Fatal Trucking Accidents

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.

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.