Maryland Trucking Accident Lawyer Blog

Woman in Tennessee Hit by Semi Truck While Crossing the Street

January 27, 2014 | Lebowitz & Mzhen

Earlier this week, a woman in Memphis, Tennessee was crossing the street against the traffic light when she was struck by a tractor trailer during rush hour traffic. Several witnesses to that accident say that it looked as though the driver didn’t see the woman crossing the street and didn’t notice once he hit her.

According to a report by the local CBS affiliate, another driver saw the accident, made a U-turn, and pulled in front of the truck to stop it but by then it was too late. Another witness reported that he honked at the semi truck in hopes it would see the woman, but the driver’s efforts were useless. While the accident is still under investigation, the truck driver has not been charged with any crime at this point.

Maryland Semi Trucks and Pedestrian Safety

Generally, we think of semi trucks as operating mostly on the interstate freeways and highways. For this reason, a pedestrian may not be the most commonly thought of victim of a semi truck accident. However, truck-pedestrian accidents are more common than one may think and when they occur, they are often fatal for obvious reasons.

Pennsylvania Truck Driver Killed When His Tractor Trailer Runs Off the Road

January 20, 2014 | Lebowitz & Mzhen

Earlier this week, a truck driver from Pennsylvania was fatally injured when his truck drove off I-70 just before 11 p.m. According to a report by the local CBS affiliate, the driver was heading eastbound on I-70, just east of Monument Road, when the 44-year-old driver inexplicably lost control of the vehicle, sending it off the side of the highway.

As the vehicle careened off the road, it rolled over, trapping the driver inside the cabin. By the time emergency medical personnel arrived and flipped the truck right-side up with a heavy duty tow truck, it was too late. The driver was pronounced dead on the scene.When Trucks Lose Control, Chaos Often Ensues

Despite the tragic nature of this accident, it could have been much worse. Often times, when a semi truck or tractor trailer loses control other cars are nearby and can easily become collateral damage. For this reason exactly, interstate truck drivers are heavily regulated by both state and federal government agencies.

Two-Truck Accident on Christmas Eve Leaves One Dead in Virginia

January 13, 2014 | Lebowitz & Mzhen

A few weeks ago on Christmas Eve, two semi-trucks got into an accident in Virginia, leaving one of the truck drivers dead. According to a report by the local ABC affiliate, one truck operated by Dunbar Trucking was merging onto the I-64 onramp when it was struck in the rear by another truck operated by the Roadway Corporation.

The accident damaged the trailer and cab operated by Dunbar Trucking, and the truck’s driver sustained minor injuries. The Roadway truck was completely destroyed and the driver was pronounced dead at the scene. At the time of the report, police were still investigating the cause of the accident.

Big Trucks Have Massive Potential for Destruction

Given their great size, semi-trucks and tractor-trailers can be some of the most hazardous obstacles an everyday driver encounters. Not every truck accident is fatal, but a large number of them are. Some suggest that up to 98% of all semi-truck accidents result in at least one fatality. This number is smaller for other types of commercial trucks.

Truck Carrying Petroleum Crashes into SUV on Maryland Highway

January 6, 2014 | Lebowitz & Mzhen

Earlier this week, a tanker truck filled with petroleum collided with an SUV on Route 152 near the I-95 northbound exit ramp, causing numerous emergency personnel to respond. According to a report by the Baltimore Sun, the accident occurred on January 3rd at 9:08 in the morning and drew three fire trucks as well as a team of paramedics due to the volatile nature of the truck’s cargo.

The driver of the SUV suffered minor injuries, but is expected to recover. The driver of the tanker trailer was uninjured. There was no active leak discovered; however a hazmat team was called to assist in transporting the truck away from the accident scene. All precautions were taken until the truck was removed from the scene.

Dangerous Cargo Can Turn a Semi-Truck into a Bomb

Semi-trucks are enormous vehicles that have the potential to inflict immense amounts of damage due to their size alone. However, fill up the same semi-truck with flammable liquids such as petroleum and the potential disaster becomes even larger.

Methods of Gathering Evidence in Trucking Accident Cases: Destructive Testing

December 23, 2013 | Lebowitz & Mzhen

In trucking accident cases, the usual discussions regarding evidence gathering involve accident reconstruction, calculations of speed based on objective measures, and other aspects related to an auto collision. Sometimes, however, injuriess caused in truck accidents can be the result of falling objects or other events.

In one such case, recently decided in a Maryland federal court, Heckman v. RYDER TRUCK RENTAL, INC., Dist. Ct., D. Md. (2013), the plaintiff filed suit against a truck rental company and maker of the truck, when a door strap attached to one of the trucks broke, causing him personal injury.

In the course of discovery, the process of gathering evidence in preparation for trial, the plaintiff filed a motion requesting that the defendant provide him with additional door straps in order to test them, and this opinion dealt with the court’s ruling on the request.

The Importance of Hiring an Attorney Immediately Following an Accident

December 16, 2013 | Lebowitz & Mzhen

A Superior Court decision in Delaware is the perfect illustration of why it matters how quickly you consult with or hire an attorney. Although the underlying accident seemed to involve two passenger vehicles, the decision itself is relevant to any sort of vehicle, especially in the context of trucking accidents, where the insurance companies will be highly motivated to settle the matter as soon and for as little as possible.

