How Trucking Company Negligence Can Lead to Accidents
Our Maryland attorneys can help you demand justice and accountability
Truck accidents involving 18-wheelers, tractor-trailers, semi-trucks, and other big commercial vehicles are among the most severe and catastrophic events on Maryland’s roads. Due to the enormous size and weight of these big rigs, collisions often result in extensive property damage, major injuries, and fatalities.
Trucking companies are supposed to prevent these accidents through rigorous safety standards, driver training, and regulatory compliance. Unfortunately, some trucking companies fail to do so, and their negligence directly contributes to a serious or fatal truck accident.
For victims and their loved ones, the process of recovering financial compensation can be challenging. In truck accident lawsuits, the stakes can be high, and trucking companies will do everything possible to downplay their liability. That’s when having an experienced Maryland truck accident lawyer in your corner can be the difference between accepting a lowball settlement offer and recovering the maximum compensation you deserve.
What is trucking company negligence?
Trucking company negligence refers to a company's failure to uphold industry-standard safety practices, which leads to potential harm to drivers, passengers, pedestrians, and other motorists. Trucking companies have a legal and ethical duty of care, which requires them to hire qualified drivers, provide thorough training, perform regular vehicle maintenance, and strictly adhere to transportation regulations.
Negligence arises when these duties are breached, which creates hazardous road conditions. The impacts of negligence can result in physical injuries, fatalities, economic losses, emotional trauma, long-term disabilities, and substantial legal liabilities.
The most common types of truck accidents caused by negligence include:
- Jackknife accidents: Jackknifing occurs when a truck’s trailer swings out at an acute angle to the cab and resembles a folding pocketknife. These typically result from sudden braking, improper loading, or slippery road conditions.
- Rollovers: Rollover accidents happen when a truck tips onto its side or roof, often due to speeding, sharp turns, uneven weight distribution, or driver error. These truck accidents pose extreme dangers, especially when hazardous cargo spills onto the roadway.
- Rear-end collisions: Rear-end collisions involving trucks are often caused by driver fatigue, distraction, or failure to maintain a safe following distance. Due to their immense weight and slower stopping capability, trucks rear-ending passenger vehicles often result in devastating injuries or fatalities.
- Underride accidents: Underride collisions occur when a smaller vehicle becomes trapped beneath a truck’s trailer, usually due to sudden stops or poor visibility. These truck accidents often lead to catastrophic injuries or fatalities.
What are common forms of trucking company negligence?
Trucking company negligence comes in many forms, including:
Negligent hiring practices
Negligent hiring occurs when trucking companies fail to conduct comprehensive driver background checks. Some companies employ drivers with histories of driving violations, criminal behavior, or substance abuse issues. Such practices increase the likelihood of dangerous truck accidents occurring.
Companies should establish and follow rigorous standards and protocols to effectively vet prospective drivers and mitigate these risks.
Insufficient driver training
Driver training ensures truck operators possess the skills and knowledge to manage large, complex vehicles safely. Insufficient or inadequate training can leave drivers ill-prepared to handle emergency situations or make safe driving decisions.
Truck accidents involving inadequately trained drivers often result in severe injuries or fatalities. That’s why trucking companies have an obligation to provide comprehensive initial and ongoing training programs that teach drivers both practical skills and regulatory compliance.
Negligent supervision and monitoring
Effective supervision and monitoring are key components of trucking safety. Negligent supervision arises when companies fail to adequately track and manage driver behavior, driving hours, fatigue levels, substance abuse, and traffic violations.
Such lack of oversight often leads to serious truck accidents, with fatigue-related crashes being particularly common. Implementing best practices, including advanced electronic logging devices (ELDs), GPS tracking systems, and regular driver check-ins, can reduce the risk of negligent supervision.
Failure to maintain and inspect trucks properly
Proper truck maintenance and inspection are legally mandated safety practices that affect road safety. Negligent maintenance often leads to mechanical failures, such as brake malfunctions, tire blowouts, or steering issues, each capable of causing catastrophic truck accidents.
Trucking companies must adopt strict vehicle inspection schedules and maintenance protocols to proactively prevent such dangerous mechanical failures.
Pressuring drivers to violate safety regulations
Some trucking companies may deliberately or indirectly pressure drivers to exceed legally allowable driving hours or to falsify logbooks. Such practices dramatically increase driver fatigue, reduce overall alertness and reaction times, and can result in severe truck accidents.
