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/
