Truck Accidents

$7 Million Maryland Wrongful Death: Truck Driver’s Family Sues Teen Driver For Fatal Collision that Caused Trucker to Plunge into the Chesapeake Bay

June 25, 2009 | Lebowitz & Mzhen

The family of John Short, the 57-year-old tractor-trailer driver that died when his truck fell into the Chesapeake Bay during a deadly motor vehicle crash last August, is suing 19-year-old Candy Lynn Baldwin for his wrongful death. Their Maryland civil lawsuit is seeking $7 million from the teenager, who swerved into the lane that Short’s truck was in, causing him to drive his truck through a bridge wall before it fell into the water.

Short’s relatives contend that the deadly Maryland truck accident happened because Baldwin had been drinking prior to getting into her car. Just six months ago, prosecutors decided not to criminally charge the teenager with auto manslaughter because her blood alcohol content two hours after the car-truck collision was .036%. Maryland’s legal BAC limit is .08%.

The Maryland wrongful death lawyer representing Short’s family, however, says Baldwin’s BAC would have been higher if she had been tested right after the Maryland truck accident. He also provided a photo taken from the teenager’s MySpace page that shows her holding a bottle of alcohol while seated behind the wheel of a motor vehicle.

Maryland Car Accident Lawyers: 508,000 Marylanders Will Drive 50 Miles or More This Memorial Day Weekend, Says AAA

May 21, 2009 | Lebowitz & Mzhen

According to AAA Mid-Atlantic, about 83% of the 609,000 Marylanders traveling 50 miles or more over the Memorial Day weekend will travel by car—that’s 508,000 motor vehicle riders. A decrease in local gas price is one of the reasons cited for an increase in road travelers from last year. Air travel is also expected to increase this year by 7%. Another reason cited for this rediscovered travel bug is that a poor economy has forced hotels, cruises, airlines, and car rental companies to lower their prices.

With more people getting into their cars and heading toward vacation destinations and family reunions, the roads will likely be more crowded this weekend. Traffic and the excitement and rush to arrive at a specific location can create a less relaxed travel climate that can increase the chances that a motorist might become involved in a catastrophic Maryland car accident.

Here are a number of safe driving tips to help you navigate your way through the Memorial Day weekend:

• Make sure you have your maps organized and travel routes planned before leaving.
• Check the Internet, listen to the radio, or watch TV to see where there may be traffic backlogs that you can avoid.
• Make sure that your car is in proper working condition before you head out.
• Have a roadside emergency kit with you.
• Get plenty of rest before you drive.
• Give yourself plenty of time to arrive at your destination.
• Take periodic breaks while driving so you don’t get lethargic or drowsy.
• Don’t speed.
• Obey traffic laws.
• Don’t talk on the cell phone or text message or read maps while driving.
• Drive defensively.
• Don’t drive drunk.

• Keep emergency numbers at your disposal.

More Marylanders to hit the road this weekend, Baltimore Sun, May 21, 2009
Related Web Resources:
AAA Mid-Atlantic
MD Roads

Truckers with Sleep Apnea May Cause Maryland Truck Accidents

March 31, 2009 | Lebowitz & Mzhen

The Cambridge Health Alliance is reporting that there could be up to 3.9 million licensed commercial truck drivers who are suffering from obstructive sleep apnea. This condition is the number two cause of fatigue during the daytime, which means that truckers with OSA may be more prone than other drivers to engage in drowsy driving or fall asleep behind the wheel of their trucks—two common causes of Maryland truck accidents.

As a matter of fact, sleep apnea in general reportedly increases the chances of being involved in a motor vehicle accident by up to seven fold. The consequences of falling asleep behind the wheel of a large truck can be catastrophic.

Obstructive Sleep Apnea

A person with this sleeping disorder may have trouble breathing and sleeping well at night, which can lead to excessive sleepiness during typical waking hours, a tendency to fall asleep during the daytime, and psychomotor deficits. While about 20 million people in the US are believed to be afflicted with sleep apnea, many individuals don’t even know they have the disorder.

With long, irregular hours already taking a toll on a truck driver’s health and ability to drive lucidly, OSA further compounds the concern that exhausted and overworked truckers could cause fatal motor vehicle crashes because they’ve fallen asleep while driving. The Cambridge Health Alliance, which conducted a 15-month study, recommends making it mandatory for commercial truckers to test for OSA.

