July 16, 2010

Maryland to Pay Portion of $2 Million Jury Award in Highway Traffic Death Suit

A Maryland jury recently found the state of Maryland and a commercial truck driver liable for more than $2 million in damages following the 2007 death of a prison inmate who was killed along a highway exit ramp while removing trash and garbage from I-495. The jury award of $2,025,000 will go to the estate and family of Rodney Jennings, who died after being run over by a dump truck driven by Wayne Goss -- Goss is the owner of W.H. Goss Trucking, LLC.

According to reports, Jennings -- who was 28 years old at the time of his death -- was serving time for a drug-related crime at the Herman L. Toulson Boot Camp in Jessup, MD. Although Goss was not working for Maryland at the time of the traffic accident, the Jennings’ family’s attorney argued that the state was also responsible for the man’s death because it did not sufficiently ensure Jennings' safety.

Based on court records, the plaintiff’s lawyer claimed that employees in Maryland's Department of Corrections -- as well as the State Highway Administration -- did not correctly evaluate the traffic conditions near the exit ramp where the accident occurred. They should have, said the attorney, required that inmates traverse that particular portion of the highway by van, instead of on foot as Jennings was doing when he was struck. The family’s attorney also threw fault on the apparently poor training received by the state workers who were assigned to monitor the inmates work.

A spokesman for the Maryland Department of Public Safety and Correctional Services said the department has instituted policy changes since the fatal accident in August 2007. Now workers are reportedly required to be driven across exit ramps and other similar traffic areas by way of a state corrections van instead of by foot.

At the time of the news article, it was not yet known what portion of the settlement would be paid by the state of Maryland and how much would be paid by Goss. Apparently, there were also no plans for any criminal charges to be filed against Goss regarding the accident.


Md. jury awards $2 million in inmate highway death, SFExaminer.com, June, 24, 2010


June 22, 2010

Unscrupulous Maryland Repair Garages Can be Liable for Trucking Accidents Caused by Poor Maintenance, Fraud

To some repair garages, dishonest trucking companies and thoughtless semi tractor-trailer drivers, saving some cash now is worth the risk of causing a serious traffic accident in the future. Cause and effect are not always considered by unscrupulous garage owners and the semi truck drivers that employ them. But the dangers are real and the results can be deadly in many cases.

As Baltimore trucking accident attorneys, our office helps the victims of 18-wheeler and commercial big-rig accidents. For those unfortunate families who have lost a loved one as a result of another person’s negligence, emotions can run very high especially when deception and outright fraud are involved.

This was apparently the situation in a case where the owner of a repair garage allegedly sold inspection stickers for a 1997 Kenworth semi with worn brakes that killed a motorist along the Schuylkill Expressway in 2009. New reports say that the garage owner, 62-year-old Joseph Jadczak pled guilty in 2009 to vehicular homicide and also to permitting the operation of a motor vehicle equipped with unsafe equipment.

An investigation of the tractor-trailer rig involved in that truck crash showed that each of the vehicle’s ten brakes were all severely worn. Despite this, and to the apparent astonishment of the investigators, the rig possessed all of its current and up-to-date inspection stickers. The scary part is that this truck was stopped by police in Maryland and three other states before the accident that claimed the life of 49-year-old David Schreffler on January 23, 2009, in Pennsylvania.

That accident, which occurred on I-76 resulted in the truck being unable to stop with a reported load of 74,000 pounds and then plowing into six cars including the deceased victim’s vehicle. Police reports show that the driver, 56-year-old Valerijs Belovs, had to use the truck’s emergency brake to slow the vehicle, but not enough to avoid the fatal crash.

According to reports, Belovs and the trucking company’s owner, Victor Kalinitchii, pleaded guilty last year to vehicular homicide. The driver was sentenced to time served (just over three months in prison) and was released following his April sentencing hearing. Kalinitchii, who reportedly ordered Belovs to drive cross-country in the truck knowing the brakes were defective, was sentenced to 11 1/2 to 23 months by Judge Thomas C. Branca that same day.


Garage owner petitions to withdraw guilty plea, TimesHerald.com, May 12, 2010


June 7, 2010

Maryland Injury News: Baltimore Commercial Trucker Killed in Fatal Single-vehicle Out-of-state Accident

Single-truck accidents are not uncommon, however the causes can be very similar to multi-vehicle trucking accidents involving passenger cars and semi tractor-trailers. The force of such truck crashes can easily result in death of the passenger vehicle’s occupants, not to mention the truck driver himself. Whichever is the case, defective truck equipment should always be considered.

