Maryland Trucking Accident Lawyer Blog

Time Limits for Filing an Injury or Wrongful Death Claim after a Maryland Truck Accident

April 13, 2020 | Lebowitz & Mzhen

Maryland truck accident cases are subject to the statute of limitations applicable in the case. The statute of limitations is the amount of time in which a lawsuit must be filed and varies based on the type of claim. Generally, under Maryland Code section 5-101, Maryland personal injury claims have a statute of limitations of three years. Typically, Maryland wrongful death claims also are subject to a three-year statute of limitations under Maryland Code section 3-904(g).

In general, statutes of limitations are strictly construed, and failing to file a claim within the allotted time will result in a dismissal of the claim. However, there are some exceptions. The statute may be tolled, for example, if the plaintiff if a minor or could not have known about the injury when it occurred.

In cases involving the city or state, additional requirements and limitations apply. For example, when filing a claim against the state under the Maryland Tort Claims Act, a claimant must submit a written claim with the State Treasurer within one year of the cause of action arising. The claim to the state also has to include a statement explaining the facts and specific damages alleged. In general, the case can be filed in court only after the Treasurer denies the claim. Filing a claim with the State Treasurer tolls the statute of limitations for 60 days after a final denial is made by the State Treasurer.

Firetruck Causes Nine-Vehicle Crash, Illustrating the Importance of the Maryland Tort Claims Act

April 7, 2020 | Lebowitz & Mzhen

Typically, individuals are grateful when they see fire trucks on the roads, responding to emergencies and saving lives. Maryland firefighters are first responders to many emergencies and perform an essential governmental function. However, there may be tragic instances when fire trucks, speeding to get to a burning building, cause more harm than good and cause an accident.

A recent incident illustrates this point. Last month, a fire truck was responding to a call at around 8:15 in the evening when it hit a car. According to a local news report, this led to a multi-vehicle crash involving seven other vehicles and significant injuries. Two individuals were trapped inside of a car and had to be extracted, and six people were taken to local hospitals, two as trauma alerts. The nine-vehicle crash was so significant that all lanes of the road were closed in the aftermath. While the condition of those injured is still unknown, there are likely to be long-term severe injuries and medical bills as a result of this tragic accident.

While nothing can undo the damage that was done that evening, those who were injured in the incident may have a route to financial recovery. Under the Maryland Tort Claims Act, the state government, including the fire department, may be sued in personal injury lawsuits. If it was found that the firefighters driving the truck were acting negligently in some way that led to the accident, the injured victims might be able to recover for their injuries, pain and suffering, lost wages, and medical bills, each up to $400,000. However, successfully filing a personal injury suit against a government entity is difficult to do, with more procedural requirements and regulations than typical lawsuits against other civilians or private businesses.

A Particularly Fatal Type of Truck Accidents—Underride Crashes—Threaten Maryland Drivers

March 27, 2020 | Lebowitz & Mzhen

Tragedy recently struck when a 32-year-old woman was instantly killed in a truck accident. According to a local news article covering the accident, the incident occurred when the victim, a 32-year-old woman, driving a Jeep failed to respond to oncoming traffic and ran directly into the rear of a semi-tractor trailer in front of her. She was pronounced dead at the scene of the accident. While truck accidents occur all the time, this type of accident was a particular type called an “underride crash,” which can be especially fatal for Maryland residents.

An underride crash is a particular type of accident where a car slides underneath a large truck or semi-trailer. These crashes happen all across the country, including Maryland, and are often fatal, killing hundreds of people every year. While some large trucks have underride guards on them – large metal barriers at the back to stop vehicles from sliding under—research has found that these often fail to protect drivers. The guards tend to collapse and bend under when a car runs into them.

Congress has attempted to stop underride crashes. In March of 2019, the STOP Underrides Bill was introduced into Congress, which would allow engineers to put more effective protections on every truck, helping to end preventable tragedies. However, the bill has not been passed. In fact, according to a petition supporting the bill, it’s been 22 years since the last underride regulation was passed. In that time, more than 4,000 people have died in these tragic accidents.

Are Trailer Brakes Required When Towing on Maryland Roads?

March 20, 2020 | Lebowitz & Mzhen

Recently, a state appellate court issued an opinion raising an interesting issue discussing whether a vehicle owner has a duty to install brakes on their trailer. Ultimately, the court did not come to a definitive decision, and remanded the case for further consideration. However, the opinion provides insight into the court’s considerations.

According to the court’s opinion, a woman was asked by her father to transport a load of palm fronds using his truck and trailer. Originally, the woman’s father had planned on making the trip himself, but he was not feeling well on the day of the trip. The trailer was not equipped with brakes and was loaded past its capacity.

While the woman was transporting the load, traffic in front of her suddenly slowed. As the woman tried to brake, she realized she was not going to stop in time, so she swerved onto the shoulder. Unfortunately, as the vehicle entered the shoulder, it struck the plaintiff who was waiting for the bus.

