Trucking Accident Lawyer Blog

Two individuals were injured by a semi driver during a highway accident near Hagerstown, MD, along southbound Interstate 81. According to news reports, the passengers of a 1992 Dodge Dynasty were taken to Washington County Hospital on the afternoon of February 13 following a harrowing car-truck wreck in Washington County.

As a Baltimore trucking accident lawyer, I and my colleagues are quite familiar with the factors that lead to tractor-trailer accidents involving sedans, minivan and sport utility vehicles. These types of accidents can frequently result in severe injuries, such as head, neck and back trauma, and can occasionally be fatal. In this instance, the two-vehicle crash on the southbound lanes of I-81 sent two occupants of the smaller passenger car to a nearby hospital, according to Maryland State Police in Hagerstown.

Based on news reports, the crash occurred around 1:30pm on a Saturday afternoon. The driver and passenger in the Dodge were heading south along I-81, just north of Md. 68, when a 2009 Peterbilt tractor-trailer made an unsafe lane change, police reports show. The semi trailer hit the Dynasty’s driver’s side, which then caused the car to spin out of control, strike the median and overturn.

Police reported that the sedan’s occupants -- 57-year-old Judith Ann Athey and 67-year-old Marshall Lee Athey -- were taken to Washington County Hospital to be treated for their injuries. The truck driver, 51-year-old Donald Paul Shallcross, was not injured, according to Maryland troopers. There was no mention at the time of the news article what charges, if any, would be brought against the semi driver.

Two hurt in I-81 crash, Hearld-Mail.com, February 13, 2010

As a Baltimore trucking accident attorney and personal injury lawyer, I know the heartache associated with the physical injuries sustained during a bad traffic accident. Most of the people we represent in the course of our work are drivers and passengers of sedans, minivans and pickup trucks. When these smaller vehicles go up against a larger motor vehicle, such as a Peterbilt, Kenworth or International semi tractor-trailer rig, the passenger car and its occupants usually end up losing.

While most Maryland trucking accidents result in minor to severe injuries, occasionally occupants can suffer fatal injury as a consequence of a trucking wreck. The higher the speed, the more seriously people can be hurt. Multiple vehicle crashes involving semi trucks can raise the injury or death toll at an accident scene.

A recent news article reported a multi-vehicle collision involving a tractor-trailer on Route 113 in Worchester County and Ironshire Station Road near Berlin, MD. The incident occurred just after noon during bad weather and poor visibility, which police say were contributing factors to the afternoon crash.

According to reports, a Honda passenger car and a following van both were slowing down because of the poor weather conditions when a semi struck the two vehicles from behind. The tractor-trailer then jack knifed, blocking the southbound portion of the roadway.

A passenger vehicle following the truck slowed down for the first accident and was rear-ended by a other motor vehicle. That impact pushed the vehicle into a third one, causing some minor injuries.

The chain-reaction continued as a second tractor-trailer rig slowed to a stop to avoid the second crash site, which resulted in a sport utility vehicle (SUV) crashing into the second semi. The SUV was subsequently hit from behind by a pickup truck. Several drivers in all were taken to the hospital with serious but non-life-threatening injuries. The drivers of the two semi trucks were not injured.

The three related accidents, which resulted in a total of nine damaged vehicles, caused Route 113 to be closed for nearly two hours while emergency crews cleared the wreckage.

Multi-Vehicle Crash in Worcester County, WBOC.com, February 11, 2010

Recent snow storms and bad winter weather throughout the Maryland and D.C. area have resulted in numerous automobile accidents and trucking crashes. Poor road conditions are just one cause traffic accidents that can hurt or kill drivers and occupants of motor vehicles. Especially dangerous are wrecks involving semi trucks, or tractor-trailer rigs, and those smaller passenger cars, pickup trucks, SUVs and minivans.

