Trucking Accident Lawyer Blog

When it comes to traffic accidents, a passenger car and its occupants are no match for a semi tractor-trailer that crashes into it. But even the driver or passenger of an 18-wheeler may be at risk on the highway when another commercial truck, such as a Kenworth, Peterbilt or Freightliner, gets into trouble on the road.

As a Maryland trucking accident attorney and personal injury lawyer, I know from professional experience the types of property damage and bodily injuries that can result from big rigs crashes. And the danger is posed not only by the truck itself but the trailer and its typically heavy load. When a semi trailer losses its load on the highway, a serious accident can be just split seconds away.

An example of what can happen when a commercial over-the-road hauler dumps its load onto the roadway occurred not long ago along a stretch of Interstate 70 near Maryland’s Rte 66. According to news accounts, the wife of an out-of-state truck driver riding in her husband’s rig was seriously hurt when steel beams from another truck smashed into the couple’s tractor-trailer on a Wednesday morning. It's amazing that someone wasn't killed as a result of the aaccident.

The woman, 45-year-old Evonne J. Whalen, was reportedly riding in the passenger seat of her husband’s Freightliner when a couple structural beams fell into the eastbound lanes of the interstate. Those two huge pieces of steel weighing thousands of pounds apparently crashed into the passenger side of Whalen’s Freightliner, seriously injuring the woman’s legs and effectively pinning her inside the cab.

Emergency responders arriving on the scene required almost 45 minutes to extricate the woman from the damaged vehicle. According to Maryland State Police, the operator of the boom truck was attempting to lift the support beams from the trailer bed when he somehow lost control of the load causing the large pieces of steel to spin into the travel lanes of the interstate. There was no mention of where the boom mechanism or some other equipment was defective or failed to operate correctly.

Continue reading "Maryland Trucking Accident News: Big Rig Passenger Injured by Another 18-Wheeler’s Lost Load on I-70" »

Highway traffic accidents involving semi-tractor trailers and other large commercial trucks happen hundreds of times a year. Some of those crashes result in injuries to one or more people. Still others can cause death or permanent injury to occupants in smaller, less massive motor vehicles such as minivan, sedans, economy cars and motorcycles.

Statistics also indicate that larger vehicles, such as tractor-trailer rigs, are more likely to be involved in serious multiple-vehicle collisions than passenger cars. This data also tells us that injuries resulting from truck accidents can be much more serious and many times fatal. Common injuries include spinal cord damage, severe brain trauma, broken bones and other serious and permanent bodily harm.

As Maryland trucking accident attorneys, I and my staff know that any multi-vehicle accident can be fatal, with some causing mostly minor, yet significant injuries. Although people can physically recover from such minor wrecks, even those associated medical costs can become a burden to a family already strapped for cash.

A recent accident along Maryland’s Interstate 95 near Route 32 was one of the luckier types of 18-wheeler wrecks as it resulted in few serious injuries. However, it did show that there is always potential for disaster any time, any where.

According to news reports, the southbound portion of I-95 near Columbia, MD, was the site of a flipped 18-wheel trash hauler. Vehicles of this size can weight as much as 50,000 to 80,000 pounds depending on the type of cargo being carried. In this case, the truck was traveling along the entrance ramp to I-95 South around half past seven in the morning. As the driver of the rig negotiated the ramp connecting Route 32 to I-95, the vehicle suddenly overturned for some reason. Debris was scattered across all lanes and southbound traffic had to be stopped.

There were no serious injuries, although the truck driver likely required some attention. Because the it was an open trailer, debris was scattered all across the southbound lanes of I-95.

I-95 Southbound In Maryland Reopened After Tractor Trailer Carrying Trash Overturns, WUSA9.com, June 29, 2010

Large motor vehicles such as semi tractor-trailers, dump trucks and tankers can inflict serious personal injury and property damage when operated irresponsibly. As a Maryland trucking accident attorney, I understand the shear power of these vehicles and the potential for injury or death during a traffic accident.

