Accidents involving trucks are very devastating. A lot of these accidents happen in Maryland, especially in Baltimore and Prince George Counties, where there is a huge presence of trucks. Due to the size of trucks and weight of the materials being carried, the other motorists involved in such crashes usually suffer from severe injuries with some passing on. When you are involved in such, it is your right to be compensated for the damages as injuries can disrupt your life and put everything on hold. It would be best if you depended on a diligent Maryland Truck Accident Lawyer to stand up on your behalf as you recuperate from the injuries.
Our attorneys offer a free consultation to anyone involved in a truck accident to review the details of the incident and advise them on their best legal options. Call our Maryland injury firm today at (410) 525-5337 to learn how we can help you.
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What Should You Do After A Truck Accident?
We understand that it is not easy to remain calm in the aftermath of a truck accident. However, the steps you take will go a long way in determining how the case turns out. This way, amidst the anxiety and confusion, it is important to have an idea of what you need to do. Do not be tempted to drive away, even if your car is not damaged. Leave it on the scene and contact the police. They need to document the accident since the jury relies on their report when awarding compensation.
Be compassionate and help others if you are not injured. Some simple actions can save lives, though it should be noted it is not recommended to move someone after an accident unless they are in immediate danger. Ensure that you collect information from the other motorists, such as their insurance coverage information and driving license. If there are any witnesses around, ask them about the accident and get their contacts.
When you come out unscathed in an accident, do not assume that you are fine. Seek medical attention to clear the possibility of you suffering from any internal injuries. Finally, contact your truck accident lawyer in Maryland, to give them ample time to start working on your claim.
What Are the Laws Regarding Truck Accident Liability in Maryland?
The laws regarding truck accident liability in Maryland give victims a couple of avenues to recover from losses suffered. This is because trucking companies must comply with various state rules and regulations covering the weight of the load, route restrictions, and working hour limits for the drivers. Failing to adhere to any of these laws can serve as a solid basis for a legal claim.
For instance, Maryland has a contributory negligence rule that can prevent a plaintiff from compensation if they were at fault in any way. This applies even if their actions were 1% behind the cause of the accident. However, this rule applies if their conduct caused the accident and not the injuries suffered. An example is that the failure of a motorist to wear a seatbelt can cause injuries and not an accident; therefore, it does not count as contributory negligence.
Other laws that apply for these accidents include;
- Statute of limitations that explains the time limits for filing a claim
- The obligations to stop and exchange information after the accident
- The obligations to offer reasonable assistance to injured people after the accident, including helping to transport them to medical facilities
- The obligation to exchange relevant information after the accident
- The requirement to report accidents involving bodily harm and death to the authorities
- Suspension of licenses and registration for failing to provide correct information about an accident
How Can A Truck Accident Lawyer Help My Claim?
So much happens after a truck accident, and you need the services of a qualified Truck Accident Lawyer. This is because the claim process is not as simple as it might seem, and the defendants will try all they can do to reduce the amount awarded to the bare minimum. If you decide to face off with them, you will be battling some of the best lawyers in this niche, and your chances of winning are very minimal.
The investigation phase is critical, and here is where a truck accident lawyer comes in handy. The chances of you getting injured during an accident are very high, and you might not be in the best health condition to investigate. A lawyer will gather all the information you collected after the accident and start to investigate the matter in a bid to build a strong case. They will talk to the witnesses and use the images of the accident scene to show that you need to be compensated.
Once your Maryland car accident lawyer has all the facts, they will file the claim. It is important to file this claim with the evidence collected from the investigation phase to show the defendant your intent. Note that the amount to be compensated depends on how strong your claim is, and the lawyers who represent the trucking company understand this.
The negotiation phase is a tricky one since the trucking company attorneys will try to make you settle for a low amount of money. Your lawyer will handle this stage and hold up for the right amount. They will do this while consulting you since they understand the pros and cons of going into litigation. If the compensation amount offered is favorable, there is an opportunity to clear the matter without going to court, and they might beseech you to take it.
If they cannot agree, the matter will have to go into litigation. Here, your truck accident lawyer will present the case before a jury and let them give their verdict on the matter. They have the courtroom experience and will get statements from witnesses and evidence to prove your claim.
The truck accident laws in Maryland are complicated, and if you are not familiar with them, it is hard to get the compensation you deserve. The procedures for filing claims are involved and, rather than struggle with them, find a reliable attorney to help you out.
What Types of Compensation Can I Receive?
The compensation awarded in the event of a truck accident can be grouped into three. They include;
Economic damages are the most common ones. They are meant to cover the expenses incurred after an accident, for instance, repair or replacement of damaged vehicles, medical expenses, domestic services, and lost wages, among others.
These damages are subjective since they cover aspects that are hard to measure. They include pain and suffering, emotional stress, loss of enjoyment of life, and loss of consortium. These damages are calculated using a multiplier technique where the economic damages arrived at is multiplied by a number arrived at depending on the severity of the accident.
The most subjective of the three are punitive damages. They are different since they are not meant to compensate you for any loss on your part. They aim to punish the defendant and deter them from any future negligent behavior. This way, they vary greatly and only apply where the defendant was reckless in their actions.
Is There A Deadline for Filing a Claim in Maryland?
In Maryland, the statute of limitations indicates that a claim should be filed within three years of the date of the accident.
How is Fault in a Truck Accident Determined?
Fault in a truck accident is determined by assessing the actions of the involved parties during the accidents. While it is hard to recollect the exact happenings, the evidence collected immediately after the crash gives the jury a picture of what transpired. If the accident is a result of contributory negligence from both parties, then the plaintiff cannot recover any compensation. However, trucks are required to adhere to many laws regarding their conduct on highways.
Can A Lawyer Prove the Truck Driver was Negligent?
Yes, it is the work of your truck accident lawyer to prove that the truck driver was negligent. This should come out in the investigation phase, where they collect evidence regarding the accident. The police are among the first people to arrive at the accident scene, and they have to conduct their assessment of the accident to determine fault. Things such as skid marks, position of the cars after the crash, and witness statements are what help to prove negligence. Once all this is available, the lawyer fills a claim form giving the reasons why they believe that the truck driver was negligent and stating the amount of compensation you deserve for the damages.
Call A Maryland Truck Accident Lawyer To Get Your Claim Started
Truck accidents are not as straightforward as auto accidents due to the special set of Maryland laws that apply. This way, it is critical to seek the services of an experienced personal injury lawyer in Maryland and have them do the job for you. They will gather the facts, file a claim, negotiate with the defendants, and represent you in court if the matter goes to litigation.
Do not make the mistake of choosing any lawyer you come across, as they should have handled similar cases before and have a good track record. You want to deal with the best if you expect to get rightful compensation for your damages. If you are looking for one, check out Pinder Plotkin LLC, a reliable and experienced truck accident lawyer in Maryland. They have a team of experts ready to take your case and get you the compensation you deserve.