Trucking Negligence
Truck drivers and their employers are subject to rigorous regulations and reporting requirements under the Federal Motor Carrier Safety Regulations. Time records often must be kept. Maintenance inspections must be done regularly, and “pre-trip inspections” before most runs. Commercial drivers are required to meet stricter standards of driving safety. What might be excusable for a private driver often is negligence for a commercial driver.
Again, fast action is often the key to a good result for a client. Trucking companies are required to keep critical records such as time records for drivers for only six months. Act fast, or lose that evidence. Some examples from our practice of documents obtained by acting fast:
+ A truck driver was found to have two sets of books for time records: one for being paid and the other for “meeting” federal rest requirements.
+ In a case with no independent witnesses, the truck driver’s story was severely undercut by records showing that he was on probation for discipline issues and would be fired if he got into any more trouble.
Federal Safety Rules Truck Drivers Must Follow
Federal rules set out detailed requirements that ordinary drivers never face. Violations are often at the heart of a trucking case:
- Hours of service: property-carrying drivers generally may drive no more than 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, and must take a 30-minute break after 8 hours of driving. Weekly limits also apply.
- Electronic logging devices (ELDs): most interstate drivers must record their hours electronically, which creates a valuable record of where the truck was and when.
- Driver qualification: carriers must verify a driver’s commercial license, driving history and medical certification, and must conduct drug and alcohol testing.
- Inspection and maintenance: brakes, tires, lights and coupling devices must be inspected and kept in safe condition.
- Cargo securement and weight: loads must be properly secured and within legal weight limits.
Common Causes of Truck Crashes
- Driver fatigue from pushing past hours-of-service limits
- Following too closely, given the long stopping distance of a loaded truck
- Speeding on highways such as I-83, I-695 and I-95
- Wide turns, blind-spot lane changes and jackknifes
- Brake and tire failures caused by poor maintenance
- Shifting or overloaded cargo
- Distracted driving and phone use
Who May Be Responsible in a Truck Crash
A truck crash case often involves more than one responsible party. Depending on the facts, claims may be brought against the driver, the motor carrier that employed the driver, the company that loaded the cargo, or the business responsible for maintaining the truck’s brakes and tires. Identifying every responsible party is important because serious injuries often exceed what one insurance policy will pay. Interstate motor carriers must carry substantially higher liability insurance than ordinary drivers, but insurers defend these claims aggressively.
Evidence We Move Quickly to Preserve
- Hours-of-service and electronic logging device (ELD) records
- Engine control module (“black box”) data showing speed and braking
- Driver qualification files, drug and alcohol test results and training records
- Inspection, maintenance and repair records
- Dispatch records, GPS data, cell phone records and dash-camera video
We send preservation demands early so that the trucking company cannot claim the evidence was routinely discarded.
Trucking companies and their insurers often send investigators to the scene within hours. Our goal is to level that playing field as quickly as possible.
Injuries in Truck Crashes
A fully loaded tractor-trailer can weigh twenty times more than a passenger car, and the injuries from these collisions are often catastrophic: traumatic brain injuries, spinal cord injuries, multiple fractures, internal injuries and, too often, death. These cases require careful work to document lifelong medical needs and lost earning capacity, and to present them clearly to an insurer or a jury.
Truck Crash FAQs
Who pays for my injuries? Usually the motor carrier’s liability insurer, but other companies — a shipper, a broker, a maintenance shop or the owner of the trailer — may also share responsibility depending on the facts.
What if the driver says he was an independent contractor? Federal rules and Maryland law can still make the motor carrier responsible for the driver operating under its authority. The relationship between driver and carrier is something we investigate early.
How soon should I call a lawyer? As soon as possible. Some records must only be kept for six months, and the truck’s electronic data can be overwritten. The trucking company’s investigators often go to work within hours of a crash; you deserve someone working just as quickly for you.
Can I still recover if the police report blames me? Police reports are not the final word. In one of our cases, a tractor-trailer driver insisted he never hit the car in front of him, but bolt impressions on the car’s rear bumper matched the truck’s bumper bolts perfectly. Physical evidence often tells a different story.
Maryland Law and Truck Crash Claims
Because a Maryland injury claim is subject to the strict contributory negligence rule, the trucking company’s insurer will look for any way to blame you. Solid evidence gathered early is the best answer. Most Maryland injury lawsuits must be filed within three years, but trucking evidence can be lost in a matter of months.
Trucking cases are part of our broader personal injury practice; see also automobile crashes and motorcycle collisions. If you were hurt while driving for work, you may also have a workers’ compensation claim.
If you or someone you care about was hurt in a collision with a tractor-trailer or other commercial vehicle, call 410-666-2200 or contact us right away. If you can’t get around, we make house calls.
