Maryland Trucking Accident Lawyer Blog

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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Dealing with Difficult Insurance Companies after a Maryland Truck Accident

April 17, 2019 | Lebowitz & Mzhen

As if dealing with the physical and emotional trauma of being involved in a Maryland truck accident is not enough, accident victims must also worry about how they will pay for their medical expenses given the fact that they may have missed work. Auto insurance is supposed to help accident victims obtain quick compensation for their injuries; however, as anyone who has been involved in an accident before may know, insurance companies are notoriously difficult to work with.

An insurance policy is a contract between the insurance company and the insured. The fundamental nature of a Maryland insurance policy is that the insured agreed to pay a premium in exchange for the insurance company’s promise to compensate them for certain losses in the event of an accident. However, insurance policies are complex legal documents that precisely define what drivers and types of accidents are covered.

When an insurance company determines that a claim is not covered, they deny payment. Because insurance companies have an interest in paying out as little as possible in claims, they invest significant resources in legal representation in hopes of limiting their liability. Needless to say, this can be frustrating for Maryland car accident victims who rely on insurance proceeds to get their life back on track after a serious accident.

Maryland Accident Victims May Be Prevented from Recovering for Their Injuries if They Share Responsibility for the Accident

April 11, 2019 | Lebowitz & Mzhen

In many Maryland truck accidents, an accident victim’s injuries are solely the fault of a single defendant. For example, if an intoxicated or sleep-deprived truck driver causes an accident on a Maryland highway, chances are that the other motorists involved in the collision could not have done anything to avoid or prevent the accident. These cases tend to be straightforward.

There are other Maryland truck accidents, however, in which the determination of who was at fault is far from crystal clear. In fact, it is common in Maryland personal injury cases for the defendant to claim that the plaintiff shared in the responsibility for causing an accident. This is because, under Maryland’s strict contributory negligence rule, if a defendant is able to shift even a small percentage of fault onto the plaintiff, the plaintiff’s claim will be dismissed. Virginia also applies the contributory negligence doctrine to most personal injury actions.

Maryland and Virginia are somewhat unique in their application of the contributory negligence doctrine. Most other states apply what is known as the comparative fault doctrine. Under a comparative fault analysis, a plaintiff who is partially at fault for causing an accident can still recover for their injuries, but will have their total compensation award reduced by their own percentage of fault.

Establishing Liability in a Maryland School Bus Accident

April 5, 2019 | Lebowitz & Mzhen

When parents allow their children to take the bus to school, they assume that the bus driver will get their children safely to and from school. Indeed, for the most part, school bus drivers are highly qualified drivers; however, even experienced drivers can occasionally make mistakes.

Earlier this month, a group of Maryland students were involved in a Maryland school bus accident in Schuylkill County. According to a local news report, the accident occurred around 9:45 in the morning as the students were on their way to the Holocaust Museum in Washington, D.C. Evidently, the bus was on the highway when the driver noticed that a vehicle ahead had come to a stop. The driver of the bus attempted to swerve around the stopped vehicle, but ended up crashing into a propane tanker.

The bus, which was chartered by the school, contained 52 occupants, including 47 students, the driver, and four adult chaperones. Authorities reported that bus driver and two students sustained non-life-threatening injuries in the accident.

Maryland Weather-Related Truck Accidents Increase in Winter Months

March 27, 2019 | Lebowitz & Mzhen

For a relatively small state, Maryland has a dense network of highways connecting several major cities on the eastern seaboard. As a result, Maryland gets a significant amount of semi-truck traffic throughout the year.

At the same time, it is not unusual for Maryland to receive snow for five months out of the year. And while many motorists may decide to stay home when road conditions become compromised due to the weather conditions, semi-truck drivers have added pressure to get to where they are going. It is no surprise, then, that during the winter months, there is a noticeable increase in the number of Maryland truck accidents.

It’s true that semi-truck drivers face pressure from employers to deliver goods as quickly as possible. In most cases, truck drivers are financially incentivized to complete their route quickly. However, this pressure often results in truck drivers deciding to drive during storms or when road conditions are unsafe. It is this same pressure that is also the root cause of many Maryland drowsy driving truck accidents.