While most drivers of commercial vehicles use caution when operating these large and massive machines, any mistake can be an opportunity for disaster. Smaller vehicles, such as passenger cars, minivans and motorcycles are at greatest risk when a big rig 18-wheeler goes out of control on a highway or city street. The results of a collision with a heavy truck can range from broken bones and lacerations to full-on paralysis and even death.

Not long ago a man who was driving a moving van was taken into custody by Prince George’s County police following a chase that resulted in a number of traffic accidents along the way. The majority of the incident took place along the Baltimore-Washington Parkway on a Monday afternoon.

According to news articles, around 2pm Monday a caller to the Prince George’s County police department reported a fight between two All My Sons moving company employees in a New Carrolton neighborhood. Police indicated that local residents said the movers were arguing about the manner in which they would move a heavy piece of furniture out of a home.

After one of the men attached the other, the suspect reportedly ran from the house and fled in the moving truck. Prince George's County Police initiated a pursuit after the driver attempted to run a Cheverly, MD, patrolman off the road. The truck hit multiple vehicles during the pursuit, running one passenger car off the road and into nearby woods. The victim of that impact was taken to a local hospital and was listed in fair condition with non-life threatening injuries.

The chase apparently ended when the driver crashed the moving van just south of Powder Mill Road. Officers on the scene took the man into custody at the intersection of Dorsey Run Road and Waterloo Road in Howard County. The entire event caused the Baltimore-Washington Parkway to be shut down for several hours as U.S. Park Police and an accident reconstruction unit investigated the aftermath.

Mover Causes Multi-Accident Police Pursuit in Moving Truck on Baltimore-Washington Parkway, MyFoxDC.com, June 1, 2010

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" »

As a vehicle driver or passenger car occupant hurt or injured as a result of a truck driver’s negligence, you have the right to present the police-issued traffic citation as evidence in a personal injury or wrongful death suit against a big rig operator or trucking company. Being involved in a crash with an 18-wheeler can have serious medical implications and can cause life-changing results to a victim and his or her family.

As Maryland trucking accident lawyers, we know from first-hand experience how a multi-vehicle accident involving semi tractor-trailers can affect individuals months and even years following a crash. Whether someone is involved in a collision with a delivery truck, tanker trailer rig and over-the-road commercial hauler, the results can be financially crushing and medically devastating to say the least.

Injuries from such accidents can range from typically serious injuries, such as head and neck trauma, to lesser bodily harm like cuts, bruises and contusions. The smaller the victim’s vehicle the more chance there is for serious injury or death.

When it comes to bringing a suit, the injured party can use the truck driver’s traffic citation as part of his or her evidence that the truck driver was considered by the police to be negligent. As any person who has received a speeding ticket in this state knows, our traffic laws govern all Maryland drivers. What is important to understand, however, is that truck drivers are also governed by other federal as well as state regulations. If a commercial truck driver violates any of these laws and causes a car accident, the injured party may use that violation as evidence of the truck driver’s negligence.

Since heavy trucks including Mack, Volvo, Freightliners to name a few are used to maintain the commerce of our state and country, the number of these large trucks found on public roads will always be significant, especially during the work week. Busy metropolitan areas see a significant number of truck traffic, both expressway and surface street truck volume, and especially in areas populated by industrial parks and manufacturing centers.

Drivers of small family vehicles, such as minivans and passenger cars, must continually deal with the presence of these larger vehicles on a daily basis. In fact, a fully-loaded semi can weight as much a 80,000 pounds -- close to 20 times the weight of an average car or SUV. In a crash, a fully-loaded semi can literally crush the smaller vehicle with little effort.

Continue reading "Maryland Accident Update: Injured Parties can Use Trucker’s Traffic Citation as Evidence in Injury Suits" »

In Maryland highway collisions as well as automobile accidents on Annapolis, D.C., Columbia and other cities’ streets, occupants of a passenger car can be severely injured when hit by a large commercial delivery truck or over-the-road tractor-trailer rig. But even these large trucking company vehicles can be damaged and the drivers hurt, if not killed, if they are hit by a train.