Located here in Baltimore, my firm represents many victims of car and truck accidents. As trucking accident lawyers, we understand how tractor-trailer wrecks can cause great bodily harm to drivers and passengers of smaller vehicles. The more severe injuries, such as head trauma and spinal damage, can result in long hospital stays and costly recovery. Some injuries can leave individuals permanently disabled.

A recent beltway crash involving a semi tractor-trailer injured a Maryland highway worker as he assisted snow removal crews. According to new reports, the SHA worker was injured on February 11 along a stretch of the Baltimore Beltway when a semi rig hit his truck.

The worker, 36-year-old James Flutka, reportedly suffered non-life-threatening injuries in the accident, which happened at about 2pm on the Outer Loop of the Beltway between Route 40 and Edmondson Avenue. Flutka’s highway signal truck was hit by a tractor-trailer driven by Robert Scolaro, 48, who was hauling a load of diapers.

Police indicated that Flutka was slowly driving a his vehicle with an arrow board that signaled to drivers to move away from the slow lanes, where snow removal operations were under way. Flutka was treated by emergency responders and then transported to Shock Trauma.

The truck driver apparently was not injured in the accident, but was charged by police with a traffic violation for failing to control speed to avoid a collision. No other vehicles were involved.

Beltway Crash Injures Snow Removal Worker, WBALTV.com, February 11, 2010

Every year dozens of Maryland residents are hurt in traffic accidents. Many of these collisions are caused by driver error and can involve heavy trucks, such as semi tractor-trailers, delivery vehicles, commercial trucks and other large motor vehicles. Unfortunately, when a truck goes out of control on a public road, smaller passenger cars can be hit as well.

Occupants of passenger cars, sport utility vehicle (SUVs) and pickup trucks can be at a high risk of bodily injury during such wrecks. As a Baltimore auto accident lawyer, I and my colleagues have experience in helping victims of car and truck crashes as well as other personal injury accidents. When a semi truck is involved, injuries can be quite severe and fatalities are sometimes encountered.

Recently, news reports documented a tractor-trailer accident that left a state police detective badly injured following a head-on collision on Hobbs Road near Route 50. According to police, Joshua Burton Webb Jr. of Whaleyville was driving his Perdue tractor-trailer north on Hobbs Road around 8am when his vehicle crossed the double yellow line and crashed head-on into an oncoming state police Ford Crown Victoria.

This particular accident happened less than a week after another state trooper was injured in a crash with a passenger car driven by a 75-year-old woman from Hurlock, MD. The officer in that instance was transported to a shock trauma unit in Baltimore following the collision.

In this latest crash, Detective Sgt. David Dalfonso, an assistant commander at the Maryland State Police Princess Anne Barrack, was transported to Peninsula Regional Medical Center. Fortunately for the officer, he was wearing his seatbelt and his injuries were not life threatening.

According to reports, Delfonso was treated for seat belt and air bag injuries but was released the very same day. Police reportedly issued Webb citations for failure to drive right of center and negligent driving.

State police detective recovering after crash, Delmarvanow.com, January 26, 2010

Winter driving presents its own particular danger to the driving public. Slippery conditions can lead to single-car or multi-vehicle accidents, while poor visibility can result in serious injury accidents as well. As a Baltimore personal injury attorney and Maryland motorist myself, I know the potential for property damage and physical harm that cold-weather driving can cause. Large trucks, such as semi tractor-trailer rigs, delivery trucks and heating oil tanker trucks can also pose addition danger on the road.

Earlier this month, a woman was injured in a trucking-related accident when her car was hit by a Garrett County snow plow operated by the county’s roads department. According to reports, Deanna Louise Schroyer, a 46-year-old Friendsville resident, was driving her GMC Sierra pickup truck along Bear Creek Road just before 10am when she apparently drifted into the oncoming lane just as the plow was approaching.

According to Maryland State Police, the Northern Garrett Rescue Squad and the Accident Volunteer Fire Department responded to the accident after being alerted by the Garrett County 911 center. Once on the scene they treated both drivers.

