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The Dangers of Improper Truck Driver Training

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The attorneys of Murnane & O’Neill examine the factors that contribute to inadequate training of truck drivers, making them more prone to trucking accidents.

tumblr_nat7ile7kq1sfie3io1_1280Trucks are dangerous and complicated vehicles that require a great deal of responsibility and understanding for proper use. Additionally, some trucks carry cargo that is hazardous if improperly contained, which can further increase the risk of injury or death as the result of a truck accident. A truck accident can potentially endanger not only the driver, but the surrounding motorists on the road as well. Due to these risks, it is imperative that truck drivers are extensively and properly trained.

Studies suggest that inadequate training is the cause of almost a third of truck driving accidents each year. If training practices were improved, many of these accidents could be prevented in the future. One of the reasons for the current inefficiency of truck driver training is driver shortage. The demand for new drivers has led truck driving companies to implement rushed and insufficient training practices. The new hastily trained drivers lack the experience needed to make quick, safe decisions when faced with dangerous situations during long journeys.

The state of Maryland requires individuals to obtain a Commercial Driver’s License in order to operate a commercial truck. Yet, extensive training is not required in order for individuals to obtain this license. The burden of requiring adequate training is therefore left to trucking companies who are often too overburdened to expand their training initiatives.

While there are certain programs that offer on-the-road instruction, many commercial truck drivers who seek out additional training will find that their education is limited to classroom-style instruction, an inadequate substitute for real-life scenarios.

Company training typically involves a week-long class, followed by several sessions of hands-on training with the truck. During these sessions, instructors explain the various functions of the vehicle’s operating system and share important information about vehicle malfunction, maintenance and safety. Companies that specialize in the transport of sensitive or hazardous cargo only hire drivers with a certain amount of time behind the wheel, but some companies require new drivers to immediately begin working without supervision.

The consequences of putting inexperienced and improperly trained truck drivers on the road are multi-fold. Commercial trucks are more difficult to control than two-axel vehicles, and therefore have the potential to cause multiple-vehicle accidents if an inexperienced driver loses control. Other motorists and the families of those involved in truck accidents may seek damages, for which trucking companies will be held liable. It is therefore vital that trucking companies evaluate their current training systems and expand their programs to ensure that only safe and confident drivers are operating their vehicles.

If you or a loved one has been involved in a trucking accident, or you have questions about legal representation in an auto or truck accident case, contact the offices of Murnane & O’Neill today.

 

Winter Driving Safety Tips

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With winter weather comes driving hazards that can cause serious accidents. The general practice attorneys at Murnane & O’Neill suggest ways of preventing car accidents as the result of icy conditions as the temperature drops.

Slippery roads caused by ice and snow are a leading cause of car accidents. Roads with a lower coefficient of friction prevent tires from maintaining their grip on its surface, causing drivers to lose control of their vehicles. Faced with the challenge of such conditions, what can drivers do to maintain their safety while traveling to their destination?

The following practices will help to ensure that motorists set out for their destinations prepared for the challenges of winter weather conditions.

Pre-Planning for Winter Weather

  • Perform pre-snow maintenance. If you are in the market for new tires, be sure to purchase four with a tread thicker than 6/32 of an inch. Clean the inside of your windows and be sure that your windshield wipers perform sufficiently. Ensure that your headlights are visible prior to moving your vehicle.
  • Plan for every delay. Seek out detailed traffic and weather information about your entire route prior to leaving your house, and give yourself plenty of extra time in cases of unexpected obstructions and slowdowns.
  • Maintain a surplus of supplies. During periods of mild to severe winter weather, maintain a half a tank of gas at all times and frequently refill your vehicle’s deicer fluid. Keep blankets, outerwear accessories such as gloves, a flashlight, nonperishable food and any important medications in an emergency kit for the rare instance of a multi-hour traffic delay or breakdown.
  • Check vehicle specs and features. Most cars are equipped with anti-lock brakes, and many come with four-wheel or all-wheel drive. Additionally, models built after 2012 were required to have electronic stability control, which assists with back-wheel traction. All of these features cause vehicles to operate differently in winter weather conditions.

