Truck Accidents

When Buses or Trains Get Into Maryland Truck Accidents

February 10, 2021 | Lebowitz & Mzhen

One of the best things about traveling via train or bus is having someone else drive and operate the vehicle while the passengers relax, read, sleep, or even get some work done. For this reason, many Maryland residents may rely on these modes of transportation weekly or even daily, to travel within and outside of the state or to get to work. But while the flexibility and ease of these forms of transportation are nice, passengers should remember that there is still the risk of a Maryland traffic accident. And when a bus or a train hits a truck, the accident can be catastrophic and maybe even fatal.

For example, take a recent truck accident involving an Amtrak train. According to a news report covering the crash, the accident happened around 4:30 PM one afternoon when a truck stopped inexplicably on the train tracks. Amtrak crew members aboard the train told investigators that as the train approached the truck, they blew the horn several times. The train was traveling at high speed, and unable to stop, so it hit the truck, causing a significant crash. The driver of the truck was pronounced dead at the scene. The investigation is ongoing, and at this point, it is not clear why the truck driver did not move off of the tracks to avoid getting hit by the train.

It’s not clear from the news report how many others were injured, but in such a serious crash, there is clear potential to cause harm to the train passengers as well as the truck driver. Injured passengers in situations such as this one—in which the train or bus they are riding crashes into a truck—may not think that they have the right to file a personal injury lawsuit and may believe that the train or bus company is the one to handle that. But Maryland state law makes clear that anyone injured in Maryland truck accidents can file a personal injury lawsuit to try and recover for their accidents.

The Summary Judgment Standard in Maryland Truck Accident Cases

December 11, 2020 | Lebowitz & Mzhen

When people picturing filing a Maryland truck accident lawsuit, they probably picture going to court, with lawyers standing up in front of a judge and jury and making impassioned arguments. While this sometimes is the case, many cases are actually resolved before making it to trial. Sometimes, the resolution may be in the form of a settlement agreement reached by the parties—agreeing that the plaintiff will dismiss the suit for a certain amount of money. Other times, however, the resolution may be because the judge just decides the case before trial. The judge may decide to grant summary judgment to one side, meaning that even if the other side was correct in the facts it alleges to be true, there’s no way that they could win at trial.

When Does a Court GRant Summary Judgment?

Summary judgment is appropriate in a personal injury lawsuit when there is no genuine issue of material fact between the two parties. Usually, one party will file a motion for summary judgment — believing that the other side does not have a chance to win, even if all issues of fact are resolved in the non-moving party’s favor. The court will consider all the facts and evidence before it and decide if there is a genuine issue of material fact. A material fact is one that could change the outcome of the case. If the court determines there is an issue of material fact, the court will deny the moving party’s motion for summary judgment and the case will be submitted to the jury. If not, then the court will grant the motion for summary judgment and dismiss the case.

Vicarious Liability in Maryland Truck Accidents

November 4, 2020 | Lebowitz & Mzhen

Maryland truck accidents can be incredibly destructive, hurting vehicles, property, and of course, people. Because trucks are much larger than most other vehicles on the road, an accident involving one may be particularly dangerous. As in other accidents, Maryland state law allows those injured in Maryland truck accidents to file a personal injury lawsuit against the negligent driver to recover. However, it is important to note how these truck accidents may differ from other accidents, including car and motorcycle accidents. Unlike cars and motorcycles, most individuals do not drive trucks as their primary form of personal transportation. Instead, most truck drivers are driving for work, and are employed by a third party. Thus, a legal doctrine called vicarious liability, which may allow injured accident victims to sue a truck driver’s employer as well as the driver themselves, is especially relevant in these cases.

To illustrate the point, let’s use a real-life truck accident that occurred just last week. According to a local news report, one truck was passing by another parked truck when the passenger side mirror struck the second truck. Immediately afterward, a pedestrian—a 58-year-old man—was then struck by the moving truck as well. While the accident is still under investigation, let’s suppose for a moment that the driver of the first truck was negligent in some way—perhaps they were distracted while driving, leading to the incident. The injured man may want to file a personal injury lawsuit against him. These suits can cover hospital bills, past and future medical expenses, lost wages, and pain and suffering.

Now let’s suppose that the injured victim—the plaintiff—incurred $100,000 in total costs as a result of this accident. It may be that the truck driver—the defendant—does not have sufficient funds to cover these costs. So, the plaintiff in this case may want to file suit against the defendant’s employer, for whom the defendant was driving the truck. Depending on the case and the nature of the employment, the plaintiff may be able to recover from the employer as well, even though they were not actually present at the time of the crash. This is known as the doctrine of vicarious liability—holding the employer vicariously liable for something negligent their employee did while on the job.

