Commercial vehicle crashes can exact a terrible physical, emotional, and financial toll on you and others riding in your car. Following one of these events, the question is not whether someone can be held responsible for your losses but who can be held liable in a truck accident.
Unlike a serious wreck with someone driving a personal passenger car, there can be numerous individuals and companies whose carelessness played a role in your Maryland truck accident. Identifying who these people and entities are is the first essential step toward recovering the compensation you deserve for your injuries and associated expenses.
Parties That Can Be Responsible for Your Trucking Accident Injuries
Identifying all who can be held liable for a truck accident is an essential step in obtaining the compensation you need and deserve for your injuries.
In general, there are several categories of entities and people who may be liable in a Maryland truck accident lawsuit. A knowledgeable and skilled attorney will look at the specific facts of your case to determine which of the following might have contributed to your accident in some way:
The Truck Driver
The individual at the controls of a heavy truck is responsible for safely operating their vehicle. The driver’s liability does not depend on whether they can lawfully operate a commercial vehicle. Instead, any truck driver and their insurer can be legally responsible if that driver committed a negligent act behind the wheel.
Common examples of negligent driving that can lead to legal liability for the truck driver include:
- Driving too fast for the road, weather, or traffic conditions
- Knowingly operating an overweight truck
- Making aggressive maneuvers and turns
- Following other vehicles too closely.
Driving while intoxicated or distracted is also negligent — even reckless — behavior. Drivers who do this and cause a wreck are sure to face legal repercussions.
The Driver’s Employer
Employers of truck drivers are usually responsible for the injuries and damage their drivers inflict on others. A case for employer liability is especially strong if the employer failed to properly screen a dangerous driver before hiring them, continued to employ a driver who had a history of committing traffic violations, or did not train or equip a driver for safe driving.
An employer can also face liability if they directly or indirectly encourage a driver to violate safety laws. For example, companies can be responsible for damages if they require their drivers to exceed federal hours-of-service limits or provide financial incentives to those who do.
The Freight Company
The person or entity who loaded a tractor-trailer’s load can also be held liable. A truck driver can lose control if the cargo’s weight is not evenly distributed or secured. This situation can occur if those loading the cargo onto the trailer are rushing or not paying attention to what they are doing.
Another Driver on the Road
Just because a commercial vehicle caused your injuries, this does not mean the truck driver is the only negligent party on the road. Another vehicle may have committed a negligent or reckless act near the truck, such as cutting the truck driver off. If this act contributed to the trucker’s loss of control of their vehicle and the ensuing wreck, the driver who committed it should be held responsible.
Repair and Maintenance Companies
Trucks and large commercial vehicles need regular maintenance and repairs. Truck drivers and trucking companies depend on qualified mechanics to identify potential safety issues with trucks and to fix them. If these mechanics fail to notice or properly address these defects, they can be responsible for tire blowouts and other mechanical defects that lead to crashes.
City and State Agencies
Roads are designed and maintained by government agencies. These agencies can face legal liability if they fail to fulfill their duties and obligations responsibly.
Contact Steven H. Heisler at (410) 625-4878 for assistance in obtaining full and fair compensation for your injuries after a Maryland trucking accident.
Why Is It Important to Identify Who Can Be Held Liable for a Maryland Truck Accident?
Maryland law holds all parties whose actions contributed to a trucking accident jointly and severally liable for the injured victim’s losses. For example, suppose that a jury hearing a severe truck crash case determines that the truck driver and company are 60 percent liable for the crash and the freight company is 40 percent responsible. The injured victim sustained $100,000 in damages.
In this situation, Maryland’s joint and several liability laws would require the truck driver and company to pay the full $100,000. They could then file a contribution claim against the freight company to recover $40,000, which represents the value of the damage that the freight company caused.
This becomes important because not all at-fault parties have the same financial resources to pay your compensation claim. A self-employed trucker may not have the insurance coverage or financial reserves to pay damages associated with a severe traumatic brain injury. However, the freight company or business that employed the driver may be able to address those losses.
The more responsible parties you identify and successfully sue, the greater the likelihood of receiving the full amount of compensation you deserve. Those parties who do pay can then worry about recouping their losses from the other liable parties who did not pay their fair share of your damages.
The Importance of Experienced Legal Counsel in Maryland
Trucking accidents are complicated collisions in which several people’s negligent choices may play some role. Maryland law does not require you to sort out the degree to which each party’s actions contributed to your crash. All defendants who are found liable in some way can be held jointly and severally liable for paying you damages.
However, it falls to you to identify and sue all parties who can be held liable for a Maryland truck accident. This can necessitate a thorough investigation — one which is made easier with the help of an experienced and resourceful attorney.
Steven H. Heisler can help you recover compensation following any trucking accident in Maryland. Contact him at (410) 625-4878 and request your free case evaluation to get started.