Car Accident Truck Accident How Big-Rig Truck Regulations Impact Your Car Accident Claim By Law Office of Robert Castro, P.A. | December 31, 2024 Share Some of the worst automobile accidents in Charles County, Maryland, involve big rigs and 18-wheeler trucks. The occupants of the cars are at enormous risk of severe injury given the difference in size and mass between a passenger vehicle and a fully loaded interstate semi-truck. Like any car, auto, or other vehicle accident, injured victims of big rig accidents are legally entitled to seek compensation for their injuries and damage to property. This usually starts with insurance claims against any and all possible at-fault parties, including the driver of the truck, the driver’s employer, the trucking company, etc. Most claims will be settled through the insurance companies, but if no fair, adequate, and complete settlement can reached, then a lawsuit will be filed in the Maryland State Courts. This is one reason that you want to hire Maryland truck accident attorneys who have deep experience in negotiating with insurance company representatives and who ALSO have courtroom-proven experience in handling 18-wheeler truck accident cases in court. The trucking companies always hire top-rated defense attorneys. To win, victims also need top-rated plaintiff’s attorneys. If you have suffered injuries in a trucking accident in Charles County, Maryland, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We are experienced and top-tier Maryland car and auto accident attorneys with offices in Waldorf, MD. Given the dangers and risks posed by big rig and 18-wheeler trucks on Maryland roads, it is fortunate that a lot of additional rules and regulations are imposed upon trucks and the companies that operate them. In Maryland, even if it seems obvious that the truck driver was responsible for the accident, it is still required — under the law — that injured victims prove that the truck driver (or other person/company) was responsible. This means proving the four elements of negligence: duty, breach of duty, causation, and injury. For “normal” vehicle accidents, the “duty” element usually involvesa violation of the duty of care or the duty to obey traffic laws. That is, all Maryland drivers must honor the duty of care, which means being careful and watchful while driving so as not to cause injury and not violate traffic laws. If the duty of care and/or the duty to obey traffic laws is violated and that violation has a role in causing the accident, then the legal liability will be proven. With big rigs, large and 18-wheeler trucks, highway safety rules and regulations add another layer of duties that must be honored. These rules and regulations impact accident cases because they add a third layer of duties that, if breached, help injured victims prove their cases. As just one example, highway safety rules and regulations impose rather lengthy rules for securing cargo. See the Summary page here from the Federal Motor Carrier Safety Administration. As described in the Summary, these — and other — regulations are intended “… to reduce the number of accidents caused by cargo shifting on or within, or falling from, commercial motor vehicles operating in interstate commerce …” For our purposes, this example shows how safety rules and regulations can make it easier to prove negligence because there are many more duties that are imposed on commercial trucks. Note that the four elements of negligence must be proven for each person/company that is at fault. But, each person/company can breach a different duty. So, the truck driver might be guilty of not paying enough attention, which breaches the duty of car,e while the truck company might have failed to load the cargo properly, which breaches the duty to follow safety regulations. Contact Waldorf, MD Personal Injury Attorney Robert Castro Today This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
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