Who is Liable for a Maryland Truck Accident?

Written by Jobeth Bowers. Posted in .

Key Takeaways

  • Truck accidents are frequently life-altering experiences due to the high possibility of serious injury or death in these heavy vehicle collisions.
  • Liability in a large truck crash can differ significantly from other motor vehicle accidents as multiple parties can potentially be at fault for a collision.
  • Maryland has complex liability laws; however, a skilled truck accident lawyer can help you navigate state laws and intricate insurance landscapes.

Truck accidents can be devastating, leaving the victims with severe injuries, costly medical bills, and unanswered questions about who is liable for their damages.

Due to the complexities of Maryland’s liability laws and the unique challenges involved in truck accident cases, it’s often difficult for victims to understand which parties are responsible for compensation and if multiple parties can be held accountable.

By exploring the potentially liable parties in a Maryland truck accident, whether the truck driver, trucking company, or a third party, you’ll understand your rights and the steps to seek justice and fair compensation.

At Bowers Law, our experienced truck accident attorneys will guide you through the process, fight for your rights, and help you get the compensation you deserve.

Who is Liable for a Truck Accident?

Truck accidents are different from other types of motor vehicle accidents. A significant difference is that multiple parties can be potentially liable for an accident. Circumstances may differ if the truck driver is an individual contractor vs. an employee of a trucking company. Potentially liable parties include:

  • Truck driver
  • Trucking company
  • Cargo loading company
  • Truck manufacturer
  • Parts manufacturer
  • Maintenance or vehicle servicing providers
  • Safety inspector (missed violations)

Due to the complexities of liability when multiple parties are involved in a commercial truck accident, it is crucial to determine the source of negligence and prove fault.

What If Multiple Parties Caused the Truck Accident?

A blue truck and a damaged silver car are involved in a crash on a roadside. Several people gather nearby, with one individual taking photos. The area appears sunny and well-maintained.

If a truck accident investigation determines that multiple parties are responsible for the collision, a victim may be able to name several at-fault parties in their claim for compensation.

Whether it was the driver, truck owner, or another third party, insurance companies will be tirelessly working on their behalf to either place blame on the victim or to minimize the value of the accident claim. Most insurance companies will settle quickly to pay out less compensation.

If you or a loved one suffers injury in a truck accident, speaking to a skilled personal injury attorney as soon as possible is essential. Contact a knowledgeable truck accident attorney who can thoroughly investigate the crash. Identifying all negligent parties can increase the potential claim, and an experienced lawyer will know what to do.

How is Fault Determined in a Commercial Truck Accident?

Like other motor vehicle crashes, a victim must prove negligence in a truck accident case. These situations quickly become complex due to the various factors involved and the number of potentially liable parties. Factors to look at when determining fault in a truck accident include:

  • Trucker behavior: Were speeding, distractions, traffic violations, or driving under the influence involved? Did the commercial truck driver follow Federal Motor Carrier Safety Administration (FMCSA) safety regulations? Did any other driver’s actions contribute to the crash?
  • Trucking company responsibility: Did the company properly vet its drivers? Did it put undue pressure on drivers to work excessive hours or reach their destination more quickly? Perhaps they failed to maintain the vehicle adequately.
  • Truck or parts manufacturer: Were any defects present in the truck’s design, manufacturing, or parts that contributed to the cause of the accident?
  • Third-party cargo loaders: Was the cargo on the truck properly loaded and balanced?
  • Maintenance providers: Was proper maintenance and/or repairs made on the vehicle, or were problems overlooked or not adequately fixed?

Any of the above (or other potentially liable parties) owe you reasonable duty or care and could have potentially breached this duty, causing the accident. If your injuries directly result from their decisions, behavior, or actions, and damages occurred, they can be held liable.

How Can a Truck Accident Lawyer Help & Determine Who is Liable?

