What you need to know in terms of proving a liability within truck accident personal injury claims.
Truck accidents are unfortunately very common throughout Maryland, Virginia and the D.C. area, and all of these cases involve large commercial vehicles that can create very dangerous injuries when involved in collisions. We understand how truck accident victims keep compensation recovery as a to priority, and how difficult it is to even imagine fully absorbing all of your medical costs, lost wages, future costs and other damages.
Health insurance coverage will only go so far, and you’ll undoubtedly need support when it comes to obtaining the necessary financial resources for physical rehabilitation, your overall trauma coping, any necessary home renovations to assist with long-term disabilities and so much more. We are more than confident that our MD truck accident attorneys will help you determine all your damages after a truck accident, but before we do that we have to undoubtedly prove which party/entity was responsible for the crash.
Determining liability within truck accidents is a lot easier said than done because these are such complex personal injury cases, so on this page, we are going to dive into the finer details that you should know about when it comes to determining liable parties so you can better understand how to file valid claims.
If you or a loved one was injured as a result of a truck accident that was caused by someone else’s negligence, then you should contact us for a free consultation so we can go over the details of how your accident happened and begin the initial steps of our own comprehensive, independent investigation.
Establishing Liability in Truck Accidents
There’s no doubt about it that truck accidents are much different than typical car collisions, which is why they require a somewhat different legal approach. First of all, there are several more regulations and laws that are important considerations when it comes to truck accidents. This is partly because both state and federal laws come into play when regulating the entire trucking industry.
It’s also important to understand that there are some situations in which a driver’s negligence was not the root cause of a trucking accident, and some factors may make a business entity the liable party in these types of personal injury cases. Liability in trucking accidents simply could fall on several different parties, and sometimes multiple parties per claim.
Our team of experienced personal injury attorneys has handled these types of cases before and knows how to properly investigate a trucking accident to fully decipher who caused your injuries. Some common defendants in trucking accident claims that could be held liable include the following:
The Truck Driver — The driver of the truck is almost always the first person that comes to mind when it comes to proving a liability within trucking accidents. There are many times in which a driver is liable for the injuries involved in an accident due to their speeding, reckless driving, driving under the influence, or distracted driving at the time of the collision. A truck driver is generally held liable when they fail to perform their work duties in a safe manner or are proven to fulfill the fundamental elements of negligence.
The Truck Driver’s Employer — There are situations in which a truck driver’s personal negligence is attributed to the trucking company they work for, which essentially means that the company is liable for the actions of their employees. There are also situations in which a company is responsible for the accident’s occurrence, regardless of the driver’s negligence. The common example of this is when the company fails to undergo the proper training, hiring, supervision, or termination of any specific driver. Some ways this type of employer negligence is proven is through the lack of driver background checks, any type of record-keeping failures, or any instances in which a company forced a driver to work too many hours.
The Truck Driver’s Employer — There are situations in which a truck driver’s personal negligence is attributed to the trucking company they work for, which essentially means that the company is liable for the actions of their employees. This is a crucial point where understanding the difference between “negligence vs gross negligence” becomes important. While negligence refers to a failure to exercise reasonable care, gross negligence implies a more severe lack of care or reckless disregard for safety and standards. In some cases, the company’s actions, such as failing to properly train or supervise drivers, might elevate a claim from negligence to gross negligence. These distinctions can significantly impact the nature and extent of liability in trucking accidents. Some ways this type of employer negligence is proven is through the lack of driver background checks, any type of record-keeping failures, or any instances in which a company forced a driver to work too many hours.
The Truck’s Manufacturer — Product liability claims are also common when it comes to trucking accidents. If a commercial truck was designed, manufactured or assembled in any type of way that could be proven to be negligent, then the manufacturer of the truck could potentially be held liable for the damages associated with the accident.
A Parts Manufacturer — Sometimes the truck was manufactured and maintained correctly, but a specific part on the truck wasn’t. When defective parts are proven to be in play within a truck accident, the party who either manufactured the part or added the part on afterward could be held liable for the accident’s damages.
Truck Loaders — There have always been very specific ways in which professional trucking companies safely load, secure and transport their cargo. So if a truck was loaded improperly, this could be a reason why the commercial vehicle created the accident. In this situation, it would be the truck loaders or their employer who is held liable for the accident’s damages.
An Outside Party — There are countless other parties/entities that could be held responsible within trucking accidents, and this will always depend on the specific facts surrounding your case. Some examples of third parties in trucking accidents include shippers, receivers and brokers who could be held liable within unique scenarios. Other drivers/pedestrians could have obstructed the roadway or acted negligently, which then caused the truck’s trajectory to become altered, subsequently leading to the accident. These situations typically will involve eyewitness testimonies and investigations towards an array of evidence to help determine this kind of liability.
We’ll always make sure we are using much more than just police and witness reports when conducting our investigations. One thing we always do in these cases is looking through a truck driver’s required logs that detail their hours have driven/worked, as well as the vehicle’s maintenance records and reviews.
All of these additional documents can help better determine the proper liable party within a trucking accident claim. We understand the necessary processes that are required when it comes to properly request and reviewing these pieces of evidence while we are working diligently to fully establish the liability involved with your truck accident case.
Other pieces of evidence we’ll gather to help prove negligence and overall liability include:
The accident’s police report
Criminal charge/conviction documentation associated with the accident
Witness statements
Photographs and videos of the accident scene, including each involved vehicle
The truck’s data recorder
The driver’s work/cell phone records
The driver’s background information, including training and driving records
The company and truck’s maintenance records
Expert opinions
Recovering Your Rightful Compensation
Insurance policies tend to be much different for commercial trucks, so it’s always crucial to have an experienced truck accident lawyer on your side who knows how to negotiate with insurance providers and other lawyers when it comes to the magnitude of damage recovery that’s typically associated with trucking accidents.
Once you’ve been able to successfully establish liability within a trucking accident, it’s then necessary to establish what damages you’ve sustained. Some of these damages can include:
Wrongful death
Wage loss
Medical expenses (past and future)
Pain and suffering
Mental anguish/emotional distress
Disability/disfigurement
Loss of earning capacity
Loss of quality of life
Loss of companionship and society
Property damages
Punitive damages
Contact a Maryland Truck Accident Attorney Today
We understand how truck accident injuries can ultimately have a devastating effect on a victim’s life, which is why our team of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys are here to help you maintain financial security while you recover from your injuries. Every truck accident case is unique, so we’ll be ready to put in the necessary investigation to help you fully determine who was liable for your accident and who owes you your rightful compensation.
Don’t hesitate to contact us for a free consultation if you have any questions or concerns about how you can be successful in your truck accident case.