The Cambridge Health Alliance OSA-Trucker Test

456 commercial truck drivers were tested. 17% of them met the criteria for possible OSA. These truckers tended to be older, more obese, and had above average blood pressure. Only 20 of the participants that satisfied the OSA screening criteria took part in the sleep studies, and all of them were diagnosed with OSA. Unfortunately, only one of the truckers followed treatment recommendations. According to Dr. Philip Parks, the study’s lead author, most truckers seemed to underreport or minimize symptoms for OSA, and there could be up to 14 million US truck drivers with untreated or undiagnosed sleep apnea.

Truck drivers must be alert anytime they are behind the wheel of their commercial truck. Not only is their vehicle likely larger and significantly heavier than the other vehicles on the road, but often, trucks may be carrying large loads or toxic substances. Unfortunately, in the rush to meet deadlines and fulfill delivery orders, truckers have been known to drive while exhausted. This can make them drive carelessly or recklessly, resulting in fatal truck crashes.

Obesity Linked To Dangerous Sleep Apnea In Truck Drivers, Science Daily, March 12, 2009
Obstructive Sleep Apnea, Sleep Disorder Channel
New Study Links Obesity to Dangerous Sleep Apnea in Truck Drivers, 24-7 Press Release, March 27, 2009
Related Web Resources:
Hours of Service Regulations, Federal Motor Carrier Safety Administration

Maryland Senate Votes for Text Messaging While Driving Ban

March 19, 2009 | Lebowitz & Mzhen

This week, the Maryland Senate approved by a 43 to 4 vote a bill banning drivers from text messaging whenever they are operating their motor vehicles. If the bill becomes law, it would make reading, composing, sending, or receiving text messages a misdemeanor crime punishable by a $500 fine. Maryland would also join a growing list of states and jurisdictions, including Virginia and Washington DC, that are banning text messaging—whether on a cell phone, PDA, or IPod Touch or another device—while operating a motor vehicle.

Sending short messages via cell phone or other electronic devices is a bad habit that has grown more popular in recent years—especially among younger, more inexperienced drivers. According to the AAA Foundation for Traffic Safety, one of its studies last year found that about 50% of young drivers, ages 18 – 24, text message while driving. The study found that among drivers ages 45 and older, less than 5% engaged in text messaging while operating a motor vehicle.

Text messaging is a type of distracted driving, and like all other forms of distracted driving, including talking on a handheld cellular phone, applying making, or reading the newspaper, can lead to deadly auto accidents. ABC News says that a 2006 study showed that 65% of near-motor vehicle collisions and 80% of auto crashes occur because of distracted driving.

For example, one Maryland child lost her right forearm in a catastrophic bus accident that occurred while the bus driver was texting on his cell phone. 30 people were injured in this Maryland motor vehicle accident. In another traffic accident, a 26-year-old woman died last year in a truck accident when she was struck by a tractor-trailer while the truck driver had been texting.

These kinds of catastrophic motor vehicle collisions could have been avoided if the drivers had not been engaged in distracted driving.

Md. Is Latest State to Target Text Messaging by Drivers, Washington Post, March 18, 2009
Texting While Driving Could Spell Trouble, ABC News, May 8, 2007
Driving and Dialing Bus Drivers May Case Accidents, ABC News, Feb 7, 2007
Related Web Resources:

Examination of Maryland Senate Bill 98 (PDF)

Cell Phone Driving Laws, Governors Highway Safety Association

Three Maryland Car Accident Lawsuits Sue Driver for Catastrophic 2008 Tractor-Trailer-Van Accident that Injured Six and Killed One

March 9, 2009 | Lebowitz & Mzhen

Three of the victims of a Maryland motor vehicle accident involving a passenger van and a tractor-trailer are suing the van driver for wrongful death and personal injury. Robin Poffenberger was transporting a group of seniors to a softball tournament in Olney, when he drove a 2003 Chevrolet Custom van into the path of a tractor-trailer.

One van passenger, 72-year-old Clifford J. Rice, died from his injuries. He was sitting in the front passenger side of the vehicle when the May 21, 2008 crash happened at the intersection of Interstate 70 and Md. 66. Six other people suffered serious injuries. The impact of the collision left the truck’s cab embedded in the side of the van.

