Maryland: 301-854-9000/410-995-1515 | Northern Virginia: 703-916-1227 | Richmond, Virginia: 804-643-3783 | Washington, D.C.: 202-554-1449

Maryland Truck Accident Lawyers / Virginia Tractor Trailer Accident Lawyers

State's have designated laws to protect motorists from accidents with truckers.  Unfortunately, most car accident lawyers are unfamiliar with many of these State and Federal laws pertaining to truckers.  Attorneys who focus on truck accidents understand the area of law well.  In a recent article written by Jon Portner, Why You Need a Top Truck Accident Lawyer, the State and Federal truck laws that pertain to these serious accidents are discussed.

A large percentage of truck accidents in Maryland and Virginia occur on our major interstates and highways including Route 95, the Baltimore Beltway (Route 695), the Capital Beltway (Route 495), and the Baltimore Washinton Parkway (Route 295). Trucks use these highways to transport freight. Many trucks make long trips up and down the east coast using interstate 95. Since both Maryland and Virginia, and have port cities such as Baltimore and Norfolk, countless trucks frequent the cities in both states to transport cargo.

Maryland Truck Accident Facts
Virginia Truck Accident Facts
District of Columbia Truck Accident Facts

Problems arise because drivers are often pressed for time to transport their cargo from one place to another. Often this leads to accidents caused by excessive speed and/or driver fatigue. Fatigue related accidents are especially dangerous since in many cases, they lead to a vehicle drifting across the center line of a roadway and hitting another vehicle head-on. Additionally, companies that employ the drivers are often operating at slim profit margins. Hence, many trucks are loaded to full capacity and are overweight. Lastly, truck accidents, like car accidents often occur because the driver was intoxicated. In accidents between cars and trucks, in establishing causation, a recent study on large crashes by the Federal Motor Carrier Safety Administration lists ten things to look for, they are:

• Interruption of the traffic flow

• Inadequate surveillance

• Driving too fast for the conditions

• Illegal maneuver

• Inattention

• Fatigue

• Illness

• False assumption of other road user's actions

• Distraction by object or person inside the vehicle

• Unfamiliarity with roadway

Safety is becoming a greater concern of both the government and truck carriers. As a result, new safety systems are being put in place. Some of these systems, can be used by attorneys to discover the cause of the crash. They include, speed regulators, and systems that record driver performance. Like airplanes, many trucks in fact maintain "black boxes" that can help the attorney and accident reconstructionist determine the cause of the accident.

Maryland, Virginia, and Washington, D.C. commercial vehicle laws, as well as federal laws and regulations, are designed to reduce accidents caused by the above factors. Attorneys at Portner & Shure are familiar with the relevant truck accident laws. Therefore, they can best protect your rights by proving that the accident was caused by an obvious code or statutory violation.

Another issue in truck accident cases is the immediate preservation of evidence. In large cases, it may be necessary to immediately retain an accident reconstructionist to go to the scene take pictures, measurements and get statements. Further, our attorneys make sure that all relevant evidence is immediately preserved so that it can be reviewed and analyzed by our experts. A letter should immediately be sent to the motor carrier so that all evidence, such as the "black box", is preserved, and a physical inspection is permitted. It is not enough to just preserve the evidence and inspect later, an immediate inspection can bring to light some important details that can be lost.

After proving causation, the attorneys will look at the recoverable damages. A consideration in all serious accident cases is the available insurance coverage. Fortunately, coverage in the truck accidents is generally higher then insurance coverage in automobile accident cases. For example, Maryland requires large commercial trucks to carry $750,000 of insurance for bodily injury and truck accidents. Federal law also requires that trucking companies have the following minimum liability insurance:

• $750,000 for vehicles over 10,000 lbs carry non-hazardous freight;

• $1,000,000 for those having hazardous materials and oil; and

• $5,000,000 for trucks operating portable tanks, capacity over 3,500 gallons, passenger trucks.

When contemplating the filing of the lawsuit the personal injury attorney must consider the fact the truck driver was not qualified to operate the vehicle, was not properly trained or had a bad driving record. In these cases, in addition to negligence, the claims of negligent entrustment and/or negligent supervision must be added.

Truck Accidents: Protect Your Interests in the Face of Serious Injury

Truck accidents stand out from other types of automobile accidents because of the increased likelihood of fatality. Truck accidents are generally more harmful to the parties involved than standard car accidents because of the size disparity between the vehicles and the potentially dangerous cargo commonly carried by trucks. Currently in the U.S., one person dies every 16 minutes as the result of a truck accident. Though truck accidents constitute just 3% of all injury accidents and 5% of all property-damage-only accidents, 8% of the vehicles involvrd in fatal accidents are large trucks. In 2008 alone, there were 4,006 fatalities directly attributed to accidents involving large trucks. Of these fatalities, 98% of the people killed in truck accidents are occupants of the non-truck vehicle. 