Maryland Truck Accidents Often Injure Multiple Parties—Even if They Don’t Immediately Realize the Extent of Their Injuries

September 28, 2020 | Lebowitz & Mzhen

When someone drives carelessly, ignoring traffic laws, or running through red lights, they most likely know that they are being risky and that there is a risk of getting into a car or truck accident. Tragically, careless driving causes fatal Maryland car and truck accidents all the time. However, these accidents affect far more than just the at-fault driver, especially when large commercial trucks are involved. Oftentimes, Maryland truck accidents involve several vehicles because one vehicle crashing into another can set off a chain reaction.

For an example of a recent multi-vehicle crash, take a recent accident from late September. According to a local news report covering the incident, the crash occurred around 11:30 in the morning. An 80-year-old man driving on the highway attempted a left turn when a dump truck hit his van from behind, pushing it into oncoming traffic. The van then collided head-first with another truck, and then was pushed partially into another lane of traffic, where a motor home hit it. Tragically, the 80-year-old van driver was killed, pronounced dead at the scene by responding officials. The drivers of the other vehicles were reported to have minor injuries. As a result of the accident, the highway was closed for two hours.

This crash, which involved four vehicles, is a tragic example of how dangerous one incorrect driving maneuver can turn out to be. While the accident is still under investigation and it is unclear exactly who was at fault, it is important for Maryland residents to remember that if they are injured in an accident such as this one, they may have a claim against whoever was responsible.

What is the Government’s Liability for Maryland Crashes Occurring at Intersections Known to Be Dangerous?

September 8, 2020 | Lebowitz & Mzhen

Generally, after someone is injured in a Maryland truck accident, they will first look to hold the other drivers involved in the accident responsible. However, in accidents involving a single vehicle or even in crashes involving multiple vehicles, state or local governments may also have some liability based on their responsibility to maintain the roadway, particularly in cases involving intersections or other conditions in the roadway that are known to be dangerous.

State and local governments are responsible for keeping roads in a reasonably safe condition for everyone traveling on the road. In a case based on a dangerous condition on a roadway, the plaintiff generally must show that there was a dangerous condition that existed, that the government knew or should have known about the dangerous condition, that the government knew about the condition for long enough to address the condition or warn the plaintiff, that the government had a duty to act, and that the government’s failure to act caused the plaintiff’s injuries.

In some cases, a government may be immune from liability depending on the circumstances of the case. However, in Maryland, state and local governments generally can be held responsible if there is a dangerous condition on the roadway and if they had actual or constructive notice of the dangerous condition and failed to properly address it. In these circumstances, injured persons normally can file suit against the government for its failure to maintain roads in a reasonably safe condition.

Establishing Legal Liability After a Maryland Truck Accident

July 27, 2020 | Lebowitz & Mzhen

Earlier this month, a truck accident shut down a major road, sending several motorists to the hospital with injuries, highlighting the dangers that Maryland truck accidents pose to motorists. While it’s true that any vehicle can cause an accident—from small bicycles to large semi-trucks—accidents involving trucks tend to be some of the most catastrophic because of the sheer size of a truck. This is especially true when a truck driver loses control and swerve off the road or into other lanes, as illustrated by a recent crash.

According to a local news report covering an incident from early this month, a crash occurred just before 6 a.m. on a Tuesday morning, when a semi-truck traveling south on the highway hit a Buick Lacross that was parked on the road’s right shoulder. The collision caused the truck to lose control. As the truck swerved out of control, it ended up going up the highway’s embankment where it crashed into a pedestrian bridge. The pedestrian bridge suffered structural damages as a result, but thankfully, no pedestrians were on the bridge at the time. The driver of the truck, as well as the driver of the Buick, were taken to a nearby hospital with injuries following the accident.

Sometimes, in accidents such as this one, it may be difficult to initially determine which party was at fault. Those injured in Maryland truck accidents might not know how to prove the other party caused the accident, and may never consider bringing a personal injury suit. However, most accidents are preventable. Often, there is one or more negligent parties who can be held responsible for an accident victim’s injuries.

Maryland Bus Drivers Owe a Duty to Passengers and Fellow Motorists

July 14, 2020 | Lebowitz & Mzhen

Public transit is becoming increasingly popular in Maryland and across the United States. Public transportation options such as buses, trains, and subways allow people to travel relatively quickly and inexpensively, and is better for the environment than driving an individual car. However, just like any form of transportation, accidents can occur on public transit, and can lead to severe injuries or even death. In some cases, Maryland public transit accidents may be even more dangerous, because of the number of people in a vehicle.

For example, recently a bus crash made headlines when multiple people were injured. According to a local news report covering the collision, a bus was driving along its normal route when a tow truck driver allegedly lost control of the vehicle. The bus driver swerved out of the way to avoid an accident with the tow truck, but in doing so caused the bus to crash into a building. Fortunately, no one was killed, but six individuals were injured and had to be hospitalized after the crash.