Schroyer was transported to Western Maryland Regional Medical Center in Cumberland following the crash with unknown injuries. The driver of the plow, 50-year-old Ricky Nugent of Grantsville, MD, was unhurt in the accident. He was reportedly driving a county-owned 2000 Sterling dump truck fitted with a snow plow for clearing roads in the area.

News reports indicate that the state police issued a citation to Schroyer charging her with failure to drive right of center.

Woman injured in snowplow crash, Times-News.com, January 7, 2010

Trucking accidents, especially on the interstate, can be horrendous events. Occupants of passenger cars, SUVs and light pickup trucks can be severely injured if their vehicle is hit by a semi truck, such as a Peterbuilt, Kenworth or International long-haul commercial truck. As a Maryland injury law firm, my staff has helped numerous individuals who have been hurt in traffic accidents involving large, big-rig tractor-trailers.

This is not to say that truck drivers themselves do not become injured as well. With a dozen or more tons of cargo on the trailer behind the truck cab, an over-the-road trucker can easily be hurt or killed in a high-speed crash or even medium-speed trucking accidents. A news article highlighted what can happen when two trucks collide on the expressway.

According to news reports, there was a double tractor-trailer crash just north of the Maryland border in mid-December that injured the drivers of both rigs. The accident, which occurred around 2am on I-78 in Delaware County, PA, apparently tied up traffic for hours.

Based on police reports, a truck driven by Baltimore resident Joe Craig was parked along the shoulder of the interstate. Craig had reportedly stopped to look at a map when another semi truck apparently lost control and clipped the front of the Maryland man’s trator-trailer. The out-of-control rig then careened down a 30-foot embankment. In the process, the truck tore off about 200 feet of safety guard rail on the roadside before rolling down the hill. It was unknown if the cause was due to defective vehicle equipment.

Before emergency crews arrived, Craig helped the other driver to safety. He reportedly said that he thought the man had died in the accident, which threw debris all around the crash site. Fortunately, neither of the drivers was seriously injured, although the driver who lost control was taken to a local hospital with reportedly non-life threatening injuries.

Double Tractor Trailer Accident Along Interstate 78 Injures One, Closes Right Lane, Fox43.com, December 15, 2009

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

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

If there is one truth about traffic accidents, it is that anybody can become a victim within moments. Trucking-related crashes involving big rigs, delivery vehicles and other commercial vehicles are common occurrences all across the state of Maryland, Washington, D.C., and elsewhere. Recently, musical artist, hip-hop performer and rapper, Beanie Sigel, was hurt when the car in which he was riding was side-swiped by a tractor-trailer rig.

As Baltimore, MD, injury lawyers and trucking accident attorneys, our job is to help victims of trucking collisions – as well as their families -- recover damages from accidents caused by another person’s negligence. This can include semi drivers, repair and maintenance facilities, truck manufacturers and even component and parts makers, if the cause is found to be defective or poorly designed equipment.

According to news reports, shortly after leaving a Baltimore recording studio the vehicle that Sigel was riding in was apparently forced off the road during the crash. The entertainer sustained a number of injuries to his arms, legs and face, however police reports indicate that Sigel declined medical treatment and eventually made it to a performance venue in Norfolk, VA on Sunday, December 20.

In Sigel’s case, he can count himself lucky. Many truck-car wrecks result in much more severe injuries including broken bones, lacerations, neck or spine trauma, and even traumatic brain injuries sometimes leading to death or permanent disability. Bumps and bruises are the least of the injuries that such an encounter can cause.

At the time of the reports, it was not known if anyone else in the vehicle was hurt during the collision. The accident investigation was ongoing at the time, but no additional details were available.

