A major trucking company in the U.S. is Cowan Systems. They have locations all over the country, including in Maryland, and can be seen on the road all the time. If you were injured in an accident caused by a Cowan Systems driver, our attorney can help you obtain financial compensation.
If the driver who caused your accident is a Cowan Systems employee, we can sue Cowan Systems under a theory of vicarious liability. However, Cowan Systems also employs numerous independent contractors, and vicarious liability may not apply. In that case, we may need evidence that Cowan Systems is directly liable or that the driver has been misclassified as an independent contractor when they are really an employee.
Ask our Maryland truck accident attorneys for a free case evaluation by calling Rice Law at (410) 694-7291.
Can I Sue Cowan Systems for a Truck Accident in Maryland?
Whether you can sue Cowan Systems for a truck accident depends on whether the negligent driver involved is a Cowan Systems employee or an independent contractor. This information will significantly influence the legal strategy our Maryland truck accident lawyers use in your case.
Drivers Are Employees
If the driver is an employee of Cowan Systems, we may sue Cowan Systems for the accident based on a theory of vicarious liability. Under this theory, an employer may be held vicariously liable for injuries caused by a negligent employee if the employee’s negligence occurred within the normal scope of their work.
The key characteristic of vicarious liability is that the employer does not have to be directly involved with an accident to be held responsible. As long as the employee’s negligence occurred within the ordinary scope of their regular work, the employer may be held responsible.
It is crucial to note that vicarious liability does not apply when the negligent driver is an independent contractor. Since Cowan Systems employs many independent contractors, we may have to deal with this.
Lack of Employee Screening
If vicarious liability does not apply in your case, we may find a way to hold Cowen Systems directly liable for the accident.
One possible strategy is to argue that Cowen Systems failed to implement proper safety procedures or to provide adequate safety training for drivers. A poorly trained driver is a serious risk, and Cowen Systems may be held responsible for creating such a risk if it directly caused your accident.
Mechanical Failures
It is also possible that the driver did not cause the accident. Instead, the accident might have occurred because of an equipment failure or some mechanical malfunction on the truck. This kind of problem often stems from poor truck maintenance, which Cowen Systems may be responsible for.
How Do I Begin a Lawsuit Against Cowan Systems for a Truck Accident?
Initiating a lawsuit against a company like Cowen Systems will require time and preparation. It is best to call a lawyer for help with your case as soon as possible to maximize the time you have to build your case.
Investigate the Truck Driver
We can start the case by investigating the truck driver. We need to determine whether they are a Cowen Systems employee or an independent contractor. This information will help us determine whether we can sue Cowen Systems and which legal strategy to use.
We also need to understand how the driver caused the accident. Were they speeding? Were they intoxicated? Did they fall asleep behind the wheel? Anything is possible, and we may need to conduct a thorough investigation.
Collect Information and Evidence
We cannot begin a lawsuit without information and evidence. When we file the initial complaint to begin your case, we must include evidence to back up your claims. While we do not have to include enough evidence to meet our burden of proof, we should include enough to show that you have a valid cause of legal action.
File a Civil Complaint in Court
Your case begins when we file a formal civil complaint in court. Filing the complaint is not a simple task. The complaint must contain lengthy and specific details about the accident, your damages, the parties involved, and why we believe Cowen Systems should be held liable.
As such, we need as much information and evidence as possible, which can take time to gather. If anything about the complaint is lacking or vague, it could be rejected by the court, and we would have to start completely over.
FAQs About Suing Cowan Systems for a Truck Accident in Maryland
Can Cowan Systems Be Held Responsible for Truck Accidents?
Yes. If the truck driver who directly caused your accident is a Cowen Systems employee, Cowen Systems may be held vicariously liable even if the company is not directly involved in the accident. Alternatively, Cowen Systems may be held directly liable if the driver was unfit for the job and should not have been hired.
How Do I Start a Lawsuit Against Cowan Systems for a Maryland Accident?
You can begin your lawsuit by hiring a lawyer with experience handling personal injury claims related to truck accidents. Your attorney can help you gather evidence and information, interview witnesses, and develop effective legal strategies before drafting and filing a complaint.
How Long Does a Lawsuit for a Truck Accident Usually Take?
Lawsuits may take time. Generally, once a lawsuit is filed, it may take several months before a trial is even scheduled. Many plaintiffs spend months preparing the case before it is even filed. It is not uncommon for personal injury lawsuits to take many months or even over a year.
Should I Try to Settle with Cowan Systems for a Truck Accident?
Maybe. The defendant, Cowen Systems, may offer a settlement to avoid trial, but you do not have to accept it. In fact, it is often advisable not to accept the first offer and to negotiate for something better. If the defendant is unwilling to offer a good settlement, you can reject whatever they offer and take the case to a trial.
What Evidence Do I Need to Sue Cowan Systems for a Maryland Truck Crash?
We need evidence about how the accident occurred. Witness testimony, videos, and photos from the accident may be crucial. We can also request copies of certain business records from Cowen Systems about the truck and drive during the discovery phase of your lawsuit.
Seek Legal Help from Our Maryland Truck Accident Lawyers Today
Ask our Mt. Airy, MD truck accident attorneys for a free case evaluation by calling Rice Law at (410) 694-7291.