Trucking Accident Lawyer Blog

The current economic downturn has caused some Americans to change careers in order to keep their financial heads above water. Recently, MSNBC reported that some laid off blue and white collar workers have began new careers as long haul truckers. Tom Davis, a manager of a company that hauls consumer goods, told MSNBC reporters that job inquiries at his company had increased between 40 and 50 percent since late 2008. Davis also reported that his company had received applications from applicants with diverse backgrounds, including some drivers who had been let go from NASCAR teams. The Maryland truck accident attorneys at Lebowitz & Mzhen, LLC believe that an increased number of inexperienced truck drivers on the roads make it even more important that trucking company owners adequately train and supervise their rookie drivers.

Before a trucking company owner hires a potential driver, federal law requires the owner to conduct a background check of the future employee’s driving and criminal records. A person cannot legally drive an eighteen wheeler if he or she has a DUI or DWI conviction, has been found guilty of a felony, or if the driver has ever left the scene of an accident. Additionally, in some cases, the owner must conduct a road test to ensure that the applicant has the ability to safely operate an eighteen wheeler in traffic.

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Maryland truck accident attorneys reported in an earlier post that the recent budget bill passed by Congress ended a program that allowed foreign truckers to transport goods into the United States. The American trucking lobby cited safety concerns as the reason for their opposition to the program. When the Congress ended the program, the Teamsters Union celebrated a victory. The Mexican government, however, viewed the end of the program as protectionist fiscal policy that would harm its domestic economy.

In response to the actions of the United States, Mexico announced plans to place heavy tariffs on imported U.S. goods. Mexico is the third largest export market for U.S. goods behind Canada and China, and is the second largest consumer of American agricultural products. In 2008, the U.S. exported $11 billion in food products to Mexico and $63 billion dollars of machinery, automobile and other transportation equipment. The Mexican tariff affects American fruits, vegetables, wine, juices, sunglasses, toothpaste and coffee and would subject some of these products to a 45 percent charge.

In an attempt to avoid a larger trade dispute, U.S. Transportation Secretary, Ray LaHood, may reverse the Teamsters’ victory. LaHood is currently working on plans that would revive the cross border trucking program in response to the Mexican tariff on American goods. LaHood is currently meeting with lawmakers in an attempt to restore the cross border trucking program in a manner that would address legislators’ concerns over safety.

Maryland accident attorneys at Lebowitz & Mzhen, LLC will continue to monitor this potential legislation.

In a prior post, we reported how many truck companies attempt to rush people injured in Maryland big rig accidents to accept low settlements. Recently, a potential client came into my office and explained that she had been involved in a Maryland truck accident while traveling on Interstate 95 in Howard County, Maryland. This lady explained that she had sustained what she considered “serious, but not life threatening injuries.”

This individual went on to describe how the insurance company for the truck company had called her a week after the accident, one thing led to another, and she agreed to settle her case for an amount that she now realizes was far too law. She wanted to know if she had any legal rights to go back and undo her mistake. She does.

In Maryland, if a person settles her case within 30 days after a truck accident (evidenced by the signing of a legal release within 30 days of the incident), without being represented by a lawyer and without the advice of an attorney, the victim may void the release within 60 days after the date the release was signed. The voiding of the release must be done in writing, and it must be accompanied by the return of the money paid in settlement.

It should be noted that an insurance company may not obtain a settlement, or try to negotiate a settlement, within 15 days of an automobile or truck accident, if the person injured is confined to a hospital.

These protections for Maryland accident victims became law in 2007. The law reinforces my view that individuals need protection from insurance companies, and others, who aggressively pursue a quick settlement (and almost always a low settlement) before the victim knows what hit them.

Maryland truck accident attorneys recognize the danger posed by fatigued drivers, especially when the drivers are operating tractor trailers. As we have discussed in prior post, the federal government has established hours of service (“HOS”) regulations that restrict the amount of time a trucker can spend behind the wheel of an eighteen wheeler. These regulations help ensure that truckers remain rested and alert as they transport goods across the country.

