Injuries resulting from truck accidents can be
devastating. However, 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. Motor carriers of nonhazardous materials are
required to carry only $750,000 in single limit coverage, however, many times
injuries sustained in a truck accident far exceed that amount. 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.
The
shipper is the company that hires the motor carrier to haul its goods. 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. When liability is
being brought against a shipper, courts will look to the type of shipper that
was used. As a result, courts will place
a higher duty on a more experienced and prevalent shipper with frequent
shipments and large 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 Silver Spring, 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/
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