Articles Posted in Truck Accidents

Based on recent news stories the state of Maryland has been named in a $7 million wrongful death suit in regard to a fatal car-truck accident that occurred on the Chesapeake Bay Bridge in August 2008. Dozens of people are killed or injured every year in tractor-trailer accidents across Maryland; some of these victims are actually semi drivers themselves who have been killed or critically injured due to another person’s negligence.

As trucking accident attorneys, the legal professionals at Lebowitz & Mzhen Personal Injury Lawyers have the knowledge and experience to represent victims and their families in cases not unlike the one reported here. This time, according to news articles, the state of Maryland has been named as one of the defendants in a lawsuit growing out of a deadly traffic accident.

According to reports, a trucker died during the accident in question, which was allegedly caused by a 19-year-old woman who fell asleep while driving across the Bay Bridge. News articles at the time said that Candy Baldwin had been to a wedding earlier and apparently fell asleep while passing across the bridge. This caused a truck driver to swerve his rig to avoid crashing into the young woman’s car.

As Maryland truck accident attorneys, over the years my colleagues and I have represented numerous trucking crash victims and their families. Trucking collisions don’t only injure pedestrians and drivers of other cars and SUVs, these kinds of tractor-trailer and delivery truck accidents also cause injury to the truck drivers operating them. A recent article illustrates this one type of truck crash that resulted in the untimely death of a teenage driver and the severe injury of the other passenger of that vehicle.

While the preliminary police report issued at the time of the news article indicated that the single-vehicle accident was a result of driver error combined with less than optimal road conditions, there could also be a chance of defective equipment, such as worn tires or other mechanical failure.

According to news reports, a 19-year-old driver died several days following a single-truck crash on Route 100 in Anne Arundel County. Police reports showed that Dakota Kelly Alder of Pasadena, MD, died from injuries sustained during a crash four days earlier near the Route 100 and Interstate 97 interchange.

As personal injury and trucking accident attorneys, we at Lebowitz & Mzhen Personal Injury Lawyers know how over-matched a passenger vehicle is when it comes up against a semi tractor-trailer. Over-the-road rigs weigh many times more than even the largest SUV or pickup truck, much less a small family sedan or compact sport utility vehicle. Like it or not, truck drivers hold the lives of the driving public in their hands when operating these heavy-duty vehicles on public roads. A recent trucking-related crash on the Pulaski Expressway near White Marsh, MD, proves this point.

According to news reports, Linda and Charles Buckland of Edgewood, Maryland, were traveling westbound on the Pulaski Expressway around 1:45am on the morning of Sunday, October 11, when their vehicle collided with a Kenworth tractor that was entering the highway from nearby Stevens Road.

Reportedly, the Buckland’s 2003 Chevrolet Tracker, a compact SUV, was severely damaged in the accident, which fatally injured the driver, 57-year-old Mrs. Buckland. Mr. Buckland, 62, who was riding in the passenger seat, was seriously injured in the early morning wreck, according to police.

A recent semi-truck accident near Baltimore, MD, resulted in a dangerous car fire that could have killed three members of a family whose compact car was hit by the truck on a Saturday afternoon. My firm, Lebowitz & Mzhen Personal Injury Lawyers, represents victims of heavy truck crashes not unlike the one that occurred on Interstate 95 in late September. Trucking accidents involving small cars can result in serious injuries and occasionally death. Fortunately, it looks like all three occupants of the small car were rescued and survived the ordeal.

According to new accounts, fire rescue workers from Baltimore City’s fire department rushed to the scene of a truck-car crash on the southbound side of I-95 near I-396 North in the early afternoon of September 26. First responders found a small car enveloped in flames having been struck by a tractor trailer.

After suppressing much of the flames, fire department personnel worked to free three trapped family members from the wrecked and smoldering vehicle. Names were not released at the time of the incident, however police reports show that one adult male, an adult pregnant woman and male child were all caught inside the burning vehicle.

As Maryland trucking accident lawyers, we understand the seriousness of any highway traffic accident involving semi-tractor trailers. Every year, hundreds and even thousands of heavy trucks are involved in multi-vehicle accidents, usually resulting in serious injuries to the smaller cars caught up in the collision; some wrecks are fatal to the occupants of these passenger cars. This is an unfortunate fact when it comes to these big rigs.

What’s worse is that statistics show that large trucks are more likely to be involved in serious multiple-vehicle collisions than sedans, coupes or other smaller passenger cars. These statistics also indicate that time and time again injuries resulting from truck accidents can be much more serious and many times fatal. Common injuries include spinal cord damage, severe brain trauma, broken bones and other serious and permanent bodily harm.

Because heavy trucks such as Macks, Kenworths, Peterbuilts, Freightliners and other makes are important to the commerce of this country, the volume and frequency of these large vehicles on public roads will always be significant, especially during weekdays. Busy metropolitan areas get their fair share of truck traffic, both on expressways and surface streets near industrial parks.

Shannon Brown is a very lucky woman. Not because she recently received just over $1 million in a trucking accident lawsuit, but mainly because she is alive to talk about it. As a Maryland trucking accident and personal injury attorney, I have represented people like Shannon who have been injured in heavy truck and tractor-trailer crashes as a result of another person’s negligence. These types of truck-car collisions happen quite frequently in the Baltimore area and in other cities and towns across the state. Many times the outcome is quite tragic.

