Maryland Trucking Accident Lawyer Blog

Baltimore County Woman Wins Over $830,000 After a Tractor Trailer Struck her Car

November 24, 2008 | Jack D. Lebowitz

I recently read about a case involving an accident involving an eighteen wheeler that occurred on Chelsea Road in Aberdeen, Maryland. A tractor trailer operated by Kaplan Trucking Company, Inc struck the rear of Kathleen Festerman’s minivan. At trial the truck driver described that he struck the victim’s minivan while he was distracted. A jury in Federal Court in Baltimore awarded the victim in excess of $800,000.00 for her injuries, medical expenses, and lost future earnings.

Younger Maryland Drivers are at a Higher Risk for Serious Automobile Accidents

November 21, 2008 | Jack D. Lebowitz

According to the Federal Motor Carrier Safety Administration, 20% of Marylanders killed in truck accidents in 2006 were between the ages of 16 and 25, and speed or failure of the young driver to stay in their proper lane caused nearly 53% of these fatalities. According to the NTSB, young drivers represent less than 7% of this country’s driving population, but make up 13% of drivers involved in fatal car accidents. 66% of passengers killed when teens are behind the wheel are between the ages of 15 and 19 years old. According to the Insurance Institute for Highway Safety young drivers need 500 hours of practice in order to be considered safe drivers.

Maryland Trucking Company Owners May Not Entrust Vehicles to Negligent Drivers

November 15, 2008 | Vadim A. Mzhen

Plaintiffs in Maryland may recover money damages from a negligent truck driver’s employer based on the legal theory of negligent entrustment. Negligent entrustment allows Maryland accident attorneys to accomplish two objects important to a plaintiff’s personal injury suit. First, this method of recovery allows a plaintiff to avoid the situation where the truck driver does not have sufficient personal assets or insurance coverage to satisfy a potential monetary award. Second, the theory allows plaintiffs to punish careless owners of trucking companies who put Marylanders at risk of serious injury or death caused by negligently operated or maintained trucks.

Under Maryland law, negligent entrustment has three elements that must be demonstrated before the court during trial. First, the plaintiff’s attorney must prove that the trucking company owner was a legal supplier that made the truck available to the driver. Second, the plaintiff must prove that the owner knew or should have known that the truck was in defective condition or that the truck driver, due to inexperience or other factors, was likely to drive the truck in a manner that put others at risk of harm. Finally, an attorney must prove that the injured plaintiff was the type of person the supplier would expect to be endangered by a negligent truck driver.

Maryland courts define a supplier as anyone who has the right to permit and the power to prohibit the use of the truck. If the negligent truck driver’s employer owned the truck, then the owners is legally a supplier who made the truck available to the negligent driver. In a number of cases, Maryland courts have held that truck company owners are legal suppliers if they possess trucks and provide them to drivers that they employ.

Washington DC and Maryland Truckers Can Take Steps to Prevent Truck Accidents

November 14, 2008 | Jack D. Lebowitz

Although the number of large truck involved in deadly accidents decreased from 4,766 trucks in 2006 to 4,584 in 2007, the number of large-truck related deaths—4,808 fatalities—and injuries—100,000 victims—is still too high. Truck accidents can occur both from trucker negligence and the negligence of other motorists and pedestrians. Regardless of who caused the accident, however, in many cases it is the pedestrian, motorcyclist, bicyclist, or occupant of the passenger car involved in a collision with a large truck that sustains the most catastrophic injuries or dies.

Commercial truckers are professional drivers who are held to a higher standard of safety on the road than regular motorists. Not only are they operating large vehicles weighing thousands of pounds, but many times, they are transporting extremely heavy or dangerous/hazardous cargo in their vehicles.

