Maryland Trucking Accident Lawyer Blog

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.

Maryland Truck Accident Kills One, Injures Another, But Cause Remains Unknown

December 4, 2020 | Lebowitz & Mzhen

Last month, a tragic Maryland truck accident left one dead and another injured in Derwood, Maryland. According to a local news report covering the incident, the crash occurred between a car and a box truck on Shady Grove Road early one morning. As a result of the crash, the box truck tumbled over the embankment, landing on its side and trapping the driver inside. The driver of the car was taken to the hospital with serious injuries, where he was later pronounced dead. Officials found it difficult, however, to immediately access the truck’s driver. Because of the slope of the embankment, rescue workers from Montgomery County Fire and Rescue were brought in and had to use a system of ropes with a medical basket attacked to get the driver of the truck free. He suffered serious, but not life-threatening, injuries and was taken to the hospital for treatment.

How Can Familes Seek Financial Compensation Following a Fatal Truck Accident?

In cases like this, those who were injured (or the deceased’s family) may be interested in filing a personal injury lawsuit against the other party to recover financially for their injuries. But sometimes, it is very unclear who was negligent and caused the accident. And, in some cases, both parties might believe that the other was negligent. For example, if the family of the deceased driver decides to file suit against the box truck driver, they may bring in evidence and an expert witness who can reconstruct the accident and explain what likely happened in a way that points the finger at the truck driver as being the negligent one. However, the defendant truck driver may come back with a defense of contributory negligence. This means they may bring in other evidence—usually a different expert witness—trying to prove that the plaintiff was also negligent, and that their negligence contributed to the crash.

Damages Available After a Fatal Truck Accident in Maryland

November 25, 2020 | Lebowitz & Mzhen

Truck drivers spend a lot of time on the road, making accidents more likely. In the tragic event of a fatal Maryland truck crash, certain family members can file a wrongful death claim against parties at fault after a wrongful death in a Maryland truck accident. Maryland’s wrongful death statute is intended to compensate family members for the loss of their loved one. Eligible family members can recover compensation for a range of damages.

What Damages Are Available in a Maryland Truck Accident Lawsuit?

In Maryland, damages are generally made up of two categories of compensatory damages: economic and non-economic damages. Economic damages, or special damages, are damages with a fixed dollar value, including past and future medical bills, transportation costs, and lost income. Non-economic damages, or general damages, are damages that do not have a fixed value, such as pain and suffering, loss of consortium, and mental anguish. Compensatory damages are meant to compensate the victim for their pain and losses. Punitive damages are also available in some Maryland cases and are intended to punish the defendant and deter others from engaging in such wrongful conduct. Generally, a wrongful death claim must be filed within three years of the decedent’s death.

NTSB Issues Findings After Truck Driver Killed by Fallen Pipe in Tunnel

The National Transportation Safety Board (NTSB) recently issued findings in a fatal 2018 truck accident. According to the report, a Raymour & Flanigan truck driver was driving a semi tractor-trailer. The driver was driving through a tunnel on a highway when it struck an electrical pipe that had fallen and was hanging by electrical wires. The pipe hit the windshield and struck the truck driver. The truck exited the tunnel and crossed into the median, striking the guardrail, which propelled the truck across the highway and onto the guardrail on the other side. The truck driver died in the crash.

When Does a Party Have a Duty to Preserve Evidence in a Maryland Truck Accident Case?

November 24, 2020 | Lebowitz & Mzhen

Spoliation refers to the destruction or the failure to preserve evidence relevant to a case. Under Maryland law, spoliation occurs when there is an act of destruction of discoverable evidence that occurred after a lawsuit has been filed or at a time when the filing is imminent, as well as an intent to destroy the evidence. The doctrine of spoliation of evidence is based on the principles of fairness and equity. The reasoning is that a party should not be permitted to destroy evidence to the detriment of their opponent. In Maryland, if there has been spoliation in a Maryland truck accident case, the court may give a spoliation jury instruction that permits an adverse inference even if it did not involve an act of bad faith. This means that a jury can infer that the evidence was harmful to the party that destroyed the evidence. Apart from a potential jury instruction, courts are authorized to impose a range of sanctions, including dismissing the case.

