Maryland Trucking Accident Lawyer Blog

Filing a Personal Injury Claim after a Maryland Truck Accident

May 17, 2018 | Lebowitz & Mzhen

Maryland has some of the most highly trafficked highways on the East Coast, due to its proximity to several major cities. The likelihood of an accident on a Maryland highway is an unfortunate risk for those traveling through Maryland. Regardless of whether a person is involved in a small fender-bender or a more serious Maryland truck accident, it is important that drivers are aware of their rights and remedies.

While it may be tempting to avoid calling law enforcement after a minor accident, it is very important that motorists report their accident. In some instances, it may be advisable to report it to the Maryland Motor Vehicle Administration as well.

A person who suffers an injury or property damage will likely report their accident to their insurance company, but that may not actually cover all of their damages. In these instances, a person should consider contacting a Maryland personal injury attorney and filing a lawsuit to recover compensation for their injuries. In most personal injury cases, a person has to file their claim within three years, but there are some exceptions that would require a claim to be filed earlier.

Maryland Truck Accidents Caused by Improperly Secured Cargo

May 10, 2018 | Lebowitz & Mzhen

The chances are that anyone who has spent much time driving on Maryland’s highways has seen the remnants of an improperly secured load of cargo lying on the side of the highway. Often, a driver may not notice that they have lost part of their load, or the driver may make the conscious decision to keep on moving to avoid the hazard and potential liability from trying to remove the spilled cargo from the highway.

Whatever the cause may be, spilled cargo can easily result in a serious Maryland traffic accident. Indeed, the American Automobile Association estimates that there are over 200,000 accidents each year caused by road debris, including approximately 500 fatalities. This figure includes accidents that are caused by the ubiquitous remains of shredded tires resulting from semi-truck tire blowouts.

Most of the time, spilled cargo falls from vehicles with open-air beds, such as pick-up trucks, dump trucks, tow trucks, and garbage trucks. But on occasion, a semi-truck driver fails to properly secure the rear doors, and cargo can spill out the back of the truck. In any event, a driver who fails to properly secure their load can be held liable for any injuries caused as a result of the spillage. A truck driver may also be liable if the remnants from their shredded tire cause an accident, but locating the owner of such remnants often proves to be difficult.

Court Finds in Plaintiff’s Favor in Recent Public Transit Accident Case

May 3, 2018 | Lebowitz & Mzhen

Recently, a state appellate court issued a written opinion in a car accident case discussing the admissibility of certain evidence presented by the defense. Ultimately, the court concluded that the evidence was properly excluded and affirmed the $1.2 million verdict in favor of the plaintiff. The case is important for Maryland public transit accident victims because it illustrates the importance of expert testimony, as well as the importance of keeping potentially harmful evidence out of the jury’s consideration.

The Facts of the Case

The plaintiff was involved in a car accident with a public transportation vehicle. Although the damage to each vehicle was minor, the plaintiff suffered lingering injuries as a result, including bulging discs.

The plaintiff filed a personal injury lawsuit against the transportation authority, arguing that the negligence of the driver caused his injuries. In its defense, the transportation authority presented the testimony of an expert witness who planned on testifying regarding the “severity of the impact.” Evidently, the expert’s area of study involved the forces that are present in car accidents and how those forces relate to commonly experienced forces someone may experience in everyday life. The expert was not to present any medical evidence or opinion.

Maryland Auto Accidents Involving Stationary Trucks and Equipment

April 25, 2018 | Lebowitz & Mzhen

When most people think of a truck accident, images of a massive semi-truck careening out of control down the highway come to mind. And to be sure, many Maryland truck accidents do occur at high speeds on the highway. However, there is also a significant portion of truck accidents that occur when a truck is stationary and pulled off to the side of the road.

In most cases, when a semi-truck has been pulled off the road, it is due either to a mechanical problem or the driver’s decision to pull over and get some rest. Indeed, truck drivers should pull over when they are tired to prevent the possibility of causing an accident. However, Maryland truck drivers have a duty to ensure that when they pull off the road, they are doing so in a safe manner and are not blocking the free flow of traffic. For example, truck drivers should always place warning cones or triangles along the road’s shoulder, providing notice of the truck to approaching drivers.

It is also common to see a stationary semi-truck or other large commercial vehicle that has been partially pulled off the road but is still blocking part of the lane nearest the shoulder. This puts motorists at an increased risk of being involved in an accident because even the most attentive motorist may find themselves without enough room to safely get by.

Roadside Accidents Involving Maryland Semi-Trucks

April 18, 2018 | Lebowitz & Mzhen

Chances are, anyone who has spent much time driving has ended up stranded on the side of the road with a flat tire, empty gas tank, or some other mechanical problem. Not only is this an incredibly frustrating experience, but it is also a very dangerous one.

While the number of accidents involving one or more stationary vehicles on the side of the road is small, these accidents represent a disproportionate number of the fatal Maryland car accidents reported each year. This is due to several reasons, but primarily these accidents are so serious because they involve one vehicle – often a semi-truck – traveling at very high speeds.

