Can I Sue a Shipping Company for Injuries Sustained in a Maryland Trucking Accident?
Yes, an injured motorist or pedestrian can sue a shipping company for injuries resulting from a Maryland trucking accident. However, in doing so, the victim of a negligence-related Maryland commercial trucking accident must be able to prove negligence on the part of one or more responsible parties, by showing that defendant(s) had a duty to protect the victim from injury; that the defendant(s) failed in their duty; that the injuries suffered by the victim were a direct result of that “breach of duty”; and that the victim suffered actual harm as a result.
A skilled trucking accident attorney can examine your case and determine who, if anyone, may have been negligent in regard to a commercial truck collision that left you or your family members seriously injured. A Maryland injury accident lawyer can advise you on which party(s) may be potential defendants in a personal injury case. These may include one or more of the following:
1) Truck Driver
It goes without saying that truck drivers are the most likely defendants in trucking accident cases. Your injuries from a Maryland trucking accident may have been the direct result of the trucker’s inattention or distraction. Truck drivers have also been known to cause serious traffic accidents because they made an error in judgment due to lack of sleep leading to driver fatigue, the taking of legal or illicit drugs, drinking and driving, texting while operating a tractor trailer rig, and any number of other potentially dangerous activities in the semi-tractor cab. If this is the case, a truck driver can be sued for your injuries.
2) Truck Manufacturer
Some Maryland trucking accidents can be the result of a mechanical deficiency or engineering flaw in the design of a tractor-trailer rig. Poorly designed parts or components are one potential root cause for a deadly beltway or interstate truck crash. If the truck that hit your vehicle and caused your injuries had a faulty part or component that triggered the crash, you may have cause to sue either the truck manufacturer or the parts/components supplier to that manufacturer.
3) Trucking Companies
The trucking, shipping and logistics companies that operate fleets of over-the-road semi tractor-trailer rigs are regulated by federal and state laws, with which they must comply or be liable for fines and other punitive measures. These entities are required to take specific steps to maintain the safety of the trucks and trailers in their fleets. They are also required to ensure that their drivers are properly trained and that those truckers operate their vehicles in a safe and prudent manner to prevent trucking-related injury accidents. If any trucking company or logistics firm is in violation of federal trucking regulations or Maryland state laws, then that company may be a possible defendant in a personal injury or wrongful death lawsuit.
4) Shipper of Goods
If your injuries or the death of a loved one can be linked to improperly shipped hazardous materials or dangerous cargo, you may be able to file a personal injury claim against that entity. Shippers of hazardous materials, often referred to as HAZMAT goods, are required by law to inform the truck drivers and trucking companies regarding the nature of the merchandise being transported by a tractor-trailer rig, box truck or other shipping logistics vehicle. If the shipper fails to advise the trucker and/or transport company of the hazardous nature of those goods, the shipper may be named in a personal injury or wrongful death lawsuit.
5) Truck Repair Shop
Maintaining the proper functioning of a semi tractor-trailer rig, or any other commercial vehicle, is important to the safety and well-being of everyone who shares the roadways with those vehicles. Trucking companies often contract repair services to other firms, such as diesel truck repair shops and trailer maintenance facilities. If you believe that the commercial truck that was involved in the Maryland trucking accident that caused your injuries was repaired improperly, and thus caused the crash, then the individual or company that made those inadequate repairs may be named in your personal injury lawsuit.
6) Government Entities
If you believe the cause of a Maryland trucking accident was poor roadway maintenance, inadequate street lighting, broken or malfunctioning traffic control signals, or any similar cause, then the local government body or controlling authority that is charged with the maintenance of those systems or infrastructure may be named in a personal injury or wrongful death lawsuit.
Trucking-related traffic accidents present such a wide range of potential defendants that it is imperative to consult with a qualified Maryland trucking accident attorney to better understand your options when it comes to filing a personal injury claim. An experienced personal injury lawyer will be able to determine who is the best party or parties to name in your legal action, and how to recover the maximum in economic and non-economic damages.
Act quickly if you suspect negligence. A thorough and accurate investigation of any trucking-related accident should be made immediately in order to establish fault. A skilled Maryland personal injury attorney will know how to examine the scene of the crash, as well as the vehicles involved. He or she will also take statements from eyewitnesses to the accident, all or some of which may be the key to winning your case. Nothing in and around the accident site should be changed or altered. You can be sure that the trucking company will send their own investigators to assess the scene as well, so it is of vital important to retain the services of a qualified lawyer who will act in a timely fashion to investigate and establish liability and determine damages.
If you or a loved one has been seriously injured in a Maryland automobile accident, our skilled legal staff is available to help. Contact Lebowitz & Mzhen, LLC, today for a free, no-obligation initial consultation and learn more about your right to collect damages under the law.