Maryland Truck Accident Lawyers

Types Of Truck Accidents

Our firm’s Maryland truck accident lawyers have extensive experience assisting clients injured in various types of accidents. Truck accidents, in particular, are often classified based on their occurrence, as many trucks and hazardous driving conditions exhibit similar characteristics that can be categorized. Some truck accidents are attributed to the actions or inactions of the truck driver, while others are caused by preventable mechanical malfunctions or physical factors such as tire blowouts or overloading.

Additionally, certain accidents are characterized by the dynamics of the event, such as jackknife accidents or rollover accidents. Below, we outline some of the more common types of truck accidents frequently encountered on Maryland roadways.

• Swinging Turn Accidents
• Squeeze Play Accidents
• Blind Spot Accidents
• Rollover Truck Accidents
• Truck Driver Fatigue
• Jackknife Truck Accidents
• Overloaded Truck Accidents
• Bad Weather Truck Accidents
• Side Impact Truck Accidents
• Truck Driver Intoxication Accidents

Negligence In Maryland Truck Accidents

The operation of a motor vehicle necessitates the exercise of reasonable care. Reasonable care refers to the level of caution and attention that an individual with ordinary skill and judgment would employ in similar circumstances. In cases involving semi-truck accidents, determining whether a trucking company or its driver exercised reasonable care can involve issues specific to truck accident cases. For instance, there may be time restrictions on how long a truck driver can be on the road, commonly known as “hours of service.”

The Federal Motor Carrier Safety Administration defines “hours of service” as the maximum amount of time drivers are allowed to be on duty, which includes driving time. It also specifies the number and duration of rest periods to ensure that drivers remain alert and awake. Generally, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with the hours of service regulations outlined in 49 CFR 395.

Furthermore, there are specific obligations related to trucking that apply to professional truck drivers and/or trucking companies regarding the maintenance of documents and information. Some of the essential documents that should be available for discovery in a semi-truck accident case include, but are not limited to, the following:

• Accident Register (49 CFR § 390.15);
• Driver Vehicle Inspection Reports (49 CFR § 396.11);
• Drug and Alcohol File (49 CFR § 382.401);
• Driver Qualification File (49 CFR 391.51); and
• Inspection, Repair, and Maintenance Records (49 CFR § 396.3).

Understanding Contributory Negligence

Only a handful of jurisdictions in the United States continue to uphold the doctrine of contributory negligence, and both Maryland and DC fall into this category. Unlike negligence, contributory negligence tends to favor the defendant, particularly in cases involving semi-truck drivers. Under this doctrine, defendants can absolve themselves of any liability if they can demonstrate that even a minuscule portion of the fault lies with the plaintiff. This principle applies to both personal injury and wrongful death claims.

However, DC does offer an exception to this stringent rule in cases involving bicyclists or pedestrians. In such instances, if the accident is not primarily the fault of the bicyclist or pedestrian, they are still entitled to 100% compensation for their damages.

Most Common Causes of Truck Accidents in Maryland

According to the Federal Carrier Motor Safety Administration, the 7 most common causes of truck accidents are:

Mechanical Failure

Truck accidents in Maryland and across the United States are primarily caused by one factor, accounting for 29% of all crashes. It is the responsibility of truck companies to ensure that their vehicles are in optimal condition before hitting the road. Unfortunately, in an effort to save money, many companies compromise on maintenance and service checks. This negligence leads to preventable mechanical issues such as tire blowouts and brake defects, resulting in numerous truck accidents.

Reckless Driving/Speeding

Engaging in reckless driving behaviors such as speeding, tailgating, failure to signal, or making unsafe turns or lane changes can result in catastrophic truck accidents in Maryland. It is imperative for truck drivers to comprehend the profound responsibility they hold toward other motorists on the road. The consequences of their negligence can have far-reaching and devastating impacts on the lives of countless individuals.

Unfamiliar With Roadway

Approximately 22% of truck accidents occur due to driver errors on unfamiliar roads. For instance, when a truck driver is traversing routes like I-95, I-295, or the Baltimore Beltway, unexpected sharp turns or uneven road conditions can catch them off guard. In such situations, the driver may not have enough time to react and correct the truck’s course, resulting in an accident.

Alcohol/Drug Use

Driving under the influence of alcohol or drugs is widely recognized as reckless and dangerous. This is particularly true when operating a vehicle that outweighs other cars on the road by 23 times. The responsibility for the driver’s actions lies with the individual, but the trucking company also bears accountability for their driver’s conduct on the road. It is imperative for truck companies to conduct comprehensive background checks on new hires, including reviewing past moving violations and criminal records. If a driver has a history of impaired driving, the trucking company should prohibit them from operating on the road.

Fatigued Driving

Drowsy driving is regrettably common among most drivers today. However, truck drivers often face immense pressure from their companies to endure long hours of travel without adequate rest. As a result, they are more prone to driving while fatigued compared to other drivers on the road. According to the Centers for Disease Control and Prevention, staying awake for more than 18 hours is equivalent to having a blood alcohol content of 0.05%. Furthermore, being awake for over 24 hours is equivalent to having a blood alcohol content of 0.10%, surpassing the legal limit. It is crucial to address this issue and promote safer practices to ensure the well-being of all drivers.

Distracted Driving

Distracted driving is a significant issue among drivers in Maryland and the United States. It is unfortunately common for drivers to divert their attention from the road by checking text messages, emails, or engaging in phone conversations. This negligence can have severe consequences, potentially leading to life-altering accidents for other drivers, especially when truck drivers become distracted. It is of utmost importance to prioritize road safety and maintain focus while behind the wheel.

Cargo Shifts

Trucks have a maximum cargo limit per trip, but unfortunately, there are times when cargo loaders exceed this limit, resulting in an overweight load. This can lead to the destabilization of the truck, making it challenging for the driver to control the vehicle. Additionally, truck accidents can occur due to various other factors, such as:

• Bad weather
• Poor training
• Inexperienced drivers
• Hazardous cargo
• Poor road conditions