When does a driver’s involvement in an accident transfer liability to the trucking company?

The trucking company will have to pay the victim for their losses if they are found negligent by a jury after a trial or if they choose to settle the case.


Baltimore, MD – If a driver causes a collision and injures others, they may be sued for negligence. In the case of trucking accidents involving a commercial vehicle, it is usually the driver’s employer who is served with the lawsuit, as companies are responsible for the actions of employees performing their duties. Anyone who has questions about negligence suits can speak to a local truck accident attorney in Maryland for specific information on how to file a lawsuit.

Truck accidents and negligence

Negligence is a legal concept related to deviations from an accepted standard of care. In the case of motor vehicle accidents, all drivers must obey the rules of the road and operate their vehicle in a safe and reasonable manner depending on traffic, weather and other conditions. Truckers who violate traffic laws and other safety rules such as those related to the maintenance of their cargo and vehicle are more likely to be found negligent in a civil suit.

Common reasons a truck driver may have been negligent

Since there are several regulations truckers must follow at all times, it can be more difficult for them to consistently meet the required standard of care than other drivers. For example, truckers should take necessary breaks and limit the total number of driving hours in a day. Excessive driving or driving while fatigued may be considered negligent. Trucks must also meet certain weight limits, as a truck that is too heavy is likely to overturn or have other problems traveling safely on the roads.

The Elements of Neglect

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A plaintiff in a Baltimore truck accident lawsuit tied to negligence must show that all the elements are met. This includes establishing the relevant duty of care, showing a breach of that duty, actual and immediate causation, and some sort of loss or damage due to the defendant’s conduct. A case that lacks any of these elements will not be successful for the plaintiff.

Compensation after a finding of negligence

The trucking company will have to pay the victim for their losses if they are found negligent by a jury after a trial or if they choose to settle the case. These losses are listed by the plaintiff in his complaint which begins the lawsuit for damages. Damages are divided into economic losses, non-economic losses, and in some cases punitive damages may be available if the defendant acted maliciously or recklessly.

More information on truck accidents in Maryland

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