Usually, if truck driver negligence causes a vehicle collision, the shipping or transportation company that owned the truck pays for the crash, under the respondeat superior doctrine. Employers can stop truck crashes before they happen. When they fail to do so, they are financially responsible for damages. Respondeat superior gives truck crash victims access to a very large source of recovery. Most shipping and transportation companies have deep pockets and are heavily insured.

However, respondeat superior adds another layer to an already complex matter. Most shipping and transportation companies are out-of-state holding companies. Frequently, because of their deep pockets, these companies hire lawyers who charge more than $2,000 per hour. An auto accident lawyer in Clinton, MD, from the Law Office of Robert R. Castro cannot compete with these resources. But just like David took out Goliath because he had right on his side, an attorney always obtains maximum compensation in a truck crash case.

Truck Driver Negligence

To obtain compensation, a truck crash lawyer in Bowie, MD, must prove negligence, or a lack of care. A little evidence goes a long way in a truck accident case, partially due to the low burden of proof, and partially due to the high standard of care.

The burden of proof in a negligence claim is only a preponderance of the evidence (more likely than not). Picture two stacks of paper sitting side by side. If someone moves a single sheet of paper from the left stack to the right stack, the right stack is taller than the left stack. That is a picture of the preponderance of the evidence.

Evidence in truck accident cases often includes the drivers Safety Management System report and the vehicle’s Event Data Recorder.

An SMS report is like a multistate driver’s license. The tortfeasor’s (negligent driver’s) driving record is usually admissible in court, especially with regard to prior safety violations. An EDR, which is like a commercial jet’s black box flight data recorder, measures and records key operational information, such as vehicle s[peed and engine RPM.

Legally, truck drivers have a duty of utmost case. That’s a step above a duty of reasonable care, which applies to most noncommercial drivers. As a practical matter, if a truck driver commits any driving error, no matter how slight, that truck driver was legally negligent.

Third Party Liability

Once upon a time, the respondeat superior doctrine was very narrow and only applied in a few cases. Maryland laws have recently expanded this legal rule, as follows:

• Employee: In this context, an “employee” is not limited to someone who receives a regular paycheck. Instead, employee control is the key area. So, independent contractors, owner-operators, and even many unpaid volunteers are “employees” for negligence purposes.
• Scope of Employment: Previously, this respondeat superior element only applied to regular truck drivers on their regular routes. Today, it applies if the tortfeasor was performing any act that benefited the employer in any way. Therefore, driving a bobtail to a garage is within the scope of employment.

Damages in a truck crash case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are also available, in some extreme cases.

Contact a Dedicated Calvert County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced car accident lawyer in Greenbelt, MD, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. You can also call us at (301) 870-1200 or go online.