injuries and is expected to make a full recovery.

Truck Driver Responsible for Accident Critically Injuring Tracy Morgan Seeks Dismissal of Criminal Charges

September 10, 2015 | Lebowitz & Mzhen

Last year, actor and comedian Tracy Morgan was involved in a New Jersey truck accident that left Morgan seriously injured and claimed the life of one of his good friends, James McNair. According to a report by People Magazine, the Wal-Mart truck driver who was behind the wheel when the accident occurred has recently asked a judge to dismiss the criminal charges that were filed against him after the accident.

Court documents filed by the truck driver’s attorney claim that the driver will not be able to get a fair trial, due to the mass media coverage of the accident. The National Transportation Safety Board conducted an investigation into the accident and determined that the truck driver was at fault.

Back on June 7, 2014, the driver of the truck rear-ended the vehicle Morgan and friends were in while on the New Jersey Turnpike. A subsequent investigation revealed that the driver had not slept for the past 28 hours and was traveling at least 10 miles per hour over the posted speed limit in a construction zone.