Maryland Trucking Accident Lawyer Blog

Deaths from Automobile Accidents Fell Sharply in 2008

February 25, 2009 | Lebowitz & Mzhen

The truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers are pleased to report that the number of auto fatalities has fallen over the past few years. Recently, the Wall Street Journal reported that deaths from traffic accidents fell in 2008 and have steadily fallen over the past three years. The National Highway Traffic Safety Administration (“NTSA”) calculated that the number of auto fatalities were down 10% in the first ten months of 2008.

According to the Wall Street Journal, although experts in the field do not know what has caused this steady decline, they point to four factors that may have contributed to the recent decline:
• The economic downturn; researchers at the Governors Highway Safety Association (“GHSA”) noted that due to the economic downturn and increased fuel prices, many drivers have slowed their speeds to increase their vehicle’s fuel economy. A study by another government agency concluded that automobiles get their best gas mileage between the speeds of 30 and 60 miles per hour. For example, a 2005 Ford Focus traveling at a steady 40 miles per hour could get as much as 45 miles per gallon.
• Cars with greater safety features; recently, automakers have begun surpassing government automotive safety standards. For example, federal law will require all cars to have electronic stability control by 2012. However, most new cars currently come equipped with electronic stability control systems and rollover prevention mechanisms in addition to side curtain airbags and other safety features. Also, the number of vehicles that performed poorly in crash tests has decreased over recent years. In 2008, 11 of the 21 small cars tested by the Insurance Institute Highway Safety (“IIHS”) received good ratings in side impact testing, compared with only 3 of the 19 tested in 2006.
• Changing attitudes toward drunk driving; the number of drunk driving deaths have also decreased as many state governments have launched programs to make drunk driving socially unacceptable in addition to being serious crimes.

• Seat belts; The NHTSA found that 83% of drivers and passengers used their seatbelts in 2008, the highest rate in history. National “Click it or Ticket” programs seem to have helped reduce the number of unrestrained drivers and therefore increased accident survivability.

Maryland and DC Area Drivers at Risk For Serious Injury From Underride Accidents

February 20, 2009 | Lebowitz & Mzhen

In the early morning hours of June 29, a car carrying three adults and two children traveled down U.S. Highway 90 in Mississippi heading towards New Orleans. At approximately 2:25 a.m., the car crashed into the rear of a tractor trailer that slowed to spray mosquito fogger. The car underrode the semi, the trailer sheered through the car’s passenger compartment instantly killing the three adults in the front seat. The children fortunately survived the accident with minor injuries.

A truck “underride” collision occurs when a passenger car crashes into the rear of the tractor trailer and slides underneath the trailer. As a result, the trailer crushes or sheers away the top of the automobile, often killing the passengers. Victims who are not killed during underride accidents are likely to suffer severe brain trauma or extensive facial fractures. In litigating Maryland truck accidents, the attorneys at Lebowitz & Mzhen Personal Injury Lawyers have researched the underride accidents and ways to prevent them.

Readers of a certain generation will remember that the accident described above was the terrible crash that killed actress, Jayne Mansfield, her fiancée and driver in 1967. If the truck had been equipped with rear guards, Mansfield’s car may not have slid underneath the trailer and the actress and her companions may not have been killed. Rear guards or underride guards are the bars that hang below a trailer and have been required on tractor trailers since 1953. More recently, however, the federal government determined how to best configure underride guards. In 1998, after years of testing, the National Federal Highway Administration released standards regarding the proper configuration for rear impact guards on trailers.

Under federal regulations, rear guards must extend the entire width of the trailer, must be no more than 22 inches off the pavement, and must not be more than 12 inches from the rear of the trailer. Properly constructed and configured, underride guards are capable of absorbing a force of over 4,000 pounds per foot. This translates to the force generated by a passenger vehicle traveling approximately 30 miles per hour.

Underride guards, however, do not protect cars traveling at high rates of speed or passenger vehicles that strike a trailer from the side. As always, Lebowitz & Mzhen Personal Injury Lawyers reminds its clients to drive with care at all times, but particularly around eighteen wheelers.