In a recent case before a state’s supreme court, the court considered whether a trucking company’s case should be dismissed against a manufacturer after it discarded parts relevant to the case. In that case, a truck driver for the trucking company experienced the dump gate activating on its own twice in one week, causing it to open and dump its load unexpectedly. The trucking company replaced the rig’s valve, rewired the control circuit for the system, and added a master switch in the truck’s cab. About a year later, the dump gate in the truck driver’s trailer again activated on its own while he was driving on an interstate. The trailer opened and dumped its load of gravel unexpectedly. The release of the gravel caused several collisions, injuring several people. On the same day, another one of the company’s trucks experienced the same issue, dumping sand unexpectedly on the same interstate.

After several people filed suit against the trucking company, the company filed suit against a company that manufactured the dump gate valves. It alleged that the rig’s valve was defectively designed. Experts retained by the trucking company found that the valve system had design defects and lacked safeguards, and that the valves could activate unexpectedly when exposed to external electromagnetic fields.

School Busses: The Unsuspected Player in Maryland Truck and Bus Accidents

November 11, 2020 | Lebowitz & Mzhen

In this blog, we focus a lot on Maryland truck and bus accidents caused by semi-trucks driving on Maryland highways. Anyone who has driven on a highway in the state has probably seen multiple trucks driving alongside them, and the trucks’ size makes them particularly susceptible to involvement in accidents. However, a more seemingly innocuous vehicle might be dangerous to Maryland drivers and passengers: the school bus.

While admittedly less common than accidents involving semi-trucks, school bus crashes can be incredibly dangerous, especially considering the number of children often on board. Like other vehicles, school buses are driven by people, and are on the road with other vehicles. The same factors that could cause another accident—distracted driving, failure to follow traffic signs, running a red light, etc.—can also cause a school bus accident.

For example, take a crash that occurred just this month. According to a local news report, the school bus driver, a 42-year-old man, was driving around 23 students to school one morning when the accident occurred around 7:30 in the morning. The school bus ran off the road and crashed into a tree, based on a preliminary report, however, the crash is still under investigation. Of the 23 or so students on board, six suffered injuries and were transported to receive treatment. The driver of the bus was not injured.

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 Chain-Reaction Truck Accident Causes One Death, Six More Injured

October 28, 2020 | Lebowitz & Mzhen

Last month, a Maryland chain-reaction crash on Interstate 95, in Cecil County, claimed one life and injured six others. The crash was really two crashes, one of which was caused by the other. According to a local news report covering the incident, the first crash occurred early in the morning on I-95 near Perryville. Maryland State Police reported that several vehicles were subsequently stopped because of the first crash when a tractor-trailer failed to slow down whilst approaching them and hit the stopped vehicles. The impact of this second crash caused a chain-reaction crash that killed a 56-year-old woman from Colora, and injured six other people. Several lanes of traffic had to be closed in the aftermath, and both crashes remain under investigation.

This tragic instance shows how quickly lives can be changed, or ended, by a Maryland truck accident. One truck driver’s mistake here—not slowing down for the stopped cars—cost someone their life and left six others with injuries that may take years to recover from. The crash is also an example of how just one small error can cause one crash, leading to another larger crash and several injuries. Maryland drivers are thus encouraged to practice safe driving techniques, obey all traffic laws, and stay vigilant for potential issues while on the road.

What Can Truck Accident Victims Do to Obtain Much-Needed Compensation After an Accident?

In a perfect world, all drivers would drive perfectly safe and there would never again be an accident like the one described above. However, we know that this is not the case, and Maryland truck accidents will tragically continue to occur. If a Maryland resident finds themselves involved in one of these accidents, they should remember that state law provides them an avenue to recover financially in the aftermath. A personal injury lawsuit can be filed in court against the negligent driver who caused the accident, in order to hold them accountable for their negligent actions. These suits can result in significant amounts of money being awarded to the injured victim of the crash to cover medical bills, pain and suffering, and lost wages. While these lawsuits cannot undo the damage that is done in the accident, they can play an important role in the recovery process.