Recovering after a Maryland Rear-End Truck Accident

March 19, 2019 | Lebowitz & Mzhen

Any time a semi-truck is involved in an accident with other motorists, it is very likely that there will be significant injuries. Maryland rear-end truck accidents, are no exception. Indeed, it is estimated that rear-end truck accidents are responsible for over 23,000 injuries and 700 fatalities across the country each year.

The most cited reason for the large number of rear-end truck accidents is the stopping distance of large trucks, especially when they are fully loaded and traveling at highway speeds. According to the U.S. Department of Transportation, it takes the average truck the length of two football fields to come to a complete stop when traveling at 65 miles per hour.

While the significant stopping distance of semi-trucks certainly plays a role in many rear-end accidents, it is somewhat misleading to label the truck’s stopping distance as the cause of these accidents. In reality, many of these accidents are the result of the truck driver’s negligence. Commercial truck drivers are trained to operate large vehicles at high speeds, and should be familiar with how to do so safely. This includes knowing how long it takes their rig to come to a complete stop. However, often, truck drivers follow too closely, leaving little to no time to react if the vehicle in front of them unexpectedly slows down or comes to a stop.

Are Cars with Autopilot Technology a Danger to Maryland Motorists?

March 12, 2019 | Lebowitz & Mzhen

The mass production of cars that are equipped with autopilot technology is now a reality. For the most part, the technology works well and is generally accepted to be safe. However, many are concerned that the increased prevalence of these vehicles will result in a spike in Maryland truck accidents.

In fact, earlier this month, another fatal collision involving a Tesla vehicle occurred on a Florida highway. According to a recent news report, the crash occurred when an eastbound semi-truck came to a stop at a stop sign. After the semi-truck entered the intersection in preparation to make a left-hand turn, a south-bound Tesla crashed into the side of the truck. Apparently, neither the car’s autopilot technology nor the driver of the Tesla saw the truck enter the highway.

The collision sheared the roof off of the Tesla, and the car continued in auto-pilot mode for another 500 yards before coming to a complete stop. The driver was pronounced dead at the scene by emergency responders.

Why It Is Helpful for a Truck Driver to Be Cited Following a Maryland Truck Accident

March 5, 2019 | Lebowitz & Mzhen

Typically, when someone is injured in a Maryland truck accident, to successfully recover for their injuries, the accident victim must be able to establish that the driver violated a duty of care that was owed to the plaintiff, and that this violation was the cause of their injuries. In most cases, establishing that a duty was owed to an accident victim is straightforward because motorists owe all other motorists a duty of care to follow all traffic laws and safely operate their vehicle.

The determination of whether the defendant violated a duty that was owed to another driver, however, can be quite tricky in some circumstances. In fact, in many Maryland truck accident cases, this is the most contested issue because, although the standard is supposed to be an objective one, there is an element of subjectivity anytime a jury is asked to weigh in on another’s conduct.

Under the doctrine of negligence per se, however, if the defendant is found to have violated a qualifying statute, that defendant may be presumed to have been negligent. Thus, in these cases, courts look to the fact that the defendant violated a particular statute rather than try to determine whether the defendant breached a duty that was owed to the plaintiff. In other words, the law prescribes the defendant’s duty. This means that aside from showing the defendant violated the statute, the plaintiff must only show that the defendant’s violation of the statute was the proximate cause of their injuries.

Maryland Truck Accidents Caused by Icy Road Conditions

February 27, 2019 | Lebowitz & Mzhen

With the most recent storm, many areas in Maryland received several inches of snow. While many people were told not to come to work due to the weather, others did not have a choice and were forced to negotiate the dangerous conditions. Indeed, according to a recent report, in just a single five-hour period Maryland State Police responded to nearly 100 accidents and 70 reports of disabled or unattended vehicles. During that same period, Virginia police reported over 400 accidents.

While inclement weather affects all motorists, truck drivers are perhaps the most impacted. When road conditions are wet or slick, the inherent dangers of operating a large vehicle become heightened. For example, during inclement weather conditions, a truck driver’s visibility of the road ahead dramatically decreases. At the same time, the distance a truck needs to come to a complete stop increases significantly. Thus, unless a truck driver takes precautionary measures, the chance of the truck driver causing a Maryland weather-related truck accident greatly increases.

Maryland truck drivers, like all other drivers, have a duty to other motorists on the road. In addition to following all traffic laws and posted signage, this duty requires truck drivers to take the current weather conditions into account.