Federal Law Protects Whistleblowers in the Trucking Industry From Losing Their Jobs After Turning in Negligent Motor Carriers

February 18, 2009 | Lebowitz & Mzhen

There are instances where an employee has witnessed conduct or policies of their employers that put other people in danger. Many times, these people do not report these violations for fear of losing their jobs. However, federal law protects the employees of commercial motor carriers who report their employers’ negligent conduct that puts the public at risk from injuries from truck accidents. In prior posts, Maryland truck accident lawyers have discussed how negligence on the part of truckers and motor carriers put drivers at risk. The attorneys at Lebowitz & Mzhen Personal Injury Lawyers believe that this federal law makes it more likely that employees will report workplace conduct that ultimately puts motorists at risk for injuries that are avoidable.

Federal law protects truck drivers and other employees working for commercial motor carriers from retaliation for reporting certain violations of commercial motor carrier safety, health, or security laws. Under Federal law, a motor carrier may not fire, or in any other manner retaliate against an employee for filing a complaint related to a violation of a commercial motor vehicle safety or security regulation; cooperating with federal investigators; or for providing information to federal, state or local law enforcement regarding a motor carrier’s illegal activity. Additionally, an employer cannot retaliate against a driver who refuses to operate a commercial vehicle in a manner that would violate federal, state or local law.

For example, if a trucker reports his employer for ignoring a truck’s mechanical malfunctions in violation of federal law, or for not complying with federal hours of service regulations, and the trucker is fired as a result, the employer may be liable to the trucker for damages. Retaliatory action can take many forms:
• Firing or laying off;
• Blacklisting;
• Demoting;
• Denying over time or promotion;
• Disciplining;
• Denying benefits;
• Failing to hire or rehire;
• Intimidation;
• Reassignment affecting promotion prospects; and

• Reducing pay or hours.

Our Maryland truck accident attorneys appreciate the actions of those employees who call attention to dangerous practices of trucking companies.

In Maryland, Texting While Driving May Soon Be a Thing of the Past

February 12, 2009 | Lebowitz & Mzhen

Maryland legislators are currently considering a bill that would make exchanging text messages while driving in the state, illegal. In the age of I-Phones and Blackberries, text messaging is increasingly common and deceptively easy, especially for younger people. However, Maryland truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers believe that text messaging while driving is distracting and may lead to unnecessary car accidents.

Sending and receiving text messages while driving is dangerous for the driver of any car or SUV. However, when a trucker driving a 90,000 pound commercial vehicle, is distracted by text messages, the results can be catastrophic. Russell Hurd, a resident of Harford County, Maryland, told state legislators how a truck driver sending a text message irreversibly changed the course of his life.

Thirteen months ago, Russell and his wife, Kim, traveled to Orlando Florida to help their daughter, Heather, and her fiancée plan their upcoming wedding. Heather and her fiancée stopped at a traffic light on their way to meet the Russell and his wife when a trucker traveling at 65 mph slammed into nine cars, including Heather’s. The distracted trucker instantly killed Hurd’s daughter, another woman, and seriously injured Heather’s fiancée. A subsequent investigation uncovered that when the accident occurred, the trucker was exchanging text messages with his employer in an attempt to fix a mechanical problem with the truck.

Detailed Truck Inspections May Prevent Maryland Truck Accidents

February 4, 2009 | Lebowitz & Mzhen

Commercial trucks have a large number of moving parts and components that, when working properly, help truck drivers safely deliver goods across the country. Maryland truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers have litigated cases where one or more of these components have failed and caused an accident. Federal law requires trucks to conduct pre-trip and post-trip inspections of the vehicles and to record the results in an inspection log. If a trucker fails to adequately inspect all of the truck’s basic parts, the driver may be guilty of negligence if one of those components fail and cause a truck accident.

The law states that a truck driver must inspect his truck and assure himself that all of the major components are functional. However, many drivers perform perfunctory inspections and note only a nominal inspection time in their logs. In a situation where a mechanical failure caused an accident, uncovering a driver’s failure to adequately inspect the truck before taking it on the road is crucial. Through the discovery process, Maryland truck accident attorneys attempt to get a negligent truck driver to give a detailed description of his pre-trip investigation in order to uncover any discrepancies.