Depending on the circumstances commuter train riders and railroad employees can also be hurt if the engine hits a large truck sitting on a railroad crossing. Personal injury attorneys in Baltimore and elsewhere can receive numerous inquiries following severe train-truck wrecks. The speed of the train and the size of the commercial vehicle usually determine how many passengers might sustain serious injuries as a result.

A few weeks ago, a truck driver operating a Volvo-powered 18-wheel rig crossed paths with a light rail passenger train. According to news reports at the time, investigators were checking into the collision in Cockeysville, MD, and were expected to lodge charges against the truck driver.

The driver, 53-year-old Mark Szurek of the John W. Ritter Trucking company, was transporting a Wabash trailer filled with plastic bottles when the crash occurred around 9:20am. Police stated that the driver appeared to have ignored the railroad crossing warning light and was crossing the tracks when the southbound train hit the truck.

The impact split the trailer in two, a part of which collided with a 2009 Honda Civic that was behind the semi at the time. The driver of the car, 45-year-old Elliott Schoen from Montgomery County refused medical treatment.

According to a Baltimore County police, the operator of the Maryland Transit Administration train was trapped for about 25 minutes before being rescued and then transported to Maryland Shock Trauma Center were she was in serious but stable condition at the time of the report.

Based on news reports, seven passengers were on the train at the time of the crash. Two were taken to local hospitals to be treated for minor injuries while the remaining five were reportedly unhurt.

Truck driver in light rail crash expected to face charges, BaltimoreSun.com, March 25, 2010

Charges pending against truck driver in rail crash, FrederickNewspost.com, March 24, 2010

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

After a rough winter such as Maryland and the East Coast has recently experienced it is easy to say that weather is unpredictable and that drivers can be caught off guard with little recourse to prevent an accident. While trucking accidents can and do happen every week on the highways and surface streets in and near cities such as Annapolis, Frederick, Rockville and D.C. the weather is just one factor.

As Maryland trucking accident attorneys, my office understands how severe a tractor-trailer, delivery truck or commercial carrier accident can be. Many times, persons injured as a result of a truck driver’s negligence must pursue legal means to recover damages, such as medical costs, lost wages and other accident-related expenses. Of course, fatal auto accidents are the worst-case scenario for a truck-related wreck, which unfortunately no amount of compensation can make up for the tragic loss of life.

A recent editorial in the Baltimore Sun brought up the point that truck drivers should be held responsible for situations involving tractor-trailer jack-knifing. While there are many who would argue that weather conditions themselves make a jack-knife accident less avoidable, it is not unreasonable to expect that all drivers are responsible for operating their vehicles within its physical limits based on weather and road surface conditions, such as snow and ice.

The author of this editorial piece suggests that tractor-trailer drivers who cannot control their rigs on Maryland highways should be labeled as “Public Enemy No. 1.” This came out of the suggestion that some truckers are not competent to operate commercial trucks in winter weather conditions.

As the author suggests, if a truck driver is capable and responsible he or she should be able drive their rig at a speed appropriate for conditions and avoid a jack-knifing accident.

As motorists, we all must trust the abilities of these big-rig operators. But many of us have also seen the carnage created by those all-to-frequent trucking accidents in which a smaller passenger car gets hit or forced of the road by a larger and more threatening 18-wheeler.

There is no doubt that some accidents occur as a result of another person’s negligence, in which case the police investigation is crucial in determining cause and fault. Regardless of how the accident happens, if the truck driver is at fault the victim and his or her family deserve to be compensated for injuries and other losses from that crash -- all the more reason to consult a trucking accident attorney to understand your options.

