Fatal Trucking Accidents

The Feres Doctrine May Act to Preclude Maryland Military Personnel from Pursuing Claims Against the Government

June 12, 2019 | Lebowitz & Mzhen

Those who have been injured in a serious Maryland personal injury accident allegedly caused by a government employee can generally pursue a claim against the government under the Federal Tort Claims Act (FTCA). While the federal government was originally immune from civil liability, the FTCA acts as a waiver of governmental immunity in certain situations. However, if an accident victim is unable to establish that their claim falls under the FTCA, then a court will likely dismiss the case on the grounds of immunity.

The Feres doctrine is an exception to the FTCA. The doctrine was essentially created by the United States Supreme Court in the case, Feres v. United States. Specifically, the doctrine holds that the United States cannot be held liable by military personnel who are injured while on active duty (and not on furlough) and are injured as a result of another military personnel’s negligence. The practical effect of the Feres doctrine is that those on active military duty cannot pursue a personal injury or wrongful death claim against the United States if another service member’s negligence caused their injuries.

Application of the Feres doctrine can result in seemingly unfair results; however, before the government can rely on the doctrine, it must prove that each of the elements is met. A recent fatal traffic accident provides an example of a situation where the Feres doctrine may not be appropriate.

Maryland Multi-Vehicle Accidents Involving Large Commercial Vehicles

May 13, 2019 | Lebowitz & Mzhen

After a Maryland truck accident, anyone injured in the accident can pursue a claim for compensation against any party they believe was responsible for causing their injuries. In many truck accident cases, both the truck driver as well as the driver’s employer can be named as a defendant.

To establish liability against a trucking company, the plaintiff must be able to show that the truck driver was acting within the scope of his employment at the time of the accident. Naming a truck driver’s employer as a defendant can be critical to an injury victim’s ability to fully recover for their injuries because the damages sustained in a serious Maryland truck accident may exceed the personal insurance limits of an individual truck driver.

Under Maryland law, when a plaintiff names multiple defendants in a lawsuit, the jury will first determine the total damages suffered by the plaintiff. Then, the jury will be asked to assign a percentage of fault to each party, including the plaintiff.

Equipment Failures Are Among the Leading Causes of Maryland Truck Accidents

May 7, 2019 | Lebowitz & Mzhen

When one thinks of a Maryland truck accident, images of an intoxicated, sleepy, or distracted truck driver often come to mind. And while it’s true that these account for a large number of Maryland truck accidents, equipment failure is also a major – and often overlooked – cause of these serious accidents.

Like all vehicles that are licensed to operate on Maryland’s public roads, semi-trucks must pass certain safety inspections. The Department of Transportation (DOT) requires that all trucks are inspected at least annually. There are six types of DOT annual inspections, some being much more thorough than others. Generally, these inspections review the fitness of the driver as well as the vehicle. In addition to the DOT annual inspection, motor carriers are responsible for performing periodic vehicle inspections. These periodic inspections focus on the various components of the vehicle, such as the braking system, steering system, lights, exhaust, as well as the tires and rims.

When a semi-truck or other large commercial vehicle is not properly inspected, the chance of the vehicle being involved in a serious Maryland car accident drastically increases. These accidents can have a devastating impact on nearby vehicles. Depending on the nature of an equipment failure, there may be several parties that can be held liable for an accident victim’s injuries.

Are Cars with Autopilot Technology a Danger to Maryland Motorists?

March 12, 2019 | Lebowitz & Mzhen

The mass production of cars that are equipped with autopilot technology is now a reality. For the most part, the technology works well and is generally accepted to be safe. However, many are concerned that the increased prevalence of these vehicles will result in a spike in Maryland truck accidents.

In fact, earlier this month, another fatal collision involving a Tesla vehicle occurred on a Florida highway. According to a recent news report, the crash occurred when an eastbound semi-truck came to a stop at a stop sign. After the semi-truck entered the intersection in preparation to make a left-hand turn, a south-bound Tesla crashed into the side of the truck. Apparently, neither the car’s autopilot technology nor the driver of the Tesla saw the truck enter the highway.

The collision sheared the roof off of the Tesla, and the car continued in auto-pilot mode for another 500 yards before coming to a complete stop. The driver was pronounced dead at the scene by emergency responders.

Expert Testimony in Maryland Truck Accidents

February 20, 2019 | Lebowitz & Mzhen

When many people think of expert testimony, they envision a professor-like witness discussing complex scientific or medical issues in a Maryland medical malpractice case. However, expert witnesses may be used in all types of personal injury cases, including Maryland truck accident cases.

Under Maryland Code, Rule 5-702, expert testimony may be admitted when the proponent of the evidence can show that “the testimony will assist the trier of fact to understand the evidence or to determine a fact in issue.” In a recent federal appellate case, the court determined that a state trooper properly testified as an expert witness.

The Facts of the Case

According to the court’s recitation of the facts giving rise to the case, the plaintiff was a truck driver who was seriously burned after another truck driver inexplicably crossed over the center median and collided head-on with the plaintiff’s truck. The collision caused a major explosion, which resulted in the death of the at-fault truck driver as well as the plaintiff’s serious burns.

