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A recent semi-truck accident near Baltimore, MD, resulted in a dangerous car fire that could have killed three members of a family whose compact car was hit by the truck on a Saturday afternoon. My firm, Lebowitz & Mzhen Personal Injury Lawyers, represents victims of heavy truck crashes not unlike the one that occurred on Interstate 95 in late September. Trucking accidents involving small cars can result in serious injuries and occasionally death. Fortunately, it looks like all three occupants of the small car were rescued and survived the ordeal.

According to new accounts, fire rescue workers from Baltimore City’s fire department rushed to the scene of a truck-car crash on the southbound side of I-95 near I-396 North in the early afternoon of September 26. First responders found a small car enveloped in flames having been struck by a tractor trailer.

After suppressing much of the flames, fire department personnel worked to free three trapped family members from the wrecked and smoldering vehicle. Names were not released at the time of the incident, however police reports show that one adult male, an adult pregnant woman and male child were all caught inside the burning vehicle.

As Maryland trucking accident lawyers, we understand the seriousness of any highway traffic accident involving semi-tractor trailers. Every year, hundreds and even thousands of heavy trucks are involved in multi-vehicle accidents, usually resulting in serious injuries to the smaller cars caught up in the collision; some wrecks are fatal to the occupants of these passenger cars. This is an unfortunate fact when it comes to these big rigs.

What’s worse is that statistics show that large trucks are more likely to be involved in serious multiple-vehicle collisions than sedans, coupes or other smaller passenger cars. These statistics also indicate that time and time again injuries resulting from truck accidents can be much more serious and many times fatal. Common injuries include spinal cord damage, severe brain trauma, broken bones and other serious and permanent bodily harm.

Because heavy trucks such as Macks, Kenworths, Peterbuilts, Freightliners and other makes are important to the commerce of this country, the volume and frequency of these large vehicles on public roads will always be significant, especially during weekdays. Busy metropolitan areas get their fair share of truck traffic, both on expressways and surface streets near industrial parks.

A recent study had some interesting findings about tractor-trailer operators, traffic accidents and cell phone texting habits. Because our firm, Lebowitz-Mzhen Personal Injury Lawyers handles a large number of trucking accident injury cases, we were not surprised to learn that the chance for truck drivers to be involved in a highway collision is directly proportional to whether they are texting on their cell phone while operating a big rig.

According to the report, on released from a new study this week report that texting while driving increases the chance that a truck driver will be involved in a traffic accident or near-accident by 23 times. Researches from Virginia Tech’s Transportation Institute looked at commercial trucking information from two studies — one in 2003 and the other in 2007. More than two hundred truck drivers who drove over three million miles took part in the study. The institute looked at 4,452 events considered “safety-critical,” including 197 near accidents and 21 truck crashes.

Video cameras were used to record event in the cabs of the trucks during the study. Those cameras shot footage of truck drivers’ facial reactions in the final seconds right before a near miss truck crash or an actual truck accident. The footage showed that the main reason texting while driving is so dangerous for truck drivers is that they have to take their eyes off the road.

Shannon Brown is a very lucky woman. Not because she recently received just over $1 million in a trucking accident lawsuit, but mainly because she is alive to talk about it. As a Maryland trucking accident and personal injury attorney, I have represented people like Shannon who have been injured in heavy truck and tractor-trailer crashes as a result of another person’s negligence. These types of truck-car collisions happen quite frequently in the Baltimore area and in other cities and towns across the state. Many times the outcome is quite tragic.

Trucking accidents can result at the very least in cuts and bruises. At worst passenger vehicle occupants can many times suffer compound fractures, concussions and traumatic brain injuries, and spinal damage. Fatalities are common. Occupants of passenger cars are at much higher risk of injury or death when it comes to being hit by a large over-the-road truck than by another car. Such was the case back in 2006 when Shannon and her little baby boy became victims of another driver’s carelessness.

The accident occurred on July 13, 2006, when a tanker truck ran a red light and hit Brown’s car. Although she survived the crash, the impact was so severe that her right leg was crushed. Fortunately, her tiny baby who was riding in the car was not even injured in the accident. Brown had two undergo two surgeries for her fractured leg, with doctors placing 18 screws and a plate in the leg to restore it to a usable state.