The crash illustrates that no vehicle is immune from getting into a Maryland traffic accident. In the aftermath of an accident such as the one above, it can be difficult for injury victims to understand how the accident occurred, who is at fault, and whether or not they have a path to recovery.

The Dangers of Maryland Chain-Reaction Truck Accidents

June 25, 2020 | Lebowitz & Mzhen

It is generally well-known that Maryland truck accidents are dangerous. A single accident, on its own, can cause severe injuries or even death, drastically impacting those involved. However, one truck accident on the highway may actually lead to more accidents, as distracted drivers crash into the scene of the original incident. These chain-reaction accidents can be extremely hazardous to motorists traveling on the highway, who may not be expecting to encounter a massive pile-up.

According to a local news report, a crash first occurred early in the morning, just before 4:00 a.m., and involved two semi-trucks. A little over an hour later, at 5:11 a.m., another semi-truck was driving by when it slammed into the original crash scene, injuring one highway worker and two state troopers. All three were transported to the hospital.

An hour and a half after that, at about 6:45 a.m., a third crash occurred. A statement from the police indicated that a semi-truck created the chain-reaction crash, which involved at least seven vehicles: two semi-trucks, a dump truck, and four passenger vehicles. An eyewitness quoted in the local news article reported that he was traveling behind the vehicles that got in the crash and that he noticed the truck did not seem to brake at all before the collision. Instead, “he hit the stopped traffic at 70 miles per hour.” That truck driver was among the four individuals killed. The crash also resulted in multiple injuries. Fortunately, bystanders were able to pull two motorists out of a wrecked car before it burst into flames, saving their lives. However, in total, four lives were lost and many more were severely disrupted by the series of accidents and the resulting injuries.

Understanding Gross Negligence in Maryland Truck Accident Cases

June 19, 2020 | Lebowitz & Mzhen

All drivers in the state of Maryland must abide by the rules of the road and exercise reasonable care whenever they are operating a truck or any motor vehicle. Failure to do so may result in the driver being held liable for the damages resulting from a Maryland truck accident. In some cases, a driver’s conduct is more than negligent, but not necessarily to the level of being intentional.

In Maryland, gross negligence is considered conduct that goes beyond mere negligence. Under Maryland law, the conduct must rise to the level of an intentional failure to meet a duty in reckless disregard for the effect on another person’s life or property. It also suggests a disregard for the consequences without any attempt to avoid them. Even if it is impossible to prove a driver’s state of mind in some cases, the driver’s actions may be sufficient to show such conduct. A finding of gross negligence is significant because it may overcome a plaintiff’s contributory negligence, allowing a plaintiff who was partially at fault to recover. In considering whether a driver’s conduct rises to the level of negligence or gross negligence, a trier of fact will consider all relevant circumstances in the case, including the weather, the actions of other drivers, and whether the driver was presented with an emergency situation.

Eight People Injured After Tow Truck Driver Runs Red Light

According to a recent news report, eight people were injured in a recent multi-vehicle accident after a tow truck driver reportedly ran a red light. The crash occurred around 10 p.m. on a Wednesday night. Police believe that a tow truck driver ran the light and crashed into three cars, including a police patrol car. Two police officers were among those injured and one had to be rescued from the car using the Jaws of Life. According to police, the tow truck driver may have been responding to another accident.

The Impact of a Plaintiff’s Negligence in Maryland Truck Accident Cases

December 6, 2019 | Lebowitz & Mzhen

In cases where more than one party is at fault, some plaintiffs may be barred from recovery altogether. The laws concerning the effect of the plaintiff’s negligence vary depending on the jurisdiction. The law that applies in Maryland truck accident cases is the doctrine of contributory negligence, which is a particularly harsh law for Maryland personal injury plaintiffs.

Contributory negligence comes from the common law, and has been the law in Maryland since 1847. Under the doctrine of contributory negligence, if the plaintiff is found even partially at fault for the damages, the plaintiff is barred from recovery. Many have criticized the doctrine of contributory negligence, as it leads to harsh consequences and what many consider unfair results. Few states still follow the contributory negligence doctrine.

The General Assembly of Maryland has so far rejected the adoption of comparative negligence, which could replace the contributory negligence doctrine. Under the general comparative fault doctrine, or “pure comparative negligence,” the fault of both the plaintiff and the defendant are considered, but comparative fault only reduces the award by the plaintiff’s percentage of fault. Under pure comparative negligence, a plaintiff can recover even if the plaintiff is found mostly at fault. Under some comparative fault doctrines, a plaintiff can recover as long as the plaintiff is found 50% or less at fault. This is generally referred to as “modified comparative negligence.”