Typically, we may ask a truck driver to give the exact amount of time he spent inspecting each of the following parts of his truck:
• Service brakes, including the trailer break connections for all axles;
• Parking/hand brakes;
• The steering mechanism;
• Light devices and reflectors;
• The truck’s tires
• Any straps or chains used to secure the load;
• The truck’s horn;
• Windshield wipers; and
• Rear view mirrors;

If amount of time the trucker allegedly spent inspecting each component does not match the amount of time indicated in the log, the discrepancy may call the trucker’s credibility into question when the case goes to trial.

Maryland Legislators Debate Whether to Increase the Penalties for Negligent Drivers

January 28, 2009 | Lebowitz & Mzhen

As we have discussed in earlier posts, a myriad of state and federal regulations govern the duty of care owed by truck drivers in Maryland. If a bill currently before the Maryland legislators becomes law, a negligent truck driver in Maryland may be liable both criminally and civilly a death caused by negligent driving. Maryland truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers will keep an eye on this bill and its potential future impact to civil truck accident litigation in Maryland.

Maryland legislators are debating a negligent driving law that will greatly increase the penalty for causing the death of another while behind the wheel. Maryland law enforcement personnel are frustrated by what they see as a “gaping hole” in state law that allows a driver who kills another to receive only a traffic citation and a fine.

Currently, under Maryland law, a driver is guilty of felony vehicular manslaughter only when the driver kills another while exhibiting a “wanton or reckless disregard for human life.” This is a high standard to meet at trial and, many times, defendants are found not guilty. If a driver’s negligence falls short of this standard but still kills another, a police officer can only ticket the guilty party and allow him on his way. As a result, if a sober driver runs a red light and kills someone, the driver is likely only to receive a reckless driving ticket and a fine.

The bill currently before the legislature would make it a misdemeanor when a driver kills another through a “substantial deviation from the standard of care…[normally] exercised by a reasonable motorist.” In its current form, the misdemeanor provides for a maximum prison sentence of three years and a fine of up to $5,000. Reasonable care is that level of prudence that an ordinary person would exercise in a given situation. In the example above, it would seem clear that blatantly running a red light would be a substantial deviation from the standard of care, and that driver would be guilty of a misdemeanor.

Our truck accident attorneys commend the foresight of Maryland’s legislators in proposing a bill to increase penalties for negligent driving which results in another’s death. The law, however, could impact the timeline of future civil truck accident litigation. If the state prosecutes a truck driver for violation of criminal law, the victim’s family typically would have to wait until the criminal case is finished in order bring their civil suit to trial.

The criminal justice system is notoriously slow moving and time has a deleterious effect on witnesses’ recall of events and an attorney’s ability to find records pertinent a civil case. This delay makes it that even more important that Maryland truck accident attorneys quickly gather information and take witness statements because a potential trial may be more than a year after the event.

External Weblinks

Maryland Daily Record

Technology in the Trucking Industry

January 26, 2009 | Lebowitz & Mzhen

The trucking industry is on the cutting edge of technological advancements, and a carrier’s use of advanced monitoring equipment is an important consideration for Maryland truck accident attorneys. In the weeks and months prior to a truck accident trial in Maryland, attorneys engage in a discovery phase and gather information that will reveal how the accident happened. In order to get all of the important facts, truck negligence attorneys must become knowledgeable on any communication or monitoring equipment used by the trucker

Many Maryland truck accidents are caused by a truck’s mechanical failure or a truck driver’s failure to properly maintain his vehicle. For example, the Caterpillar Driver Information Display alerts the driver to important mechanical issues within the big rig. With the aid of a forensic computer analyst an attorney can attempt to retrieve prior alerts and determine whether a driver negligently failed to make necessary repairs to their rig.

Another source of information comes from Qualcomm Products. Qualcomm Products manufactures a series of satellite based communication and monitoring systems that can provide information following a truck accident. Qualcomm systems provide instant messaging, email, and GPS tracking capabilities to motor carriers and their truckers. Following a truck accident, the Qualcomm systems allow a truck driver to immediately transmit their version of events to the home office. Communications between a carrier and a truck driver may shed light on how a truck accident really happened.

