Maryland Trucking Accident Lawyer Blog

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.

Maryland Truck Accidents: How the Truth is Uncovered

January 9, 2009 | Lebowitz & Mzhen

In order to prevail in a lawsuit concerning a Maryland eighteen wheeler accident, an attorney must employ certain special investigatory tactics. Truckers typically create a paper trial that, if followed correctly, may uncover the cause of an accident. A Maryland truck accident attorney’s investigation should pay careful attention to two information sources, the truck involved in the accident, and the truck driver.

1. The physical investigation of the truck

Information within the truck’s cab and engine could be essential in discovering whether the truck driver was at fault for the accident. When a big rig is involved in an accident on one of Maryland’s highways, the truck should be treated as a crime scene. Federal law requires trucking companies to keep a copy of the truck’s maintenance and inspection records in the big rig’s cab. Investigating these records could uncover a company’s failure to properly inspect or maintain the eighteen wheeler, and this failure may be a contributing factor in an accident.

Today, most big rigs carry black boxes in their engine compartments. Similar to airplane flight data recorders, black boxes in big rigs record engine conditions, vehicle speed, and other relevant information. Maryland truck accident attorneys must act quickly to recover the information contained within a truck’s black box. In many cases, a truck’s black box will tell an investigator when the truck driver applied the brakes, the engine RPM, clutch position, and the truck’s speed at the time of the accident.

Information found inside the cabin and sleeping compartment of the big rig involved in an accident may also prove crucial to a truck accident attorney. All truckers carry “trip envelopes” where they record their expenses for reimbursement and tax purposes. These payments tell the story of where a driver traveled preceding an accident, what he ate or drank, and most importantly, how long the driver spent on the road. Trip envelopes can highlight a violation of federal hours of service regulations and provide evidence of a driver’s negligence.

2. Investigation of the truck driver

A truck accident attorney should seek information concerning the driver of an eighteen wheeler involved in an accident in Maryland. A truck driver’s criminal record, driving record, and medical records might reveal evidence of the driver’s ability to operate a commercial vehicle safely.

A truck driver with a criminal history involving drug or alcohol violations will be a red flag to a lawyer. A truck driver’s prior traffic violations may demonstrate a pattern of driving behavior indicative of the driver’s negligence. Prescription medications and their dosage instructions may be another vital piece of information indicating the driver’s sobriety (or lack thereof) at the time of the accident.

Maryland Truck Driver on Baltimore’s Key Bridge Fails to Follow High Wind Warnings

January 7, 2009 | Lebowitz & Mzhen

On New Years Eve, high winds buffeted the Baltimore region and put drivers on area highways at increased risk for truck accidents. The Baltimore Sun reported that, during the period of high winds, a tractor trailer overturned on the Francis Scott Key Bridge, closing all travel lanes. According to Maryland Transportation Authority Police, the eighteen-wheeler traveling southbound across the bridge was forced by high winds across four lanes and into a sports utility vehicle traveling on the bridge’s northbound portion. Fortunately, nobody was seriously injured in this accident; however, it is not hard to imagine how the story could have easily ended more tragically.

This incident underscores the danger that high winds pose to Maryland big rig drivers and those that share the roads with them. Wind is a powerful force that can create white outs, snap trees, and damage buildings. Strong wind gusts can also force large commercial vehicles off highways, or into other cars on the road as it did this New Years Eve.

At the time of the accident, the Maryland Transportation Authority had issued wind restrictions for the Key Bridge and prohibited large trucks from traveling over the span. Wind restrictions are placed in effect when sustained wind speeds peak between 40 and 49 miles per hour. When wind restrictions are in place, house trailers, empty big rigs, and other high profile vehicles are prohibited by Maryland law from crossing effected bridges. If a truck driver in Maryland ignores the warnings of the Maryland Transportation Authority and operates a tractor trailer across bridges affected by wind restrictions this would be evidence of the truck driver’s negligence.

Interstate 95: Truck Drivers and Driver Fatigue That Can Be Fatal

January 2, 2009 | Jack D. Lebowitz

With Christmas and New Year’s just past, I spent a lot of time driving up and down Interstate 95, mostly along stretches of the highway that pass through the central and northern parts of Maryland, from Baltimore City up through and beyond Harford County. Not surprisingly, I encountered hundreds of tractor trailers along the way.

For a few miles, I followed one tractor trailer that was being driven in a somewhat erratic manner. I had time on my hand, and so I thought about why this driver may have been unable to drive in a completely straight fashion. Some obvious reasons came to me fast: the driver was drunk, or at least not completely sober; the driver was distracted by speaking on a cell phone; the truck operator was inexperienced.

Lastly, I thought about the one factor that is perhaps the most obvious, but often overlooked: driver fatigue. In 1990, The National Transportation Safety Board (NTSB) conducted a study to determine the cause of 182 heavy truck accidents that resulted in the death of the truck driver. Interestingly, the study’s primary purpose was to “assess the role of alcohol and drugs in the accidents.”
The study found, however, that the most commonly cited cause of the fatal truck accidents was fatigue. The NTSB concluded, “the 31-percent incidence of fatigue in fatal-to-the-truck driver accidents found in the 1990 study represents a valid estimate of the portion of fatal-to-the-driver heavy truck accidents that are fatigue-related.”