Truckers have choice words about jackknife cause, BaltimoreSun.com, February 15, 2010

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

A trucking-related wreck can be a frightening event, especially for the occupants of smaller vehicles caught up in the crash. A semi tractor-trailer hauling heavy cargo can do significant damage to smaller and lighter passenger vehicles. Even sport utility vehicles and pickup trucks are no match against a fully-loaded big rig.

As a Maryland injury lawyer and trucking accident attorney, I know that the size of these vehicles and the cargo they carry can cause serious harm to the drivers and passengers of multiple vehicles. One of the most dangerous types of truck-related crashes involve tankers carrying flammable liquids such as heating oil, diesel fuel, kerosene or gasoline.

A tanker crash can release thousands of gallons of combustible liquids, which can engulf and burn out of control for hours. Any motorist caught up in a tanker truck crash must have luck on his side to make it through. This kind of traffic accident occurred not long ago on Montross Road above Interstate 270 in Montgomery County, MD.

According to news articles, a fuel tanker carrying 8,900 gallons of gasoline overturned shortly before 5am near I-270 ramp in Rockville setting off a fire that blocked several key arteries in the area just before the morning rush hour. Based on reports, the tanker driver was charged with negligent driving in the accident.

Michael A. Gongola, 45, of Frederick, MD, reportedly said that his rig began to drift to the left side of the highway “for unknown reasons," according to the Montgomery County police. Police say that Gongola tried to correct the drifting condition, which then caused the tanker to overturn on Montrose Road, spilling its contents onto the roadway and then catching fire.

Debris from the truck struck a second vehicle, but fortunately the occupant of the car and the truck driver were not injured. However, had this accident happened at the peak of the rush hour, there could have been some serious injuries and potentially a fatality from the ensuing truck fire.

Overturned fuel tanker fire closes Montrose Road, WashingtonPost.com, January 15, 2010

Repairs underway on stretch of Montrose Road damaged in fire, WashingtonPost.com, January 14, 2010

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

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

As personal injury and trucking accident attorneys, we at Lebowitz & Mzhen, LLC know how over-matched a passenger vehicle is when it comes up against a semi tractor-trailer. Over-the-road rigs weigh many times more than even the largest SUV or pickup truck, much less a small family sedan or compact sport utility vehicle. Like it or not, truck drivers hold the lives of the driving public in their hands when operating these heavy-duty vehicles on public roads. A recent trucking-related crash on the Pulaski Expressway near White Marsh, MD, proves this point.

According to news reports, Linda and Charles Buckland of Edgewood, Maryland, were traveling westbound on the Pulaski Expressway around 1:45am on the morning of Sunday, October 11, when their vehicle collided with a Kenworth tractor that was entering the highway from nearby Stevens Road.

Reportedly, the Buckland’s 2003 Chevrolet Tracker, a compact SUV, was severely damaged in the accident, which fatally injured the driver, 57-year-old Mrs. Buckland. Mr. Buckland, 62, who was riding in the passenger seat, was seriously injured in the early morning wreck, according to police.

Emergency medical services (EMS) transported both husband and wife to the Maryland Shock Trauma Center where Linda Buckland was treated by doctors and hospital staff. Charles Buckland was listed as critical condition, however his wife was declared dead by medical personnel later that morning.

The truck driver, Irvin Jones of Dublin, Virginia, was apparently uninjured in the fatal accident. According to reports, Maryland police have pressed charges against Jones for multiple violations in connection with the wreck.

In an accident of this type, with the disparity in size between the individual vehicles, the outcome is not surprising. If you or someone you love has been injured as a result of another driver’s negligence, you should by all means consult with an experienced personal injury lawyer to learn about your options. Medical expenses, lost wages and other financial costs to you or your family may be at stake.

One killed in truck-SUV crash in White Marsh, BaltimoreSun.com, October 12, 2009

A recent semi-truck accident near Baltimore, MD, resulted in a dangerous car fire that could have killed three members of a family whose compact car was hit by the truck on a Saturday afternoon. My firm, Lebowitz & Mzhen, LLC, represents victims of heavy truck crashes not unlike the one that occurred on Interstate 95 in late September. Trucking accidents involving small cars can result in serious injuries and occasionally death. Fortunately, it looks like all three occupants of the small car were rescued and survived the ordeal.