It is important that truck drivers exercise extreme caution when operating their large trucks at all times so they can safely arrive to their destinations without becoming involved in a motor vehicle crash. The Federal Motor Carrier Safety Administration offers a number of safety tips for bus and truck drivers:

• Make sure you are well rested before getting in your truck.
• Do not exceed the maximum hours of service that you are allowed to operate your vehicle.
• Make sure that your truck is up-to-date on all maintenance work and that you inspect your truck—especially the brakes—before you go anywhere.
• Monitor your blind spots regularly when driving. 30% of large truck crashes happen in the trucker’s “No-Zone” area.
• Slow down when you are driving close to construction work zones. 30% of deadly work zone accidents involve large trucks.
• If a large truck rear ends another vehicle, liability is often placed on the truck driver. Make sure to keep a safe distance between you and the auto in front of you.
• Wear a seatbelt to protect yourself from sustaining serious injuries in the event of a traffic accident.

• Be a defensive—not an aggressive—truck driver.

Safety Tips for Truck and Bus Drivers, FMCSA
Large Trucks Safety Fact Sheet, NHTSA
Federal Motor Carrier Safety Administration

In Maryland, it is Legal Evidence of Negligence When a Truck Driver Violates State or Federal Traffic Law

November 13, 2008 | Vadim A. Mzhen

An injured party may present a negligent truck driver’s traffic citation as evidence of negligence when the truck driver violates traffic law and causes an injury as a result. Anyone who has received a speeding ticket knows that state traffic laws govern all Maryland drivers; however, truck drivers are also governed by additional state and federal regulations. If a truck driver violates any of these laws and causes a car accident, the injured party may use that violation as evidence of the truck driver’s negligence.

The Maryland accident attorneys represented the victim of a truck accident where the truck driver violated Maryland law and caused the victim’s injuries. The victim was traveling on the highway when the driver of the speeding tractor trailer lost control of the truck and violently crashed into the rear of the victim’s automobile. The police on scene ticketed the truck driver for speeding and failing to control his vehicle. As a result of the accident, the victim suffered a broken pelvis and other serious injuries. The victim’s counsel relied upon the truck driver’s tickets to prove that the truck driver had acted negligently.

Maryland State Highway Truck Accident Leaves One Teen Dead and Another Victim with Serious Injuries

November 6, 2008 | Jack D. Lebowitz

In Jefferson, Maryland, 17-year-old Kaitlyn Wilson died early this morning from injuries she sustained in a two-vehicle crash with a Maryland State Highway Administration dump truck. The driver of the Honda Civic that Wilson was riding in is alive, but listed in serious condition.

The deadly truck accident occurred at the intersection of Holter Road and Md. 180. According to Maryland State Police, the Civic was headed north on Holter Road while the truck was moving east on Md. 180 at a constant speed. The two-vehicle crash occurred at the intersection.

According to Jefferson Volunteer Fire Company Chief Jimmy Lakin, the truck had landed on top of the truck. Firefighters had to cut two of the accident victims from the wreckage.

Wilson and the driver of the Honda were flown to Baltimore and treated at the R Adams Cowley Shock Trauma Center. The truck driver and his passenger were taken to Frederick Memorial Hospital, where they were treated for non-life threatening injuries and later released.

According to a Federal Motor Carrier Safety Administration Study:

• Dump trucks are involved in 16% of large truck accidents.
• Van trucks are involved in 46% of large truck crashes.

• 15% of large truck collisions involve flatbed trucks.

Dump trucks are extremely large trucks that can cause serious injuries to victims during motor vehicle collisions. In many cases, pedestrians, motorcyclists, and the occupants of passenger cars are the ones more likely to get hurt than the occupants of large trucks when these traffic accidents occur.

If you have been injured in a large truck crash, it is important that you seek medical help right away. In certain instances, symptoms of internal injuries may not reveal themselves until later.