Maintaining your safety on icy roads isn’t only a product of advance planning. Motorists should also ensure that they are familiar with effective strategies and techniques for safe winter driving to reduce risks of harm to them as well as the other vehicles on the road.

Tips for Driving in Wintery Weather Conditions

  • Clear the fog. Quickly defrost your windows by turning your air settings on defrost mode and activating the air conditioner. The flowing air need not be cool – the fog will dissipate no matter the temperature.
  • Make yourself visible. Always turn on your lights while driving in questionable weather conditions.
  • Maintain control while braking. If you find yourself braking hard to avoid an obstacle, attempt subtle, gentle steering maneuvers to navigate around it. If the vehicle begins to slide, these gentle maneuvers will help direct the car back in the desired direction once control is regained. Avoid large jerking motions of the wheel that could cause further sliding by focusing your eyes on the direction in which you want your vehicle to move.
  • Avoid features that reduce driver control. During the winter, particularly in adverse weather conditions, it is best to avoid using cruise control and the parking brake, as they decrease motorists’ ability to maintain full control of their vehicles.

Using these tips, motorists can decrease their risk of a car accident due to dangerous winter road conditions. Should an accident occur, it is helpful to contact an attorney who specializes in car accident law to ensure that you receive the compensation you are afforded.

To speak to an attorney about your car accident or personal injury case, please contact the law offices of Murnane & O’Neill today.

Car Accident Injuries: Soft Tissue

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Two young paramedics wheeling a male patient on a stretcher out of an ambulance

Minor car accidents often seem harmless. However, just because injury symptoms do not appear at the time of the accident does not mean that they will not materialize at a later time. The experienced attorneys at the Murnane & O’Neill Law Firm outline soft tissue injuries that often go unnoticed after a car accident.

Soft tissue injuries occur on parts of the body including the skin, muscles, tendons and ligaments. These areas of a person’s body can suffer impact related injuries even in low speed collisions. This is because even a minor amount of force from a collision can cause an individual’s body to move in a way that places a large amount of stress on joints and other vulnerable areas.

Whiplash is one of the most common soft tissue injuries that people suffer during a car collision.  It is caused by the pressure placed on the neck muscles when trying to absorb the force of the collision during an accident.  Symptoms of whiplash may not be noticeable at the time of the accident, but generally appear within 24 hours after the incident occurs.  These include neck pain and stiffness, loss of range in neck movement, tenderness in shoulders and upper back, and dizziness, among others.

Other soft tissue injuries can take much longer to materialize.  Depending on the underlying condition, weeks can pass before symptoms such as pain, swelling, and reduced mobility affect an individual.  Since soft tissue injuries are not visible on X-rays, they can be difficult to detect and diagnose during post-accident examinations.

If you feel any level of pain or discomfort after being involved in a car accident, it is important to see a doctor right away.  Your doctor will perform an examination and additional diagnostic tests to determine if you have suffered any injuries from your accident. They will also document these injuries for legal purposes and provide you with advice on monitoring symptoms.  If it becomes necessary to file a personal injury claim related to your accident, it is important that your injuries and medical treatment have been documented. These records will help your lawyer to prove that you were required to seek medical treatment within a reasonable amount of time after the accident.

For more information on automobile accidents and personal injury claims, contact the experienced attorneys at Murnane & O’Neill.

DUI Laws to Understand Before Celebrating Fourth of July

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Alcohol consumption can be excessive during Fourth of July celebrations, and choosing to drive home under the influence can result in severe consequences. Here, the legal experts at Murnane & O’Neill detail what can happen if you are charged with a DUI.

Fourth of July celebrations bring with them fireworks, parades, barbeques and picnics—many of which often involve alcohol. While there is nothing wrong with consuming adult beverages while celebrating the birth of our nation, what you choose to do after the celebration ends could have major consequences.

