Truck Accidents

Truck Tire Safety Can Reduce Serious Trucking Accidents

July 7, 2016 | Lebowitz & Mzhen

Of the many causes of truck accidents, equipment failures are among the more common. Large trucks rely on a number of components and systems to run properly. If any one of these systems is compromised, the truck may not operate according to the driver’s expectations. Obviously, this can then result in the truck driver losing control of the vehicle, resulting in a serious or fatal truck accident.

Due to the risks inherent in operating a large truck, the law places a duty on all truck drivers to maintain their vehicles in a safe manner. The level of the duty somewhat depends on which type of truck is being operated and which cargo is being transported. For example, truck drivers transporting hazardous materials have an increased duty to maintain their vehicles in a safe condition to avoid the spilling of the hazardous cargo.

Generally speaking, a truck driver’s duty to inspect and maintain his vehicle extends to the systems that are easily inspected and those for which failure can result in serious problems in the vehicle’s operation. These systems include the tires, brakes, cargo area, and lights and signals. If an accident is caused by a truck driver’s failure to inspect his vehicle, that driver may be held financially liable for the injuries caused as a result. This may even be the case if the truck driver was not issued a traffic citation.

Drowsy Truck Driver Crashes Rig, Spilling 50,000 Pounds of Potatoes on the Highway

May 11, 2016 | Lebowitz & Mzhen

Truck drivers have an enormous responsibility. With loaded rigs weighing up to 40 tons, the trucks these drivers operate are massive, difficult to steer, and prone to causing mayhem if not properly controlled. For these reasons, federal and state laws act to regulate the trucking industry, requiring drivers to obtain special licenses, register their cargo and route, and constantly ensure that their rig is in safe working condition. In addition, truck drivers must also follow the rules of the road that apply to all motorists, such as refraining from drunk or distracted driving.

When there is a lapse in judgment, or an oversight on the part of a truck driver, the driver may be held liable in a Maryland personal injury lawsuit. These lawsuits, brought under the theory of negligence, require an accident victim to show that there was some negligent act or omission that caused the accident that resulted in the victim’s injuries. If this is successfully proven, an accident victim may receive compensation for their medical expenses, lost wages, and any pain and suffering they endured as a result of the accident.

Truck Accident Caused by Sleeping Driver

Earlier this month in North Carolina, 50,000 pounds of potatoes spilled onto the road after a semi-truck driver crashed into a barrier and rolled the truck onto its side. According to one local news source covering the accident, the truck driver was traveling on Interstate 77 at around 2 a.m. when the accident occurred.

Accident Involving Truck and Minibus Results in 12 Fatalities

April 6, 2016 | Lebowitz & Mzhen

Commercial carriers, such as buses, trucks, trains, and taxi-cabs, all have a duty to their passengers to operate their vehicles in a safe manner and do everything reasonable to ensure a safe trip. This duty extends to others sharing the road with the common carrier as well. On occasion, however, a bus driver’s attention drifts away from the road, or a truck driver dozes off in the middle of a long journey, putting his passengers and others on the road at an increased risk. When this type of conduct results in an accident, that driver can be held legally responsible for his actions in violating the duty he owed to his passengers and others.

This type of case, generally brought under the legal concept of negligence, relies on an accident victim showing that the common carrier was negligent in attending to the duty he owes his passengers or others on the road, and that the breach of that duty resulted in the passenger’s injuries and damages. If this can be established, the injured party may be entitled to receive monetary compensation for the injuries they sustained in the accident. Such compensation is not normally limited to out-of-pocket expenses and may include additional amounts for non-economic damages, such as pain and suffering.

Minibus Accident in France Claims 12 Lives

Earlier last month, a devastating accident in France involving a minibus and a truck resulted in 12 Portuguese tourists losing their lives. According to one local news source covering the tragic event, the accident occurred while the minibus was taking the passengers from Switzerland back to Portugal.

Logging Truck Driver Loses Control and Flips Rig, Killing One

March 3, 2016 | Lebowitz & Mzhen

With their excessive length, heavy cargo, and long stopping distances, logging trucks are some of the most difficult to control, even compared to other large semi-trucks and tractor-trailers. Increasing the danger, logging trucks often drive on small rural roads on their way to pick up and drop off their cargo. It is for this reason that logging truck drivers need to be properly trained and vetted by their employers.

Most people are familiar with the fact that a negligent driver can be held liable for any injuries that are caused by their dangerous driving. What is less known, however, is that a commercial driver’s employer may also be held liable if it can be shown that the driver did not possess the adequate training, experience, or support to safely operate their vehicle. In some cases, trucking companies will even encourage their employees to “bend” the rules and stay out on the road longer than is legally permissible.

In fact, whether or not it is explicitly stated, almost all truck drivers are financially incentivized to drive longer and rest less. This is because most drivers are paid per mile, rather than per hour. Thus, the more miles covered in a day, the higher the driver’s take-home pay.

Court Upholds Verdict Against Trucking Company in Fatal Amtrak Accident

February 3, 2016 | Lebowitz & Mzhen

Earlier this month, a Nevada court denied a motion filed by a trucking company for a new trial after the court determined that the company’s driver was responsible for a 2011 accident that killed six people, including the driver of the truck. According to one local news source, the court ordered the trucking company to pay roughly $4.5 million in damages.

