The obvious massive size of large commercial trucks increases the risk of potentially serious injuries occurring following an accident. Consequently, truck drivers and their employers or companies are held to a higher standard and duty of care by relevant state and federal laws. Part of this includes but is not limited to various safety compliance requirements that Truckers must adhere to in order to avoid potential penalties, fines and possibly losing their ability to carry a commercial driver’s license.
Consequently, unlike your average auto accident, when a commercial truck accident happens and involves noncompliance with applicable laws, an investigation is performed to determine whether more than one party can be held liable which further complicates the processing of truck accident injury claims in Maryland including but not limited to the following:
The Truck Driver
This is the obvious starting point because the initial question is how did the accident occur and what did the truck driver do or fail to do based on requisite driving rules and regulations which are applicable for truck drivers in the truck industry. Did the driver fail to give right of way or drive too fast or drive under the influence, etc.?
The Trucking Company That Hired the Driver
The trucking company is required to ensure that the driver if properly licensed and trained to operate a commercial truck. For instance, they are required to ensure that requisite drug tests are conducted. They are required to implement adequate processes to ensure that the drivers get adequate rest during the conduct of driving the commercial truck. A violation of any of these (and other) requirements could make the trucking company jointly liable along with the commercial truck driver.
The Cargo Loading Company and Maintenance Company
If a different company handled the loading of the cargo, they could be jointly liable if they failed to ensure that the legal weight limit was loaded. If an investigation shows that the truck carried over load weight, the loading company will be jointly liable as a defendant in the case. Likewise, if the investigation shows that a maintenance or mechanic company was negligent in their work and that played a part in the accident, they can be listed as defendants in the case as well.
The Commercial Truck Manufacturer
Truck manufacturers owe a duty to their customers to promptly notify them of any defects that could lead to any injury or increased risk of an accident. Therefore, in such situations, manufactures are required to issue recall notices to protect the truck owners and the public from harm. If the must ensure their vehicles and equipment are safe or recall them to make repairs. If an accident happens because of any of the mentioned reasons, the truck manufacturer could be a defendant in the case.
The Commercial Trucking Insurance Requirements
Generally, trucking companies must carry liability insurance coverage on every truck they operate which ranges from minimum coverages of $750,000 to at least $5,000,000 in coverage, depending on the type of goods they carry. The policy limits go a long way to determine what the case settles for.
Due to the complexities involved in commercial truck accidents, it is important to quickly contact an experienced personal injury attorney for prompt assistance. Therefore, call us at your convenience to further discuss your accident matter in Maryland.
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