Due to the complexities typically involved in truck accident cases, a personal injury attorney with experience in truck accident cases is a valuable asset to have on your side. Your attorney can help with vital steps in the process, including but not limited to:

  • Gathering evidence
  • Taking witness statements
  • Preserving and examining evidence
  • Reviewing federal trucking violations
  • Analyzing truck driver logs
  • Reviewing maintenance records
  • Performing accident reconstruction
  • Identifying at-fault parties, including driver negligence
  • Valuing your injury claim
  • Negotiating with insurance companies

Determining truck accident liability in a crash requires a comprehensive investigation. An experienced personal injury legal team can help with this aspect of the process and help you build a strong case.

Why Truck Accident Victims Partner With Bowers Law

Bowers Law is often selected as a partner in personal injury cases because of our experience and credibility. We are a law firm known for our client-first approach. Our knowledgeable attorneys will sit with clients and listen to every client’s story.

Once we gather all the pertinent information in a case, we carefully craft custom solutions for our clients, considering their circumstances. If you select Bowers Law to provide legal advice and representation, you can count on our attorneys to be knowledgeable and approachable.

We are deeply connected to and involved with our community. We will never undervalue your case.

Testimonials

“Bowers Law was a tremendous team to work with when my husband and I were rear-ended by a U-Haul truck in November 2018. They were constantly communicating about the status of our case and went above and beyond to make sure we were compensated accordingly. I have recommended Bowers Law to anyone I know who’s been in an auto accident and will continue to do so. A first class law firm!” – Jaylene M.

“Bowers Law handled a few cases for me and delivered excellence every time. I have recommended them to family and friends and if I ever need legal services again I already know where I am going! Trustworthy, reliable and fair!” – Allison J.

“I called Mr. Bowers feeling anxious, confused and disrupted, with an auto accident injury that felt like I shouldn’t rush to finish proper treatment. Jobeth personally answered my call, listened diligently before saying to me “no worries” and set me up to speak with him. My best interest is what was offered and delivered 100%, without worry, through clear and supportive communication from each member of Bowers Law for the duration of my case.”- Karen H.

Additional Resources

Get the Compensation You Deserve After a Truck Accident

The experienced truck accident lawyers at Bowers Law won’t just help you secure compensation; we’ll work with you to help you properly allocate your settlement money to build a brighter future. We will not only work hard on your case, we’ll deliver. Call or text us at 410-885-6200 to schedule a free consultation or complete our online contact form.

Frequent Answered Questions

How Do You Prove Negligence in a Truck Accident Case?

They are negligent when a party fails to fulfill their legal responsibilities and causes an accident. The duty of care must be established, the breach of duty proven, damages demonstrated, and causation shown. In these complex cases, it is recommended that you work with a skilled Maryland attorney.

What Evidence is Needed to Establish Liability in a Truck Accident Case?

Specific evidence will be needed to prove liability in any type of car accident case, including, but not limited to, photos or video from the accident scene, a police report, eyewitness testimonials, driver logs, truck maintenance records, black box data, surveillance footage, witnesses, and driver phone records.

What Are the Types of Compensation Available in a Maryland Truck Accident Claim?

In a Maryland truck accident case, truck accident victims can pursue economic and non-economic damages against the responsible parties.

Economic damages are financial losses, such as medical expenses, future medical treatment, property damage, lost wages, loss of future earning capacity, surgery, medications, and other quantifiable expenses.

Non-economic damages are more challenging to quantify, but they are justifiable losses, such as pain and suffering, emotional distress, mental anguish, loss of consortium, loss of a family member, and loss of enjoyment of life.

How Long Do I Have to File a Lawsuit After a Truck Accident?

Maryland has a three-year statute of limitations for filing a case. Therefore, you should obtain help from an attorney and file a claim as soon as possible. Over time, evidence can disappear, reducing your chances of getting fair compensation. Under certain circumstances, the filing timeframe may be extended; always consult with a personal injury lawyer.

Jobeth Bowers

Written By Jobeth Bowers

Maryland Attorney Jobeth Bowers is the founder of Bowers Law and a graduate of the University of Baltimore School of Law

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