Maryland Trucking Accident Lawyer Blog

Financial Recovery after Serious and Fatal Truck Accidents

March 15, 2017 | Lebowitz & Mzhen

Whenever anyone is injured in a serious or fatal truck accident, the injured party or their family may be eligible for monetary compensation upon a showing that the semi-truck driver’s negligence was the cause of the accident and of their injuries. In some cases, the trucking company can also be named as a party to the lawsuit.

These truck accident lawsuits require an injured party prove four main elements:

That the truck driver owed the accident victim a duty of care;
That the truck driver violated that duty of care by some action or failure to take a required action;
That the truck driver’s violation of the duty he owed to the plaintiff caused the plaintiff’s injuries; and
That the plaintiff suffered some identifiable injury.

The first and last element are generally easily met. However, the second and third elements may involve significant litigation in some cases, especially where the semi-truck driver claims that he was not at fault for the accident and that it was some other event that caused the accident victim’s injuries.

The Dangers of Inattentive or Distracted Truck Drivers

March 8, 2017 | Lebowitz & Mzhen

Truck drivers operate some of the most dangerous vehicles on the road, and as a result they have a heightened duty to those with whom they share the road. One of truck drivers’ most obvious duties is to safely operate their vehicles while on public roads. This includes remaining free from the effects of drugs or alcohol, getting enough rest to be fully aware while driving, and also paying full attention to their surroundings.

When a truck driver fails to live up to this standard, the likelihood of causing an accident greatly increases. When an accident does occur, the accident victim may be entitled to monetary compensation for their injuries from the truck driver and potentially the driver’s employer.

Trucking companies are not liable in every truck accident case; however, they can often be named as additional defendants when the accident victim can show that there was some negligence on the employer’s part, or the truck driver was acting within the scope of his employment at the time of the accident. This may also be appropriate when the truck supplied by the employer had a dangerous defect, or the employer failed to conduct an adequate background check of the employee prior to hiring him.

Truck Accidents Caused by Government Agencies, Employees, or Contractors

February 24, 2017 | Lebowitz & Mzhen

After any accident, an injured motorist and any passengers are entitled to file a personal injury lawsuit against the party they believe to be at fault for causing the accident. In many cases involving private citizens named as defendants, the process is a fairly straightforward one, requiring only that the motorcyclist prove that the defendant’s negligence caused their injuries. However, when the at-fault party is a government employee or contractor, there may be issues of immunity that must be overcome.

As a general rule, government agencies and their employees are entitled to immunity from personal injury lawsuits arising out of any actions related to the performance of a government function. While this seems like an extremely broad grant of immunity, the reality is that there are many exceptions to the general rule. For example, if a government employee is acting recklessly or is in violation of the law at the time of the accident, immunity will not likely attach.

Even if government immunity is not likely given the circumstances of the accident, it is advisable that anyone injured by a government employee contact a dedicated personal injury attorney prior to filing a case. For example, plaintiffs filing lawsuits against government agencies and their employees generally must comply with additional procedural requirements or risk that their case is prematurely dismissed.

Major Truck Accident in Honduras Claims at Least 23 Lives

February 17, 2017 | Lebowitz & Mzhen

Earlier this month in Honduras, a bus accident claimed the lives of at least 23 people and injured several more. According to a national news source, the accident involved a passenger bus and a large semi-truck. Evidently, the collision occurred a few miles from the nation’s capital, when the semi-truck inexplicably drifted out of its lane and into the path of the passenger bus. Witnesses to the accident told police that the truck had been speeding and was zig-zagging in the moments before the fatal truck accident. In all, 23 people were killed and 39 more injured. Of the injured, two were in serious condition.

Authorities are currently investigating the accident and whether the driver of the semi-truck was speeding or otherwise in violation of any traffic law. A preliminary investigation determined that the driver was not under the influence of alcohol at the time, although the driver was arrested while the investigation was conducted. The results of the investigation have not yet been released.

Maryland Truck Accidents

With its central location and hundreds of miles of highways, Maryland sees thousands of trucks cross through the state each week. While most of these truck drivers are responsible professionals who take their job seriously, occasionally a truck driver bends a traffic rule, drives in an aggressive manner, or stays out on the road while too tired to safely operate their vehicle.

Surviving Truck Accident Victim Receives $15 Million from Trucking Company

February 10, 2017 | Lebowitz & Mzhen

Earlier this month, a Georgia jury awarded a Louisiana woman $15 million in a truck accident lawsuit. According to a local news source reporting on the recently resolved case, the accident occurred back in April 2015 on a Georgia highway. Evidently, a car full of six nursing students on their way to a hospital rotation in Savannah was stopped in a long line of traffic when a semi-truck came from behind, slamming into them.

The truck was traveling at approximately 70 miles per hour and did not apply the brakes at all in the moments leading up to the crash. Five of the six people inside the car were killed. The families of the five deceased students filed wrongful death lawsuits against the driver of the truck as well as the trucking company that employed him. These lawsuits have all been settled out of court. However, the trucking company was unable to reach a settlement with the lone survivor, and that case went to trial.

At trial, the jury heard that the woman sustained a traumatic brain injury as a result of the crash and suffers from ongoing anxiety. Her roommate told jurors that the woman “is scared to sleep alone because her dreams are so scary and she wakes up in a puddle of sweat” and that she is afraid to be alone.

Court Reversed Default Judgment Against Allegedly Negligent Truck Driver

February 3, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in Alabama issued a written opinion discussing the situations when a court should issue a default judgment when a defendant in a lawsuit fails to respond to the plaintiff’s claim. In the recent case, the appellate court ultimately reversed a lower court’s default judgment after applying a multi-factor test.