Teen identified in fatal crash as Middletown High student, Frederick News, November 6, 2008
One Victim Dies in Hospital, Driver Still In Serious Condition, Your4State.com, November 6, 2008
Related Web Resource:
Federal Motor Carrier Safety Administration

NHTSA Reports 63 Deadly Large Truck Accidents in Maryland in 2007

October 27, 2008 | Lebowitz & Mzhen

Out of the 849 vehicles that were involved in deadly traffic collisions in Maryland last year, 63 of those motor vehicles were large trucks. The National Highway Traffic Safety Administration released these latest figures as part of its 2007 Traffic Safety Facts on large trucks. A large truck, according to the data, is a gross vehicle weighing more than 10,000 pounds.

More 2007 Facts on Large Truck Accidents in the United States:

• 413,000 large trucks were involved in US traffic collisions.
• 4,808 people died in large truck crashes.
• 101,000 people were injured in large truck crashes.
• 1 out of every 9 traffic deaths in the US involved a collision with a large truck.
• 75% (3,601) of the fatalities were passengers in other motor vehicles involved in collisions with large trucks.
• 8% (405) of the people that died in large truck accidents were not riding in any vehicles at the time of the crash.
• 17% (802) of the people that died in large truck accidents had been riding in trucks when the deadly crash occurred.
• 75% (75,000) of injury victims involved in large truck crashes were occupants of other vehicles.
• 23% (23,000) of the injury victims were large truck occupants.
• 2% (2,000) of the injury victims were not riding in any vehicles at the time the large truck crash occurred.
• Large trucks have a greater chance of becoming involved in a deadly multi-vehicle collision than passenger vehicles.
• 1% of large truck drivers involved in deadly crashes had a blood alcohol concentration of .08% or greater at the time of the accident.
• 23% of passenger car drivers, 23% of light truck drivers, and 27% of motorcyclists involved in deadly auto crashes recorded BAC’s of 08% or greater.
• Almost 24% of the large truck drivers involved in deadly crashes had at least one prior conviction for speeding.

• 19% of passenger car drivers involved in deadly crashes had prior speeding convictions.

2007 Large Trucks Traffic Safety Fact Sheet, NHTSA

Related Web Resources:

Federal Motor Carrier Safety Administration

Maryland Department of Transportation

Dump Truck Accident in Germantown Kills One Elderly Pedestrian and Seriously Injures Her Husband

October 15, 2008 | Vadim A. Mzhen

A 78-year-old woman was killed and her 74-year-old husband sustained serious injuries when they were hit by a dump truck in Germantown last Thursday. The deadly Maryland motor vehicle crash occurred around 12:50pm on Route 118 in an area of the road that was under construction.

The dump truck struck the elderly pedestrians as it was backing up. Yushu Li died at the accident scene. Her husband, Xiufeng Wang was admitted to Suburban Hospital in serious but stable condition.

According to police, who are conducting the investigation, the backup alarm on the truck was working and the truck doesn’t appear to have any code violations. Dump truck driver Jack Bowers did not sustain injures.

A backhoe operator who saw the couple walking prior to the accident stopped his equipment because he believed the two of them were too close to the debris.

Common kinds of truck accidents that can lead to injuries and deaths include:

• Trucks striking pedestrians
• A collision between a truck and car, motorcycle, or another vehicle
• A truck striking a nonmoving object

Trucks that have been involved in traffic accidents include:

• Dump trucks
• 18-wheeler trucks
• Tractor-trailers
• Van trucks
• Garbage trucks
• Logging trucks
• Livestock vehicles
• Cement mixers
• Bobtail units
Senior Pedestrians Facts

According to the National Highway Traffic Safety Administration, senior pedestrians made up 16% of the 4,654 pedestrians that died and the 6% percent of the 70,000 pedestrians that were injured in traffic crashes in 2007.

