To begin, you have to identify who you’re going to file your claim against. This is an important consideration, as it will shape how you approach your case and what sort of compensation you’ll be able to recover if you succeed on your claim. So, let’s dive in and look at the parties that might be responsible for your accident and thus liable for the harm that’s befallen you.

Depending on the facts of your case, there might be multiple parties that you can sue to try to find accountability and recover compensation. They include:

• The delivery driver: Just like with any other accident, you can file a claim against a delivery driver whose negligence led to your accident and thus your injuries. To succeed here, you’ll have to successfully prove, by a preponderance of the evidence, that they violated the basic standard of care owed to you. Such a showing can be supported by evidence that the delivery driver was distracted, broke the law or failed to act reasonably under the circumstances leading up to your accident.
• The truck or van company: If the driver is employed by a truck or van delivery company, then you might be able to sue that company through a theory of law known as vicarious liability. Here, you argue that the employer is responsible for the actions of their employees. To successfully argue this, you merely have to show that the delivery driver was negligent and, at the time they caused your accident and your injuries, they were performing job duties for the benefit of their employer.
• The truck or van’s manufacturer: Sometimes accidents are caused by a manufacturing defect that automatically rendered the vehicle unsafe. If you can prove that was the case and that the safety issue in question caused your accident, then you might be able to persuade a court or a jury that the manufacturer is to blame for your harm. Proving this type of case will require close scrutiny of manufacturing records as well as maintenance and repair records pertaining to the vehicle in question.
• Third-party drivers: Sometimes there are multiple parties responsible for a wreck. When that’s the case, you need to be sure to loop them all into your legal claim so that you can recover the full scope of the compensation that’s due to you. Of course, you’ll have to prove your claim as to each party, so don’t skimp on building your case against each of them.

Fight for justice and the compensation that you deserve

If you want to maximize your chances of closing this chapter of your life and walking away with the compensation that you need, then now is the time to start building your personal injury case. That can be difficult to navigate when you’re coping with the daily challenges of your recovery, but you can’t sleep on your rights. So, consider discussing the matter with your attorney so that you can come up with a legal strategy that targets the outcome that you want.

The long hours can become tiresome and lead to distracted driving, resulting in a serious accident. If you have been in an accident with a large truck, you are likely to have suffered the most damage.

Healing and recovering from a truck accident may take weeks or months—or worse. Your injuries could leave you permanently disabled and unable to go back to work.

Proving a truck driver caused your accident because they were distracted could provide you with compensation for these and other losses. But proving distraction is challenging.

You need strong, direct evidence to prove truck driver distraction. Using a phone while driving is one common form of driver distraction.

Cell phone records and witness testimony

Obtaining the truck driver’s cell phone records for the day of the accident can help prove driver distraction. Using a handheld cell phone and texting while driving is illegal in Maryland.

Phone records showing that the truck driver was talking, texting or using the phone in any other way at the time of the accident is strong evidence of distraction.

Witnesses can be another form of evidence to prove truck driver distraction. Police officers who responded to the accident scene could be important witnesses if the truck driver admitted to being distracted.

Other ways to document evidence from the accident include obtaining copies of the police report, accident report or any tickets issued to the truck driver.

Additional testimony from other drivers who witnessed the accident can help prove distraction. Perhaps another driver saw the truck driver swerving off the road, drifting into other lanes or on their phone.

Review traffic cam footage. This is another valuable way to prove distraction. Many of Maryland’s highways have traffic cameras. The footage can show if a driver was looking at a phone or away from the road when the accident occurred.

Accident reconstruction specialists

Depending on the facts of your case, you may want to consider using expert witnesses such as accident reconstruction specialists. An accident reconstruction specialist is professionally trained in analyzing the causes of an accident and contributing factors.

An accident reconstruction specialist will carefully examine the physical evidence from your accident scene. This evidence might include damage to the vehicles, skid marks, tire tracks and the distribution of debris. They will document and interpret physical evidence to help recreate a snapshot of what happened before and during the crash.

Establishing negligence is required in any truck accident case. Showing a truck driver was distracted is just one piece of proving negligence.

The facts of your case must meet the four elements of negligence. This means showing the truck driver had a duty to obey the traffic laws and breached that duty by being distracted. You must then show that the distraction resulted in the accident and caused your injuries and vehicle damage.

Aside from being the seat of the federal government, the area is also a major commercial center. Interstate 95, the major route up and down the East Coast, and other major transportation routes run through the area.

Of course, whenever there are tractor-trailers, there is also a potential for more truck accidents.

