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When Does a Driver’s Involvement in an Accident Transfer Liability to the Trucking Company?

— March 9, 2022

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

Baltimore, MD – If any driver causes a collision and harms others, it is possible that they can be served with a negligence lawsuit. In the case of trucking accidents that involve a commercial vehicle, it is usually the driver’s employer that is served with the lawsuit, as businesses are liable for the actions of employees engaged in their job duties. Anyone who has questions about negligence lawsuits can speak with a local truck accident attorney in Maryland to get specific information about bringing a case. 

Truck accidents and negligence

Negligence is a legal concept that is related to deviations from an accepted standard of care. In the case of motor vehicle accidents, all drivers are expected to do things like obey traffic laws and operate their vehicles in a safe and reasonable manner based on traffic, weather, and other conditions. Truck drivers who violate traffic laws and other safety regulations such as those related to their cargo and vehicle maintenance are most likely to be found negligent in a civil lawsuit. 

Common reasons why a truck driver may have been negligent

Because there are several regulations that truck drivers must follow at all times, it may be more difficult for them to always meet the required standard of care than other drivers. For example, truck drivers have to take required rest breaks, and they must limit their total 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 tip over or have other problems moving around safely on the roads.  

The elements of negligence

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A plaintiff in a truck accident lawsuit in Baltimore related to negligence must show that all elements are met. This includes establishing the relevant duty of care, showing a breach of that duty, actual and proximate causation, and some kind of losses or damages due to the defendant’s conduct. A case that is missing one 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 to be negligent by a jury after a trial, or if they choose to settle the case. These losses are listed by the plaintiff in their complaint that starts the lawsuit as damages. Damages are divided into economic losses, non-economic losses, and in some cases punitive damages may be available if the defendant acted with malice or recklessly. 

More information about truck accidents in Maryland is a directory that can help people who need to speak with a lawyer anywhere in the country. Anyone who needs legal help in Maryland can choose their state and a practice area to get connected. 

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