Personal Injury Lawyer

Truck accidents are very similar to motor vehicle accidents in most respects, however there are a few deviations. Unfortunately with truck accidents, due to the size and weight of commercial trucks, the seriousness of injuries tends to be heightened. The plaintiff still must prove negligence on the other party, causation of injuries as well as damages, however, depending on the state that the accident occurred in, there may be certain codes, regulations, and licensing oversight of commercial truck drivers. There are many state and federal statutes regulating the trucking industry, and a diligent truck accident attorney will thoroughly review all of this while pursuing the case. Additionally, there may be the need to retain experts to testify for truck accidents, which seldom occurs with standard motor vehicle accidents. These experts will be used to evaluate the physical evidence and testimony, as well as draw conclusions based on this evidence to assist the jury in determining negligence of the accident.  

The Truck Company Held Liable
The truck company can be found negligent for the accident if they negligently hired the driver of the truck, failed to ensure proper licensing and regulations for the driver, as well as failed to have the truck properly equipped. The company cannot pass this duty on to anyone else, and must meet the standard of reasonable care to equip and maintain the truck in order to comply with state and federal code. Furthermore, the company is responsible for the negligence of the driver, assuming that the driver was operating in the course of his or her employment. If the truck driver is an independent contractor, then the company that he or she works for will be vicariously responsible for the negligence of the driver. 

Compensation for the Accident
In these types of accidents, the plaintiff can receive compensation for past and future medical expenses, lost wages, diminished earning capacity as a result of the accident, as well as an award for pain and suffering. Additionally, based on where the accident occurred, the plaintiff may be able to also recover punitive damages if it can be established that the driver or company were fraudulent, malicious, or egregious in their actions. The court will reward this as a punishment to the wrongdoer. 

Just because a plaintiff is in a trucking accident, though, does not mean it is an automatic win. It is very rare that a trucking company will voluntarily admit fault. Trucking companies will often cite comparative fault, indicating that the plaintiff was also at fault for the accident. They may also assert a litany of other defenses in order to minimize damages, including but not limited to statute of limitations, failure to mitigate damages, intoxication of the plaintiff, attacks on the character of the plaintiff, road conditions, and fault of an additional vehicle. 

Contact an Attorney
If you or someone you know was involved in a truck accident, contact a lawyer, like a truck accident lawyer in Towson, MD from Seigel & Rouhana, right away to see how you can get compensation.