A sad fact of highway tractor-trailer and commercial truck wrecks is that lack of safety inspections can sometimes be to blame for a crash. These massive motor vehicles have a large number of moving parts and inter-related components that all need to work properly in order to keep the vehicle operating safely. Passenger car, SUV and minivan drivers, as well as motorcycle riders have died as a result of poorly maintained semi tractor-trailers.

As Maryland trucking accident attorneys, our staff has handled numerous personal injury cases in which one or more critical components have failed on an over-the-road truck, resulting in a serious injury or fatal traffic crash. State law requires truck drivers to individually inspect their vehicle assure that all major components, including safety equipment, are functioning correctly. But while the law requires this, many drivers will perform only perfunctory inspections, noting only nominal inspection times in their vehicle logs.

A recent out-of-state single-truck accident may or may not have been caused by defective or improperly maintained equipment. According to a recent news article, a Maryland truck driver died in an early-morning traffic accident when his tractor-trailer rig crashed at the bottom of an inclined roadway in Pennsylvania.

According to local officials, 40-year-old Steven Washington Robinson of Baltimore County, MD, was declared dead at the scene around 4am after apparently succumbing to severe head injuries following the crash. Robinson was reportedly an eight-year employee of CMD Logistics.

Reports indicate that Robinson was traveling eastbound on Route 422 when his big rig ran off the road and traveled down a steep embankment, striking a tree at the bottom of the hill. Fire department personnel, as well as a local hazmat team, responded to the accident. State police investigators said that Robinson was unrestrained in the cab of the rig and reported died from blunt force trauma to the head, according to a local corner’s report.

While the trucker’s death had been ruled accidental by police, toxicology tests were pending at the time of the reports. Defective equipment likely would not be ruled out until a full investigation had been carried out. That investigation was being undertaken by the police and no results were available at the time of the news report.


Trucker killed in Cherryhill Township crash, IndianaGazette.com, May 5, 2010


May 31, 2010

Truckers’ Negligent Driving Can Cause Injuries and Occasional Death on Maryland’s Highways and City Streets

Commercial trucks and semi tractor-trailer, such as Freightliners and Peterbuilts pose a significant threat on our highways and byways. As Maryland trucking accident attorneys and injury lawyers, our firm understands the seriousness of a traffic accident caused by negligent operation of over-the-road haulers, or big rigs. Motorists and passengers riding in relatively small passenger cars and minivans have a slim chance of escaping injury when hit by one of these heavy trucks.

Even in busy downtown areas, truck accidents can happen with little or no warning. Motorcycle riders and bicyclists, pedestrians and other commuters can all be injured or killed by a poorly driven delivery vehicle or other commercial motor carrier. The amount of local commerce can be an indicator of the potential frequency of trucking accidents in a particular area.

In Baltimore and other busy metropolitan centers, motorists must use extreme caution in and around industrial areas where truck traffic is usually the highest. These huge vehicles and their trailers can weigh a total of 80,000 pounds, the rough equivalent of 30 economy cars. Even large sport utility vehicles (SUVs) or light-duty pickup trucks are no match for a fully-laden tractor-trailer rig. In a crash, a fully-loaded semi can literally accordion a smaller passenger vehicle, injuring or killing the occupants.

Being a Maryland injury attorney, I have seen the aftermath of these kids of heavy truck-passenger car accidents. I know how every year hundreds of individuals are cars caught up in traffic accidents involving big rigs — some wrecks are fatal to the occupants of these passenger cars. This is one of the sad and sobering facts of trucking accidents.

Statistics show that injuries resulting from truck accidents can be much more serious than car-to-car crashes. Common injuries include spinal cord damage, brain trauma, broken bones and other serious and permanent bodily harm.

One last unfortunate fact that comes up time and time again; many trucking-related accidents can be avoided. While many trucking companies take the time and effort to ensure that their trucks and drivers are safe, still others do not. An overloaded trailer is one of the most frequent causes of truck wrecks.