Recent Truck Accident Serves as a Reminder of the Risks Maryland Truck Accidents Pose

March 13, 2020 | Lebowitz & Mzhen

Recently, three family members were killed in a truck accident while on vacation. This accident serves as a sobering reminder of how quickly Maryland truck accidents can change someone’s life in an instant. According to a local news report covering the tragic incident, the family of eight—two parents, two grandparents, and three children—were driving in a rental van on a Florida highway one day when traffic started to slow down. Then, for reasons still unknown to authorities, a truck suddenly rear-ended their vehicle, causing it to roll over and resulting in serious injuries. The truck also hit two other vehicles, but no one in either of those vehicles was seriously injured.

The three victims in the family van were a 41-year-old woman, her 5-year-old daughter, and her 76-year-old mother. The father, grandfather, and one of the other children were also injured and had to be hospitalized, with the 11-year-old child still in critical condition the next day. Authorities are still unsure why the truck did not stop but were able to determine through an investigation that the truck driver was at fault. The crash remains under investigation, and so it is not yet clear whether or not criminal charges will be filed. However, regardless of whether or not there are criminal charges, the surviving victims may be able to bring a claim on their behalf and on behalf of their deceased family members to recover some monetary compensation in the wake of this tragic accident.

If the plaintiffs are able to prove that the truck driver owed a duty of care to their loved ones, and that their loved one’s death was caused by the defendant’s breach of that duty, they may be able to recover financial compensation for their losses. Depending on the specific facts of the case, this may include amounts for funeral and burial costs, past and future medical bills, psychiatric care needed to emotionally recover, lost wages, and general pain and suffering endured. While this monetary compensation will not undo the damage that has been done or bring back the loved ones, it may help the family by allowing them to not worry about finances in the aftermath of such a devastating tragedy.

Employer Liability in Maryland Truck Accidents

March 5, 2020 | Lebowitz & Mzhen

Anytime a driver enters a Maryland highway, they usually share the road with one or more trucks. While most drives do not end in an accident, Maryland truck accidents do happen, and can cause serious injuries or even death to those involved. When someone is injured in one of these accidents, Maryland law allows a motorist to sue the negligent driver to recover for medical bills, pain and suffering, and lost wages. Additionally, the state’s law allows injured victims to also bring suit against the negligent driver’s employer, if the driver was acting in the scope of his employment when the accident occured. For example, if a delivery driver runs a red light and gets into an accident while on his way to deliver a package, someone injured as a result may be able to sue both the driver and the company the driver works for.

However, there are strict limits and rules on when an employer can be held liable and when they cannot. Generally, the rule does not apply to independent contractors, as highlighted in a recent federal appellate case. According to the court’s written opinion, the defendant was driving a tractor-trailer to make a delivery in another state when the driver got into an accident, seriously injuring a mother and daughter inside another vehicle. The two victims filed suit, alleging that the driver had been negligent and that the two companies who he worked for were also liable, since he was acting in the scope of his employment when the accident occurred.

The companies filed a motion for summary judgment, stating that they could not be held liable because the driver was an independent contractor, not an actual agent of the company. The trial court granted the motion, leading to a subsequent appeal. On appeal, the plaintiffs argued that the driver was an employee and agent, but the court disagreed. Looking at the text of the contract between the driver and the companies, the court found that the companies did not have sufficient control over the driver to be held liable for his actions. As a result of the court’s decision, the plaintiffs could not seek compensation from the companies, and their suit could proceed only against the truck driver.

Recent Case Highlights Difficulty of Recovering After Maryland Train Accident

February 25, 2020 | Lebowitz & Mzhen

In a recent opinion, a state appellate court considered a wrongful death claim arising out of a train accident, ultimately concluding that the plaintiff was not entitled to relief. The tragic facts of the case and the plaintiff’s loss in court highlights something Maryland train accident victims know all too well: the difficulty in recovering against railroad companies when accidents occur.

According to the court’s written opinion, the tragic accident happened one morning when the victim, a 16-year-old girl, was walking to her school bus stop, a route which required her to walk through a railroad crossing and across railroad tracks. The railroad crossing’s warnings, including the bells, whistles, flashing lights, and automatic lever blocking cars, were all working and activated, indicating to the public that a train was approaching. The victim did not heed the warnings, and instead began to walk across the crossing. Almost immediately after she stepped onto the tracks, a freight train hit her, killing her instantly.

The victim’s mother filed a wrongful death action against the railroad company, the train conductor, and the train’s engineer, alleging two things. First, that the company failed to ensure proper safety measures, such as a pedestrian barrier, were in place at the railroad crossing to prevent children from walking onto the track. Second, the plaintiff alleged that the train conductor and engineer were negligent in operating the train, making them vicariously liable for the accident. The defendants filed a motion for summary judgment, which the trial court granted. Subsequently, the plaintiff appealed.