A number of factors exist that are potential causes of truck accidents. Chief among these factors are the demanding schedules and deadlines that are imposed on many truck operators. High demand schedules can cause the truck operator to speed or drive aggressively, to drive tired or be fatigued due to extended work shifts, or even to consume narcotics that impair the operator's ability to drive. The amount of hours that a truck driver has operated his or her truck is often a relevant fact in truck accident cases, as federal law specifically restricts how many hours a truck driver may log over a fixed period of time.

Another potential cause of a truck accident is poor maintenance or a failure to install safety equipment. Often times, a large truck involved in a truck accident may exhibit poorly maintained or overused brakes, missing blind spot mirrors or defective safety equipment like signals, lights, and warning devices.

The overloading or failure to secure truck cargo is also a common cause of truck accidents. Earlier this year, a Prince George's County jury awarded a substantial verdict for injuries sustained as a result of unsafe cargo loading in Diaz v. Earth Hauler Trucking. In Diaz, a family was traveling in a minivan on I-495 behind a dump truck owned by Earth Hauler Trucking. The rear gate of the dump truck suddenly detached from the truck, causing the gate and debris held within to fall onto I-495. Although there was no actual contact between the minivan and the dump truck, the detached gate and debris struck the minivan, causing two of its tires to go flat. During impact, the Plaintiff struck his head on the roof of the vehicle and his knee on the dashboard. The jury in this case rendered a particularly favorable verdict in the amount of $105,755.00, despite the facts that the Plaintiff was able to replace his tires and complete his drive, and the Plaintiff waited for over a month to seek medical treatment for his injuries.

Truck accidents are widely considered to be the most likely type of traffic accident to inflict serious injuries on the individuals involved. Serious injuries call for serious legal representation. The Maryland truck accident attorneys and Virginia truck accident attorneys of Portner & Shure have countless years of experience representing the victims of truck accidents.

Common Causes of Tractor Trailer Accidents in Maryland and Virginia and ways to Avoid Them

As set forth here in the website, the most common causes of truck accidents are driver fatigue, driver substance abuse, poor truck maintenance, inadequate training, and tight delivery schedules.  However, as indicated below, the size and weight of the large truck in itself is often a cause of many truck accidents.
                                    
Inadequate stopping distance is often found to be a cause of serious truck accidents in Maryland and Virginia.  On a highway a car traveling 55 mph can come to a stop within approximately 265 feet.  However, at the same speed it will take a large truck 313 feet to stop.  Serious car and truck accidents could be avoided on Maryland and Virginia highways if more car drivers kept their vehicles a safe distance behind or in front of a tractor trailer.  In the event you need to stop suddenly, you want the truck behind you to have sufficient stopping space so a rear-end collision is averted.

Other similar situations in Maryland and Virginia where truck accidents can be avoided, involve the quick changing of lanes.  Here your stopping distance is also an issue.  Often this scenario arises when an automobile passes a truck and then quickly cuts back into the trucks lane without leaving sufficient distance between the truck and the car.  Often these unexpected moves force the truck driver to slam on his brakes and endanger everyone nearby.

Serious truck accidents also occur due to truck “blind spots”.  Blind spots are spaces that can not be seen in the trucks rear or side view mirrors.  The blind spots around the left rear, right front, and the back of the trailer are large.  When a car moves into a trucks blind spot the truck driver cannot see that car.  Hence, if the truck driver pulls to the right, or to the left, a collision will occur.

Blind spot truck collisions can be avoided by car drivers choosing to cease driving alongside tractor trailers for any length of time.  In other words, car drivers should pass the truck, or immediately drop back behind the truck to a point where the truck driver can easily see the car in his side view mirror.

Broken down cars on Maryland and Virginia highways are often a source of serious truck and car collisions.  Trucks cannot come to an immediately halt.  Hence, many fatal collisions occur when a tractor trailer fails to timely recognize that the vehicle ahead is at a dead stop.

These fatal injuries can be avoided if the driver and passengers of the broken down vehicle exit the car, activate the hazard lights and get as far off the highway as possible.  Next, call the police and alert them of the road hazard.

As a Truck Accident Attorney in Virginia, What Type of Cases do we Typically See?

Truck accidents we have handled in the past vary between accidents involving:

• large trucks

• pick-up trucks

• vans                      

• delivery vehicles

• semi-trucks and 18 wheelers

If something falls from a truck and causes an accident, can I recover?

Yes, often a truck driver loses control of his vehicle because of shifting or falling cargo.  Building products, gravel, or bricks for example may fall off of a truck.  Furthermore, bull dozers, front end loaders, or other heavy equipment may break from their moorings.