Continue reading "Truckers’ Negligent Driving Can Cause Injuries and Occasional Death on Maryland’s Highways and City Streets" »

April 7, 2010

Baltimore Trucking Accident News: Tractor-trailer Crash Kills Husband; Critically Injures Wife in Harford, Maryland

Trucking accidents are some of the most deadly for occupants of passenger cars, light trucks and motorcycles. From thrown tire treads to loose trailers and out-of-control semi-tractors on severe grades, a motorist who is in the wrong place at the wrong time could be seriously hurt or even killed as a result.

As a Maryland trucking accident lawyer and personal injury attorney, I am dedicated to assisting victims and their families recover damages following a devastating tractor-trailer collision. Big rigs, also known as 18-wheelers, can haul in excess of 30 tons of cargo. With that much weight traveling at highway speeds, a serious disaster is just one wrong move away.

Not long ago, the Maryland State Police reported a fatal tractor-trailer crash that took the life of a Washington man and seriously injured his wife. According to news articles, the collision occurred on Interstate 95 crash in Harford County, MD, when a semi hit the couple as they stood by the side of the road.

Police reports indicate that the husband and the wife, who were traveling in separate vehicles, pulled there respective cars over to the side of the northbound lanes of the interstate. The husband, 38-year-old Leonard Clark, was driving a Dodge Charger and his wife, 39-year-old Kimberly Clark, was operating a Dodge Durango aside the northbound lanes of I-95.

Apparently an approaching tractor-trailer drove too close to the couple and hit both people just after 11pm on a weekday evening. Emergency medical personnel arrived at the scene and provided treatment on site before transporting the victims to Maryland Shock Trauma Center in Baltimore. Unfortunately, the husband’s injuries were too extensive and he dies at the scene.

The wife sustained life-threatening injuries and was transported to the hospital for treatment by doctors. According to reports at the time, Mrs. Clark was listed in critical condition. Authorities were still investigating the accident and it was not known at the time why the couple had stopped and gotten out of the vehicles prior to the crash.


Husband killed, wife injured after I-95 crash in Harford, BaltimoreSun.com, February 26, 2010

February 18, 2010

Baltimore, MD, Semi Truck Driver Killed in Fire following Nighttime Turnpike Crash with Chevrolet Avalanche

Trucking accidents can result in injury to the occupants of passenger cars, as well as pedestrians and bystanders. In addition to drivers of smaller vehicles being hurt in a semi-truck or commercial vehicle accident, fatalities are not uncommon on highways, city streets and rural roads throughout Maryland. As Baltimore tractor-trailer accident lawyers, my staff has helped dozens of people who have become victims of another person’s negligence.

Occasionally, the victim of a trucking crash can be the driver of the over-the-road hauler itself. Fatal and non-life-threatening injury accidents can be the cause of driver error, as well as poorly maintained roadways, or even defective vehicle equipment. Whatever the cause, the costs are high for the victims due to the sometimes extensive medical care, lost wages or unmet financial obligations due to injury.

Not long ago, a Maryland trucker died in a horrendous semi crash and ensuing fire on the New Jersey Turnpike. The victim, 25-year-old Jovon Holmes, tragically burned to death after his truck hit a pickup, then struck a bridge abutment and burst into flames. According to news reports, witnesses at the scene said the fire was so bad that emergency personnel had a very difficult time locating and the identifying the man.

The accident occurred just after 11pm, according to police reports, near Exit 6 of the turnpike. Possibly due to a slick combination of snow and ice, a northbound Chevy Avalanche pickup truck spun out of control and impacted the Jersey barrier. The vehicle came to rest in the northbound lanes, according to police.

The deceased man, who was driving his truck toward the initial accident, reportedly could not stop in time and as a result ran into the disabled Chevy. The larger tanker truck crashed into the Avalanche and pushed it for a short distance; the truck driver then veered off and hit one of the concrete pillars supporting the overpass. As a result, the truck caught fire with the driver trapped inside.

Witnesses reported seeing a massive amount of flames, which engulfed the entire vehicle from front to back. Police indicated that the hapless trucker had no chance to escape the blaze. It was unknown at the time of the report if the truck was hauling gasoline or another flammable load.

The occupants of the Avalanche, a 17-year-old female driver and 16 year-old male passenger, were both transported to the hospital where they were treated for minor injuries and subsequently released, according to police.