Currently, the regulations allow a trucker to drive 11 hours a day with 8 consecutive hours of rest every 24 hours. Additionally, the regulations require a driver to remain out of service for a consecutive 34 hours once they have driven 60 hours in a single week.

In Washington D.C., trucking companies and the Teamsters Union, are attempting to overthrow the current federal HOS regulations. The goal is to decrease the number of daily hours that truckers may drive. However, the Federal Motor Carrier Safety Administration (“FMSCA”) is resisting challenge to the existing law. The FMSCA cites expert studies that suggest that the current HOS are more in sync with a trucker’s circadian sleep rhythms and makes driving safer.

The FMSCA’s contention seems to be supported by recent trends in Maryland truck accident statistics. According to the FMSCA, the number of fatal accidents involving large trucks has fallen since 2004, and the number of non fatal large truck accidents has declined since 2005.

The attorneys at Lebowitz & Mzhen, LLC will continue to follow this story and report any changes in the federal HOS regulations and their potential impact on driver safety in Maryland.

The Baltimore Sun reports that Christine D. Schoppert, 33, of Pasadena, Maryland was killed driving her five year old daughter to nursery school on Tuesday morning. Schoppert stopped her Nissan Maxima to make the left turn into the Creative Garden Learning Center on Ordnance Road when Brian Weatherley’s Chrysler Concord rear ended her. The collision forced Schoppert into the path of an oncoming garbage truck and both vehicles caught fire.

A passerby on his way to work, Coast Guard Petty Officer First Class, Lavelas Luckey, spotted the smoking Maxima and quickly rescued the child from the car. The child was transported to Johns Hopkins Hospital where she is being treated for life threatening injuries.

Although the police are still investigating the circumstances surrounding the accident, this story reminds of something that I was taught in my driver’s education course. The instructors taught us that when stopped waiting to make a turn off of a roadway, a driver should keep a vehicle’s wheels pointed forward until they begin to make the turn. If a car has its wheels turned in one direction or another and is struck from behind, the impact will force the car in the direction the front wheels are pointed.

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Sometime ago, the Maryland truck accident attorneys at Lebowitz & Mzhen, LLC published a post concerning a government program that allowed foreign truck drivers access to American roads. The original program, included under the North American Free Trade Agreement (“NAFTA”), granted foreign truckers narrow access to the United States’ roadways. The Bush administration widened the program and allowed foreign drivers broader access to the roads throughout this country’s border states.

American truckers and their lobbyists unsuccessfully pressured the Bush administration to reduce the breadth of foreign trucker’s use of this country’s highways, claiming that the presence of foreign drivers on interior roadways put Americans at an increased risk of injuries from truck accidents. Now, American truckers could get their wish.

On Tuesday, the Senate passed a $410 billion dollar budget bill that included a provision that would end cross border trucking. The passage of this legislation may have addressed the concerns of American truckers, but the move has angered other NAFTA signatories who claim that this bill violates America’s treaty obligations and sends a dangerous economic signal.

Our attorneys will continue to track this story as it develops and as the bill heads to the White House for signature.

Due to this weekend’s snow storm in Maryland, our Maryland truck accident attorneys have spoken to many potential clients regarding accidents caused when the driver of a motor vehicle, or in one case, the driver of a tractor trailer, hit a patch of ice, or compacted snow, lost control of the vehicle driven, and caused an accident. After a snow storm, potential clients call us and ask a question like this, “Do I have a case: I was injured when another driver lost control of his vehicle on ice and slammed into the front of my car?”

In Maryland, a driver of a motor vehicle must control his or her vehicle in all weather conditions. The Maryland Transportation Article, Section 21-801 states that:

“At all times, the driver of a vehicle on a highway shall control the speed of the vehicle as necessary to avoid colliding with any person or any vehicle or other conveyance.”

In short, the failure to control a vehicle due to snow or ice does not excuse the act of losing control of a tractor trailer, an SUV, or an automobile. A driver is responsible for injuries or damages caused when his or her motor vehicle goes out of control and strikes another driver, even if the accident was caused by ice or snow on the roadway.

Continue reading " All Maryland Drivers Must Maintain Control of Their Vehicles, Even When Driving on Snow and Ice " »