Early this morning, a tractor trailer truck collided with a car on Honeygo Boulevard, near Cross Road in Perry Hall. The car was making a left turn when the crash occurred. The truck continued moving after hitting the car and eventually ran off the road into the back of a house. The truck driver was trapped inside and firefighters were needed to pull him out. The extent of the driver’s injuries is unknown, but he was taken to the hospital for treatment. The house sustained minor structural damage as a result of the crash and nobody was injured inside the house. The cause of the collision with the car, which started the chain reaction, is not known, but it is possible that strong winds this morning played a role.
Tractor trailer truck accidents often result in devastating injuries and catastrophic damage, but truck accident cases are often complicated and require experienced attorneys. The size and weight of tractor-trailers and other large commercial vehicles make them very dangerous when on the road, especially in inclement weather. Truck accidents often involve several other cars, thereby making it very important for someone involved in a truck accident to hire an experienced attorney. Injuries resulting from truck accidents can be devastating and many times injured victims are unable to recover enough money to cover the damages. It is obvious to look to the negligence of the truck driver and motor carrier as the cause of the accident, but the shipper of the load cannot be forgotten as another possible liable party. Therefore, it is important to seek recovery from all who are involved including the truck driver, the motor carrier, and the shipper of the load. Keep in mind though, that the shipper will not always be liable in a truck accident, but should always be considered.
One way to impose liability against a shipper is for negligent selection, which means that an employer can be subject to liability for its failure to exercise reasonable care in selecting a competent and careful contractor. Courts will place a higher duty on a more experienced and prevalent shipper with frequent shipments to choose a safe and competent motor carrier to haul its goods. Once it is proven that the shipper has a high duty of care to hire competent carriers, it needs to be proven that the carrier was incompetent. Then, once incompetence has been proven, it must be established that the shipper knew or should have known of the incompetence. Finally, in order to prevail under negligent selection, it must be proven that the deficient characteristics that rendered the carrier incompetent proximately caused the accident. This means that if it is established that the carrier has a history of failing to properly maintain its fleet of vehicles and the cause of the accident is due to the driver falling asleep behind the wheel, there is no proximate cause between the incompetence and the cause of the accident.
If you or someone you love has been injured in a tractor trailer accident or sustained an injury as a result of a truck accident in Maryland, and would like more information, please call us at (301) 854-9000 for a free case evaluation or visit us online at: http://www.portnerandshure.com/Auto-Accidents/Truck-Accidents