Now, three Maryland car accident lawsuits have been filed against Poffenberger. Rice’s widow is seeking $4 million for medical costs, loss of her husband’s income, funeral expenses, his pain and suffering, wrongful death, her mental anguish and emotional trauma, loss of companionship, society, protection, attention, comfort, care, counsel, love, and advice.

Maryland and Washington DC Drivers Should Watch Out for 10 Fatal Winter Driving Mistakes

February 24, 2009 | Lebowitz & Mzhen

The winter time can be a deadly time for Washington DC and Maryland motorists if they aren’t careful. Poor visibility and icy roads can only make the outcome of an auto accident, caused by negligent or careless driving, worse. To help prevent fatal auto accidents from occurring in snowy weather and icy conditions, Forbes.com offers a list of 10 common driving mistakes that can prove fatal in the wintertime:

1) Not checking the weather before you get in the car.
2) Driving too fast under current weather conditions. This can cause a driver to lose control of the vehicle on slippery roads.
3) Following too closely behind the vehicle or snowplow equipment in front of you. Allow greater distance between you and the other motorist than you would when there isn’t snow on the road. Do not drive using cruise control when the conditions are wet.
4) Overcorrecting your car on ice.
5) Driving while you’re tired.
6) Driving when there’s poor visibility.
7) Failing to get the car winter ready. Also, make sure you have an extra key that is easily accessible in the event that you get locked out of your vehicle.
8) Driving on back roads.
9) Not carrying an emergency tool with you, such as jumper cables, a spare tire, water, dried food, a cell phone, and warm clothing.

1) Leaving your vehicle if your car stops, which could be the warmest place for you to be.

According to a University of California, Berkeley, School of Public Health study:
• Poor weather is a factor in 1.5 million of the car accidents that occur every year, resulting in 800,000 injuries and 7,000 deaths.
• Almost 20% of highway deaths involved poor weather as a factor.

• Driving the day after the year’s first winter storm is the most dangerous day of the year to operate a motor vehicle.

The National Safety Council recommends a number of safety tips for winter driving, including:
• Tune your engine.
• Check your battery.
• Make sure the fluids in your car are at the correct levels.
• Make sure your car is equipped with the proper equipment, including tire chains, a snow scraper, and a snow shovel.

• Have first-aid supplies and a compass with you.

In Depth: 10 Deadly Mistakes Of Winter Driving, Forbes.com

Safe Winter Driving

Related Web Resources:
All-Weather Driving Tips, Road & Travel Magazine
Baltimore, Maryland Weather, Maryland Weather

Bill Proposes Maryland Reckless Driving Law

January 30, 2009 | Lebowitz & Mzhen

A bill that is calling for a Maryland reckless driving law would make it easier to prosecute reckless drivers if passed. The proposal calls for drivers who were responsible for causing a motor vehicle fatality because they exhibited negligence leading to “substantial risk” of safety to be charged with a misdemeanor crime. The penalty would be up to three years in jail.

Maryland Delegate Luiz R.S. Simmons (D-Montgomery) has been pushing for this law for five years. He claims that the state’s standard for proving vehicular homicide is too high.

Currently, some 30 US states have laws that allow reckless driving charges even if the driver did not exhibit “gross negligence.” The bill has died every year so far because the House Judiciary Committee chairman, Del. Joseph F. Vallario, has not called for a vote on the matter.

Baltimore County Woman Dies After She is Struck by Flying Truck’s Tire on Capital Beltway

January 22, 2009 | Lebowitz & Mzhen

A 21-year-old Baltimore County woman is dead after a tire that broke off from a truck being towed landed on her car on Wednesday. The deadly motor vehicle accident took place on Interstate 495 in Prince George’s County.

According to Maryland State Police, tow truck driver Roger Smith was towing a delivery truck when one of the tires with a metal wheel broke off the vehicle, rolled across lanes, struck two guardrails, rolled across a grassy median, and hit a tractor-trailer. The impact of this collision caused the tire to fly back across the median and land on Channing Quinichett’s Honda Civic, crushing the windshield and roof of her vehicle. The 21-year-old Maryland resident was pronounced dead at the crash scene.