At a high level, truck accidents work the same as any other motor vehicle accident. Those legally responsible for the accident, even if they had no intention of causing a wreck, must pay compensation to their victims.

However, for many reasons, getting a trucking company or its insurers to pay the compensation a victim needs to move on with life can be very difficult:

• Given their large size, commercial trucks cause more damage if they crash. Victims often have very serious and debilitating injuries that cost millions of dollars in losses, not to mention the emotional cost of the victim’s pain and stress.
• Trucking companies and the organizations that insure them are often highly motivated to fight both to protect their bottom lines and their reputations. They may deny responsibility for the accident or argue that they owe only a fraction of what a victim is claiming.
• The trucking industry is subject to many different rules and regulations that could come into play in a negligence case.
• Tractor trailers operate very differently from cars and other vehicles. To give just one example, while it is also possible to overload a car, weighing tractor-trailers down with cargo is a common problem. An overloaded truck is prone to tipping, sudden brake failures and other mechanical issues that can cause a crash.
• There is a lot of pressure on both trucking firms and independent drivers to turn profits. This pressure can lead to poor decisions, like continuing to drive a truck when one is too tired. To give another example, some companies may use high gas prices as an excuse to overload their vehicles.

After a truck accident, victims and their families need to understand their options

There will be a lot for victims and their families to do after a truck accident. Even after the emergency passes, victims may require ongoing personal and medical care. They may also have to figure out quickly how to re-arrange their finances to make ends meet.

In the process, though, given how complicated truck accident claims can be, victims should not forget to make sure they understand their legal rights and options. Not understanding their next steps could mean victims miss out on the compensation they deserve.

Maximum semi-truck weight

In Maryland, the gross weight of a semi-truck cannot exceed a certain weight depending on the number of axles on the vehicle. If there are three or fewer axles, the semi-truck cannot weigh more than 55,000 pounds fully loaded. If there are four axles, the semi-truck cannot weigh more than 66,000 pounds fully loaded. If there are five axles, the semi-truck cannot weigh more than 80,000 pounds fully loaded.

Dangers of overloading

Exceeding these maximum weights can make operating a semi-truck very risky for other motorists sharing the road. An overloaded semi-truck can:

• Make it difficult for truckers to judge how quickly the vehicle can come to a stop, especially if speeding or travelling downhill
• Raise the vehicle’s center of gravity, which risks the chance of a rollover
• Cause a tire blowout, or
• Cause the truck’s load to fall out of the vehicle, obstructing the roadway

Simply put, an overloaded semi-truck can lead to trucking accidents, which are often catastrophic due to the heavy nature of a semi-truck.

Consequences for truck accidents

If a trucker causes a truck accident, they may be held liable for the crash. If they are an employee, rather than an independent contractor, their employer may also be held liable for the crash through the legal doctrine of vicarious liability.

To prove liability, the accident victim must show the trucker and/or employer was negligent. Truckers have a duty of care to ensure their vehicles are not overloaded as overloading is a safety risk. Employers have a duty of care to ensure they do not incentivize or order truckers to overload their vehicles.

A breach of these duties that cause crashes that were foreseeable can lead to liability.

A violation of trucking regulations is another way to show liability. This includes violations state weight regulations, along with violations of federal regulations such as hours-of-service regulations.

To show a violation of a trucking regulation constituted a breach of duty, the crash still needs to be the actual cause of the crash and a foreseeable consequence of violating the regulation.

Don’t assume semi-trucks are safe

It is natural to assume that the semi-trucks sharing the road with us are carrying their loads safely, but sadly many truckers choose to overload their vehicles putting other drivers’ safety at risk.

Truckers may be under the impression that if they overload their vehicle, they can transport more cargo to their final destinations, which could result in more money in their pocket.

However, an overloaded truck is at risk of causing a crash. Moreover, weigh stations are often closed, meaning there is a lack of accountability.

These factors combined can lead to a truck crash, in which the trucker and their employer might be held liable to the accident victims who were harmed by the truckers’ negligent actions.

As if that’s not enough, the financial implications of your wreck can be overwhelming, leaving you without the resources that you need to further your recovery and cover your basic needs. This is why it’s probably in your best interests to figure out how to strongly pursue a personal injury lawsuit.

Suing a truck company after your wreck

While you can certainly file a claim against the trucker who caused your wreck, your best bet for recovering the compensation that you need to offset your damages is to pursue a claim against the truck company who employs the trucker. These companies have deeper pockets, which you might need to reach into to fully cover your damages.

