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Who Is Liable For Your Truck Accident: The Truck Driver or Trucking Company?

Liability is a more complex issue with a big truck accident vs. a normal car accident because more factors must be considered.

A car accident between two normal sized cars is both scary and dangerous. Nobody wants to even think about getting into an accident with a huge company truck on the freeway. Though this is something that we hope we will never encounter, it’s good to know what steps to take if it does. Liability is a more complex issue with a big truck accident rather than a normal car accident because there are more factors that must be considered.

Employer/Employee Scenario

This is probably the least complicated situation to be in when involved in a truck accident. It is a general rule of thumb that employers are responsible for controlling the conduct and behavior of employees while they are on the clock. If the truck belonged to a produce company and the driver was an employee of that produce company, the liability falls onto the company. It gets more complex when the produce company hires a separate trucking company to do their driving for them. In this case, the liability would fall on the trucking company since the driver was their employee and not an employee of the produce company.

Private Contractor

In some cases, the driver owns their own truck and gets privately contracted to transport for different companies. In this case, there are a lot of factors that must be considered when trying to determine who is responsible. Lawyers would investigate the relationship between the driver and the business they are working with, determining how much control the business has over the driver, the length of their relationship, and how the driver is paid. They also look at who really owns the truck, the skill level required for the job, and what the driver’s main occupation is. If the driver is indeed a fully independent contractor, then the driver himself is liable for the accident. However, if there is a concrete employee to employer relationship, you may hold both parties accountable.

Maryland Truck Law

In Maryland, they treat truck accidents as negligence cases. Each case is specific to the details of what happened, and they consider things like speeding, weather conditions, following the rules of the road, and whether the car was rear ended by the truck. Truck drivers also have specific rules to follow that can influence the liability of the case such as the limitation on the amount of time they can drive without resting.

Have You Been Involved In A Truck Accident?

The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an accident and a party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Give us a call at (410)-843-3476 for a free case evaluation. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.

This entry was posted on Friday, February 9th, 2018 at 5:46 pm. Both comments and pings are currently closed.

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