Why are there so many accidents caused by trucks that have been improperly maintained?

In large part because of the large amount of miles commercial truck drivers put on their trucks.  As a result, the inspection, and repair of these large vehicles is critical.  Obviously, it doesn’t take long for a truck’s braking system to show wear, for wheel bearings to require lubrication, or lighting devices to become filled with dirt or burn out.

Do different rules apply for truck drivers with respect to drinking and driving?

Yes, the Federal Motor Carrier Safety regulations prohibit the driver of a commercial motor vehicle from operating that vehicle while having a blood alcohol concentration of 0.04 or greater.  This is a more stringent limitation than one imposed on the driver of a car, which is 0.08.

Why are there some accidents caused by truck driver fatigue?

In large part because of the 11 hour rule.  Studies show that a truck driver’s alertness and performance begins to deteriorate after 8 hours of driving.  However, Federal regulations permit truckers to drive 12 consecutive hours before taking a rest or break.  It is a fact that the average worker in the United States only works a 35-40 hour week.  In contrast, trucking companies can schedule their drivers to work almost twice as much in 8 days.

We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County

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Library for Truck Accidents:

• Why You Need a Top Truck Accident Lawyer?   
  Need a truck accident attorney or tractor trailer accident lawyer, Portner & Shure understands both State and Federal laws in these serious accident cases.
• U.S. Department of Transportation Increases Mandatory Truck Driver Rest Time   
  Truck accidents are often caused by driver fatigue. There are laws that limit the amount of hours a trucker may be on the road. Our truck accident law firm understands these laws and there implications.
• Hand-Held Cell Phone Use by Drivers Large Trucks Banned   
  Have you been injured as a result of a tractor trailer accident in Maryland or Virginia? Contact our experienced Maryland and Virginia truck crash lawyers.
• Maryland Trucking Company Declared “Imminent Hazard to the Public”   
  Were you injured in a tractor trailer accident? Contact our Maryland truck accident injury lawfirm. Our experienced truck crash lawyers can help.
• Essex Car and Truck Accident Lawyers and Criminal Defense Attorneys   
  Portner & Shure's Essex car and truck accident lawyers and criminal defense attorneys frequently represent Essex residents in personal injury cases and criminal matters.
• Maryland Eastern Shore Injury and Accident Claims   
  If you have been injured in an accident in Maryland's Eastern Shore, you should contact the Maryland personal injury attorneys at Portner & Shure at 310-854-9000, 703-916-1227, 410-995-1515, or 804-643-3783 for a free legal evaluation. It is beneficial to hire an attorney who practices law and knows the court system and judges in your area. Call today to find out your next steps in your personal injury case.

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Frequent Questions for Truck Accidents:

• Why do serious injuries occur during the “underride”?
• What are “underride” truck accidents?
• What are some of the causes of truck rear-end and head-on collisions?
• Why are there so many rear-end and head-on collisions involving trucks?
• Frequently Asked Questions When Youve Been Involved in a Truck Accident
• Frequently Asked Questions Regarding Truck Driver Fatigue.
• Does Maryland and Virginia law regulate the trucking companies in those states?
• Is it more difficult for trucks to stop?
• I was involved in a truck accident and was not wearing my seatbelt. My injuries were serious and were probably made worse because I was not wearing a seatbelt. Can the truck company's lawyer use this fact against me at trial?
• Is the company the truck driver works for responsible for my injuries? Should I sue the truck company?
• What do lawyers in Maryland and Virginia have to do different in truck accident cases when compared to an auto accident case?

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Case Results for Truck Accidents:

• Herndon, Virginia man struck by truck while riding a bicycle

Awarded: $23,500.00

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Videos about Truck Accidents:

• Truck Accident vs. Car Accident in Maryland and Virginia
• Experienced Truck Accident Lawyer in Maryland and Virginia
• 为什么你将会需要最好的卡车事故律师?
• Korean: Why you need a top Truck Accident Attorney in Maryland
• ¿Por qué usted necesita a un abogado con experencia en un accidente de tractores y camiones?
• Why you need a Top Truck Accident Lawyer in Maryland

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Web Resources for Truck Accidents:

• Federal Motor Carrier Safety Administration

  Description:

  The FMCSA was established as a separate administration within the U.S. Department of Transportation (DOT) on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. FMCSA is headquartered in Washington, DC and employs more than 1,000 people in all 50 States and the District of Columbia, all dedicated to improving the safety of commercial motor vehicles (CMV) and saving lives.

• Truck Safety Coalition (CRASH)

  Description:

  Is a partnership between the Citizens for Reliable and Safe Highways (CRASH) foundation and Parents Against Tired Drivers (P.A.T.T.).  They are dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing support to truck crash survivors and families of truck crash victims, and educating the public.

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