Trucker burned to death on TPK, Trentonian.com, February 1, 2010


January 11, 2010

Baltimore Trucking Accident News: Maryland Tow Truck Driver Killed in Fatal Head-on Collision

Seatbelts (or safety belts) do serve a valuable function and those who choose not to avail themselves of their protection run the risk of serious injury or even death in the event of a traffic accident. It’s not surprising that the larger the vehicle the more protected an occupant feels, however even commercial truck drivers place their lives in the hands of fate when they do not wear a seatbelt.

As a Maryland trucking accident lawyer and personal injury attorney, I understand the dangers awaiting motorists around every turn on our interstates, highways and urban streets. Whether you drive a tractor-trailer rig, panel truck, tanker or delivery vehicle, safety should be your primary concern. Trucking-related accidents can be deadly, not just for the drivers and occupants of relatively small passenger vehicles, but also to truck drivers themselves.

Not long ago, a Maryland tow truck driver lost his life in King George County when his wrecker apparently collided head-on with a pickup truck on Route 206 not far from Indiantown Road, also known as Route 610.

The crash occurred around 1:30pm on December 28 when a 1995 International-brand tow truck driven by 34-year-old Ryan O. Robinson crossed the centerline and hit an oncoming Ford F-250 traveling eastbound. Robinson, a resident of Montgomery Village, Maryland, was pronounced dead at the scene. Police reported that he had not been wearing his seatbelt.

According to police, the driver of the Ford pickup, 37-year-old David L. Warring of Fredericksburg, VA, was injured during the collision. Warring was treated at the scene by emergency workers and transported by ambulance to Mary Washington Hospital with non-life-threatening injuries. He was subsequently released from the hospital.

Based on the ongoing police investigation, Warring was reportedly wearing his seatbelt. The cause of the crash was still under investigation at the time of the news report, therefore it is unknown if defective equipment was to blame or if it was solely driver error.


Maryland tow truck driver killed in auto accident, Fredericksburg.com, December 29, 2009

January 4, 2010

UPS Truck Driver Involved in Fatal Baltimore County Crash Charged with Three Violations

Trucking accidents, due to their scale, can result in tragic and many time fatal outcomes. Such was the case in an October United Parcel Service truck crash that killed the driver of a second vehicle and injured a young passenger. As a personal injury lawyer practicing in the Baltimore area, I have helped numerous victims of trucking-related wrecks recover damages caused by another driver’s negligence.

In this case, the operator of the delivery truck has only recently been charged with several traffic offenses. Based on news reports, Baltimore County police charged 28-year-old Kevin Callahan of Owings Mills with negligent driving, failure to stop at a red signal and failure to obey a traffic device.

On October 5, 2009, Callahan was driving north on York Road when his truck broadsided a vehicle at the intersection of York and Corbett roads in Monkton, MD. The collision killed the driver, 48-year-old Tim Wheatley, and injured Wheatley’s 9-year-old daughter who was getting a ride to Sparks Elementary School. The girl was critically injured in the accident and has since been released from the hospital, according to news reports.

Although the accident resulted in a death, law enforcement authorities investigated the accident and determined that there was no intent to harm anyone on Callahan’s part. The UPS driver now has the choice to accept the charges and pay the penalties including points on his license, or he can go to court and fight the citations. There was no mention of whether the deceased man’s family would pursue a wrongful death civil suit against the delivery driver or his employer, UPS.


UPS driver charged in fatal crash in Monkton, ExploreBaltimoreCounty.com, December 21, 2009

December 23, 2009

Maryland Named in Wrongful Death Lawsuit from Fatal 2008 Truck Crash on Chesapeake Bay Bridge

Based on recent news stories the state of Maryland has been named in a $7 million wrongful death suit in regard to a fatal car-truck accident that occurred on the Chesapeake Bay Bridge in August 2008. Dozens of people are killed or injured every year in tractor-trailer accidents across Maryland; some of these victims are actually semi drivers themselves who have been killed or critically injured due to another person's negligence.

As trucking accident attorneys, the legal professionals at Lebowitz & Mzhen, LLC have the knowledge and experience to represent victims and their families in cases not unlike the one reported here. This time, according to news articles, the state of Maryland has been named as one of the defendants in a lawsuit growing out of a deadly traffic accident.

According to reports, a trucker died during the accident in question, which was allegedly caused by a 19-year-old woman who fell asleep while driving across the Bay Bridge. News articles at the time said that Candy Baldwin had been to a wedding earlier and apparently fell asleep while passing across the bridge. This caused a truck driver to swerve his rig to avoid crashing into the young woman’s car.

