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.

What Is the Difference in Maryland Between a Survival and a Wrongful Death Action?

When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Maryland wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Maryland personal injury lawyer can also bring what is called a survival action on behalf of the victim's estate. A survival action claims recovery for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death.

In a wrongful death action in Maryland, the amount immediate family members can recover is determined by the emotional and financial harm they experienced as a result of their loss. In a wrongful death case the estate of the decedent is not involved and the family members of the victim are acting entirely on their own behalf. In a survival action in Maryland, the amount the decedent's estate can recover is determined by the harm to the actual victim. The representative of the estate brings the lawsuit on behalf of the decedent.

The Maryland personal injury attorneys and Maryland wrongful death lawyers at Portner & Shure are experienced in handling these types of lawsuits. Our attorneys balance professionalism, aggressiveness and compassion when we represent client's who have lost a loved one.

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 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 their 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 fact that the Plaintiff was able to replace his tires and complete his drive, and that the Plaintiff waited for over a month until seeking medical treatment for his injuries.

Truck accidents are widely considered to be the most likely type of automobile accident to inflict serious injuries on the individuals involved.  Serious injuries call for serious legal representation.  The attorneys of Portner & Shure have countless years of experience representing the victims of truck accidents.  The firm is represents truck accident victims in Maryland, Virginia and Texas.  If you or a loved one has been injured or killed in a truck accident, please contact Portner & Shure.