In the case, Bernal v. Feliciano, Del. Sup. Ct. (2013), the plaintiff was involved in a car accident.

Following the accident, the plaintiff, who spoke only Spanish, had her daughter discuss the issue of lost wages at work due to the accident. She reached an agreement as to the lost wages for $410 with the adjuster, and he faxed over a cover sheet regarding the agreement, along with a general release. The language in the release included wording that stated that it was a release for any and all potential suits or claims, and any and all personal injuries or property damage known and unknown, foreseen and unforeseen. Believing that the release, which was sent with the cover letter regarding the $410, was only for wages, and based on her daughter’s telephone conversation with the adjuster, the plaintiff signed the release, and sent it back that day. This was in March of 2012.

Court Rejects Trucking Company’s Appeal Following Fatal Tractor Trailer-Pedestrian Accident

December 9, 2013 | Lebowitz & Mzhen

In the course of discussing trucking accidents, especially those involving serious personal injury or death, we often think of the continuum of the process as spanning from when the initial complaint is filed through settlement or, in some cases, jury trial. However, the case doesn’t always end after a jury has entered its verdict, even when the plaintiff prevails.

A recent New York case offers a glimpse into the types of issues that defendants may raise in appealing decisions where the jury decides in favor of the plaintiff.

The case, BAKALOR v. JB HUNT TRANSPORT, INC., Dist. Ct., SD NY (2013), arose out of a fatal accident, in which the deceased was hit by a tractor trailer being driven by a professional driver employed by the defendant. Following a four day trial, the jury rendered a verdict in favor of the plaintiff, the decedent’s estate, and granted the plaintiff $500,000 for the pain and suffering of the decedent, and an additional $12,081.20 for funeral and burial expenses. The defendant subsequently moved for reversal, or a new trial.

The Concept of Punitive Damages in Trucking Accident Cases

December 2, 2013 | Lebowitz & Mzhen

The U.S. District Court for the Western District of Virginia ruled on a motion earlier this fall, which gives an informative look at the concept of punitive damage awards in trucking accident cases.

The case, Boone v. Brown, Dist. Court, WD Va. (2013), involved a vehicle accident, whereby the plaintiff’s vehicle was stopped at a red light, and a professional truck driver stopped behind her, then began to steer his tractor-trailer to the left in preparation for a wide right turn. In doing so, he reportedly struck her vehicle three separate times, causing her serious bodily injury and property damage. After the collision, the driver reportedly left the scene.

The plaintiff filed suit, alleging negligence, and seeking seeking $200,000 in general, special, and compensatory damages and $350,000 in punitive damages as a result of the driver’s conduct. The defendant filed a motion to dismiss as to her claim for punitive damages.

Court of Appeals Denies Reversal in Fatal Multiple Truck-Vehicle Collision

November 28, 2013 | Lebowitz & Mzhen

The U.S. Court of Appeals for the Fourth Circuit ruled within recent months to deny a judgment for the defendant in a complex truck accident case. The Fourth Circuit Court of Appeals is the federal appellate court to which all district court cases in Maryland are appealed. Therefore, this decision is instructive for Maryland trucking accident cases.

In PITT OHIO EXPRESS, LLC v. PAT SALMON & SONS, INC., Ct. App., 4th Cir. (2013), three commercial trucks and one passenger vehicle were involved in a collision.

Truck A, owned by “C. Bean” slowed down due to foggy conditions. Truck B, owned by “Pat Salmon” collided into the back of Truck A, which caused only minor damage to both trucks, but disabled truck A, and caused it to at least partially obstruct both lanes of traffic. Within seconds, a passenger vehicle approached, and attempted to brake, at that point Truck C, owned by “Pitt Ohio” collided into the back of the passenger vehicle, propelling the car into the back of Truck B. Both occupants of the passenger vehicle and a passenger who had exited Truck B were killed as a result of the collision.

U.S. Court of Appeals Affirms Wilhem Test, Expert Testimony Unnecessary to Prove Back Injuries In Truck Accident

November 20, 2013 | Lebowitz & Mzhen

The United States Court of Appeals for the Fourth Circuit recently affirmed that in regards to Maryland truck accident and personal injury cases, expert medical testimony is not necessarily required. In fact, in the particular case, Galloway v. HORNE CONCRETE CONSTRUCTION, Court of Appeals, 4th Circuit 2013, they held that expert medical testimony and evidence proving a causal connection between severe back injury following a severe four truck accident was not required.

The decision was regarding the plaintiff’s request for a new trial on damages only, concerning a severe highway accident that he was involved in. The plaintiff, who was driving an 18 wheeler, had come to a stop behind another tractor trailer, and had another 18 wheeler stop behind him. A dump truck that failed to stop then rammed the third truck into the plaintiff’s truck, and consequently into the truck in front of him. The plaintiff’s rig was deemed a loss by the insurer as a result of the collision.

The plaintiff sought medical treatment the next day, and as a result, for period of months he underwent extensive pain management therapy, physical therapy, and when that failed to ease his pain, underwent surgery whereby he had his herniated disk removed, and his spine was fused.