The process of determining liability following a truck accident can be much more complicated than in other accident cases.
Unlike car accidents, which usually boil down to some combination of driver error, vehicle malfunction or road conditions, accidents involving large commercial trucks may have many other contributing factors that are unique to the trucking industry. For this reason, it is important for truck accident victims and their families to seek the advice of an attorney familiar with the more nuanced aspects of truck accident cases.
In order to establish liability and recover compensation, it is first necessary to identify every possible person or business entity responsible for the crash. Potential defendants in a truck accident case may include:
Truck Driver – Commercial truck drivers are responsible for following the same driving rules as all other drivers. This includes avoidance of dangerous driving behaviors such as speeding, aggressive driving, distracted driving and driving under the influence. Truck drivers must also adhere to additional standards as directed by the Federal Motor Carrier Safety Administration. This includes following hours of service rules, keeping a blood alcohol level under 0.04% and maintaining detailed records regarding driving times and vehicle inspection.
Trucking Company – Trucking companies must ensure that the drivers they employ are qualified and properly licensed. This includes conducting background checks and random screenings for drug or alcohol abuse. Furthermore, employers are prohibited from requiring or encouraging drivers to break federal safety regulations.
Freight or Loading Company – In some cases, the shipper may be held liable for a truck accident caused by improperly secured or overloaded cargo. Shippers are also responsible for ensuring proper labeling of hazardous materials.
Truck or Equipment Manufacturer / Repair Shop – Trucks are equipped with highly sophisticated parts and technology, all of which are essential to the safe operation of the vehicle. If equipment fails because of a manufacturer’s defect, or because someone failed to install or repair a part correctly, the manufacturer of the part or the repair shop may be held liable.
Overcoming Contributory Negligence
The rule regarding contributory negligence in Maryland can make it exceptionally difficult for truck accident victims to recover compensation. Under this rule, victims are barred from recovering damages if they were even slightly to blame for the wreck. Because of this, victims are advised to seek an attorney with proven ability to overcome a contributory negligence defense.
