Maryland Trucking Company Declared "Imminent Hazard to the Public"

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) declared Maryland-based trucking company, Gunthers Transport, LLC, an imminent hazard to public health and ordered the trucking company to immediately cease all transportation services. FMCSA issued an imminent hazard out-of-service order against Gunthers following an exhaustive review of the company's operations, which found multiple hours-of-service and vehicle maintenance violations. "Safety is our number-one priority," said U.S. Transportation Secretary Ray LaHood. "Commercial truck companies that recklessly disregard federal safety regulations will be shut down and removed from our roadways."

Gunthers was immediately shut down after FMCSA safety investigators found patterns of hours-of-service and vehicle maintenance violations that substantially increased the likelihood of serious injury or death to the motoring public. FMCSA discovered that the company allowed its drivers to falsify their hours-of-service records and exceed the 11-hour limit for daily driving. In addition, Gunthers did not require its drivers to perform pre-trip vehicle safety inspections, operated trucks that were in such poor condition they were likely to break down and posed a high crash risk based on its on-road performance record. One Western Maryland man, injured 17 years ago as a result of truck accident involving Gunthers' tractor trailer, was left crippled suffering from severe brain damage. The Western Maryland man, who is now 49 years old and living in a nursing home, won a lawsuit where a jury awarded him $13 million for his care. He has not seen a penny of that money because Gunthers declared bankruptcy and reformed under another name.

There is a new proposal for trucking regulations that involves decreasing the amount of consecutive hours that a trucker can drive from 11 to 10. Lobbyist from both sides have been arguing their case in Washington, D.C., including a Maryland man who lost his wife as a result of a truck accident. In addition to the loss of his wife, both of the Maryland man's sons were seriously injured as a result of the truck accident. Somehow the argument has become a partisan issue. Republican lawmakers and pro-trucking lobbyists argue that a reduction of the hours from 11 to 10 could cost the trucking industry millions of dollars during an already difficult economic time. The families of those who have lost loved ones, as a result of a tractor trailer accident, argue that the issue is not a Democrat/Republican issue but an issue of public safety.

Carroll County Bicyclist Killed When Struck by Tractor Trailer

On Tuesday, August 24, 2010, Arthur John Martin, Jr., 51, a retired police officer, was riding his bicycle on Maryland 75 in Carroll County when he was struck by a tractor trailer.  The tractor trailer driver, Anthony Edward Woodie, 37, was operating his 1985 Peterbuilt on Shepherds Mill Road and was turning right on Maryland 75 when he failed to yield the right of way and struck Mr. Martin.  It was reported that Mr. Martin was thrown from his bicycle and then struck by the tractor-trailer.  He was pronounced dead at the scene.



The Maryland State Police crash team are still investigating this accident and charges are currently pending against the tractor trailer driver.  There is no evidence to suggest that alcohol or speed contributed to this accident. This is yet another example of why the question keeps being raised, "Whether motorists should share the roads with bicyclists?"  Clearly, a 25-pound bicycle is no match for a 10,000-pound truck.  Bicyclists should be lobbying for designated bike lanes for bicycle safety.  Recently, advocates for the League of American Bicyclists were at the Capitol expressing their excitement over the bike lane extending between the Capitol and the White House.  If they can have them in Washington, D.C., why not everywhere?

If you, a family member, or someone you know has been involved in a bicycle accident, truck accident or automobile accident, please contact one of our Maryland Accident Lawyers for a free consultation or visit us on the web at http://www.portnerandshure.com.

Husband and Wife Mishap Turns Tragic in Harford County

A tractor trailer kills a D.C man and seriously injured his wife in an accident on I-95 north of Mountain Road in Harford County on Wednesday, February 24, 2010. Leonard Clark and his wife, Kimberly Clark were operating separate vehicles, a Dodge Charger and Dodge Durango when they collided with each other. The couple then exited their respective vehicles and were standing in the roadway when a tractor trailer driver attempted to stop, but jack-knifed and struck both of them. Mr. Clark was pronounced dead at the scene and his wife was transported to Maryland Shock Trauma in critical condition.

I-95 was closed for several hours while Maryland State Police conducted their investigation, which is still ongoing. No charges have been made as the Maryland State Police reports it's too early in the investigation.

Tractor trailer accidents are considered to be one of the most catastrophic accidents due to their weight and size. Typically anyone that is struck by a tractor trailer is at risk for sustaining serious bodily injuries or dying. Additionally, accidents commonly involve cars or pedestrians who are on the side of the road. My advice is to not discuss anything on the immediate side of the road, get as far away from the highway as possible.

If you, a family member or someone you know has been involved in a truck accident or if you need more information on these types of accidents, please contact Portner & Shure for a free consultation.

Tractor Trailer Accident Due to Inclement Weather: Enough Already!

Recently the focus in Maryland has been directed to the cold weather conditions and the amounts of snow that the region has experienced this winter. However, in the past few weeks the area has been also experiencing severe winds. Naturally weather plays a very important role in our driving conditions.

Last week, a tractor trailer was blown over as the result of such heavy winds causing US Route 15 in Frederick County, Maryland to be shut down for a two-hour period. No major injuries were reported as a result of the overturned trailer.

As with snow and heavy rain, a driver still maintains an obligation to drive at a reasonable and prudent speed with is consistent with the current weather conditions. In other words, if a driver is traveling at the posted speed limit, he or she can still be found negligent of exceeding a safe speed if the weather conditions are hazardous.

This issues was all over the news during the recent snow storms. Jack knifed tractor trailers crashed on Interstate 95 and left traffic snarled for hours. The question we are left with, is when the weather is clearly too dangerous for most cars to drive in, should tractor trailers be allowed on the road? In other words, shoulder there be a certain snow accumulation, or wind speed, used to determine that trucks should then be prohibited from operating. Tax payers and folks stuck for hours behind jack-knifed trailers may benefit more than the truckers who are in a rush to get a delivery done.

If you, a family member, or someone you know has been involved in motor vehicle accident due to inclement weather or if you would like more information on truck accidents, please contact Portner & Shure for a free consultation.

Tractor Trailer Driver Loses Control of Vehicle

Operators of commercial vehicles are required by law to carry a license specific to the size of the tractor trailer that is being driven. For example, a "Class A" license is required for operators of a vehicle with a weight in excess of 25,000 pounds. An operator of these larger vehicles has an obligation to use the appropriate standard of care when maneuvering such a vehicle. All drivers must be careful when sharing the road with these vehicles as the shear weight and size could make even the slightest of accidents deadly.

An example of how important it is to have experienced drivers behind the wheel of these large vehicles came in the form of an accident that occurred earlier this week on Interstate 70 in Frederick County, Maryland. A tractor trailer driver lost control of his vehicle when he struck another tractor trailer before crossing the road and striking the guardrail located in the median of the highway. Although no injuries were reported, the accident did cause clean up crews from the Maryland Department of Environment and Frederick County Hazmat units to clean up a fuel leak. This clean up required the lanes of Interstate 70 to be limited to one lane for a period of three hours.

If you, a family member, or someone you know was involved in a truck accident with a tractor trailer or if you would like more information on motor vehicle accidents, please contact Portner & Shure for a free consultation.