To the average motorist, there may be nothing quite as frightening as a highway accident involving a tractor-trailer rig. Passenger cars and light trucks are no match for these huge vehicles when things go wrong and a crash is imminent. These days it is not uncommon to be surrounded on the expressway by maybe a half-dozen heavy trucks. As Maryland trucking accident attorneys, we at Lebowitz & Mzhen Personal Injury Lawyers have represented individuals injured as a result of a truck driver’s errors. Our hardest task is seeing the heartache of families who have lost a loved one through another person’s negligence.

Recently, a two-truck accident closed a section of Maryland’s Route 50 just before the Labor Day weekend. Fortunately, no one was seriously injured during the tangle between these two tractor-trailers, however, it is only shear luck that the accident occurred in the early morning hours, which meant the roadway was not clogged with holiday travelers.

Had this been during the daylight hours, more than one passenger car would likely have been caught up in the crash. From the perspective of the attorneys here, any truck driver responsible for a serious collision on a public road will more than likely seriously injure or even kill an innocent motorist stuck by that driver’s tractor or semi-trailer. A tractor-trailer’s size and weight amplifies the injuries and damage resulting from a traffic accident — and the higher the speeds, such as on highways, the greater the chance for fatalities.

As professional driver, tractor-trailer operators are required to observe and obey specific federal and state safety laws, including those laws and regulations that are specified by the Federal Motor Carrier Safety Regulations. Often, driver fatigue can cause a truck driver to crash his vehicle, as was likely the case in this latest crash on Route 50 just south of Wye Mills and Route 404. Another frequent cause of truck accidents is defective equipment, such as faulty or poorly-maintained brakes.

According to police reports, the incident occurred around 2am on Friday morning, but resulted in no injuries. As I mentioned earlier, it was just lucky that this accident happened during a lull in the traffic. Had this happened during rush hour or at peak holiday travel volume, then the story would be quite different I assure you.

Regardless, if you or a loved one is hurt as a result of a tractor-trailer accident, through the negligence of a truck driver who is inattentive or operating his rig while drowsy or under the influence of alcohol, prescription drugs or other substance, you should contact an experienced legal professional to learn about your options.

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Like many citizens of the D.C. metropolitan area, the negligence attorneys at Lebowitz and Mzhen Personal Injury Lawyers are following the developments of the recent horrific D.C. Metro train crash that has so far claimed nine lives.

The complete facts concerning why the June 22, 2009 D.C. Metro Red Line train wreck occurred will not likely be known for several months. What is now know, however, does not inspire confidence in those running Metro for nation’s capital.

For example, news reports indicate that in 2006, the National Transportation Safety Board (NTSB) advised the Washington Metropolitan Area Transit Authority (WMATA)—the authority that operates Metro—to replace the model of the train that caused this deadly train wreck. The reason for the recommendation: there was a concern that the train car would not be safe in a collision.

Then, there is the issue of routine maintenance that was not performed on the lead car of the striking train. News reports indicate that the lead train car was to have had new brakes and brake components installed approximately two months ago.

Metro has not commented on whether the non-replaced train cars, or the overdue maintenance, had any role to play in the tragedy. As to replacing the older train cars, with news trains, the Metro leadership decided not to make the changes because of cost and complexity.

This tragic accident that has resulted in at least nine deaths highlights what we have observed for years: corporations place profits over people. Metro could have done better for its riders, but it did not. Jeanice McMilian, David Wherley, Ann Wherley, Lvonda King, Dennis Hawkins, Marry Doolittle, and Anna Fernandez paid the ultimate price. We send our deepest sympathies to their families.

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When I listened to the first news reports about the tragic collision between the two D.C. Metrorail trains on the Red Line yesterday, the NPR broadcast said the collision occurred “near the D.C., Maryland border.” In addition to being struck by the unnecessary loss of life, and terrible injuries sustained to the victims and their families, as a lawyer, I thought to myself, the location of the train wreck will determine the level of compensation the metro train passengers and their families will be able to receive.

