Maryland Trucking Accident Lawyer Blog

Who Is Liable in a Maryland Bus Accident?

July 4, 2019 | Lebowitz & Mzhen

Bus drivers carry enormous responsibility in that they are trusted to safely transport dozens of people each time they get behind the wheel. Because of this weighty responsibility, bus drivers are classified as “commercial drivers” and must obtain a commercial driving license. And while the vast majority of bus drivers are well qualified and buses are usually relatively safe for passengers, Maryland bus accidents are not uncommon.

When it comes to determining potentially liable parties in a Maryland bus accident, the obvious place to start is with the driver. Bus drivers have a legal duty to safely operate the vehicle at all times. This duty extends not just to bus passengers, but also to other motorists on the road.

Most bus drivers work for a company, whether it be a coach business, tour company, or a government agency. In many cases, these organizations can also be liable for injuries caused by their bus drivers. Under a legal theory named vicarious liability, an injured motorist can seek to hold the employer of a negligent bus driver responsible for their injuries. The theory is premised on the idea that the employer should not be able to avoid liability when a negligent employee causes an accident while acting on behalf of his employer.

Crash Involving Maryland Garbage Truck Sends Two to Hospital

June 26, 2019 | Lebowitz & Mzhen

Earlier this month, a Maryland traffic accident involving a garbage truck sent two workers to the hospital. According to a recent news report, the collision occurred during a regular trash pick-up, when the driver of the truck moved over in an attempt to let oncoming traffic pass. At the time, two workers were holding onto the back of the truck, collecting trash in a residential neighborhood.

Evidently, as the truck moved to the side of the road, one of the truck’s tires slipped off the road, causing the truck to glance a utility pole. After the initial collision, the worker riding on the passenger side of the truck slammed into the pole. The other worker also fell from the truck. When police arrived, they found both men seriously injured. One worker was flown by helicopter to a nearby hospital, and admitted with life-threatening injuries. The other worker was taken to the hospital by ambulance, and is expected to recover from their injuries.

Law enforcement believes that the cause of the accident was driver error because the truck failed to remain in its lane of travel. A police investigation is underway; however, speed is not believed to be a factor, and drugs or alcohol are not thought to be involved in the crash.

How to Recover Financial Compensation after a Maryland Truck Accident

June 19, 2019 | Lebowitz & Mzhen

Truck drivers are trusted to operate some of the most dangerous vehicles on the road. And while most tractor-trailer drivers take their job seriously and would not intentionally do anything to put themselves or other motorists at risk, there are some exceptions. Some semi-truck drivers place more importance in getting to their destination quickly than getting there safely.

There are many causes of truck accidents. However, distracted and drowsy driving are two causes that are disproportionately represented among all fatal Maryland truck accidents. Truck drivers are compensated by the mile, so the more mileage a driver can cover in a day, the more money they will make. As a result, some drivers ignore the signs of fatigue or try to delay tiredness from setting in by taking both legal and illegal substances.

While it is not against the law for a truck driver to have a legal substance such as caffeine in their system, it can contribute to the driver feeling jittery and may impact their judgment. In addition, when the effects of the caffeine wear off, the driver may experience a significant drop in their energy level, increasing the likelihood that they will doze off while behind the wheel.

The Feres Doctrine May Act to Preclude Maryland Military Personnel from Pursuing Claims Against the Government

June 12, 2019 | Lebowitz & Mzhen

Those who have been injured in a serious Maryland personal injury accident allegedly caused by a government employee can generally pursue a claim against the government under the Federal Tort Claims Act (FTCA). While the federal government was originally immune from civil liability, the FTCA acts as a waiver of governmental immunity in certain situations. However, if an accident victim is unable to establish that their claim falls under the FTCA, then a court will likely dismiss the case on the grounds of immunity.

The Feres doctrine is an exception to the FTCA. The doctrine was essentially created by the United States Supreme Court in the case, Feres v. United States. Specifically, the doctrine holds that the United States cannot be held liable by military personnel who are injured while on active duty (and not on furlough) and are injured as a result of another military personnel’s negligence. The practical effect of the Feres doctrine is that those on active military duty cannot pursue a personal injury or wrongful death claim against the United States if another service member’s negligence caused their injuries.

Application of the Feres doctrine can result in seemingly unfair results; however, before the government can rely on the doctrine, it must prove that each of the elements is met. A recent fatal traffic accident provides an example of a situation where the Feres doctrine may not be appropriate.

Recovering Damages After a Maryland Truck Accident on the Roadside

June 4, 2019 | Lebowitz & Mzhen

Among the hazards that motorists must address when driving on the highway are large trucks parked on the road’s shoulder. There are a number of legitimate reasons why a Maryland truck driver may pull their rig over. For instance, a truck driver may feel fatigue setting in and decide to pull over rather than risk driving while drowsy. While there is generally no traffic law prohibiting a motorist from pulling over to the road’s edge when necessary, a motorist must take care when parking their vehicle to avoid obstructing traffic and must pull off at an appropriate location.

In May 2019, a state appellate court issued a written opinion in a personal injury case discussing a situation involving a motorist who was seriously injured after rear-ending a truck driver who had pulled over near a highway offramp. According to the court’s opinion, the plaintiff was entering the highway when he crossed into the “gore area,” which is the triangular area between the highway and the ramp. Evidently, the plaintiff’s car rear-ended a parked semi-truck.

Apparently, the truck driver had been traveling on the highway when he noticed red warning lights on the dashboard. Shortly afterward, the engine lost power, and the truck driver pulled into the gore area. The truck driver immediately called his employer, and about five to eight minutes later, the plaintiff rear-ended the truck. The plaintiff suffered catastrophic injuries as a result of the accident.