To counteract these risks, companies must maintain ethical standards, enforce regulatory compliance, and create an organizational culture that prioritizes safety over expedience.
How do trucking companies attempt to hide negligence?
Trucking companies have a lot to lose from a single crash. To help protect their bottom line, they’ll often use their own team of investigators and adjusters to gather biased facts about a truck wreck. Some of the ways they try to avoid liability include:
Altering or destroying records
Trucking companies sometimes attempt to hide evidence of negligence by altering or destroying important records. Examples include falsifying driver logs, modifying inspection reports, or deleting electronic tracking data to obscure hours-of-service violations.
Manipulating or coaching driver statements
Companies may pressure drivers to provide misleading statements or instruct them to avoid admitting fault. Such interference can compromise truck accident investigations and obstruct justice.
Offering quick settlements
Trucking companies or their insurers may rush to offer quick, low-value settlements to crash victims, hoping to limit their liability before negligence can be thoroughly investigated and revealed. Victims often accept these settlements without realizing the true value of their claims.
Blaming the victim
Another common tactic involves trucking companies attempting to shift blame onto crash victims by arguing that the victim's actions contributed to the truck accident. This approach seeks to reduce or eliminate the company's liability and avoid accountability for its negligent practices.
What steps should I take after a truck accident to protect my rights?
Being involved in a truck accident is not like being involved in a regular two-car crash. You’re up against a company and its insurance provider who have deep pockets and are determined to keep your compensation as low as possible.
To best protect your rights and pursue a successful claim, be sure to follow these steps, both immediately after the crash and after leaving the scene.
Focus on immediate safety
After a truck accident, your first priority should be to ensure safety. Move yourself and others to a secure location, and immediately call emergency services if anyone is seriously injured. Then, call the police to report the crash and wait for an officer to arrive at the scene.
The police will document the scene, interview all parties involved and witnesses, and document the details in a crash report. If any violations occurred, the police might issue a citation or arrest.
Gather evidence and document the scene
Take detailed photographs of the truck accident scene, vehicle damages, road conditions, and relevant signage. Exchange information with the truck driver, including contact details, driver's license information, insurance details, and trucking company identification.
Obtain witness statements
Witness statements can significantly strengthen your claim. Speak to bystanders or witnesses at the scene, record their contact information, and ask for their observations. If a witness captured the crash on a dashcam, ask if you can obtain a copy, as this can provide solid visual evidence.
Get medical attention
Always get medical attention after leaving the crash scene, even if you feel perfectly fine. In many cases, injuries are masked by adrenaline and shock. But hours or days later, pain and discomfort can set in. The longer you wait to see a doctor, the worse your condition can get, and the easier it will be for the trucking company’s insurance provider to dispute your claim.
Limit communication and avoid admitting fault
Be cautious with your communication with insurance companies after a truck accident. Avoid discussing fault or accepting blame when reporting the crash to your insurance provider.
Also, avoid giving a recorded statement to the trucking company's insurance company, as your statements can potentially be used against you. Instead, let an experienced Maryland truck accident lawyer do the talking and negotiating for you.
Adhere to legal and medical advice
Lastly, seek legal help from a Maryland truck accident attorney who can offer legal advice and handle your case from start to finish. Once you have a lawyer on your side, you only need to focus on your recovery and adhering to legal and medical recommendations.
That includes attending all medical appointments, keeping all medical documentation, and avoiding activities that can worsen or disprove your injuries.
Contact a trusted Maryland truck accident lawyer today
The truck accident attorneys at Goldberg Finnegan have seen how devastating these incidents can be. That’s why our legal team is committed to holding trucking companies accountable and fighting for the rights of crash victims throughout Silver Spring, Montgomery County, Prince George’s County, Howard County, Frederick County, Charles County, and surrounding areas throughout the DMV.
Our attorneys carefully investigate every detail, identify all responsible parties, and fight passionately to secure the compensation you deserve. We'll handle all negotiations with insurance companies, and if they refuse to settle, we’re prepared to go to trial. This allows you to focus entirely on your recovery and rebuilding your life.
We offer a free initial consultation and operate on a contingency fee basis, so you get legal representation without breaking the bank. This means you won’t owe us anything unless we successfully secure compensation for your case.
If you or someone you love has been injured in a truck accident, don't wait to get help. Contact us today for your free, no-obligation consultation, and let our compassionate and skilled attorneys help you pursue the maximum compensation you deserve under Maryland law.
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