Posted on April 10, 2020 in Truck Accidents

It is a sad reality that every year in Maryland hundreds, if not thousands, of people die in so-called “accidents.” However, the fact is that many “accidents” are actually caused by someone’s negligent or reckless actions. Take car accidents, for example. These “accidents” are usually someone’s fault. A driver probably caused the collision by speeding or driving drunk, or perhaps a driver was distracted or drowsy behind the wheel. Those actions or omissions, even slight ones, may be the direct cause of a fatal accident.

When a loved one dies in such an “accident,” what are the legal options for the family members who are left behind? Well, for starters, one action may be a wrongful death lawsuit against the party responsible for the death.

Legal options are sometimes the last thing that grieving family members are thinking about in the immediate aftermath of a fatal accident. However, a wrongful death lawsuit, if successful, could provide surviving family members with much needed financial compensation such as, for example, an amount that would be equal to the income and wages the deceased person would have earned if not for the death caused by the negligent or reckless party.

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 Posted on April 10, 2020 in Truck Accidents

Regular readers of our Silver Spring personal injury law blog might recall that back in February, we wrote about claims by rideshare companies that their services are safe. We correctly noted then that “ridesharing is a safer option than driving while impaired.”

While a new study confirms that statement, it also points out that ridesharing services such as Uber and Lyft offset a reduction in drunk driving crashes with increases in other types of motor vehicle wrecks that cause injuries to motorists and pedestrians.

The study by researchers at the Columbia University Mailman School of Public Health was published in the journal Injury Prevention. It notes that vehicle accidents result in around 1.3 million deaths annually around the world. Here in the U.S., more than 33,000 were killed in crashes in 2018 and another 2.3 million suffered injuries.

In the decade since Uber and Lyft launched, ridesharing services have provided more than 11 billion trips in the U.S. Researchers analyzed data from 372 million rides in New York City in 2017 and 2018, determining where in the city vehicle crashes occurred, and then determining how many ride-hailing trips originated nearby at the time of the wreck.

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 Posted on March 26, 2020 in Truck Accidents

When we think of motorcycle accidents, we generally think that it is a distracted, drunk or otherwise negligent motorist who is at-fault. However, sometimes fault in a motorcycle crash doesn’t lie with another motorist — it lies with the manufacturer of the motorcycle itself.

This is the case when the crash is caused by a motorcycle defect. A defect takes place when the motorcycle has an inherent flaw in the way it was designed, making it unreasonably dangerous. The company that designed the motorcycle will be liable if the product had a foreseeable risk when it was manufactured per the design and used for its intended purpose.

If a person is pursuing a product liability claim based on a design defect, in some states the person must show that the risk could have been avoided if there was a reasonable alternative design that was feasible to produce and would not be unduly expensive to produce, all while still meeting its intended purpose.

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 Posted on March 26, 2020 in Truck Accidents

At one time or another, every driver has either inadvertently or purposely exceeded posted speed limits. While doing so may seem harmless, it actually may lead to a couple of consequences. For example, you may receive a costly citation for speeding. Even worse, you are at greater risk for a severe car accident the faster you drive.

The World Health Organization calls speeding the greatest risk factor  for car crashes. Specifically, a 5% increase in speed raises your accident risk by 20%. Speed does not only increase your likelihood of having a car accident, though. It also increases your potential for having a severe one. Before you leave home for your next commute, you should understand why speeding affects your car accident risk.

Accident risk

Driving at the posted speed limit is a good way to minimize your accident risk. You should realize, however, that road conditions may require slower speeds. Regardless, when you speed, a few factors make a car accident more likely. First, fast-moving cars tend to be more difficult to control than their slower-moving counterparts. Also, it takes longer to stop a vehicle that is traveling quickly. Similarly, fast car speeds positively correlate with reduced reaction times.

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 Posted on March 16, 2020 in Truck Accidents

A wrongful death claim for damages can help loved ones who have suffered the unexpected, and wrongful, loss of their loved one. The loss of a loved one in a fatal accident can, of course, be difficult and traumatizing which is why there are legal options, such as a wrongful death claim for damages, available to protect loved ones.

A wrongful death claim is a type of legal claim that is brought on behalf of the lost loved one’s estate for the benefit of surviving family members. When a loved one has been killed by the careless or negligent behavior of another, a wrongful death claim for damages can help surviving family members with some of the challenges they face through a wrongful death claim for damages.

Wrongful death legal protections can apply in a variety of circumstances and can help surviving family members with the financial and emotional damages they may unexpectedly find themselves facing as they struggle to cope with the unanticipated loss of their loved one. The specific damages available through a wrongful death claim depend on the characteristics of the victim and circumstances but can include damages for medical and funeral expenses; loss of support and services and lost prospect of inheritance.

