Maryland Trucking Accident Lawyer Blog

Realizing You’re Injured Weeks or Months After a Maryland Truck Accident

February 24, 2021 | Lebowitz & Mzhen

Maryland truck accidents are almost always unexpected and shocking. An individual driving along the road or highway may be listening to music or an audiobook, talking with others in the car, or thinking about their day ahead when suddenly they are involved in a crash. The immediate aftermath can be disorienting, and individuals involved in these accidents who are not injured in some obvious way—broken bones, bleeding, etc.—may think that they are fine and simply move on with their day, wanting to get back to normal after such a shock.

For example, take a recent large-scale truck accident that occurred in West Virginia on Interstate 81 near the Maryland line. According to a recent report, the wreck occurred just before 8 PM one evening. That night, a 911 supervisor said that 10 to 15 tractor-trailers might have been involved, but that police were having a difficult time determining how many specifically because the scene of the crash was such a mess. Other vehicles continued to slide into the wreckage even after the initial collisions. The next morning, a sheriff reported that they now believed the wreck involved eight tractor-trailers and three passenger vehicles. While officials do not yet know what happened, they did confirm that icy weather was a major contributing factor. The wreckage was so large that the northbound lanes of the interstate were closed for about six hours. The accident currently remains under investigation.

Surprisingly, only one person was transported to the hospital with injuries after this major crash, although at least eleven vehicles were involved. But it’s quite possible that many of those involved may actually be injured and not know it yet.

How Are Maryland Truck Drivers Expected to Respond in Emergency Situations?

February 17, 2021 | Lebowitz & Mzhen

Like any other driver, when a Maryland truck driver hits the road, they are expected to drive carefully, or to exercise “reasonable care.” The standard of reasonable care extends even to emergency situations. This means that when a truck driver encounters an emergency on the road, such as a Maryland truck accident, the truck driver must still exercise reasonable care. However, this standard considers the circumstances the driver is presented with and the amount of time the driver has to react.

What Does a Truck Accident Victim Need to Prove in a Personal Injury Claim?

In a Maryland accident case, a plaintiff has to show that a defendant failed to meet the standard of care. In Maryland, if a truck driver suddenly finds himself in a dangerous situation, the driver is not expected to exercise the same degree of care as a driver who has sufficient time to evaluate his or her options and decide what to do. But the driver is expected to exercise reasonable care for his or her own safety and for the safety of others. This doctrine is known as the sudden emergency doctrine. However, the truck driver cannot benefit from the doctrine if the driver is the one who caused the emergency or if the driver is not actually in a dangerous situation. So, if a truck driver damages another person or property in an emergency situation, the question is, when the truck driver was presented with the emergency, did the truck driver exercise the degree of care that a reasonable, prudent person would, given the circumstances? A jury or a judge will also take into consideration the amount of time the driver had to react and evaluate the choices. Failing to take reasonable care under the circumstances may make the driver liable for resulting damages.

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.

Maryland Car Accidents Involving Snow Plows

February 3, 2021 | Lebowitz & Mzhen

As winter weather descends upon Maryland, residents can expect to see more and more weather-related accidents. Some of these accidents involve snow plows. Just this week, Maryland and the entire Northeast received many inches of snow, leading to a need for plows to clear roads and walkways. But, like any time one operates a vehicle, there is always a risk of an a Maryland accident when using snowplows.

For example, just last week, a nurse was killed in a snow plow accident at a hospital. According to a local news report covering the tragedy, the nurse walked up behind a vehicle plowing snow as the operator of the vehicle was backing up. The nurse was struck and ultimately died from the crash. This tragic story is just one example of how snow plowing may lead to increased accidents, yet another concern of wintery weather accidents in Maryland.

Are Snowplow Accidents Common?

Although snow plow accidents may seem like a somewhat unique occurrence, that isn’t necessarily the case given the limited amount of time they are on the road. Snow plows operate during some of the most dangerous weather conditions, and drivers must always be on alert. Those injured in such an accident can file a personal injury lawsuit against a negligent party in just the same way that those injured in more typical Maryland truck or bus accidents can. These personal injury lawsuits can provide important financial recovery for the injured and/or their families, allowing them to pay off medical bills or deal with lost wages without fear of bankruptcy.

