Establishing Liability in Maryland Truck Accident Claims

Because of the severity of truck accidents, dealing with the aftermath of a truck-related collision can often be an overwhelming experience. Every year, thousands of people are involved in serious truck accidents. Many of these people are frequently injured or killed because collisions involving passenger vehicles and trucks are often deadly.

Following a major truck accident, the financial impacts of the crash can often be devastating and significant for survivors because of medical bills, property damage, or time taken off from work because of the severity of injuries. This is why Maryland residents should understand what steps to take following a major truck accident and how to recover compensation for their injuries.

According to a recent news report, a local woman died after she crashed her SUV directly into a tractor-trailer truck. Authorities located the 25-year-old woman’s Subaru pointed east and partially pinned under the trailer of an Amazon truck, which had just left a nearby truck stop and was turning west onto the highway. The crash’s impact into the side of the tractor-trailer shaved off the top of the Subaru from the front of the windshield to the middle of the passenger compartment, and the driver was pronounced dead at the scene. Local police confirmed that the accident remains an active investigation.

Unfortunately, Maryland is no stranger to similar accidents. In many truck accidents, there is often more than one responsible party, so determining liability can often be tricky. In less complex cases, many truck drivers are directly hired and employed by a large trucking company. If this is the case, then the trucking company is likely one of the liable parties following an accident and it will be easier to figure out who to assert your claims against.

If the truck driver is an independent contractor, however, liability can be more difficult to establish. Independent contractors are typically not considered an employee of the company that they are hired by. In these situations, survivors of truck accidents will sometimes be unable to bring a successful claim against the company that hired the truck driver as an independent contractor. In these cases, survivors will likely have to sue the truck driver directly in their personal capacity.

Can Trucking Companies Be Held Liable for an Independent Contractor's Negligence?

Whether a trucking company can be held liable for the negligence of a driver who is not an employee, but instead an independent contractor, depends on the facts of the case. It is sometimes possible for potential plaintiffs to bring claims against a trucking company even if the truck driver is an independent contractor. In truck accidents where an independently contracted truck driver is driving a truck with their employer advertised on the side of the vehicle, the employer could be held liable for the accident. The totality of the circumstances, however, must still be considered when establishing liability, so potential plaintiffs are advised to contact an experienced Maryland truck accident lawyer who can guide them through the necessary steps for a successful truck accident lawsuit.

Do You Need a Maryland Truck Accident Attorney?

If you or someone you love was recently injured or killed in a Maryland truck accident, contact the lawyers at Lebowitz & Mzhen today. Our team has years of experience fighting for the injured and will work to get you the compensation you deserve. To schedule a free initial consultation, contact us at 800-654-1949.


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