The family of the deceased truck driver, 57-year-old John Short of Willards, MD, to crash into a concrete barrier on the bridge. However the barrier could not stop the truck from leaving the bridge’s roadway and falling into the water where Short reportedly died.

The lawsuit, which was originally filed last June naming Baldwin as the responsible party, was amended earlier in December to add the state and the Maryland Transportation Authority. The suit cites deficiencies in the maintenance and the inspection of the Chesapeake Bay Bridge as significant factors in the death of Short.

According to news accounts, Baldwin was only charged with traffic violations; police determined the teen's blood alcohol level as 0.03 percent, which is below the legal limit in Maryland, however that measurement was taken hours after the crash, according to the civil suit against the teen. The trucker's family claims the young woman was drunk.

The suit also claims two-way traffic on the bridge at the time of the crash was inherently dangerous and had already led to numerous other fatalities. Since the accident, the state has reportedly spent $3 million inspecting and making repairs to the sidewalls of the bridge.


Md. Named In Fatal Bay Bridge Crash Suit Reporting, WJZ.com, December 12, 2009

Family Names State In Md. Bay Bridge Crash, HometownAnnapolis.com, December 12, 2009

December 15, 2009

Maryland Man Killed by Tractor-trailer Rig in Fatal Pedestrian Accident on Interstate 695

Police recently reported a tragic pedestrian death along I-695 recently when a Parkville, MD, man was attempting to cross the busy interstate on foot. The incident occurred on December 5, when an Exxon tanker truck driving along the Beltway’s Inner Loop near Harford Road came up on a man attempting to cross the roadway just before 11am on that Saturday morning. According to Maryland State Police the pedestrian apparently died at the scene after being struck by the oil company’s big rig.

As Maryland trucking accident and personal injury lawyers, we have the ability to represent the families of victims killed as a result of another person’s negligence. In this case, police who were investigating the accident said that the tractor-trailer rig was hauling an empty tanker trailer at the time.

According to early reports, state troopers could not immediately give a reason as to why the deceased pedestrian was on the Beltway to start with, nor if weather conditions may have been a factor in the fatal accident. Initially the man’s identity was not provided, but following notification of his next of kin he was identified as 57-year-old Joseph Mark Scannell.

The Maryland State Police Crash Team and Commercial Vehicle Enforcement Division were charged with investigating the accident. They determined that the truck driver, Jerry Lyn Brooks, 46, of Ellicott City, was not injured in the incident.

The Inner Loop was shut down briefly around the accident scene with a number of lanes being closed for several hours while the investigation took place. Police also said that alcohol was not a factor in the accident.


Pedestrian killed on I-695, ExploreBaltimoreCounty.com, December 7, 2009

November 21, 2009

Fatal Anne Arundel Country Truck Accident Points to Driver Error

As Maryland truck accident attorneys, over the years my colleagues and I have represented numerous trucking crash victims and their families. Trucking collisions don’t only injure pedestrians and drivers of other cars and SUVs, these kinds of tractor-trailer and delivery truck accidents also cause injury to the truck drivers operating them. A recent article illustrates this one type of truck crash that resulted in the untimely death of a teenage driver and the severe injury of the other passenger of that vehicle.

While the preliminary police report issued at the time of the news article indicated that the single-vehicle accident was a result of driver error combined with less than optimal road conditions, there could also be a chance of defective equipment, such as worn tires or other mechanical failure.

According to news reports, a 19-year-old driver died several days following a single-truck crash on Route 100 in Anne Arundel County. Police reports showed that Dakota Kelly Alder of Pasadena, MD, died from injuries sustained during a crash four days earlier near the Route 100 and Interstate 97 interchange.

The accident report stated that the driver lost control of the vehicle around 2:30 in the afternoon p.m. and lost control of the truck. The initial police investigation stated that the truck was likely traveling at a higher rate of speed than the wet road conditions would have allowed. The young driver apparently lost control of the vehicle which then struck the guard rail and flipped over.

Rescue crews arriving on the scene administered first aid to both the driver and passenger then transported them to local hospitals. According to police, Alder was taken to the Maryland Shock Trauma Center where he was treated but died several days later. The only passenger, 19-year-old Jordan Joshua Swick, also of Pasadena, was taken in critical condition to the Baltimore Washington Medical Center.


19-year-old driver dies days after Arundel crash, BaltimoreSun.com, November 16, 2009