In years past, a significant percentage of DUI-related accidents occurred on the Fourth of July or during related celebrations, leading to serious property damage, injury and many fatalities. Beside these horrifying realities, a DUI charge leaves a driver with a tarnished record, significant fines and potential jail time, among other penalties. This Fourth of July, celebrate responsibly, and know the facts before you consider running the risk of getting a DUI.

Maryland Legislators Attempt to Prevent DUI-related Accidents Through Noah’s Law

In an attempt to curb DUI-related accidents, Maryland legislators enacted the Drunk Driving Reduction Act of 2016, known commonly as Noah’s Law. This law makes ignition interlock devices mandatory for all drivers convicted of a DUI, DWI while transporting a minor under 16, or homicide or life-threatening injury while driving under the influence. Connected to the steering wheel and ignition of a car, these devices require a driver to measure their blood alcohol concentration (BAC) before operating their vehicle. The driver will be prevented from starting the ignition if their BAC is above a predetermined level, and the ignition device will require you to measure your BAC throughout your drive. First-time offenders are required to participate in the program for six months—second and third-time offenders for a year and three years, respectively.

Noah’s Law has also raised the required periods of license suspension. If a first-time offender has a BAC of .08 or above, the offender’s license will be suspended for 180 days. For refusing a sobriety test, the license suspension period is 270 days.

DUI Checkpoints

DUI checkpoints were declared constitutional in 1990 by the Supreme Court when “properly conducted.” This means that public notice of a checkpoint is required before it can be established. Additionally, police must set up roadway signs warning a checkpoint is ahead. Drivers must always be given the opportunity to turn around when made aware of a checkpoint without fear of being pulled over, unless they commit a traffic offense in the process. If, while going through the checkpoint, an officer is given reason to believe a driver is under the influence, due to erratic behavior or other indication, they may ask the driver to submit to a sobriety test.

Failing a Sobriety Test

You may be asked to submit to both a field sobriety test in the form of a physical capabilities test, or a portable breathalyzer test. While refusing to submit to either test is legal, an Order or Suspension can be immediately issued to you if you refuse. If you submit to a test, and have a BAC higher than .08, you will be arrested, advised of your rights and asked to submit to a chemical BAC test to officially record your exact BAC.

A first-time DUI conviction means the potential of facing a $1,000 fine, up to one year in jail, 12 points on your driving record and a six-month suspension of your license. A second conviction doubles these punishments, but will still give you 12 points on your driving record.

Murnane & O’Neill’s Pledge to Maryland Drivers

At Murnane O’Neill, the safety of our clients is our utmost concern. We ask that no one chooses to drive under the influence of alcohol or drugs this Fourth of July. However, a terrible mistake or temporary lapse in judgement does not leave one devoid of rights. At Murnane & O’Neill, we promise to fight for your right to a fair DUI trial. To acquire legal counsel, or for a consultation with an experienced DUI attorney, contact us today!

 

Car Accident Law: How to Proceed When the Other Driver Does Not Have Insurance

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Although car insurance is mandatory in the state of Maryland, some drivers choose not to obtain it, or do not have enough to cover a major accident. Here, the legal experts at Murnane & O’Neill explain best practices when an accident with a non- or minimally covered driver occurs.

Those driving without automobile insurance in Maryland could face thousands of dollars in fines or even jail time for multiple violations, and yet it is estimated that over 12% of drivers in Maryland are uninsured. A driver who chooses not to purchase car insurance may be far more likely to take unsafe risks on the road, leading to more car accidents. As such, it is critical to know how to proceed after being involved in a car accident with an uninsured driver.

Uninsured and Underinsured Motorist Coverage

Maryland law states that all drivers must have general liability car insurance, as well as uninsured and underinsured car insurance. This ensures that drivers are protected in situations where they are hit by an uninsured driver, but also in cases of hit-and-run and those when the at-fault driver’s insurance is not enough to cover the payout of the claim. The minimum coverage a driver must have in Maryland is $30,000 for bodily injury per person, $60,000 bodily injury per accident, and $15,000 for property damage.

