Maryland Trucking Accident Lawyer Blog

Jury Awards Maryland Woman $1 Million for Injuries from Tanker Truck Accident

September 18, 2009 | Lebowitz & Mzhen

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.

Trucking Accident News: Two Tractor-trailers Crash on Route 50 in Talbot County, Maryland

September 5, 2009 | Lebowitz & Mzhen

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.

D.C. Metro Train Accident–Profits Over People Again: Train Car Needed Maintenance and Replacement With A Safer Train Car

June 23, 2009 | Lebowitz & Mzhen

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.

D.C. or Maryland: Location of Washington Metro Train Red Line Accident Will Be Critical

June 23, 2009 | Lebowitz & Mzhen

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.

Truck Driver Hiring Process in Maryland

May 27, 2009 | Lebowitz & Mzhen

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.

Maryland residents, be careful: a bad economy can lead to a bad decision to lower automobile insurance coverage limits.

April 28, 2009 | Lebowitz & Mzhen

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.

In Charles and Frederick Counties New Drivers Face Updated Road Test

April 24, 2009 | Lebowitz & Mzhen

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.

In Maryland: Narrow Roads May Put Drivers at Increased Risk for Truck Accidents

April 23, 2009 | Lebowitz & Mzhen

Maryland truck accident litigators recently read about a truck accident on Davis Drive in Apex, North Carolina that could be repeated on some of Maryland’s smaller roads.

Earlier this week, a dump truck driving down a narrow two lane road that lacked a shoulder, overturned and landed on top of a Honda Civic. The driver of the Civic, Kara Walden Benton, was seriously injured and was flown from the scene to an area hospital. The passenger, Mrs. Benton’s husband, 26 year-old Chad Benton, was less seriously injured.

The driver of the dump truck told investigators that another driver forced the dump truck off the road and onto the grass. According the dump truck driver, his truck overturned when he attempted to get back onto the solid roadway. Other drivers and area residents believe that the lack of a shoulder on Davis Drive poses a safety concern and was the likely cause of this accident. The two lane road is lined by grassy ditches on both sides and if a vehicle’s wheel leaves the roadway, the driver may lose tire traction and be unable to control the automobile. According to residents in the area, this is not the first time the narrow nature of the road has caused accidents. Wake County officials, however, have no plans to widen the road to provide a better shoulder.

Maryland, particularly in rural areas, has a number of narrow roads similar to Davis Drive. Drivers, particularly those in large trucks, have little or no room for error while traveling on these narrow roads and could easily cause similar accidents. Maryland truck accident attorneys suggest that our readers pay close attention when driving near large vehicles on narrow roads particularly in poor weather conditions. A truck whose tire leaves a solid roadway and hit softer earth is susceptible to losing control, and due to its high center of gravity, may overturn, putting drivers near it at risk for serious injury.

External Links

WTVD ABC 11 News Story

Texting While Driving Ban: Maryland Legislators Move One Step Closer to Banning Texting While Driving

April 10, 2009 | Lebowitz & Mzhen

We recently reported that the Maryland legislature was considering a ban on texting while driving in the state. Recently, both the Maryland House and the Senate have passed versions of the ban and are currently reconciling the bill before it is sent to the Governor’s desk for signature. Governor O’Malley has promised sign the bill into law and to make Maryland one of the growing number of states with text messaging bans.

The House version of the bill prohibits sending text messages while a driver is in travel lanes, even if the driver’s care is stopped at a red light. The Senate version of the law prohibits both sending and reading text messages while on Maryland roads. Under both versions of the bill, texting while driving will be a misdemeanor violation and violators will be subject to a fine of up to $500. Additionally, lawmakers have made texting while driving a primary offense, which means that police officers may pull over a suspected texter even if there is no evidence of other violations.

Although the Maryland Highway Safety Administration has not kept statistics of accidents involving texting while driving, distracted driving has been a factor in a number of automobile accidents in the state. Maryland accident attorneys believe that the texting ban will reduce the ever increasing level of distraction faced by drivers in this state.

In Maryland, a pedestrian hit by a tractor trailer or car will be covered by his or her own automobile insurance, even when hit while not his own vehicle

April 9, 2009 | Lebowitz & Mzhen

On Monday, I met with a new client who was walking across a Baltimore City street. This individual was crossing the street within the cross walk and on a permissible pedestrian “walk” signal when she was struck by a fast moving car that made a right hand turn. She was knocked to the ground, and she suffered broken ribs and a head injury.

In Maryland, it is important to remember that owners of cars who are pedestrians when they are hit by a tractor-trailer, pick-up truck or car still receive the benefits of their automobile insurance coverage available as if they were struck while operating their motor vehicle. In short, a pedestrian does not need to be in his or her vehicle to utilize their own automobile insurance coverage when hit by another vehicle while walking.

The three types of automobile insurance coverage that are typically most useful to someone hit while a pedestrian, are:

1. personal injury protection – this insurance will cover medical bills and 85% of lost wages incurred due to the pedestrian incident, up to the coverage limit. PIP coverage in Maryland is usually purchased at limits of $2,500.00, $5,000.00, $7,500.00 or $10,000.00.

2. medical payment coverage – this insurance will cover medical bills caused by injuries sustained in the pedestrian accident, up to the coverage limit.

3. uninsured or underinsured motorists coverage – this insurance will step in to pay for injuries sustained in the pedestrian incident, such as for broken bones, head injury, muscle and ligament strains and tears, medical bills, and lost wages when the driver of the involved vehicle leaves the scene of the accident and cannot be found, when the other driver has no insurance or when the at fault driver does not have enough insurance to cover the injuries sustained in the collision.