Maryland Truck Accidents Caused by Drowsy Driving

May 28, 2019 | Lebowitz & Mzhen

Maryland truck drivers are required to safely operate their rigs at all times. However, truck drivers are human and will frequently make mistakes or errors in judgment. One of the more common mistakes we see truck drivers make is driving while too tired. Drowsy driving is most likely to result in rear-end accidents.

According to the Center for Disease Control, drowsy driving accounts for 6,000 fatal accidents each year. The actual figure is believed to be higher due to drowsy drivers failing to disclose the actual cause of the accident, blaming it on some other factor. Regardless, drowsy driving is a significant safety concern, especially among truck drivers, who are often compensated based on each mile traveled. Maryland truck drivers are financially incentivized to drive as many hours per day so that they can more quickly reach their destination, get home, and begin another trip.

State and federal regulations require that truck drivers obtain a certain amount of rest each day, and take breaks in between long trips. For example, truck drivers can only drive 11 hours in a 14-hour period, and must take a 30-minute break such that the driver is not continuously driving form more than eight hours. Additionally, truck drivers must complete “rest logs” in which the driver documents his travel and rest hours.

Maryland Truck Accidents Caused by Dangerous Roads

May 21, 2019 | Lebowitz & Mzhen

Many Maryland truck accidents have multiple causes. Of course, the majority of truck accidents are caused at least in part by a driver’s negligence. However, a significant number of these accidents also involve either poorly maintained or defectively designed roads.

Traditionally, states were immune from lawsuits brought by citizens who were injured due to the negligence of a government employee. However, under the Maryland Tort Claims Act (MTCA), much of the state’s governmental immunity is waived. Of course, there are specific procedural requirements that must be strictly adhered to when pursuing a claim against a government entity, and there may also be a cap on the maximum amount of damages that can be obtained.

One issue that frequently comes up in Maryland truck accidents is the government’s potential liability for poorly designed roadways. In a 2011 case, the Maryland Court of Special Appeals held that the state government is not entitled to immunity in a claim alleging the negligent construction of a bridge. Specifically, the plaintiff in that case argued that the government was negligent when it failed to install a barrier that was necessary to make the bridge safe.

Maryland Multi-Vehicle Accidents Involving Large Commercial Vehicles

May 13, 2019 | Lebowitz & Mzhen

After a Maryland truck accident, anyone injured in the accident can pursue a claim for compensation against any party they believe was responsible for causing their injuries. In many truck accident cases, both the truck driver as well as the driver’s employer can be named as a defendant.

To establish liability against a trucking company, the plaintiff must be able to show that the truck driver was acting within the scope of his employment at the time of the accident. Naming a truck driver’s employer as a defendant can be critical to an injury victim’s ability to fully recover for their injuries because the damages sustained in a serious Maryland truck accident may exceed the personal insurance limits of an individual truck driver.

Under Maryland law, when a plaintiff names multiple defendants in a lawsuit, the jury will first determine the total damages suffered by the plaintiff. Then, the jury will be asked to assign a percentage of fault to each party, including the plaintiff.

Equipment Failures Are Among the Leading Causes of Maryland Truck Accidents

May 7, 2019 | Lebowitz & Mzhen

When one thinks of a Maryland truck accident, images of an intoxicated, sleepy, or distracted truck driver often come to mind. And while it’s true that these account for a large number of Maryland truck accidents, equipment failure is also a major – and often overlooked – cause of these serious accidents.

Like all vehicles that are licensed to operate on Maryland’s public roads, semi-trucks must pass certain safety inspections. The Department of Transportation (DOT) requires that all trucks are inspected at least annually. There are six types of DOT annual inspections, some being much more thorough than others. Generally, these inspections review the fitness of the driver as well as the vehicle. In addition to the DOT annual inspection, motor carriers are responsible for performing periodic vehicle inspections. These periodic inspections focus on the various components of the vehicle, such as the braking system, steering system, lights, exhaust, as well as the tires and rims.

When a semi-truck or other large commercial vehicle is not properly inspected, the chance of the vehicle being involved in a serious Maryland car accident drastically increases. These accidents can have a devastating impact on nearby vehicles. Depending on the nature of an equipment failure, there may be several parties that can be held liable for an accident victim’s injuries.

Who Is Liable in a Maryland Tour Bus Accident?

April 29, 2019 | Lebowitz & Mzhen

The Nation’s Capital draws millions of tourists each year. While the area benefits from the tourism revenue, tourists can also make the city, as well as the surrounding areas, feel overly crowded, especially in the summer months. In addition, the influx of tour buses creates a serious hazard for Maryland, Virginia, and Washington, D.C. pedestrians, motorists, and bicyclists.

While tour buses are probably best known for causing minor annoyances, such as taking up several parking spots on already crowded streets or stopping at inconvenient locations to pick up and drop off passengers, the reality is that tour buses have the potential to cause major catastrophes. Of course, Maryland bus accidents can affect the passengers on the bus, but inattentive bus drivers also put pedestrians and other motorists at risk.

When a tour bus is involved in a serious or fatal Maryland traffic accident, those who were injured in the accident can pursue a Maryland personal injury lawsuit against the responsible parties. If the accident resulted in the death, the accident victim’s family members may be entitled to compensation through a Maryland wrongful death lawsuit. Determining which parties are responsible can be tricky; however, this determination is also imperative because serious Maryland bus accidents may result in significant liability that may exceed the insurance limits of just one party. Commonly named parties include:

the bus driver,
the company that owns the bus, and
other motorists who may have contributed to the accident.

Of course, depending on the facts surrounding the accident, there may be additional liable parties.
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