Maryland Truck Accidents Pose Serious Risks to Pedestrians

October 23, 2020 | Lebowitz & Mzhen

Most motorists understand that there is always a small risk of being injured in a Maryland truck accident. Maryland’s roads are often traveled by trucks transporting goods within the state or across it, and, like any vehicle, these trucks occasionally get involved in accidents. However, it is important for Maryland residents to remember that it’s not just drivers and passengers who are at risk of Maryland truck accidents. Tragically, these accidents can also injure or kill pedestrians who are not even in a vehicle but happen to be in the wrong place at the wrong time.

For example, take the recent tragic death of a college freshman, who was struck by a semi-truck earlier this month. Not much is known about what caused the accident, except that it occurred around 2 PM one Friday afternoon. According to a local news source, when officials responded to the scene, they escorted the pedestrian to the hospital, where he tragically died. Unfortunately, this tragic accident reflects a harsh reality: truck accidents can occur in the blink of an eye and cause serious injuries or even death to unsuspecting pedestrians.

Pedestrians should always be on the lookout for trucks, and can take certain precautions to avoid accidents, such as avoiding walking near busy streets, looking both ways before crossing a road, and not walking on or near a road in the dark or other low-visibility conditions. However, sometimes there is nothing a pedestrian can do to avoid an accident. When truck drivers are negligent and careless, they may run a red light or swerve off the road, hitting even the most careful pedestrian. While this is a tragic reality, and nothing can undo the harm caused in these truck accidents, Maryland pedestrians should keep in mind that state law allows them an avenue to recovery — a personal injury lawsuit.

Filing a Wrongful Death Claim After a Maryland Truck Accident

October 14, 2020 | Lebowitz & Mzhen

In the tragic event of the loss of a loved one, a wrongful death claim may allow family members to recover compensation based on their loved one’s wrongful death. Maryland’s Wrongful Death Act (the Act) allows a parent, spouse, or child (or others in some circumstances) to recover based on the deceased’s wrongful death. There are some limitations depending on the circumstances of the deceased’s death. Spouses, parents, and children are considered primary plaintiffs under the Act. In addition, if the deceased had no spouse, parent, or child who qualifies under the wrongful death act, any person who is related to the deceased by blood or by marriage who was substantially dependent upon the deceased may file a wrongful death claim. These plaintiffs are considered secondary plaintiff, meaning that they can only recover if no primary plaintiff exists.

A wrongful death claim is based on a wrongful act that would have allowed the deceased to recover if he were still alive. This type of claim is meant to compensate close family members who wrongfully lost their loved one. Successful claims allow claimants to recover compensation for damages relating to the claimant’s suffering, including mental anguish, loss of companionship, loss of guidance and education, emotional pain and suffering, and loss of parental, marital, or filial care. A wrongful death claim normally must be filed within three years of the death of the deceased. In the case of an occupational disease, the claim must be filed within ten years of the deceased’s death or within three years of the date when the cause of death was discovered, whichever comes first.

Claimants also often have to defend the actions of the deceased leading up to their death. A defendant will often argue that the deceased was partially at fault for their death. If a defendant is successful in doing so, a claimant can be barred from recovering compensation if the deceased is found to have been partially at fault for their death.

Maryland Truck Drivers Need to Be Aware of Height and Size of Their Vehicles

October 6, 2020 | Lebowitz & Mzhen

A recent tragic truck accident illustrates the importance of Maryland truck drivers being aware of their surroundings along with the height and size of their vehicle. Not being so can lead to horrible and even fatal truck accidents. Trucks are, to state the obvious, larger than cars, and their size can make them very dangerous. For example, a truck driver not realizing their truck’s size may cause an accident when they merge onto the highway or when they pass under roadway signs or overpasses. This is exactly what happened last month in a truck accident that claimed one man’s life.

According to a local news report covering the incident, the driver of a dump truck was traveling west on an interstate with its bed raised when it struck an overhead sign at an exit. The impact caused the sign to fall, and it landed on a 2019 Ford F-150, driven by a 62-year-old man. Tragically, the 62-year-old man died as a result of the accident.

While it is unlikely that the dump truck driver intentionally hit the overhead sign trying to kill the driver in the Ford behind him, that does not mean the truck driver can’t be held responsible. While criminal charges have not been filed against the driver, this case may still lead to civil charges. Specifically, the deceased victim’s family may decide to bring a wrongful death suit against the dump truck driver, an avenue available to many Maryland residents who lost a loved one in a truck accident.