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Who can I sue for my trucking accident?

Truck Accident Lawyer Gaithersburg, MD

Who can I sue for my trucking accidentAny skilled truck accident lawyer Gaithersburg, MD residents trust will tell you commercial trucking companies revolve around safety delivering products around the county. These trucks travel far and wide resulting in accidents to be common. Thousands of people die every year as a result of trucking accidents. These accidents often involve passengers traveling in smaller cars or SUVs. If you have been the victim of a trucking accident, you should contact a personal injury lawyer to discuss your options and receive as many benefits as possible.

Trucking Regulations

All semi-truck operators, owners and manufacturers are required by the government to follow strict federal and state guidelines. These guidelines include how many hours a driver can work, how much weight the truck can hold and employee screenings. A good truck accident lawyer Gaithersburg, MD residents count on will likely inform you that trucking companies must also pay higher insurance limits than regular drivers.

Possible at Fault Parties

  • The Driver of the Truck
  • The Trucking Company (Unless the Driver was an Independent Contractor)
  • Vehicle Owner or Lessor
  • Company whose Goods were being shipped
  • Truck Mechanic

There are many possible factors involved in determining who is at fault in a truck accident.

Going after the company as opposed to the driver is often the safer route because juries often are more sympathetic to individuals than to large companies or corporations. Blame can be put on companies if the violates any regulations such as how long they made the driver drive in one trip. A skilled truck accident lawyer in Gaithersburg, MD may recommend when accusing the company to also look to the theory of “Respondeat Superior”. This means the employer is responsible for the employees negligent actions while on the job.

Determining a Truckers Culpability in the Crash

Some factors taken into consideration when determining if the employee was actually on the job during the time of the accident are:

  • Time and place of the employee’s actions
  • Incidental Acts the employer should reasonably expect the employee to perform
  • The time consumed in the Personal Activity
  • Amount of Freedom given to the Employee to perform their duties
  • The Intent of the Employee
  • The work that the employee was hired to accomplish

Other than proving that the truck driver was performing their job at the time of the accident, you or your truck accident lawyer in Gaithersburg, MD also need to prove that the trucking company was in violation of a State or Federal Trucking Regulation when the accident occurred.

If it can be proved that the truck driver was in violation of any state or federal trucking regulations at the time of the accident, their employer will most likely be held liable.

Common Trucking Violations

According to an experienced truck accident lawyer in Gaithersburg, MD, one of the most commonly violated trucking regulations is the Commercial Drivers Licence (CDL) regulation. The CDL regulations are to ensure that the truck driver is qualified and properly licensed to do his or her job safely and correctly. For any person to receive their  Commercial Driver’s license, they must pass multiple tests. These tests include driving the vehicle, maintenance of the vehicle, loading and securing the truck, and pre-trip inspections. If a person does not go through this process than they are not properly qualified for the job.

Another common violation in trucking is violations that have to do with the Log Book regulations. Log Book regulations are rules that determine the length of time a driver can drive without stopping to take a rest. An example of this is semi-truck drivers can only drive for 11 hours at a time. These 11 hour drives must be followed up by a 10 hour resting period. 

The truck driver is responsible for keeping track of their driving and resting hours.

If you suffered an injury as a result of a collision with a truck, call Cohen & Cohen, P.C. today to set up your free consultation with a truck accident lawyer Gaithersburg, MD residents rely on.

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