Can a Truck Driver’s Employer Be Held Liable in a Maryland Truck Accident?

January 18, 2019 | Lebowitz & Mzhen

One question that frequently comes up when discussing how a Maryland truck accident victim can recover for their injuries is whether the at-fault truck driver’s employer can also be held responsible. As is often the case with legal determinations, the answer depends on the circumstances surrounding the accident and the relationship between the parties.

Employers can be held vicariously liable for the negligent acts of their employees under the doctrine of respondeat superior. As a general matter, to establish an employer’s liability a plaintiff must show that the employee’s allegedly negligent actions were within the scope of their employment.

Under Maryland case law, courts look beyond the question of whether the employee’s actions occurred while the employee was working for the employer, and focus instead on whether the employee’s actions were in furtherance of the employer’s business. Simplified, courts look to whether the employee’s actions were incidental to their job. However, before courts get to this question the plaintiff must first establish that an employee/employer relationship existed. A recent case illustrates how this situation may arise.

Maryland Rule of Evidence 403: A Question of Probative Value Versus Unfair Prejudice

January 4, 2019 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion in a personal injury case discussing an important evidentiary concept that frequently arises in Maryland personal injury cases. The case required the court to determine whether evidence of the plaintiff’s mental health issues and intoxication should be admitted under the rules of evidence.

The Facts of the Case

According to the court’s opinion, the plaintiff was killed when she was struck by a truck that was driving at a low speed. The evidence was conflicting, but the ultimate issue in the case was whether the plaintiff walked out in front of the truck and, if so, whether the truck driver waved toward the plaintiff to go ahead of him.

The defense wanted to introduce evidence that the plaintiff suffered from mental health issues and had alcohol and drugs in her system at the time of the accident. The plaintiff objected, arguing that the proposed evidence was far more prejudicial than it was probative, and thus should be excluded.

Joint and Several Liability in Maryland Personal Injury Cases

December 19, 2018 | Lebowitz & Mzhen

After a Maryland truck accident, the injured party may pursue a claim for compensation against all potentially responsible parties. Therefore, it is not uncommon that a jury will return a verdict against multiple parties. Under state law, the jury must assign a portion of fault to each of the defendants.

Once the jury has determined each party’s percentage of fault, the defendants will each be required to compensate the plaintiff accordingly. However, the issue frequently arises that one or more of the defendants do not have the resources to pay the plaintiff. This puts the plaintiff in the position of having secured a judgment that they cannot enforce. To solve this problem, Maryland lawmakers have enacted a joint-and-several liability framework that allows for a plaintiff to recover the total damages award from any of the responsible parties.

Joint and Several Liability

Under Maryland’s joint and several liability statute, each of the defendants who are determined to be responsible for the plaintiff’s injuries are responsible for the full amount of damages awarded. It is then up to a defendant who overpaid their share to seek contribution from the other defendants. This shifts the burden of collecting payment away from an innocent plaintiff and onto the defendants. Recently, a state appellate court issued a written opinion in a personal injury case illustrating the concept of joint and several liability.

The Doctrines of Vicarious Liability, Negligent Entrustment, and Respondeat Superior

October 24, 2018 | Lebowitz & Mzhen

One of the most critical decisions that must be made early on in a Maryland personal injury case is which parties to name as defendants and which claims to pursue. This is particularly important in Maryland truck accidents because truck drivers are frequently working at the time of the accident. Thus, the circumstances of a truck accident often mean that a truck driver’s employer and the owner of the truck should also be considered as potential defendants.

Under Maryland law, there are several theories of liability that may come into play in truck accident cases. A recent case discusses two commonly conflated claims, and illustrates why they are unique from one another.

The Facts of the Case

The plaintiff was killed in a motorcycle accident when a truck driver attempted to make an improper left turn as the plaintiff approached the intersection. The truck driver was working at the time of the crash, and was later found to be under the influence of prohibited prescription medication.

Wrongful Death Claims Following Fatal Maryland Truck Accidents

September 26, 2018 | Lebowitz & Mzhen

Any time a truck driver’s negligence results in a Maryland truck accident, the responsible parties may be liable to the victims of the accident for their injuries. In the event that other motorists involved in the accident are killed, the surviving family members may consider filing a Maryland wrongful death lawsuit.

Maryland’s Wrongful Death Statute

Under Maryland Code section 3-904, the surviving loved ones of an accident victim can pursue a wrongful death claim seeking compensation for the loss of their loved one. In order to successfully recover in a Maryland wrongful death claim, a plaintiff must first establish that they are a proper party.

Maryland law allows for a “primary beneficiary” to bring a wrongful death claim. A primary beneficiary is anyone who is the spouse, child, or parent of the deceased. If the deceased does not have a primary beneficiary, then a secondary beneficiary can bring a Maryland wrongful death lawsuit. A secondary beneficiary is defined as anyone who was related to the deceased by blood or marriage, and was “substantially dependent” upon them.