Articles Posted in Truck Accident

The law firm of Silverman, Thompson, Slutkin & White takes on a limited number of plaintiff’s personal injury cases each month. We limit our intake so we can provide the highest quality representation to each of our clients. To better equip our clients with an understanding of the process, we have broken down the phases of what to expect of our attorney-client relationship.

THE INITIAL CONFERNCE:

General information regarding the incident will be obtained when you are first interviewed. Certain other material relating to things you should not do will be furnished to you. You will be asked to sign authorization forms which will allow us to obtain necessary information. We will schedule a follow-up appointment for you to meet with the attorney handling your case shortly after you retain Silverman Thompson Slutkin and White.
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WBAL is reporting in an online article that the worker killed Tuesday at the Dundalk Marine Terminal has been identified as 46 year old James Mills Gillus of Dundalk. Mr. Gillus was tragically killed when he was attempting to climb back into his vehicle after he noticed it was rolling backward and was struck by the vehicle. The vehicle he was operating is used to haul dumpsters around the marine terminal. State and Federal Workplace officials are investigating this accident. Mr. Gillus’ family will be entitled to Workers’ Compensation Death Benefits because he was killed during the course and scope of his employment. Additionally, under certain situations, they may be able to recover in a wrongful death action. An experienced Maryland Accident Attorney will be able to explain the family’s rights to them.

A Tour Bus travelling back from the Mohegan Sun Casino in Uncasville, Conn., to Chinatown, New York City crashed on I95 near the exit for the Huntington Parkway. News reports have confirmed at least 13 dead with many others injured, some critically. A spokesman for the New york State Police indicated that he expected the death toll to rise as several of the critically injured appeared to be in grave condition.

At least one report to 911 claimed that the bus was cut off by a tracker trailer that then left the scene. Police are interviewing witnesses and reviewing video to try to determine the accuracy of that report and if true, to locate the truck and its driver. The investigation should be helped by the fact that the driver of the bus has apparently survived the accident although he was injured. Police expect to interview him soon and expect the interview to be very helpful in determining the cause of the accident.
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Maryland lawyers who litigate car and truck accidents have a new tool at their disposal thanks to the Maryland Legislature’s imminent passage of a ban on handheld cell phones while driving. The new law will make it illegal for a motorist to text or talk on a cell phone while driving, unless connected to a bluetooth device.

Plaintiff’s lawyers can be expected to try to use violation of this statute as evidence of negligence. Defense attorneys will also focus on using violation of this statue to prove the plaintiff was contributorily negligent. One would suspect that defense attorneys and insurance companies will reap the most benefit from the new law.

It has often been the law in Maryland that violation of a statue is evidence of negligence. It has also been the law of Maryland that if a plaintiff is found to be one percent negligent, the plaintiff is one hundred percent barred from any recovery. This is called contributory negligence. Defense attorneys will likely focus on violation of this statue to salvage what may otherwise be a lost cause. In any event, I can see attorneys on both sides focusing on cell phone records and issuing thousands of subpoenas for records during discovery. The bill may help make Maryland roads safer but it is going to kill allot of trees!

A Florida judge has required an insurance company to pay a paralyzed truck driver $14.6 million due to a 2007 accident. The plaintiff was driving an 18-wheeler when another driver ran a stop sign, cutting the plaintiff off. The truck driver swerved out of the way, and his truck overturned. The accident cost the plaintiff the use of both his arms and legs and left him with extensive medical bills. If the plaintiff had not swerved, the other driver would have been killed. The insurer for the truck driver denied coverage, so the truck driver sued.

I have successfully handled a number of major car and truck collision cases in Baltimore and other counties in Maryland. Truck collision cases in Maryland are especially complicated because the lawyer must know the intricacies of federal and state truck rules and regulations, maintenance requirements, inspections, limitations on the number of hours drivers may drive, etc.

In one recent Baltimore truck accident case that I handled, the driver of the truck that struck my client and caused significant brain damage had been involved in several other accidents before causing my client’s accident. I retained a very well respected trucking expert who said not only was the truck driver negligent for causing the accident, but the trucking company was negligent for continuing to employ the truck driver after several accidents. This resulted in a major million dollar plus settlement.

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