Beanie Sigel Injured In Car Accident, RTTNews.com, December 21, 2009

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

Tragedy struck earlier this month when the business editor of the Baltimore Sun newspaper was killed in a trucking accident involving a United Parcel Service delivery truck. The wreck also injured the man’s nine-year-old daughter. Although the accident investigation was not yet completed, it appears that the truck driver may have run a red light. As Maryland trucking accident attorneys, our firm represents victims and their families in cases involving driver negligence and fatal or near-fatal injury accidents caused by drivers of semis and other heavy trucks.

The collision that took the life of Timothy Wheatley in the morning hours of October 1 at the intersection of Corbett and York Road in Monkton also resulted in critical injuries to his young daughter, Sarah. The two were riding in Wheatley’s 1999 Honda Civic when it was broadsided by the UPS delivery vehicle.

Police reports show that the Wheatley was dead at the scene, while his daughter survived and was taken to Sinai Hospital and then Johns Hopkins Children Center. The forth-grader from Sparks Elementary School was still listed as critical several days later.

Police received and accident call just before 9am. According to witnesses, the Civic was pulling out of Corbett Road to go southbound on York Road when it was hit by the truck. Deborah Curtis of Glen Rock, Pennsylvania, was two cars behind the UPS truck as it drove northbound on York Road. Curtis told police that she believed the traffic light was red for York Road traffic. According to reports, Curtis had begun to slow down as she approached the light, looked over at her son, and when she looked up again, the UPS truck had already hit the car.

After smashing into the Wheatley’s vehicle, the UPS truck then plowed through two rows of painted wooden fences and came to rest in the field of Marathon Farm, a horse farm owned by Peter Angelos. Police identified the UPS driver as Kevin Callahan, 28, of the unit block of Wellhaven Circle, in Owings Mills. He was not injured in the accident, Toohey said.

Crash claims life of Monkton man, injures 9-year-old daughter, ExploreBaltimoreCounty.com, October 1, 2009

To the average motorist, there may be nothing quite as frightening as a highway accident involving a tractor-trailer rig. Passenger cars and light trucks are no match for these huge vehicles when things go wrong and a crash is imminent. These days it is not uncommon to be surrounded on the expressway by maybe a half-dozen heavy trucks. As Maryland trucking accident attorneys, we at Lebowitz-Mhzen, LLC have represented individuals injured as a result of a truck driver’s errors. Our hardest task is seeing the heartache of families who have lost a loved one through another person’s negligence.

Recently, a two-truck accident closed a section of Maryland’s Route 50 just before the Labor Day weekend. Fortunately, no one was seriously injured during the tangle between these two tractor-trailers, however, it is only shear luck that the accident occurred in the early morning hours, which meant the roadway was not clogged with holiday travelers.

Had this been during the daylight hours, more than one passenger car would likely have been caught up in the crash. From the perspective of the attorneys here, any truck driver responsible for a serious collision on a public road will more than likely seriously injure or even kill an innocent motorist stuck by that driver’s tractor or semi-trailer. A tractor-trailer's size and weight amplifies the injuries and damage resulting from a traffic accident -- and the higher the speeds, such as on highways, the greater the chance for fatalities.

As professional driver, tractor-trailer operators are required to observe and obey specific federal and state safety laws, including those laws and regulations that are specified by the Federal Motor Carrier Safety Regulations. Often, driver fatigue can cause a truck driver to crash his vehicle, as was likely the case in this latest crash on Route 50 just south of Wye Mills and Route 404. Another frequent cause of truck accidents is defective equipment, such as faulty or poorly-maintained brakes.

According to police reports, the incident occurred around 2am on Friday morning, but resulted in no injuries. As I mentioned earlier, it was just lucky that this accident happened during a lull in the traffic. Had this happened during rush hour or at peak holiday travel volume, then the story would be quite different I assure you.

Regardless, if you or a loved one is hurt as a result of a tractor-trailer accident, through the negligence of a truck driver who is inattentive or operating his rig while drowsy or under the influence of alcohol, prescription drugs or other substance, you should contact an experienced legal professional to learn about your options.