According to new accounts, fire rescue workers from Baltimore City’s fire department rushed to the scene of a truck-car crash on the southbound side of I-95 near I-396 North in the early afternoon of September 26. First responders found a small car enveloped in flames having been struck by a tractor trailer.

After suppressing much of the flames, fire department personnel worked to free three trapped family members from the wrecked and smoldering vehicle. Names were not released at the time of the incident, however police reports show that one adult male, an adult pregnant woman and male child were all caught inside the burning vehicle.

The child who was found trapped in the rear of the car apparently suffered serious second and third degree burns to his torso, neck and face along with other injuries. Rescuers determined that the boy still had had vital life signs. He was rapidly extricated from the car, treated with advanced trauma life support procedures and quickly transported to Johns Hopkins Children's Center for further assessments and treatment.

According to the report, the driver of the tractor trailer reportedly suffered minor injuries and was transported to an area hospital. Police officers from the Maryland Transportation Authority could not immediately determine what caused the accident. An investigation was ongoing at the time of the report.

Family Rescued After Crash with Tractor Trailer, ABC2News.com, September 26, 2009

As Maryland trucking accident lawyers, we understand the seriousness of any highway traffic accident involving semi-tractor trailers. Every year, hundreds and even thousands of heavy trucks are involved in multi-vehicle accidents, usually resulting in serious injuries to the smaller cars caught up in the collision; some wrecks are fatal to the occupants of these passenger cars. This is an unfortunate fact when it comes to these big rigs.

What’s worse is that statistics show that large trucks are more likely to be involved in serious multiple-vehicle collisions than sedans, coupes or other smaller passenger cars. These statistics also indicate that time and time again injuries resulting from truck accidents can be much more serious and many times fatal. Common injuries include spinal cord damage, severe brain trauma, broken bones and other serious and permanent bodily harm.

Because heavy trucks such as Macks, Kenworths, Peterbuilts, Freightliners and other makes are important to the commerce of this country, the volume and frequency of these large vehicles on public roads will always be significant, especially during weekdays. Busy metropolitan areas get their fair share of truck traffic, both on expressways and surface streets near industrial parks.

As drivers of smaller, family vehicles and passenger cars, we must all deal with the presence of these larger more massive trucks on a daily basis. When fully loaded, a semi-tractor and trailer can weight up to 80,000 pounds -- this is roughly equivalent to more than 20 times the average weight of a typical passenger car, minivan, SUV or pickup truck. In a crash, a fully-loaded semi can literally crush another smaller car as well as its occupants.

From research performed over the years, we know that many trucking accidents could have been avoided. Although most trucking companies are responsible enough to ensure that their trucks and drivers are safe, some are not. Cargo overloading is more common than one would expect and can cause operational problems for the driver of these big rigs. In an accident situation, and overloaded truck takes longer to stop and can more easily lose control, depending on the road conditions.

Truck drivers themselves will occasionally take risks on the road, even though such actions could jeopardize the safety of other motorists. While most truck drivers observe truck and traffic safety laws, some do not. Instances of exceeding the legal on-road driving time -- for example to meet a deadline -- are common in the newspaper headlines where a tragic accident resulted from the truck driver falling asleep at the wheel. Others may drive too fast or making unsafe passing maneuvers and turns. In a small number of cases, trucking accidents have been drunk driving accidents.

If you or someone you love have been injured in a trucking-related traffic accident, Lebowitz & Mzhen, LLC advise you to contact a qualified legal profession to discuss your situation and determine if you have grounds for a lawsuit to recover medical costs, lost wages or other compensation for your pain and suffering.

