Understanding Truck Accident Liability
October 14, 2023
Before receiving a settlement offer, you must show that someone else was responsible for your truck accident injuries. Liability is the main issue in any truck accident, and you should hire a lawyer to help you prove that another party was to blame for your accident.
In any truck accident case, you have the burden of proof to show that someone else has a legal obligation to pay you. Unlike a criminal case, you do not need to prove your case beyond a reasonable doubt. Still, you cannot expect an insurance company to take your word, especially when they will need to pay you money.
You often start from scratch after the truck accident. If you were injured, you cannot do any investigative work alone. At the same time, you are dealing with a trucking company with every incentive to do what they can to avoid liability. Finally, truck accident cases have many more sources of evidence than a standard motor vehicle crash.
You need an experienced lawyer to investigate your accident and assemble evidence showing that someone else was liable. If you can assemble a case demonstrating that the driver was at fault, you could be entitled to substantial financial compensation.
The Trucking Company May Be Liable for the Acts of Employees
If a trucking company employed the truck driver, their employer would be the real party you are interested in suing. The individual driver does not have the money to pay what is likely to be substantial damages.
The standard legal principles of agency law apply in a truck accident case. An employee is considered an employer agent when they are on the job. Any tort committed by the employee is considered an act of the employer. Legally, this would make the trucking company responsible for anything the truck driver does in the line of duty. The more information you can gather that shows a lax compliance culture at the trucking company, the better.
Punitive Damages in Truck Accident Cases
Not only would the trucking company need to pay for your damages, but they can also be on the hook for punitive damages if their driver was extremely careless or the trucking company has a track record of failing to comply with safety rules. Punitive damages can take a large verdict and make it massive. Some trucking companies have even been out of business due to large punitive damages verdicts.
Our Baltimore Truck Accident Lawyers at LeViness, Tolzman & Hamilton Can Determine Who Is Liable
Given the potential value of your case, you may need legal representation. Contact our Baltimore truck accident lawyers at LeViness, Tolzman & Hamilton today. The first step is to reach out to us for a free consultation. You can call us at 800-547-4LAW (4529) or contact us online.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.