Most trucks that are on the road are transporting goods on behalf of a company. In the event of a Maryland truck crash, an employer may be liable for damages that result from the crash. Generally, to hold an employer responsible for the acts of an employee in control of a truck at the time of a crash, the employee must have been acting within the scope of their employment. This is true even where an employer itself did nothing wrong. In Maryland, an employer can be sued even when the employee has not been sued. Employers can often bear a financial loss more easily than an individual and many believe they should be held accountable for the actions of their employees.
In the recent trucking crash case of a Colorado truck driver, the district attorney in the case is now seeking review of a truck driver’s 110-year sentence in the fatal crash. The truck driver was sentenced to 110 years in prison after a fatal crash in 2019 that killed four people after his brakes failed. The driver’s brakes failed when he was driving downhill before crashing into cars that were stopped due to another accident on the highway. Prosecutors argued that the driver acted recklessly and should have used a runaway truck ramp on the side of the highway.
The lengthy sentence was imposed because the state requires certain sentences to be served back to back. The judge said he would not have imposed the sentences back to back if he had a choice. Millions of people signed a petition asking that the sentence be reduced or that the state’s governor grant him clemency. The petition states that the accident was not intentional and the driver should not be held responsible. The Court will review the motion and the Governor’s office said it is also reviewing the petition.
The company that owned the truck, Castellano 03 Trucking, had a history of brakes violations. Just months before the crash, an inspection revealed that another truck did not have adequate brake tubing or hoses, requiring that the truck be taken off the road and repaired. The previous year, another one of the company’s trucks had issues with brake hoses or tubes, requiring that it also be taken out of service. Some victims and their families filed suit against the driver and the trucking company after the crash.
Is a Trucking Company Financially Responsible for a Truck Accident?
Yes, in many cases trucking companies are financially responsible for truck accidents. This is because of a legal doctrine called “respondeat superior” which holds an employer liable for the negligent acts of their employees. Thus, if a truck driver is acting within the scope of their employment at the time of the accident, the trucking company is likely liable for any damages.
Have You Have Been Injured in a Maryland Truck Accident?
If you have been injured in a Maryland truck accident or another type of automobile accident, contact a personal injury attorney to have your case evaluated as soon as possible. Victims may be able to recover compensation for their injuries by filing a claim in court. The attorneys at Lebowitz & Mzhen, LLC represent victims throughout Maryland, Virginia and the Washington, D.C. area. Lebowitz & Mzhen personal injury lawyers can help you assess your situation and determine the best course of action to maximize your chances of success. Call 1-800-654-1949 or fill out their online form to set up a free consultation.