Continue reading "Trucking Accident News: Two Tractor-trailers Crash on Route 50 in Talbot County, Maryland" »

Maryland truck accident litigators recently read about a truck accident on Davis Drive in Apex, North Carolina that could be repeated on some of Maryland’s smaller roads.

Earlier this week, a dump truck driving down a narrow two lane road that lacked a shoulder, overturned and landed on top of a Honda Civic. The driver of the Civic, Kara Walden Benton, was seriously injured and was flown from the scene to an area hospital. The passenger, Mrs. Benton’s husband, 26 year-old Chad Benton, was less seriously injured.

The driver of the dump truck told investigators that another driver forced the dump truck off the road and onto the grass. According the dump truck driver, his truck overturned when he attempted to get back onto the solid roadway. Other drivers and area residents believe that the lack of a shoulder on Davis Drive poses a safety concern and was the likely cause of this accident. The two lane road is lined by grassy ditches on both sides and if a vehicle’s wheel leaves the roadway, the driver may lose tire traction and be unable to control the automobile. According to residents in the area, this is not the first time the narrow nature of the road has caused accidents. Wake County officials, however, have no plans to widen the road to provide a better shoulder.

Maryland, particularly in rural areas, has a number of narrow roads similar to Davis Drive. Drivers, particularly those in large trucks, have little or no room for error while traveling on these narrow roads and could easily cause similar accidents. Maryland truck accident attorneys suggest that our readers pay close attention when driving near large vehicles on narrow roads particularly in poor weather conditions. A truck whose tire leaves a solid roadway and hit softer earth is susceptible to losing control, and due to its high center of gravity, may overturn, putting drivers near it at risk for serious injury.

External Links

WTVD ABC 11 News Story

Continue reading "In Maryland: Narrow Roads May Put Drivers at Increased Risk for Truck Accidents" »

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.

External Links

Article from MSNBC

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.

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.

Continue reading "Anne Arundel County woman tragically killed in accident with truck" »

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.

The truck accident attorneys at Lebowitz & Mzhen, LLC are pleased to report that the number of auto fatalities has fallen over the past few years. Recently, the Wall Street Journal reported that deaths from traffic accidents fell in 2008 and have steadily fallen over the past three years. The National Highway Traffic Safety Administration (“NTSA”) calculated that the number of auto fatalities were down 10% in the first ten months of 2008.

According to the Wall Street Journal, although experts in the field do not know what has caused this steady decline, they point to four factors that may have contributed to the recent decline:
• The economic downturn; researchers at the Governors Highway Safety Association (“GHSA”) noted that due to the economic downturn and increased fuel prices, many drivers have slowed their speeds to increase their vehicle’s fuel economy. A study by another government agency concluded that automobiles get their best gas mileage between the speeds of 30 and 60 miles per hour. For example, a 2005 Ford Focus traveling at a steady 40 miles per hour could get as much as 45 miles per gallon.
• Cars with greater safety features; recently, automakers have begun surpassing government automotive safety standards. For example, federal law will require all cars to have electronic stability control by 2012. However, most new cars currently come equipped with electronic stability control systems and rollover prevention mechanisms in addition to side curtain airbags and other safety features. Also, the number of vehicles that performed poorly in crash tests has decreased over recent years. In 2008, 11 of the 21 small cars tested by the Insurance Institute Highway Safety (“IIHS”) received good ratings in side impact testing, compared with only 3 of the 19 tested in 2006.
• Changing attitudes toward drunk driving; the number of drunk driving deaths have also decreased as many state governments have launched programs to make drunk driving socially unacceptable in addition to being serious crimes.
• Seat belts; The NHTSA found that 83% of drivers and passengers used their seatbelts in 2008, the highest rate in history. National “Click it or Ticket” programs seem to have helped reduce the number of unrestrained drivers and therefore increased accident survivability.

Continue reading "Deaths from Automobile Accidents Fell Sharply in 2008" »

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, LLC believe that this limitation harms those most seriously injured in Maryland truck accidents.