The Facts of the Case

The defendant, a semi-truck driver, was backing a load of logs into his driveway when the plaintiff crashed into his truck. At the time of the accident, the truck was blocking all of the lanes of travel. The plaintiff filed a personal injury lawsuit against the defendant, which the defendant failed to answer. After approximately three months, the court issued a default judgment in favor of the plaintiff.

Two months after the default judgment was entered, the defendant submitted a motion to the court, asking it to set aside the judgment. In support of his motion, the defendant submitted an affidavit from a witness to the accident, stating that the defendant had taken reasonable precautions, including placing cones and using the truck’s four-way flashing lights. The defendant also claimed that, on the day of the accident, he notified his insurance company about the accident. The defendant explained that he thought this meant that the insurance company was investigating the accident and that no further action was needed on his part. The trial court denied the motion, and the defendant appealed.

Weather-Related Truck Accidents and What Can Be Done to Prevent Them

January 25, 2017 | Lebowitz & Mzhen

Over the next several months of winter, Maryland will likely see numerous rain and snow storms. Indeed, the average amount of snowfall in Maryland as a whole is over 20 inches per year. In some areas of the state, the average reaches above 100 inches per year. It will come as no surprise to motorists to hear that the road conditions after a snowstorm can be extremely dangerous for all motorists. This is especially the case for those operating large semi-trucks or tractor-trailers.

Commercial drivers who operate these large trucks are considered professional drivers and are required to obtain a certain amount of training. However, no amount of training can substitute for the good judgment required to safely operate a large truck on slick and icy Maryland roads after a snow storm. Not all truck accidents are avoidable, but there are certain things that all truck drivers should do in order to ensure safe travel during inclement road conditions:

Ensure that all tires are in good condition and are properly inflated;
Double-check the braking systems before each trip;
Ensure adequate stopping distance by not following too closely;
Always remain distraction-free; and
Maintain a safe speed given the conditions.

Mass Transit Accidents in the Maryland and Washington, D.C. Areas

January 18, 2017 | Lebowitz & Mzhen

Mass transit companies transport millions and millions of people each day on buses, trains, and trolleys. Most of the time, these companies hire dedicated operators who are experienced and knowledgeable. However, mass transit systems can be extremely large and complex, and sometimes mistakes are made.

Mass transit companies are often either owned and operated by the local government or operated through a contract with the government. When an accident occurs, there may be several liable parties, depending on the circumstances of the accident. In some cases, responsible parties may attempt to convince the court that they are immune from liability. In other cases, unfair settlement offers are made early in the process to try to make the case “go away” as cheaply as possible for the city or its insurance company. Anyone injured in a Maryland or Washington, D.C mass transit accident should consult with a dedicated personal injury attorney to discuss their case.

Trolley Accident in Philadelphia Injures 50

Earlier this month, an accident involving two trolleys in Philadelphia injured roughly 50 people. According to an industry news source, the National Transportation Safety Board – the government entity charged with the investigation of certain highway accidents – initiated a probe into the accident, looking at collision avoidance technology and the level of oversight of individual operators. The trolleys were operated by the local mass transit carrier, Southeastern Pennsylvania Transportation Authority (SEPTA). SEPTA is also responsible for the network of local above- and below-ground trains.

Truck Driver Runs Over Man Who Had Taken Shelter Under the Rig

January 11, 2017 | Lebowitz & Mzhen

Earlier this month in California, a man was killed when he was run over by a semi-truck driver. According to one local news source covering the tragic accident, the victim, who is believed to have been homeless, took shelter under the truck to escape the rain. At the time the man crawled under the truck, no one was in the cab, so he left his wheelchair next to the truck and took shelter. However, the driver of the truck returned after a short time.

When the driver returned from running errands, he got into the cab of the truck and pulled off. He immediately realized what had happened and turned the truck around. He later explained to police that he didn’t see the man under the truck. While the article does not discuss whether the truck driver conducted a pre-trip vehicle check before pulling away, it is likely he did not because had he performed a check, it is likely he would have seen the man under the truck.

At the time of the article’s publication, the accident was still under investigation, and no citations had been issued.

Semi-Truck Drivers and the Responsibility They Owe to the Public

January 4, 2017 | Lebowitz & Mzhen

Semi-truck accidents are known to be some of the most dangerous accidents, and also some of the most difficult to avoid. Unlike many other accidents, there is often little to nothing other motorists can do to avoid a semi-truck accident. This is especially the case when semi-trucks are being driven at high speeds.

To help manage the risk that semi-trucks pose on our nation’s highways, state and federal lawmakers have enacted rules and regulations for the trucking industry. For example, truck drivers must obtain a commercial driver’s license, can only drive a certain number of hours per day and per week, and depending on what they are transporting, may be required to pre-register their cargo as well as their chosen route. All these regulations are enacted to keep the general public safe, and when a semi-truck driver or trucking company fails to follow these rules, they may be held liable for any injuries caused as a result.

Chain-Reaction Accident on Expressway Claims Three Lives, Injures Several Others

Earlier this week in New York City, a semi-truck accident on the Cross Bronx Expressway killed three motorists and injured several others. According to one local news source covering the tragic accident, a semi-truck was stopped in traffic in the middle of the Expressway when another truck came from behind. The second truck failed to stop in time to avoid a collision, and it slammed into the rear of a pick-up truck that had come to a stop behind the first truck. Another passenger vehicle was also struck by the second truck.