Unlike car accidents, which usually lead to a combination of driver error, vehicle damage 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 victims of truck accidents and their families to seek advice from a lawyer who is familiar with more nuanced aspects of truck accident cases.
To establish responsibilities and recover compensation, it is first necessary to identify any person or business entity that may be responsible for the accident. Prospective defendants in truck accident cases can include:
Truck drivers - Commercial truck drivers are responsible for following the same driving rules with all other drivers. This includes avoiding dangerous driving behaviors such as speeding, aggressive driving, disturbing driving and driving under the influence. Truck drivers must also comply with additional standards as directed by the Federal Motor Carrier Safety Administration. This includes several hours of the following service rules, keeping blood alcohol levels below 0.04% and keeping detailed records of driving times and vehicle inspections.
Transportation Companies - Transportation companies must ensure that the drivers they employ have the appropriate qualifications and licenses. This includes conducting background checks and random screening for drug or alcohol abuse. In addition, employers are prohibited from asking or encouraging drivers to violate federal safety regulations.
Freight or Loading Companies - In some cases, the sender can be held responsible for truck accidents caused by improper transport or excessive cargo. The sender is also responsible for ensuring proper labeling of hazardous materials.
Truck / Equipment / Workshop Manufacturer - Trucks are equipped with highly sophisticated components and technology, all of which are important for safe vehicle operation. If the equipment fails due to a manufacturer's defect, or because someone fails to install or repair parts correctly, the manufacturer of the part or workshop may be held responsible.
Overcoming Negligence Contribution
Rules regarding negligence in contributing to Maryland can make it very difficult for victims of truck accidents to get compensation. Under this rule, victims are forbidden to recover damage if they are even slightly blamed for the accident. Therefore, victims are advised to look for a lawyer with a proven ability to overcome the defenses of contributing negligence.
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