Trucking accidents can result at the very least in cuts and bruises. At worst passenger vehicle occupants can many times suffer compound fractures, concussions and traumatic brain injuries, and spinal damage. Fatalities are common. Occupants of passenger cars are at much higher risk of injury or death when it comes to being hit by a large over-the-road truck than by another car. Such was the case back in 2006 when Shannon and her little baby boy became victims of another driver’s carelessness.

The accident occurred on July 13, 2006, when a tanker truck ran a red light and hit Brown’s car. Although she survived the crash, the impact was so severe that her right leg was crushed. Fortunately, her tiny baby who was riding in the car was not even injured in the accident. Brown had two undergo two surgeries for her fractured leg, with doctors placing 18 screws and a plate in the leg to restore it to a usable state.

Maryland truck accident litigators recently read about a truck accident on Davis Drive in Apex, North Carolina that could be repeated on some of Maryland’s smaller roads.

Earlier this week, a dump truck driving down a narrow two lane road that lacked a shoulder, overturned and landed on top of a Honda Civic. The driver of the Civic, Kara Walden Benton, was seriously injured and was flown from the scene to an area hospital. The passenger, Mrs. Benton’s husband, 26 year-old Chad Benton, was less seriously injured.

The driver of the dump truck told investigators that another driver forced the dump truck off the road and onto the grass. According the dump truck driver, his truck overturned when he attempted to get back onto the solid roadway. Other drivers and area residents believe that the lack of a shoulder on Davis Drive poses a safety concern and was the likely cause of this accident. The two lane road is lined by grassy ditches on both sides and if a vehicle’s wheel leaves the roadway, the driver may lose tire traction and be unable to control the automobile. According to residents in the area, this is not the first time the narrow nature of the road has caused accidents. Wake County officials, however, have no plans to widen the road to provide a better shoulder.

Maryland, particularly in rural areas, has a number of narrow roads similar to Davis Drive. Drivers, particularly those in large trucks, have little or no room for error while traveling on these narrow roads and could easily cause similar accidents. Maryland truck accident attorneys suggest that our readers pay close attention when driving near large vehicles on narrow roads particularly in poor weather conditions. A truck whose tire leaves a solid roadway and hit softer earth is susceptible to losing control, and due to its high center of gravity, may overturn, putting drivers near it at risk for serious injury.

External Links

WTVD ABC 11 News Story

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In a prior post, we reported how many truck companies attempt to rush people injured in Maryland big rig accidents to accept low settlements. Recently, a potential client came into my office and explained that she had been involved in a Maryland truck accident while traveling on Interstate 95 in Howard County, Maryland. This lady explained that she had sustained what she considered “serious, but not life threatening injuries.”

This individual went on to describe how the insurance company for the truck company had called her a week after the accident, one thing led to another, and she agreed to settle her case for an amount that she now realizes was far too law. She wanted to know if she had any legal rights to go back and undo her mistake. She does.

In Maryland, if a person settles her case within 30 days after a truck accident (evidenced by the signing of a legal release within 30 days of the incident), without being represented by a lawyer and without the advice of an attorney, the victim may void the release within 60 days after the date the release was signed. The voiding of the release must be done in writing, and it must be accompanied by the return of the money paid in settlement.

Due to this weekend’s snow storm in Maryland, our Maryland truck accident attorneys have spoken to many potential clients regarding accidents caused when the driver of a motor vehicle, or in one case, the driver of a tractor trailer, hit a patch of ice, or compacted snow, lost control of the vehicle driven, and caused an accident. After a snow storm, potential clients call us and ask a question like this, “Do I have a case: I was injured when another driver lost control of his vehicle on ice and slammed into the front of my car?”

In Maryland, a driver of a motor vehicle must control his or her vehicle in all weather conditions. The Maryland Transportation Article, Section 21-801 states that:

“At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance.”

In short, the failure to control a vehicle due to snow or ice does not excuse the act of losing control of a tractor trailer, an SUV, or an automobile. A driver is responsible for injuries or damages caused when his or her motor vehicle goes out of control and strikes another driver, even if the accident was caused by ice or snow on the roadway.

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The attorneys at Lebowitz & Mzhen Personal Injury Lawyers have developed the following list of things to do directly after an accident with a commercial vehicle. We suggest that our readers print out this list and place it in their glove compartment. We also suggest that you store a camera in your glove box in order to take photographs if you are involved in an accident.

1. STOP your car, no matter how minor the accident.
2. CALL THE POLICE to investigate the accident.
3. DO NOT DISCUSS THE ACCIDENT with anyone except the police officer on the scene.
4. GET INFORMATION ABOUT THE OTHER DRIVER AND THE TRACTOR TRAILER before leaving the scene of the accident. Make sure that you have the following information: (a) full name of the driver, (b) name of the trucking company, (c) Interstate Commerce Commission (ICC) license number from the side of the cab of the commercial vehicle, (d) telephone number of the trucking company, (e) insurance company and policy number for the tractor trailer, and (f) license plate number of the tractor trailer.
5. GET NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ALL WITNESSES.
6. DRAW A DIAGRAM of the accident.
7. TAKE PHOTOGRAPHS of the damage to your vehicle and, if possible, the tractor trailer, and any skid marks left on the roadway. Additionally, take photographs of your injuries if they are visible.
8. NOTIFY YOUR INSURANCE COMPANY.
9. DO NOT DISCUSS THE ACCIDENT WITH ANY INSURANCE COMPANY until you have talked to your lawyer.

10. IF YOU ARE INJURED, contact a doctor or go to the nearest emergency room as soon as possible.

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