Shannon Brown is a very lucky woman. Not because she recently received just over $1 million in a trucking accident lawsuit, but mainly because she is alive to talk about it. As a Maryland trucking accident and personal injury attorney, I have represented people like Shannon who have been injured in heavy truck and tractor-trailer crashes as a result of another person’s negligence. These types of truck-car collisions happen quite frequently in the Baltimore area and in other cities and towns across the state. Many times the outcome is quite tragic.

Trucking accidents can result at the very least in cuts and bruises. At worst passenger vehicle occupants can many times suffer compound fractures, concussions and traumatic brain injuries, and spinal damage. Fatalities are common. Occupants of passenger cars are at much higher risk of injury or death when it comes to being hit by a large over-the-road truck than by another car. Such was the case back in 2006 when Shannon and her little baby boy became victims of another driver’s carelessness.

The accident occurred on July 13, 2006, when a tanker truck ran a red light and hit Brown’s car. Although she survived the crash, the impact was so severe that her right leg was crushed. Fortunately, her tiny baby who was riding in the car was not even injured in the accident. Brown had two undergo two surgeries for her fractured leg, with doctors placing 18 screws and a plate in the leg to restore it to a usable state.

According to reports, the plaintiffs and defendants had disagreed over who was at fault in causing the collision. In the end, the jury decided that an 11-year-old witness was the most credible. That individual testified that Brown was the one with the green light, not the driver of the tanker truck. The jury also found the truck driver liable for causing the traffic crash.

The Baltimore jury awarded Brown $1,063,807.37 on August 11, 2009, of which $1 million was for Brown’s pain and suffering. However, under the Maryland’s damages cap rules, Brown’s non-economic damage award will be reduced to just under $729,000.

The state’s damages cap places a limit on the amount of compensation a jury may award for non-economic damages like pain and suffering in a Maryland personal injury lawsuit. At the time of Brown’s accident, the Maryland statute capped a plaintiff’s non-economic damages at $665,000.

Traffic violations, such as running a red light, not stopping at a red light, failing to signal, and failing to obey the speed limit, can lead to catastrophic consequences if the driver’s truck ends up hitting another, usually smaller vehicle.

It is important to note that just two weeks before going to trial, Eastern Petroleum, one of the defendants in the suit, attempted to offer Brown a settlement in the amount of $25,000. This is just one example of why retaining a personal injury lawyer is imperative in matters of serious injury or fatal accidents.

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" »

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.

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" »

The attorneys at Lebowitz & Mzhen, LLC have developed the following list of things to do directly after an accident with a commercial vehicle. We suggest that our readers print out this list and place it in their glove compartment. We also suggest that you store a camera in your glove box in order to take photographs if you are involved in an accident.

1. STOP your car, no matter how minor the accident.
2. CALL THE POLICE to investigate the accident.
3. DO NOT DISCUSS THE ACCIDENT with anyone except the police officer on the scene.
4. GET INFORMATION ABOUT THE OTHER DRIVER AND THE TRACTOR TRAILER before leaving the scene of the accident. Make sure that you have the following information: (a) full name of the driver, (b) name of the trucking company, (c) Interstate Commerce Commission (ICC) license number from the side of the cab of the commercial vehicle, (d) telephone number of the trucking company, (e) insurance company and policy number for the tractor trailer, and (f) license plate number of the tractor trailer.
5. GET NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ALL WITNESSES.
6. DRAW A DIAGRAM of the accident.
7. TAKE PHOTOGRAPHS of the damage to your vehicle and, if possible, the tractor trailer, and any skid marks left on the roadway. Additionally, take photographs of your injuries if they are visible.
8. NOTIFY YOUR INSURANCE COMPANY.
9. DO NOT DISCUSS THE ACCIDENT WITH ANY INSURANCE COMPANY until you have talked to your lawyer.
10. IF YOU ARE INJURED, contact a doctor or go to the nearest emergency room as soon as possible.

Continue reading "Maryland Truck Accident Victim: Immediate Actions to Take" »