But how do you argue that one of these companies is responsible for your wreck? A legal theory known as respondeat superior applies here, where an employer can be held accountable for a negligent employee’s actions. However, you’ll have to prove certain elements in your case to be successful with one of these claims, including that the trucker was on the clock and performing specified job duties in the moments leading up to the wreck.

Evidence to support a respondeat superior claim

 If you want to pursue one of these claims, you need to know how to gather evidence to support your case. Here are some places to look:

• Trucking logs: One place to look for liability is in trucking logs. Truckers are subject to certain hours of service regulations, but they often violate those when they’re pushed by their employers to meet tight timelines. These logs can give a clear indication of whether those hours-of-service regulations were violated.
• Maintenance records: Both truckers and their employers are required to conduct routine inspections on these rigs to ensure that they’re safe to take out on the road. When these inspections aren’t conducted or when sufficient repairs are foregone, a dangerous truck can lead to a serious accident that leaves you injured.
• The trucker’s testimony: The truck company might try to sidestep liability by pushing the blame back on the trucker who caused the accident. The company might argue that the trucker strayed from their route, or that the trucker was distracted, fatigued or intoxicated at the time of the wreck. The trucker, though, may not take kindly to being accused of wrongdoing. So, they may actually help you present your case against the truck company.

Do you need a legal ally on your side?

There are other places to look for evidence to support your claim. You just have to know where to look and how to obtain the information that you need. If you think that you need some assistance in doing that, you might want to consider seeking out assistance from a legal professional.

A team that is experienced in handling personal injury claims can help you identify and secure the evidence that you need to support your position. Hopefully then you can find accountability and recover the compensation that you need to spur your recovery forward, all while you have the financial stability that you deserve.

In the wake of a truck accident, it may be difficult for a victim to think about their legal rights. They may be focused on their recovery and moving their life forward. However, those end goals can be difficult of their injuries keep them out of work and their medical bills threaten their financial stability.

Litigation based on losses from personal injury accidents like truck accidents can result in awards of damages for victims. This post will focus on one part of truck accident litigation – identifying defendants – and how this can help prepare a comprehensive pleading. This post is not legal advice. Readers are asked to speak with their own attorneys about how litigation may serve their unique interests.

Who can a victim sue after a truck accident?

Victims of personal injury incidents often sue the other parties who were directly involved in their accidents. For example, when two private citizens are in a motor vehicle accident, the victim will generally sue the person at fault for their damages. To this end, a truck accident victim can sue the driver of the truck that caused their injuries and harm.

However, truck accidents often involve parties that are not present at the moment the collisions occur. In some cases, truck drivers may not own the trucks that they operate and therefore the truck owners may carry some liability for the crashes. Additionally, many truck drivers are employees of companies that pay them to deliver goods on DC metro roads. When an entity puts a dangerous driver or dangerous truck on the road, it may also be liable for accident victims’ losses.

Finally, insurance companies can often be included in accident litigation when large trucks are involved. Complicating factors, such as drivers working as independent contractors and other issues, may make truck accident litigation more complex. These and other matters can be discussed with trusted personal injury attorneys.

Dealing with the aftermath of a serious truck accident

As mentioned, in the wake of a truck accident, a victim may not have any ability to focus on anything other than their recovery. Victims should know, though, that they are limited in how long they may wait to file litigation concerning their accidents. When they are ready, they can benefit from speaking with dedicated personal injury attorneys about their losses. Lawyers who work in this field can support their clients’ legal needs and advise them of how to move their cases forward in timely and conscientious ways.

Common defenses to vicarious liability

There are some common defenses to vicarious liability claims stemming from truck accidents. Amongst them are frolic and detour. Frolic and detour claims essentially argue that a truck company shouldn’t be held liable for a negligent trucker’s actions because that trucker was operating beyond the scope of his or her employment at the time of the accident in question. A detour is generally seen as a minor deviation from employment duties, while frolic is seen as a major deviation for the trucker’s own benefit.

Countering defense arguments

So, while you need to focus on presenting evidence that establishes liability, you also need to be prepared to present evidence that minimizes or eliminates the strength of defense arguments. Be prepared to address frolic and detour arguments by being clear about the facts of the case and exactly what the trucker was doing at the time of the accident. It’s also crucial to clearly identify the trucker’s scope of employment. Thorough discovery practices, such as requests for production of employment records and depositions, can help you in this preparation.

Be prepared to fight for what you deserve

If you or a loved one has been injured in a truck accident, then you’re dealing with a lot right now. This might make it hard for you to fully focus on the legalities of your situation. That’s why skilled and aggressive legal advocates stand ready to help you fight for the compensation you deserve.