Trucking Accident FAQ
Our Maryland Truck Accident Attorneys Answer Your Questions
If I was involved in a truck accident, do I file a claim against the truck driver or the trucking company?
After a truck accident, who you file the claim against will depend on the relationship between the trucker and the trucking company involved in the collision. For example, you might be able to file a claim against the trucking company if it can be proven that the truck driver was directly employed by the trucking company. A claim of this nature would focus on the fact that the trucking company was directly supervising the trucker, and therefore responsible for the accident that occurred. If, on the other hand, the trucker was contracted by the trucking company and not a full-time employee, then it could be very difficult to file a claim against the company. In this type of situation, it can be tough to prove that the trucking company was acting as the direct supervisor of the driver, thus making it challenging to file a claim against the company.
Who is legally responsible for the truck accident that caused my injury?
The party that should be held legally responsible for the trucking accident that left you injured and / or your property damaged will depend on the existing relationship between the trucking company and the driver(s) who work for the company. Parties that can be held responsible for the accident include the trucking company, the truck driver, the truck manufacturer, or the shipper or broker. To determine who should be held liable for your accident, work with an experienced truck accident attorney from our law office. Chaikin, Sherman, Cammarata & Siegel, P.C. will meet with you for free to discuss the details of your claim and to help you establish who should be held at-fault for the accident.
Are jackknife accidents automatically the fault of the trucker?
No. Jackknife truck accidents are not always the result of driver error or negligence. There are many other common causes of truck accidents that could result in a jackknife collision such as poor weather conditions. A thorough investigation of the accident needs to be conducted before fault can be determined for a jackknife accident. Bringing your claim to a professional Maryland truck accident lawyer at our firm could immensely benefit your case. We can review the circumstances involved in your accident to help you determine if the jackknife accident is the fault of the trucker, trucking company, or truck manufacturer.
Are truck accidents handled the same way as car accidents?
There are some differences between the way that car accident and truck accident claims are handled. For example, when a truck accident occurs, more than just the trucker might be held liable for the collision. In addition, the trucking company could be held liable depending on the circumstances of the accident. Another important difference between car accidents and truck accidents are the varying regulations that each type of driver must follow. Truckers and the companies they work for must follow a strict and separate set of operation and maintenance regulations, all of which can be investigated in the event of an accident.
Where should I file my claim if I live in Maryland, but the truck accident occurred while I was in Virginia?
The laws that govern trucking accidents allow for the victim of such a collision to file a claim either in the state in which the accident occurred, the principle place of business of the truck company, or a state where the truck driver or the truck company has regular contacts. At Chaikin, Sherman, Cammarata & Seigel, P.C., we have office locations in Maryland and Virginia, as well as Washington, D.C. We can meet you in any of these three locations and help you determine the best place to file your lawsuit.
What are some of the common causes of trucking accidents in Maryland?
A truck accident can happen for any number of reasons, but the most common causes of commercial vehicle collisions tend to be:
- · Driver fatigue
- · Equipment failure
- · Improper loading of the commercial vehicle
- · Inadequate driver training and / or experience
- · Intoxicated driving
- · Weather conditions
Still have questions? Call us today!
We understand that you may have questions beyond those which are answered on our FAQ page. If so, please do not hesitate to contact a Maryland truck accident lawyer at our firm. We can meet with you during a free consultation to further discuss your accident and address any questions or concerns that you may still have. Contact Chaikin, Sherman, Cammarata & Siegel, P.C.