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 Posted on March 05, 2020 in Truck Accidents

A personal injury judgment against a negligent driver is only as valuable as the negligent driver’s ability to pay it. This can be problematic, especially if you’ve suffered extensive damages in the form of medical expenses, lost wages, and pain and suffering, as is often the case with truck accidents.

If that has you concerned, you shouldn’t worry. If a negligent trucker caused your injuries, then you might also be able to seek compensation from his or her employer. To do so, you’ll need to file a vicarious liability claim against that employer. The logic behind vicarious liability is that employers maintain control over who they hire and the performance and duties of those employees. Therefore, if you can show that a negligent trucker was performing his or her job duties at the time of the accident, he or she was on the clock at the time, and the employer was receiving some sort of benefit from the employee’s actions, then you might be able to succeed on one of these claims.

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 Posted on March 02, 2020 in Truck Accidents

Getting into a car accident can be terrifying, no matter the reason. And if the accident causes an injury, it can be even more upsetting and often traumatic. On top of all of that, the last thing you want to worry about is whose insurance will cover the costs of your physical injury and damages to your vehicle.

So, when you get the insurance information of the other driver, what happens if that driver works for a Maryland rideshare company like Uber or Lyft?

Understanding third-party insurance coverage

Companies like Uber and Lyft have third-party liability insurance coverage that comes into play in the case of an accident. If one of their drivers causes the accident, the amount of coverage that is available will depend on two general factors:

• The driver is logged onto the app but hasn’t accepted a trip request. In this case, the coverage is $50,000 per person, $100,000 per accident, and $25,000 for property damage.

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 Posted on February 24, 2020 in Truck Accidents

Ridesharing platforms such as Uber and Lyft are a new and large presence in Maryland, Virginia and across the nation, especially in large cities. Questions about rideshare safety, and their role in motor vehicle accidents, have grown with this industry.

Ridesharing is a safer option than driving while impaired or with a drunk or inexperienced driver. The United States had 1.17 traffic deaths per 100 million miles traveled in 2017. By comparison, Uber had roughly half the national average with a reported 0.57 fatalities per 100 million traveled.

Uber drivers, according to the company’s safety report for 2017 and 2018, were still involved in 97 fatal accidents that led to 107 deaths. Traveling by bus is the safest transportation mode with only .01 deadly accident per 100 million miles.

Rideshare companies impose safety standards on their drivers. According to Uber’s report, it disqualified over one million drivers and 76% of these prospective drivers were rejected because of their driving histories.

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 Posted on February 21, 2020 in Truck Accidents

Everyone who has driven on the interstate highways crisscrossing Montgomery County knows that the biggest, most dangerous vehicles rolling on those roads are the mammoth 18-wheelers. Tractor-trailers are slow to bring to a stop and difficult to maneuver – especially in critical situations that can arise without warning.

The sheer size of commercial trucks requires truckers to be constantly alert and cautious. When truck drivers are distracted, fatigued, speeding, impaired or impatient, the result can be violent truck crashes, serious injuries and fatalities.

The Federal Motor Carrier Safety Administration (FMCSA) recently announced a new study of the causes of large truck crashes, research the federal agency says that will provide data for regulators, lawmakers and law enforcement to use to make our roads safer for everyone.

The new study will be the first of its kind in more than 15 years. The previous truck crash study was conducted from 2001 to 2003, before iPhones, in-cab fleet management systems, Google Maps and other technological innovations that come with a mix of positive and negative attributes.

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 Posted on February 07, 2020 in Truck Accidents

If you find yourself anxious when driving around semi-trucks, you’re not alone. These massive rigs pose a serious threat to everyday motorists, especially when they aren’t safely driven. Yet, the sad reality is that truckers often take to the road when they are distracted, drunk, or tired, which can significantly decrease their driving abilities.

Federal regulators have attempted to curtail dangerous trucking in a number of ways. One of the most prevalent is the implementation of hours of service regulations. These rules limit the number of hours a trucker can operate his or her rig without taking a federally mandated rest. For example, a trucker is only allowed to driver for 11 hours after taking off 10 consecutive hours. Additionally, a trucker cannot drive beyond the 14^th hour following that 10-hour rest period.

But the regulations pertaining to hours of service don’t stop there. A trucker can only drive if there have been less than eight hours since his or her last rest period of at least 30 minutes in the trucks sleeper section. Lastly, a trucker is disallowed from driving for more than 60 hours in a period of seven consecutive days or 70 hours in eight consecutive days.

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