Woman Killed After Dump Truck Strikes Her, WJZ.com, October 10, 2008
Woman Dies in Truck Accident, WashingtonPost.com, October 10, 2008
Pedestrians Hit by Dump Truck in Germantown , MyFox, October 9, 2008

Related Web Resources:

Pedestrian Traffic Safety Fact Sheet, NHTSA

Four People Injured in Maryland After Tractor-Trailer Strikes Another Vehicle, Causing Chemical Spill in Harford County

October 6, 2008 | Jack D. Lebowitz

Four people sustained injuries in Harford County, Maryland, after a tractor-trailer hit a pickup truck, turned over, and spilled a flammable chemical onto Interstate 95 (southbound). The crash occurred past the Aberdeen exit close to the Maryland House Travel Center.

Maryland State Police say the trucking accident occurred soon after 2am soon after Juan Moyorga, a pickup truck driver slowed down his vehicle in the wake of the crash scene from an earlier collision. He was rear-ended by a tractor-trailer, which then turned over onto the center median’s guardrail.

Investigators say that fluid began leaking from the semi-truck onto the ground. They have identified the flammable chemical as acetone.

A part of the highway was shut down for eight hours, while firefighters managed to contain the acetone leak. The Maryland Department of the Environment says about five gallons had leaked out.

Edgewood resident Deanna Moyorga, a passenger in the pickup, was transported by air to Maryland Shock Trauma Center with critical injuries. Juan Moyorga and another passenger, Andreas Juarez, suffered serious injures and were also taken to the center.

Baltimore tractor-trailer driver Carroll Quarles suffered non fatal injuries and was transported to Harford Memorial Hospital.

Chemical Spills

Trucking accidents resulting in chemical spills can be a potential hazard not just to the motor vehicle crash victims but to other people in the area—depending on the type of chemical that is leaked and the injuries that can result.

4 hurt, chemical spilled in I-95 crash in Harford, BaltimoreSun.com, October 5, 2008
Interstate 95 Reopens After Hazmat Spill, WBALTV.com, October 4, 2008

Related Web Resource:

Agency for Toxic Substances & Disease Registry, CDC.gov
Maryland Department of the Environment

NTSB Calls on FMCSA to Do More to FIght Trucker Fatigue and Prevent Deadly Truck Crashes

October 3, 2008 | Vadim A. Mzhen

Following its findings that the cause of a 2005 semi-trailer– bus crash in Wisconsin that claimed five lives and injured over 30 people happened because the truck driver had fallen asleep while driving, the National Transportation Safety Board is recommending that the Federal Motor Carrier Safety Administration implement new technology to fight trucker fatigue.

The deadly crash occurred when a bus carrying a high school band rammed into Kozlowski’s overturned large truck. The agency says that Kozlowski failed to get enough sleep during his off-time and nodded off right before his truck jackknifed.

While the jury for Kozlowski’s criminal trial acquitted the trucker of 12 felony and 21 misdemeanor charges and placed blame on the 78-year-old bus driver for not wearing his glasses, the agency’s findings conclude that even if he had worn his glasses, the motorcoach operator would have had a hard time seeing the truck in the dark.

The NTSB is recommending that the Federal Motor Carrier Safety Administration:

• Put together a plan to install anti-fatigue technology in commercial carriers.

• Create a methodology to evaluate how well a motor carrier’s fatigue management strategy is working.

The NTSB is recommending that the National Highway Traffic Administration figure out whether it makes sense to install active braking and electronic stability control systems in commercial trucks. It also wants trucking companies to more closely monitor truck log books and make sure that their drivers are getting enough sleep in between their driving shifts.

If you or someone you love was injured in a Maryland truck crash, this is not the kind of case that you want to handle without an experienced truck crash attorney by your side.

Truck Driver Fell Asleep, NTSB Says, School Transportation News
Truck accidents justify crackdown on fatal link to drivers’ fatigue, DelawareOnline.com, September 19, 2008

Related Web Resources:

Hours-of-Service Regulations, Federal Motor Carrier Safety Administration

National Transportation Safety Board

National Highway Traffic Safety Administration