Maryland statute of limitations requires drivers to file a lawsuit within three years of the date of the collision. A successful claim will typically cover medical expenses, lost wages and non-economic damages, typically referred to as “pain and suffering” damages. Underinsured car insurance helps cover the difference if the at-fault driver’s policy does not provide enough for the economic and non-economic damages caused by the collision. This is important, as many insured drivers only have the minimum coverage required, which may not fully compensate a victim for both economic and non-economic damages sustained in a major collision.

Reporting Uninsured Drivers

For the sake of reducing the number of uninsured drivers on Maryland roads, the Maryland Vehicle Association urges those involved in accidents with uninsured drivers to report them to the Insurance Compliance Division at the MVA Glen Burnie Office. Making a free report will help prevent others from facing your situation, and will allow the MVA to investigate the situation thoroughly.

Filing a Lawsuit

While you are able to file a lawsuit against an uninsured driver, it comes with specific challenges. Maryland is a “contributory negligence” state, which means that if you were even one percent at fault for the occurrence, you will be barred from any recovery. Controversy over contributory negligence aside, success in court does not necessarily mean a large payout—those without insurance tend to have little in personal assets, meaning there might not be anything to collect even if you win your case. Post judgment collections practice can be lengthy and often with little reward when dealing with someone who has little to no assets or income.

Uninsured drivers create unique challenges for their victims, which means that having experienced representation is critical to your car accident case. At Murnane & O’Neill, we work hard to advocate for you in and out of the courtroom, and ensure to our fullest capability that you get the justice you deserve. For more information, or for a free consultation, contact us today!

 

 

Evidence You Should Have for Your Car Accident Claim

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One of the best ways to ensure your legal success when managing a motor vehicle accident claim is to quickly and properly collect evidence. But, what evidence will help to bolster your case? Here, the personal injury attorneys at Murnane O’Neill explain what evidence you should have for your auto accident negligence claim.

Contact and Insurance Information of the Other Driver

This should be the first piece of evidence you collect. Exchange information with the other driver, being sure to get their name, address, license plate, phone number or email address, insurance information and make, model and year of their car. Do not rely on the police to provide this information to you in the form of an accident report. In most cases, an accident report is not generated. In order to pursue a claim against the other driver you will need their name and address at a minimum. Preferably, get their insurance information and policy number as well. Do not leave the scene without this information. The insurance company will ask you for this information when you make your initial claim.

Photos and Video of the Scene of the Accident

Pictures and video detailing the scene of your accident and the other vehicle are incredibly valuable, allowing your attorney and the insurance adjuster, and potentially a judge or jury, to correctly ascertain who is at fault. If you are in a condition that allows you to use your phone or a camera immediately after your accident, take multiple photos from a variety of angles and distances. Do not limit the photos to close up photos of property damage. Provide the viewer with an idea of the position of both vehicles. This is especially important if there is a dispute over who is at fault. A judge or jury should be able to understand the location of each vehicle within the roadway without having to piece together multiple photos. Visually document skid marks, the location of the accident, stop signs, lights and any other components of the scene that help to explain how the accident took place. If the other driver claims they were unable to see from where they were positioned, but you know this to not be true, take a picture from their point of view. Recording video may also be valuable if the other driver becomes aggressive or physically violent—although it is critical to keep your safety foremost in your mind, and call 911 immediately. A thorough documentation of the scene may be one of the most critical pieces of evidence you can collect.

Photos and Video of Property Damage

Visual documentation of the damage you and your property have sustained is also key. Take photos of any damage done to your car, yourself and surrounding property. If damage was done to the other vehicle, take pictures of that as well. Make sure to take pictures and videos that include close-up and far away shots, in order to fully catalogue the extent of the damage.