If you have been injured in a Maryland traffic accident because a party’s negligence caused flying or falling debris to strike you and/or your motor vehicle, you may have grounds to file a personal injury or wrongful death lawsuit.

For example, last September, the family of 39-year-old Milena Del Valle, who died after part of the Big Dig tunnel ceiling in Massachusetts fell on her car, received a $28 million wrongful death settlement. In another personal injury lawsuit, the wife of Pawel “Paul” Swierczynski sued five companies after her husband was struck by a 250-pound grate that crashed through his windshield. Swierczynski sustained numerous injuries, including a traumatic brain injuries.

Just this month, a 6-year-old boy died and a man sustained injuries after they were struck by flying metal chunks at a monster truck rally. The catastrophic accident occurred when a truck’s driveline malfunctioned, causing the fragments to fly toward the crowd. Witnesses have expressed anger that the show was not stopped even after both victims started bleeding.

While freak accidents do happen, there may have been steps that a liable party could have taken to prevent the personal injury accident or wrongful death.

Tire kills Baltimore Co. woman on Capital Beltway, Baltimore Sun, Associated Press, January 22, 2009
Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009
Boy, 6, killed by flying debris at Tacoma monster truck rally, Komonews.com, January 17, 2009
Settlement Reached In Big Dig Death Suit, CBS News, September 30, 2008
Related Web Resource:
Wrongful Death Overview, Justia

Maryland Multi-Auto Crash on I-70 Involving 42 Motor Vehicles Results in Multiple Injuries and at Least 2 Fatalities

January 20, 2009 | Lebowitz & Mzhen

A deadly multi-auto collision on I-70 in Washington County on Monday has resulted in multiple injuries and at least two fatalities. Maryland State Police say at least 7 tractor-trailers and 35 passenger cars were involved in the midday accident.

About 45 people were taken to a Red Cross shelter following the crash, which police are partially attributing to the snowy weather. Many of the accident survivors sustained bumpers and bruises. Some 12 people who were seriously injured were transported to Washington County Hospital.

The 40-plus auto pileup was just one of several Maryland multi-vehicle accidents to occur on icy roads. In Harford County, some 20 auto accidents had occurred by yesterday night, including a four-auto collision and another accident involving a car striking a guardrail.

National Safety Council calls for nationwide ban on cell phone use while driving

January 13, 2009 | Lebowitz & Mzhen

The National Safety Council wants all US states to ban motorists from using cell phones while driving. NSC CEO and President Janet Froetscher noted that talking on the phone while driving increases a driver’s chances of becoming involved in an auto crash by four times more than if he or she were driving without using one.

Currently, six US states have laws banning the use of hand held cell phones while driving:

• District of Columbia
• Washington
• California
• Utah
• New Jersey
• Connecticut

Seven US States have a ban on text messaging while driving:

• District of Columbia
• Connecticut
• Alaska
• New Jersey
• Washington State
• Minnesota
• Louisiana

While some localities within US states that do not have statewide bans have imposed their own cell phone restrictions, including bans on hand-held phones and text messaging and bans affecting teen drivers and school bus drivers, the states of Kentucky, Florida, Nevada, Louisiana, Oregon, Mississippi, Utah, and Louisiana prohibit their localities from imposing any such bans.

The NSC is quick to point out that just because someone is using a hands-free phone does not mean that he or she is now operating the vehicle safely. According to a Harvard Center of Risk Analysis 2003 study, cell-phone use while driving is a contributing factor in 6% of auto accidents each year. Some 2,600 deaths and 330,000 injuries result from such collisions.

According to a Nationwide Insurance public opinion poll, 81% of US drivers use a cell phone when driving. Froetscher notes that cellular phone use while driving is more dangerous than talking to a passenger who is in the same vehicle. While talking to a real person makes the driver aware that lives are at stake if he or she doesn’t drive safely, talking on the cell phone places the motorist’s attention not on the road and in the present moment but elsewhere.

In addition to pushing for a change in current driving laws, the NSC is advocating more education about the dangers that come from driving with a cell phone, as well as better training.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org, January 12, 2009
Safety council urges ban on cell phone use while driving, CNN.com, January 12, 2009

Related Web Resources:

Maryland Cell Phone Law, DMV.org
Washington D.C. Hands-Free Law, Driving Laws.org
Cell Phone Driving Laws, Governors Highway Safety Association