Maryland Trucking Accident Lawyer Blog

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.

Major Truck Accident on Snowy Road Sends 29 to the Hospital

March 5, 2018 | Lebowitz & Mzhen

Earlier this week, an accident involving two semi-trucks, two buses, and several passenger cars sent 29 people to the hospital, several with serious injuries. According to a local news report, the collision occurred in the evening hours during a time when roads were slick due to the recent snowfall.

Given the magnitude of the accident, authorities have yet to determine exactly what happened in the moments leading up to the accident. Witnesses told reporters that the two semi-trucks involved in the accident were traveling at a high rate of speed, which resulted in the trucks being unable to stop in time to avoid the collision. Once the trucks crashed into the buses, other motorists nearby got involved in a chain-reaction accident, similar to many Maryland bus accidents that we have seen.

One of the buses was pushed off to the side of the road, where it teetered on the edge of an embankment. Those on board were told not to move until it was safe to do so. Accident reconstructionists surveyed the scene and its aftermath, and the accident is still under official investigation.

Court Rejects Government Claim of Immunity in Recent Accident Case

February 26, 2018 | Lebowitz & Mzhen

Earlier this month, a Georgia appellate court issued an opinion in a personal injury case that arose after the plaintiffs were involved in a serious accident involving a large piece of construction equipment that was left near the highway. The case is important to Maryland truck accident victims because it shows the type of analysis courts conduct when a government defendant claims official immunity.

The Facts of the Case

The plaintiffs were involved in an accident with a parked construction vehicle while traveling on the highway. At the time, they were traveling at approximately 35 miles per hour, and the road and weather were clear. Suddenly, the plaintiff driving the vehicle saw a “blur” and tried to avoid what ended up being a construction vehicle. The plaintiff was unable to avoid the vehicle, and the plaintiffs were injured as a result.

The construction team was working to fix a leaking pipe under the road’s surface. The team used a track hoe to break the asphalt and dig down to the pipe. The dirt that was removed from the hole was placed on the roadway. The team parked the excavating vehicle on the roadway but behind the dirt pile. No warning signs were placed in advance of the dirt pile.

Maryland Truck Driver Claims Faulty Brakes Were Responsible for Serious Multi-Vehicle Accident

February 19, 2018 | Lebowitz & Mzhen

Equipment failure is a major cause of Maryland truck accidents. Earlier this month, an accident between a dump truck and several other vehicles sent seven people to the hospital – three in critical condition. According to a local news report covering the accident, the collision occurred in the morning hours as the truck was hauling burn debris away from a recent wildfire.

Evidently, the dump truck was traveling downhill when it failed to stop at a red light at the bottom of the hill. The dump truck collided with a total of 10 vehicles as it careened through the intersection. Seven of the 10 vehicles caught fire, requiring a total of seven motorists to be taken to the hospital. Of the accident victims, three were admitted in critical condition.

The dump truck driver remained on the scene and has cooperated with police. When asked, the driver told police that he tried to apply the brakes, but the truck would not stop or even slow down. However, police have yet to label the cause of the accident as equipment failure and are conducting an in-depth investigation.

Truck Driver Prevented from Proceeding with Personal Injury Case Due to Procedural Missteps and Failure to Present Evidence of Negligence

February 12, 2018 | Lebowitz & Mzhen

When filing a Maryland truck accident claim, it is very important to comply with all of the necessary court rules and procedural requirements. A plaintiff’s failure to do so may result in the dismissal of a case that otherwise could have resulted in substantial compensation. In most personal injury cases, once a plaintiff retains counsel, these matters are left to the attorney handling the case. However, courts very rarely will excuse a plaintiff’s non-compliance, even if it was due to attorney error.

A recent case illustrates the difficulties one accident victim had after he failed to answer the defendant’s motion in a timely manner and also failed to present any evidence establishing that the defendant was negligent.

The Facts of the Case

The plaintiff was a truck driver who was transporting cargo that was packed by the defendant corporation. As the plaintiff opened the truck’s rear gate, several boxes that had been packed by the defendant fell on top of him, resulting in serious injuries.

Truck Driver Is Investigated Following Deadly Train Accident

February 5, 2018 | Lebowitz & Mzhen

Late last month, a train accident involving an Amtrak train and a garbage truck killed one and injured several others. According to a recently released news report, investigators have turned their attention to the driver of the truck, who witnesses say was “snaking” his way around the descended railroad crossing gates in the moments before the fatal collision.

At the time of the collision, the train was traveling at approximately 60 miles per hour. One passenger in the truck was killed, the driver of the truck was seriously injured, and several others on board the train were also injured. Several lawmakers on board the train, as well as a doctor accompanying the lawmakers, jumped into action and attempted to provide medical care to the injured.

Evidently, several republican lawmakers had chartered the train to take them from Washington, D.C. to an annual retreat in West Virginia. The route taken by the train was one that was not normally active for passenger trains and was used primarily for freight trains.

Recovering Compensation After a Maryland Garbage Truck Accident

January 24, 2018 | Lebowitz & Mzhen

Garbage trucks are big, stinky, and generally viewed as a nuisance to pedestrians and motorists alike. However, garbage trucks are not only annoying but also dangerous. Maryland garbage truck accidents account for a significant number of the state’s truck accidents. In part, this is due to the fact that garbage trucks are enormous vehicles that are constantly stopping in what seems to be an unpredictable manner.

When it comes to sharing the road with large trucks in general, both motorists and truck drivers have certain duties that must be followed. For instance, motorists should provide ample room for garbage trucks and should only pass a stopped or slow-moving truck when it is legal and safe to do so.

On the other hand, garbage truck drivers must take precautions when operating these large trucks on small city streets where motorists may not be accustomed to sharing the road with such large vehicles. Additionally, garbage trucks must be properly equipped with mirrors, lights, signals, and other safety equipment.