All large trucks can be dangerous for pedestrians, especially when they are driven on city streets. However, few trucks spend more time around pedestrians than garbage trucks, and that makes garbage trucks a very real danger to pedestrians in Maryland. Indeed, garbage truck drivers spend hours each day slowly crawling through the city streets, often requiring they negotiate traffic jams, tight turns, one-way streets, and a host of other potentially dangerous situations that frequently are seen on city streets and may result in a Maryland truck accident.
Additionally, garbage trucks themselves are inherently dangerous because they are large, heavy, and not well-equipped for city streets. Nonetheless, garbage truck drivers have a duty to ensure that they are safely operating the truck at all times. When a driver fails to take the necessary precautions, they may be held liable for any injuries caused to other motorists or pedestrians. Additionally, in some situations, the driver’s employer can also be held liable under the doctrine of respondeat superior, which allows for accident victims to hold an employer liable for an employee’s negligent conduct in some situations.
In order for an employer to be liable in a truck accident case, the accident victim must establish that the employee was acting within the scope of their employment at the time of the accident. Essentially, courts ask whether the employee was “authorized” by his employer to be engaging in the activity that resulted in the accident.
Maryland courts may consider several factors when determining if an employee was acting within the scope of their employment, including where the accident took place, whether the actions of the employee are commonly performed by similar employees, whether the vehicle was provided by the employer, and the extent to which the negligent act was criminal in nature (criminal acts are less likely to be held against an employer because it is less likely the employer could have anticipated such an act).
Garbage Truck Kills Apartment Resident
Earlier this month, a garbage truck struck and killed one man in the apartment complex where he lived. According to a local news report, the accident occurred in the apartment complex’s driveway, and it was during the garbage truck driver’s normal Wednesday route. One witness to the accident told reporters that she was almost struck by the very same truck just moments earlier, as the truck pulled into the complex. The accident is still under investigation, and police have not issued any citations or made an arrest.
Have You Been Injured in a Truck Accident?
If you or a loved one has recently been injured in a Maryland truck accident, you may be entitled to monetary compensation. The skilled personal injury and wrongful death attorneys at the Maryland law firm of Lebowitz & Mzhen, LLC have extensive experience bringing claims on behalf of Maryland accident victims. We understand that being involved in a serious accident is a life-changing event, and it requires time to recover. When you are ready to talk, so are we. Call 410-654-3600 to schedule a free consultation with a dedicated Maryland personal injury attorney.
More Blog Posts:
Maryland School Bus Accidents, Maryland Trucking Accident Lawyer Blog, published October 4, 2017.
Court Rejects Fireman’s Assertion of Governmental Immunity in Fire Truck Accident, Maryland Trucking Accident Lawyer Blog, published October 11, 2017.