Maryland Trucking Accident Lawyer Blog

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.

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.