When Maryland truck accident attorneys represent victims and the victims’ families in truck accident cases, one of the first things we investigate is whether fatigue played a role in causing the collision.

Maryland Truck Accident Victim: Immediate Actions to Take

December 22, 2008 | Vadim A. Mzhen

The attorneys at Lebowitz & Mzhen Personal Injury Lawyers have developed the following list of things to do directly after an accident with a commercial vehicle. We suggest that our readers print out this list and place it in their glove compartment. We also suggest that you store a camera in your glove box in order to take photographs if you are involved in an accident.

1. STOP your car, no matter how minor the accident.
2. CALL THE POLICE to investigate the accident.
3. DO NOT DISCUSS THE ACCIDENT with anyone except the police officer on the scene.
4. GET INFORMATION ABOUT THE OTHER DRIVER AND THE TRACTOR TRAILER before leaving the scene of the accident. Make sure that you have the following information: (a) full name of the driver, (b) name of the trucking company, (c) Interstate Commerce Commission (ICC) license number from the side of the cab of the commercial vehicle, (d) telephone number of the trucking company, (e) insurance company and policy number for the tractor trailer, and (f) license plate number of the tractor trailer.
5. GET NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ALL WITNESSES.
6. DRAW A DIAGRAM of the accident.
7. TAKE PHOTOGRAPHS of the damage to your vehicle and, if possible, the tractor trailer, and any skid marks left on the roadway. Additionally, take photographs of your injuries if they are visible.
8. NOTIFY YOUR INSURANCE COMPANY.
9. DO NOT DISCUSS THE ACCIDENT WITH ANY INSURANCE COMPANY until you have talked to your lawyer.

10. IF YOU ARE INJURED, contact a doctor or go to the nearest emergency room as soon as possible.

Government Program Puts Marylanders at Increased Risk of Injury from Truck Accidents

December 16, 2008 | Jack D. Lebowitz

Currently, the Federal Government limits the areas in which trucking companies located abroad may travel within the United States. However, the U.S. Department of Transportation has recently begun a trial program allowing tractor trailers coming from outside the United States to travel without restrictions within the United States, including, of course, Maryland.

Why does this concern us? Because trucking companies located outside our borders are not subject to same safety regulations as trucking companies located in the United States. For example, American truck drivers are subject to limitations on the number of hours they may work per week, drug and alcohol testing, and commercial driver’s license requirements (CDL) before they are allowed to drive on the nation’s highways. In addition, American motor carriers are required to maintain certain levels of insurance to protect injured motorists.

The Federal Government has not published plans to require foreign trucking companies to comply with the federal regulations. We respectfully suggest that Congress take action to stop this trial program before the federal standards are watered down. If the federal rules and regulations are weakened, it seems clear that a greater number of injuries will follow to those who drive on this nation’s roadways.

Drivers of Eighteen-Wheelers in Maryland Must Pay Extra Attention While Driving in Inclement Weather

December 12, 2008 | Vadim A. Mzhen

Under perfect road conditions, it takes an attentive and well trained truck driver 96 yards to stop an unloaded eighteen wheeler traveling at 55 miles per hour. Traveling at typical highway speed, 65 miles per hour, the same truck will take 129 yards to come to a stop. Unfortunately, conditions are hardly ever perfect, and truck drivers are not always attentive or well trained, and tractor trailers are often heavily laden with goods. In poor weather, a loaded eighteen wheeler can take over two football fields to stop. Poor weather and road conditions increase the distance necessary to stop a truck and also elevates the risk of death or injury to Maryland drivers.

Because of these considerations, federal law increased the level of care owed by truck drivers in Maryland during inclement weather. Through rain, sleet, snow, or fog, truck drivers must, by law, maintain a higher level of care. Extreme care requires, amongst other things, that large truck drivers reduce their speed and increase the distance between themselves and other drivers on the roads. Additionally, if the hazardous conditions persist, drivers of commercial vehicles must get off the road until the weather or road conditions improve.

Big rig operators in Maryland know what the law requires and many operate their eighteen wheelers professionally and responsibly through poor weather or road conditions. However, federal law and Maryland truck accident attorneys work to punish those who do not. In Maryland, poor weather caused 25% of the fatal eighteen wheeler accidents. Today, trucking companies are able to transmit up-to-date weather information to the truck drivers they dispatch across Maryland and the nation. Many eighteen-wheelers operating with major carriers have computers installed in their cabs to receive messages from their home offices. Maryland law, if not federal law, should require carriers to transmit information on weather and road conditions to their drivers and direct them to leave the highways during extreme weather. The attorneys at Lebowitz and Mzhen believe that this step could save the lives of drivers on Maryland’s highways.

Large Trucks in Maryland Must Carry a Minimum Amount of Liability Insurance

December 9, 2008 | Vadim A. Mzhen

In an EARLIER POST, we told our readers that we would briefly discuss some of the major laws that impact a victim’s suit against negligent truck drivers. Today, we highlight the minimum insurance coverage truck drivers must maintain to protect victims of truck accidents in Maryland. The Code of Federal Regulations requires motor carriers hauling different substances to maintain different levels of insurance to protect people injured in accidents.