Maryland School Bus Crashes

February 19, 2020 | Lebowitz & Mzhen

Over 450,000 school buses transport about 25 million children to and from school every weekday in the United States. While the majority of these trips happen without any issues or injuries, school buses are unfortunately susceptible to involvement in car and truck accidents just as all other vehicles are. For example, shocking footage of a tragic accident in Columbus, Ohio was recently released, showing a catastrophic crash from the inside of a school bus. The crash occurred in December 2019, when a person driving on the road ran a red light and hit the bus, causing it to veer off of the road and flip on its side. The children and the two drivers did sustain injuries, but fortunately, no one was killed in the crash. Maryland school bus accidents are unfortunately far too common.

School bus accidents demonstrate that drivers aren’t the only ones at risk when someone behaves recklessly on the road. Maryland car and truck accidents can have a significant and catastrophic impact on both drivers and their passengers, such as children riding to and from school on a school bus. According to recent statistics compiled by the National Safety Council, school bus crashes killed 117 people nationwide in 2018 and injured many more. These crashes can also seriously injure pedestrians and drivers and passengers in other vehicles, particularly due to school buses’ size.

Some may think that because many of the victims of these accidents are often underage school children that there may not be litigation in the aftermath. But that is not actually the case. While young children cannot feasibly bring a suit themselves, suits are frequently brought on their behalf in both state and federal court, seeking damages for their injuries from the party responsible for the accident. Oftentimes these suits are brought by the injured child’s parents, who have been financially burdened by their child’s medical bills and are seeking compensation. Parents and/or the family’s estate may also bring wrongful death suits in the tragic case that a child is killed in an accident, where they may recover for pain and suffering, burial and funeral costs, and more. Family members considering bringing such a suit are advised to consult with a Maryland personal injury attorney to maximize their chances of successfully navigating an oftentimes difficult area of the law.

Maryland Lawmakers Struggle to Curb Distracted Driving

February 11, 2020 | Lebowitz & Mzhen

In 2017, distracted driving killed more than 3,000 people, according to the National Highway Traffic Safety Administration. The problem has become increasingly common in Maryland and throughout the country over the past decade, posing a serious danger to Maryland drivers, passengers, and pedestrians. Handheld devices have become commonplace, and research from the AAA Foundation for Traffic Safety has found that for some drivers, the use of advanced driver technology in vehicles made those drivers more likely to engage in distracted driving.

In Maryland, the use of a handheld phone while driving is prohibited. Yet, the use of handheld devices remains prevalent. Maryland law enforcement officers issued more than 34,000 citations for use of a cell phone and more than 1,800 for texting while driving in 2016. Montgomery County, Maryland has tried to take the law a step further by recently introducing a proposal to install cameras to catch distracted drivers and mail out tickets to them, as used for some red light cameras.

All Maryland drivers must generally exercise reasonable care under the circumstances presented. Distracted driving can form the basis for a case against a distracted driver, which would normally be founded in negligence. A plaintiff has to prove the following in a Maryland negligence claim: the defendant had a legal duty to the plaintiff; the defendant failed to meet the duty; the plaintiff suffered damages; and, the defendant’s failure to meet the duty caused the plaintiff’s damages.

Holding Employers Accountable in Maryland Truck Accidents

February 4, 2020 | Lebowitz & Mzhen

In the unfortunate event of a Maryland truck accident, if an employee was behind the wheel, in some circumstances the employer may be able held liable as well. Under the doctrine of respondeat superior, an employer may be liable for the wrongful acts of its employees, as long as the acts were committed while acting within the scope of employment. The doctrine attributes the acts to the employer even without any wrongdoing on the part of the employer. Instead, the employer is held liable based only on the employer-employee relationship. Under Maryland law, an employer may be sued without suing the employee. The doctrine is meant to hold employers accountable for the actions of an employee because the employee is acting in the employer’s interest and also because the employer often can bear the financial loss better than an employee.

One recent case before a state appellate court illustrated the limits of respondeat superior. In that case, a car crash left a woman dead and her daughter injured. The crash occurred after the tire of another car separated from the car, crossed the median and hit the mother’s car. The husband of the woman (and father of the daughter) filed lawsuits against the driver, his employer, and other parties. According to the court’s opinion, as the employee was driving, another vehicle suddenly came into his travel lane and to avoid a collision, and he quickly changed lanes, causing his tire to come off. The plaintiff claimed that the driver failed to maintain the truck in a safe operating condition and that the employer was vicariously liable. The driver recently did work on his car and had removed the wheels. The employer filed a motion for summary judgment to be dismissed, but the trial court denied the motion.

On appeal, the employer argued that the driver was not driving negligently at the time of the collision. The driver of the vehicle worked as a construction technician. That day, he drove to a warehouse for work, and then drove with a co-worker to a job site. They left the job site and were driving to a guitar store before they had to be at the next job site. He and his co-worker both said that they did not notice anything wrong with the car.