Hire A Former Trucking Company Defense Lawyer
Henderson Law founder, Wes P. Henderson, spent the early part of his legal career defending trucking companies and their drivers in truck accident litigation. This experience has provided Mr. Henderson with unique insight into how the trucking companies and their insurance companies defend these claims. It has also given him familiarity and insight into the detailed set of regulations directed at the trucking industry, known as the Federal Motor Carrier Safety Regulations. It is not unheard of for a driver or a company to violate these regulations, such as by having a driver operate a vehicle beyond the hours permitted under the law thereby causing a fatigued driver to be on the roadways.
Elements Of A Negligence Claim
Tractor trailers and big semi-trucks can cause considerable damage, personal injuries, and loss of life when they are involved in a car crash given their tremendous size and weight. While tractor-trailers and big semi-trucks have a tendency to do much greater damage than a passenger vehicle, a claim against a trucking company and its driver is typically the same negligence claim that would be brought in a case involving two passenger cars. The basic elements of a negligence claim are: (1) Duty (i.e., some obligation owed to another to conform to a certain standard of conduct); (2) Breach of Duty (i.e., failure to act in conformance with the recognized conduct); (3) Proximate Cause (i.e., the injuries must result from and be a reasonably foreseeable consequence of the defendant’s negligence); and (4) Actual damage or loss (physical injuries, medical bills, lost wages, pain and suffering, etc.).
In terms of motor vehicles, the Court will instruct a jury that the duty owed (or the standard of care) is that “[t]he driver of a motor vehicle must use reasonable care. Reasonable care is that degree of caution and attention that a person of ordinary skill and judgment would use under similar circumstances. What constitutes reasonable care depends upon the circumstances of a particular case.” MPJI-Cv 18:1 Standard of Care. For example, in a rear end motor vehicle accident, the Court may give an instruction on “proper lookout.” In particular, the Court may instruct a jury that “[a] driver of a motor vehicle has a duty to keep a proper lookout. The driver must reasonably observe traffic and other conditions that confront him or her.” See MPJI-Cv 18:3.
Hire A Uniquely Experienced Trucking Accident Attorney
If you have been the victim of a car collision involving a tractor-trailer or big semi-truck, then you may be entitled to compensation for your injuries and losses. It is important that you retain an attorney to represent you as soon as reasonably possible after an accident so that key information can be preserved and maintained. You will also want an attorney immediately working for you, as the trucking company has attorneys, adjusters, and others at its beckoning call to defend claims such as yours. If you are seeking to retain truck accident lawyer for your claim, please call Henderson Law today.
We Serve Clients Throughout Maryland and The District of Columbia
If you live on the Eastern Shore or Western Maryland, please do not be concerned about the distance between you and our office. We are happy to set up a virtual meeting or take other measures to minimize any inconvenience to you. We look forward to discussing your truck-accident case with you.