The Truck Driver Slams into a Moving Amtrak Train

The fatal accident occurred back in 2011, in Nevada’s high desert, near the intersection of Interstate 80 and U.S. Highway 95. Evidently, the truck driver was driving an empty truck when he approached a railroad crossing. Evidence showed that the crossing was marked and that the engineer on the train was engaging the train’s whistle prior to reaching the crossing. However, the truck driver failed to slow down in time and ended up crashing into the second car of the train. The impact between the semi-truck and the train killed the truck driver, the train’s engineer, and four passengers aboard the train.

It also came out in evidence that the truck driver began to apply the brakes about 300 feet prior to the crossing, but he was still unable to stop in time. The National Transportation Safety Bureau conducted an investigation into the fatal accident and determined that the cause was an inattentive truck driver with a history of speeding violations, as well as the fact that the truck he was driving had faulty brakes.

Truck Accidents Caused by Intoxicated Drivers

December 24, 2015 | Lebowitz & Mzhen

As if large trucks are not dangerous enough, when an intoxicated driver gets behind the wheel of a semi-truck, tractor-trailer, or other large truck, the risk factors skyrocket. It is for this reason that the Maryland legislature has determined that those who hold Commercial Drivers Licenses (CDLs) are to be held to a different standard when it comes to drunk driving.

In Maryland, non-CDL holders are considered “drunk” under the law when they have a blood-alcohol content of .08 or greater. However, due to the risks involved with driving a large truck while intoxicated, a CDL holder’s blood-alcohol content cannot legally exceed .04. Depending on the driver, a person’s blood-alcohol content may reach .04 after just one drink.

The .04 limit applies to all commercial drivers, not just truck drivers. For example, taxi cab drivers and school bus drivers are also subject to that limit. Importantly, the prohibition on intoxicated driving is not limited to alcohol. Commercial drivers are also prohibited from operating a vehicle with any trace of an illegal drug in their system. Similarly, liability may even arise if the driver is taking prescription medication, if it can be shown that they were impaired by the medication.

Semi-Truck Collides with School Bus, Sending Four to the Hospital

September 24, 2015 | Lebowitz & Mzhen

Earlier this month in Kindred, North Dakota, a school bus was involved in an accident with three semi-trucks, seriously injuring the driver and three students on board the bus. According to one local news report, the accident occurred at around nine in the morning as the school bus was on its way to a field trip.

Evidently, the school bus was heading eastbound on the highway and was approaching an intersection with another highway when a semi-truck traveling on the other highway failed to see the school bus and slammed into the side of it. Two other semi-trucks then crashed into the two disabled vehicles before they were able to be moved from the highway.

The driver of the school bus needed to be extricated from the badly damaged front end of the bus. This task took emergency workers nearly 45 minutes. However, the driver was eventually removed and taken to the hospital, where she was admitted in serious but stable condition. Three other students on board the bus were also taken to the hospital with non-life threatening injuries.

Cement Truck Runs Red Light and Crashes into Car, Seriously Injuring One

May 15, 2015 | Lebowitz & Mzhen

Earlier this month in Decatur, Georgia, a cement truck carrying a several-ton load was involved in an accident with a small passenger car. According to one local news report, the accident occurred when the cement truck driver ran a red light and crashed into the car that was traveling through what was a green light for the car at the time.

Evidently, after the collision, the car became wedged in between the cab of the truck and the truck’s load. One nearby citizen showed up seconds after the accident to take pictures. He told reporters: “I didn’t even realize there was a car even there when I first walked up to the accident … It’s hard to see how somebody could survive that.”

But survive she did. The driver of the car was taken to the hospital with serious but non-life threatening injuries. The driver of the truck was also sent to the hospital with serious injuries but is expected to make a full recovery.

Maryland’s Winter Weather Partially Responsible for Cattle Truck Accident

March 27, 2015 | Lebowitz & Mzhen

Earlier this month, during one of the several snow storms that swept through Maryland, a truck carrying 93 head of cattle toppled over after it slid off the road. According to a report by the Washington Times, the accident occurred on Interstate 81 near the interchange with Route 40, not far from Hagerstown.

Evidently, no one was hurt in the accident, however, it is not clear if any of the cattle were injured. Two lanes of traffic remained closed for several hours while another truck came to the scene to transport the shaken-up animals.

Reports indicate that, at the time of the accident, there was about six inches of snow that had recently fallen. Some parts of Western Maryland saw as much as 9.5 inches of snow during the same storm.

Sixty-Two People Injured in Amtrak Crash Amidst Calls For Better Railroad Safety

March 19, 2015 | Lebowitz & Mzhen

Earlier this month in North Carolina, an accident between a large truck and an Amtrak train sent 62 people to the hospital with minor injuries. According to a local Washington DC news source, the accident occurred near Halifax, North Carolina.

Evidently, a large semi-truck was traveling with an escort vehicle when the truck got struck attempting to maneuver across the tracks. It seems that the truck driver was attempting to make a turn over the tracks when the truck got stuck and couldn’t free itself. Roughly 15-20 minutes later, an Amtrak train with 212 passengers and eight crew members aboard slammed into the immobilized truck. In all, 62 people were sent to the hospital with minor injuries.

As more information was discovered about the crash, it seems that the truck driver had access to a number to call when such unusual situations arise on or near railroad tracks. The number, if he had called it, would have alerted the train’s conductor that there was a problem ahead and likely would have avoided the accident. As it turns out, the number was posted at the very crossing where the truck got stuck.