If Maryland were the location of the collision, the injuries would be worth less because of non-economic damages caps in place that artificially limit or cap the amount of money serious injuries are worth. However, in the District of Columbia, there are no caps that limit damages for the injuries themselves — what some people call damages for pain and suffering.

The Metrorail train accident victims and their families will be going through enough difficult times ahead, but fortunately, because the train collision occurred in the District of Columbia — between the Fort Totten and Takoma train stations, one thing they will not have to deal with are the damages caps. Again, there are no damages caps in D.C.

We have written about the damages caps before, and how we believe the caps unfairly harm the most injured victims of accidents. Here is an obvious example: Some train riders have died, some have suffered serious internal injuries, and some have serious orthopedic injuries including fractures, but if this incident had occurred a mile up the Red Line tracks in Montgomery County, the victims would not be able to receive full and fair compensation.

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Federal law requires motor carriers to effectively train its truck drivers and to take steps to ensure that they comply with all federal transportation regulations. Under this group of federal laws, motor carriers are often found responsible for negligently hiring unqualified truck drivers. When the Maryland truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers take on a new case, we always review the motor carrier’s employee orientation and training procedures. Our Maryland truck accident attorneys have found that an adequate hiring procedure is comprised of the following three stages: (1) Recruitment/Pre-Qualifying Interview; (2) Application/Background check; and (3) Driver Orientation.

1. Recruitment / Pre-Qualifying Interview

Many motor carriers actively seek out skilled professional drivers to help man its fleet of trucks. Good motor carriers hire retired truck drivers with good safety records to scout out potential commercial truck drivers. This method allows experienced professional drivers to initially review a potential driver’s knowledge of trucking operations and ability to safely operate a commercial vehicle. After the completion of the pre-qualifying interview, potential drivers are normally invited to begin an application process.

Last week, I read a newspaper article that confirmed a suspicion: Nationwide, people are buying less automobile insurance coverage in order to save a few dollars in insurance premiums. My advice: Be careful before reducing your automobile insurance coverage. Here’s why:

First, step back and think about why you buy automobile insurance coverage (in addition to being required at minimum coverage levels in Maryland, and Washington, D.C., and most other states). Your liability insurance coverage protects your assets which include your home, belongings and wages in the event that you cause an accident that injures someone else. If you buy $20,000.00 of automobile insurance liability coverage, but you have $35,000.00 in assets to protect, then you are exposing some of your assets in the event that a judgment is entered against you in an amount exceeding your $20,000.00 policy limit.

Another way you protect your assets is by purchasing adequate uninsured or underinsured motorists’ coverage (UM/UIM). If another driver strikes your vehicle and injures you, and if the other vehicle has no insurance, or not enough insurance, then you need to look back to your own automobile insurance policy coverage to protect you against losses. If you buy minimal UM/UIM coverage, then you place yourself at financial risk that you will be injured by a negligent driver who carries little or no automobile insurance.

Last week, Motor Vehicle Administration (“MVA”) administrator, John T. Kuo, announced that new applicants for a Maryland driver’s license will have to undergo an updated road test. As many of our readers know, the older version of the driving test required applicants to pass a written exam, navigate a closed road course, and then parallel park. Under the new test, applicants will have to pass a written test, navigate the closed course, and then take their car onto open roads. The new testing procedure is currently in effect in the Waldorf and Frederick MVA locations.

Maryland truck accident attorneys are happy to see Maryland update its driving test procedures and bring them more in line with other states that perform driving tests on open roads. The MVA and parents hope that the new testing procedures will reduce the number of Maryland teenagers involved in auto accidents. According to the Insurance Institute for Highway Safety, in 2005, car accidents caused one third of all deaths among 16-19 year olds. In 2007, nearly 5,000 teenagers died in car accidents in the United States and teens within the first months of receiving their license were at a higher risk of being injured in an auto accident.

MVA officials and many parents believe that the new test is a more effective way to test a potential driver’s ability. According to MVA officials, the old test placed too great an emphasis on skills like parallel parking, while the new road test will test a driver’s ability to handle more “real world” situations and will emphasize defensive driving techniques. The MVA expects that by this fall, Baltimore and Washington metro locations will begin implementing the new tests.

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