Marylanders Injured in Truck Accidents Should Know The Efforts Made By Truck Companies to Avoid Responsibility

January 23, 2009 | Lebowitz & Mzhen

I recently read an article that provided truck owners with ways to limit their responsibility for injuries caused by negligent truck drivers. The article suggested that truck owners aggressively utilize what they referred to as “accident response teams.” Maryland truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers disagree with some of the tactics these teams employ, and believe that their ultimate goal is to restrict the rights of victims injured in truck accidents.

Even before a victim of a negligent truck accident receives medical treatment for injuries, truck owners and their accident response teams are already preparing a defense to potential personal injury claims. In most cases, these response teams include an insurance adjuster/investigator, the company’s lawyer, the driver of the truck, and an accident reconstruction expert.

The trucking publication advises truck owners to ensure that their response teams arrive at accident scenes before law enforcement personnel leave, and before vehicles involved in the incident are moved. While on the scene of the accident, the response team will interview witnesses, take photographs of the accident scene, and investigate the background of potential injury plaintiffs. The response teams prepare their reports with the ultimate goal of limiting a motor carrier’s liability for injuries caused by negligent truck drivers. In some instances, the investigators may attempt to contact the victim of truck accident while they are recovering from their injuries.

Lebowitz & Mzhen Personal Injury Lawyers reminds its clients that under Maryland law, it is improper for a truck company, its insurance adjuster, or its lawyer to contact an injured victim involved in an accident once the victim hires an attorney.

Maryland’s Cap on Noneconomic Damages, Revisited

January 15, 2009 | Lebowitz & Mzhen

I recently read a heart breaking newspaper article on a North Carolina truck accident that drastically and irrevocably altered the life of a three year old Devon Buchanan. Devon’s grandfather, Tim Cable, described his three year old grandson as “full of life.” Cable told how he would take his grandson on trips in his truck and on ATV rides. Last summer, however, a negligent truck driver on Interstate 40 changed the nature of Devon’s relationship with his grandfather.

The truck driver, Carol Edward Jett, failed to slow for a lane closure and smashed into seven vehicles. As a result of the accident, eleven people were injured, a one year old was killed, and Devon was seriously injured. A lack of oxygen to Devon’s brain left the toddler suffering from severe brain damage. Now, Devon cannot walk and is unresponsive to his mother and to the grandfather with whom he had previously spent so much time. Since Devon cannot walk and is uncommunicative, his family must provide the child with around the clock care. As a result, Devon’s mother a father recently lost their jobs. Doctor’s are unsure whether Devon’s condition will improve, but the family remains hopeful.

Devon’s injuries, although they occurred in North Carolina, show a glaring unfairness in Maryland law. In an earlier post, we discussed how Maryland’s statutory cap on non-economic damages unfairly impacts young and severely injured victims of truck accidents. If this accident occurred in Maryland, state law would limit Devon’s right to recover meaningful damages for the total devastation of his life and the destruction of his life’s potential. The truck accident attorneys at Lebowitz & Mzhen Personal Injury Lawyers believe that this limitation harms those most seriously injured in Maryland truck accidents.

Maryland Big Rig Driver Jackknifes Off of Route 301 in Upper Marlboro

January 13, 2009 | Lebowitz & Mzhen

Early last week, on a rainy Wednesday morning, police and emergency personnel responded to a big rig accident on US-301 near Croom Road in Upper Marlboro, Maryland. A tractor trailer carrying an empty fuel oil tank, lost control, jack knifed, and careened off the road, seriously injuring the driver. As a result of the truck accident, the truck’s fuel tank burst and spilled nearly 150 gallons of diesel fuel across Route 301.

Accidents involving jack knifed tractor trailers pose a serious threat to other drivers on highways in Maryland. Jackknifing means the accidental folding of a tractor trailer so that it resembles an “L” or a “V”. If a commercial truck towing a trailer skids, the trailer can push the cab forward from behind until it spins out of control. Eighteen wheelers have a higher chance of jackknifing while hauling empty trailers. Jackknifing is typically caused by improper breaking, mechanical failures, or poor road conditions.

In an earlier post, we talked about the black boxes present in many modern tractor trailers. Maryland truck accident attorneys use these data recorders when a truck jackknifes to determine whether the sudden breaking or acceleration may have caused an accident.