Why Maryland Plaintiffs May Consider Suing a Defendant’s Employer in Maryland Bus Accident Cases

January 27, 2021 | Lebowitz & Mzhen

When most people think of filing a lawsuit after a Maryland bus accident, they usually picture that they will just be suing one person—whoever caused the accident. While this is true in some cases, there may be some other cases where it actually makes sense to sue more than just that person. For example, the agency, organization, or company that employed the negligent driver. For instance, negligent bus and truck drivers are often not driving their own vehicle on their own time, but instead are driving an employer’s vehicle as part of their job. In Maryland truck and bus accident cases, it is important to remember this option for suing a negligent party’s employer because often they may be able to pay more in damages than the negligent driver, meaning that Maryland plaintiffs may have more of an opportunity to fully recover for their injuries.

For a recent, high-profile example of when a plaintiff may consider bringing a lawsuit against both an employee and their employer, take a recent crash that made national headlines. According to NBC News, the crash occurred around 12:20 PM one afternoon when a tour bus carrying 48 people was driving to the Grand Canyon rolled and landed on its side. It is not clear what caused the accident, and it remains under investigation. However, what is clear is that one person was tragically killed as a result. Additionally, immediately after the accident, two others were in critical condition, and seven others were injured, such that they had to be taken to the hospital. An additional thirty-three people on the bus had minor injuries not requiring hospitalization.

While it’s not known at this time whether or not there will be litigation resulting from this injury, the accident sheds light onto an important aspect in Maryland truck and bus cases—holding employers liable for their employees’ actions.

Pursing a Personal Injury Claim After a Maryland Chain-Reaction Truck Accident

January 20, 2021 | Lebowitz & Mzhen

Maryland truck accidents are always unfortunate, and in some cases, can be tragic, causing severe bodily injuries or even death. While many of these accidents involve just one or two vehicles—usually a truck hitting a sign, a tree, another vehicle, etc.—some truck accidents can involve multiple vehicles, injuring many people.

What Is a Chain Reaction Accident?

Often, these accidents originally just involve one or two vehicles, but this original crash causes a chain reaction, leading to more and more damage. For instance, if a truck crashes into a tree suddenly, a car behind it might swerve to avoid the wreck, but in so doing may crash into other cars. Other vehicles may not be able to stop when a crash happens suddenly and may rear-end other vehicles. Additionally, sometimes Maryland truck accidents can send one vehicle tumbling in an unexpected direction, where they may hit other vehicles. These occurrences can cause large accidents, injuring many people from multiple different vehicles.

In Some Maryland Truck Accidents, It May Take Time to Fully Understand What Happened

January 13, 2021 | Lebowitz & Mzhen

Sometimes, in the aftermath of a Maryland truck accident, it’s not exactly clear what happened or who’s to blame. Accidents happen quickly—in the blink of an eye—and those involved (or even eyewitnesses) might not know afterward who hit who or how the two vehicles collided—only that they did. Sometimes, it can take a significant amount of investigation after a crash to determine the cause and the series of events. Accident reconstruction experts may investigate, but sometimes the cause of the accident will not be known until quite a bit after it’s occurred.

For example, take a recent three-vehicle truck accident that occurred in the first week of this year. According to a local news article covering the accident, the crash occurred on a Monday afternoon around 1 PM. A driver in a semitrailer truck came upon a car waiting to turn left but failed to slow down for some unknown reason. The truck driver swerved to miss the vehicle waiting to turn—since they could not stop in time—but while swerving they struck another vehicle traveling the opposite direction head-on, and also collided with the turning vehicle. This three-vehicle crash left one driver—the driver struck head-on—dead. It is unclear what injuries were suffered or the extent of the other damage, but the county police accident reconstruction team came to the scene to investigate, and the road was closed down for a while. The crash remains under investigation.

When Should You Contact a Lawyer after a Truck Accident?

Because it takes a while to figure out exactly what happened in a Maryland truck accident, many people who are injured in one wait before contacting an attorney. But those injured who might want to file a personal injury lawsuit against the negligent driver should contact an attorney right away—even if they are not sure if they have a case, or whose fault the accident was, or even what happened. Working with an attorney right away keeps your options open and also ensures you do not miss the window of time within which you must file suit—the statute of limitations. In Maryland, you must file suit within three years. If you prolong getting an attorney, you may forget or procrastinate, and then miss the statute of limitations. That’s why all those involved in a truck accident are encouraged to speak to an attorney right away, to make sure they are aware of their legal rights and prepared to file suit if need be.