Truck drivers are often involved in roadside accidents. For one, semi-trucks spend a lot of time on the road. More important, however, is the fact that these trucks are massive, and it only takes a small misjudgment to cause what can turn out to be a serious accident. Additionally, the drivers who operate these large trucks are often doing so for hours on end with little sleep.

Determining Liability in Multi-Vehicle Maryland Truck Accidents

April 11, 2018 | Lebowitz & Mzhen

While some Maryland truck accidents involve only the truck and another vehicle, it is not uncommon for an accident to involve several vehicles. This is because most truck accidents happen on the highway, which means these accidents often occur in close quarters and involve fast speeds. Often, inattentive motorists will not have sufficient time to react to avoid a collision and may end up causing a chain-reaction accident.

In these multi-vehicle accidents, determining which parties are legally responsible to the victims can be a difficult and complex task. For example, the obvious defendant is the driver who caused the initial accident. Establishing this driver’s liability is no different than if there were only two vehicles involved. However, there may be additional parties that bear responsibility.

If a motorist is traveling too fast for the conditions or is distracted at the time, they may not realize that traffic has slowed in front of them until it is too late. The result is often a chain-reaction accident. In these situations, the speeding or distracted motorist may also be named as a defendant.

Virginia Court Dismisses Product Liability Case Against Truck Manufacturer

April 4, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court issued a written opinion in a Virginia wrongful death case arising out of a fatal workplace accident. The court was tasked with determining whether the plaintiff’s product liability case against the manufacturer was sufficient as a matter of law. Finding that it was not, the court reversed the award that had been issued in favor of the plaintiff.

The Facts of the Case

The plaintiff was the estate of a factory worker who was killed while using a loading truck manufactured by the defendant. During a busy shift, the employee’s supervisor asked him to operate the lift truck, although the employee had not been certified to do so. The employee was loading bales of paper out of a trailer when the truck got stuck on the inclined ramp into the trailer.

With the assistance of a colleague, the employee engaged the parking brake, got out of the truck, and attached a tow chain to the rear of the truck. However, when the employee was behind the truck, the parking brake failed, and the truck traveled down the inclined ramp, crushing and killing the employee.

The Legal Issues Presented by the Increased Prevalence of Autonomous Vehicles

March 28, 2018 | Lebowitz & Mzhen

Over the past decade, autonomous vehicles have become a reality. Not just that, but also there are more autonomous cars out on the road each month as more and more manufacturers release autonomous and semi-autonomous models. Of course, autonomous cars present a number of benefits to motorists; however, they also present an equal number of safety risks.

Not only do autonomous vehicles present safety risks, but they also present myriad legal issues that have been unanticipated until now. Thus, courts are going to be required to come up with ad hoc rules to govern the determination of liability in Maryland truck accidents involving autonomous vehicles.

Autonomous Truck Kills Pedestrian

Earlier this month, a woman was killed as she crossed the road in front of a driverless truck that was operated by the ride-share company Uber. According to a recent news report, the truck was traveling at approximately 38 miles per hour in a 35 mile-per-hour zone, when the woman suddenly came out of the shadows and into the path of the truck.

Court Refuses Defense Request for Instruction on Mitigation of Damages in Recent Truck Accident Case

March 20, 2018 | Lebowitz & Mzhen

Earlier this month, an appellate court issued a written opinion in a truck accident case raising an interesting issue that occasionally comes up in Maryland truck accident cases. Specifically, the court had to discuss whether it was an error for the lower court to refuse to instruct the jury on the plaintiff’s duty to mitigate damages. Ultimately, the court concluded that the trial court was acting within its discretion when it refused to give the requested jury instruction.

The Facts of the Case

A truck driver was involved in an accident when he rear-ended another truck that was traveling 15-18 miles per hour on the highway. After the collision, the man’s truck caught on fire. The man’s son happened to be passing by and recognized his father’s truck. The son attempted to rescue his father but was unable to do so. He was seriously burned as a result of his rescue efforts.

Later, the son told other members of his family about his father’s death. As may be suspected, the deceased driver’s wife suffered serious emotional distress as a result of hearing the news and had to be hospitalized. She was unable to return to work due to the severity of her depression.

Maryland Truck Accidents Caused by Faulty Equipment

March 11, 2018 | Lebowitz & Mzhen

While the majority of Maryland truck accidents are results of driver error, a significant portion of truck accidents are caused by faulty equipment. Indeed, according to recent government statistics, the single most common cause of truck accidents is brake failure, which accounts for approximately 15,000 truck accidents each year. The second most common equipment error is tire-related issues, which are responsible for about 3,000 accidents per year.

Truck drivers, like other motorists, are responsible to maintain their vehicles. This includes making sure that all critical systems are in good working condition before heading out on the road. Truck drivers must also take care to ensure that their cargo loads are safely packed to avoid cargo shift, which is another leading cause of truck accidents.

When a truck driver fails to take the necessary precautions, and an equipment failure causes an accident, the truck driver may be held liable for any injuries that occur as a result of the equipment failure. In some cases, the trucking company that owns the truck or employs the driver may also be held liable.