Police Reports and Medical Reports

It is always advisable to call 911 when you have been involved in a motor vehicle accident. This not only allows you to receive medical attention more rapidly, but also ensures that the police can arrive on the scene of your accident, in order to generate a police report or an exchange of information report. The police report will contain detailed information explaining the scene of the accident, and often the attending officer will record their conclusion of how the accident occurred. However, often times such a report is not generated. Therefore it is crucial that you get the other driver’s information, take photos of the positions of each vehicle, and note the specific location of the accident.

If you receive medical attention, it is important to detail how you were feeling prior to the motor vehicle accident and after the accident. A doctor’s report will document the extent of any injuries you sustain, as well as any treatment you require. This will be another report that an insurance adjuster, as well as your attorney, will need to see to understand the extent of your medical costs and injury. While not an official report, keeping a journal documenting the extent of your injuries and day-to-day pain can help your attorney to better represent you when determining what an adequate settlement would entail. It is important to keep in mind that insurance companies will frequently look through your social media to see if an injured person’s complaints conflict with their recent activities and photo posts.

The Personal Injury Attorneys at Murnane & O’Neill Want to help You Create a Strong Auto Accident Claim

The evidence you do and do not collect at the time of your auto accident can dictate how successful your claim is. If you or a loved one has been involved in an auto accident, contact Murnane & O’Neill today for a free consultation.

Hit and Run: Consequences and Penalties

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Hit and run crimes are not taken lightly, and if you are convicted, you can face serious penalties. Here, the legal professionals at Murnane & O’Neill explain what a hit and run is, the penalties if you are convicted and best practices if you are involved in a car accident.

No matter how serious or minor a car accident is, always stop. If you cause an accident, which creates property damage or bodily harm, and fail to stop, properly identify yourself, and render assistance, then you can be charged with a hit and run. This not only applies to highways and roads, but also to parking lots and driveways. So, if you hit a parked car and leave the scene without leaving insurance or personal information, you can be charged. Penalties for such grievances will vary, depending on how serious the accident is.

Even if you only cause property damage in a hit and run accident, the maximum penalty still involves jail time and a fine. The maximum, in this case, would be 60 days in jail and a $500 fine. Eight points can also be added to your driving record, which would cause the MVA to revoke your driving privileges.

Causing bodily harm means facing even steeper penalties, and if the harm is severe enough, it will be a felony charge. The most serious consequences for bodily harm include five years in prison, and a $5,000 fine. If someone is killed by the hit and run accident, charges will likely be raised to felony manslaughter, and will bring a maximum penalty of 10 years in prison and a $10,000 fine. Your license will be revoked in this instance as well.

So, what should you do if you are involved in an accident? As mentioned, always stop, no matter how small the accident seems. Get to a safe location if necessary, and assess the damage. If someone is hurt, call 9-1-1 immediately for medical assistance. Also call the police, and file a police report. This is the best way to ensure an accurate account of the accident is on record. Finally, exchange information with the other driver(s). Make sure to get their name, contact information, and insurance details.

Accidents are stressful, but leaving the scene of one only compounds the stress and consequences. If you have been involved in an accident, let one of our highly-qualified attorneys fight for you. For more information, contact Murnane & O’Neill, Attorneys at Law.  

 

About Our Firm

MURNANE & O’NEILL is a well-established and respected Personal Injury and Workers’ Compensation law firm located in Glen Burnie, Maryland. Since 1986, we have provided top-caliber legal representation to clients who have been injured throughout the State of Maryland, and even in many other states. We pride ourselves in handling legal matters aggressively and professionally. Our goal in every claim, no matter how large or small, is to maximize recovery for our client.

From our firm’s inception, we have maintained our vision and commitment to provide personal, “hands on” service by having direct contact with our clients. Your first meeting at Murnane & O’Neill will be with a lawyer – not an administrator or legal assistant. If you have been hurt as a result of someone else’s negligence or while you were on the job, it is important that you contact our lawyers right away at (410) 761-6800.

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