Vicarious Liability in Maryland Truck Accident Cases

January 6, 2021 | Lebowitz & Mzhen

Vicarious liability refers to the liability of a person or entity for another person’s wrongful actions. In a Maryland truck accident case, a person or entity may be liable for an employee’s actions or another individual in some circumstances. The person or entity being held responsible may be liable based on the relationship between the person or entity and the person who acted wrongfully. Vicarious liability does not require wrongdoing on the part of the defendant and is based only on the relationship between the defendant and the wrongful actor.

What Is Vicarious Liability?

Vicarious liability often arises in the context of an employer being sued for an employee’s negligent acts. An employer might be liable based on the employer-employee relationship if the employee who acted wrongfully was acting within the scope of the employee’s employment. Vicarious liability is based on the idea that the employer hired the employee and is responsible for the employee’s actions carried out in furtherance of the employer’s business and authorized by the employer. In some cases, an employer may be liable even where the employee is personally immune from suit.

Vicarious Liability in Maryland Truck Accident Lawsuits

December 24, 2020 | Lebowitz & Mzhen

When someone is injured in a Maryland truck accident, they have the option to sue the person who caused the incident. Through these lawsuits, the injured plaintiffs may be able to recover significant amounts of monetary damages to cover their lost wages, past and future medical expenses, pain and suffering, and more. What many people do not realize, however, is that sometimes, injured plaintiffs might be able to sue more than just the individual who caused the accident.

Can a Truck Accident Victim Sue the Trucking Company?

Yes, in some situations, truck accident victims may be able to sue the defendant’s employer, the trucking company, if the driver was acting in the scope of employment when they caused the accident. This is an attractive option for many victims of Maryland truck accidents, because often the individual who caused the accident is unable to fully compensate the victim for their losses due to financial strain. Because of this, many Maryland plaintiffs decide to file suit against both the individual who caused the accident and their employer. The doctrine of holding the employer liable is called vicarious liability.

Determining Whether There Was Negligence in a Maryland Truck Accident

December 17, 2020 | Lebowitz & Mzhen

In order to successfully recover in a personal injury lawsuit after a Maryland truck accident, a plaintiff must prove that there was negligence on the part of the defendant. In everyday language, negligence just means failing to be careful. However, it is actually a fairly complicated legal term. In Maryland personal injury lawsuits, proving negligence means proving four distinct elements: (1) duty; (2) breach; (3) causation; and (4) damages.

How Does a Truck Accident Victim Prove a Trucker Was Legally Negligent?

First, the plaintiff must prove that the defendant (usually the truck driver) owed a duty of care to the victim. Truck drivers—in fact, all Maryland drivers—owe a duty of care to others on the road or around them, including pedestrians, drivers of other vehicles, and cyclists. The duty of care means they must act reasonably carefully as to not injure others. The next step is proving that the defendant breached this duty. Here, the plaintiff must prove that the defendant did not act with reasonable care. Perhaps they were texting while driving, or ran a red light, or driving while intoxicated. All of these things could be sufficient to prove that the defendant breached their duty. Third, the plaintiff must connect this breach of duty to the accident. In other words, did the defendant’s breach cause the accident? If the defendant ran a red light, they might have breached their duty, but if the crash was caused three minutes later because of a brake failure, then the breach was not likely the cause of the accident. Lastly, the plaintiff must prove that they suffered damages as a result of the accident. This can be proved by submitting medical bills, or bringing an expert witness who can testify to the damage the plaintiff suffered.

In some cases, proving negligence can be pretty straightforward, as the facts of what happened are obvious, but it may be more difficult in other cases. Take, for example, a recent truck accident that occurred not on the highway, as many do, but at a truck stop. According to a local news article, the crash happened early one Thursday morning this month at a truck stop and service center off the highway. Many details are not known at this time, but a tractor-trailer struck a pedestrian, killing them. The accident is still under investigation by the state’s highway patrol. Because so few facts are known, and the victim of the accident was tragically killed, this is a perfect example of a case where proving negligence may be more difficult.