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Maryland Truck Accident Lawyer
Maryland Truck Accident Attorney
Commercial trucks are a crucial part of the supply chain in the United States, and Maryland drivers regularly encounter these large vehicles on roads throughout the state. While less common than passenger car accidents in Maryland, truck accidents are far more damaging, and the legal aftermath of a truck accident can be challenging to resolve. If you have experienced such an incident, a Maryland truck accident lawyer is the ideal resource to consult.
Experienced Legal Counsel for Truck Accident Claims in Maryland
Whitlock Law, LLC, offers client-focused legal counsel for a wide range of vehicle accident cases, including commercial truck accident claims. The average person is likely to have lots of important questions in the aftermath of a truck accident that they cannot answer alone, and even if they think they have a firm understanding of their claimable damages, actually holding an at-fault driver accountable may be more challenging than they expect.
When you choose our firm to represent you in a truck accident claim, you will have years of professional legal experience behind you. You can rely on your Maryland truck accident lawyer to help gather the evidence needed to prove fault for your accident, identify all your claimable damages, and guide you through whatever proceedings may be necessary to ensure the fullest possible recovery.
During your initial consultation with our team, you can ask whatever questions you believe to be necessary to judge our suitability to represent you. It is vital to choose an attorney who makes you feel comfortable and who can provide satisfying answers to your most pressing legal questions. Our team can listen to your story, provide our initial impression of your case, and explain the legal services we can provide for you.
Our goal in your truck accident case is to firmly establish liability for the accident and help recover the maximum compensation possible under state law. You may be entitled to more compensation than you initially realize, but there is always a chance of encountering unexpected challenges that you will not be able to resolve alone. Our team is ready to provide the guidance and support you need in the complex proceedings ahead of you.
Common Causes of Truck Accidents in Maryland
You have the right to seek compensation for your recent truck accident in Maryland as long as you can prove that another party is entirely responsible for causing the crash. The state enforces the contributory negligence rule, meaning that if you bear any measure of fault for causing your accident, you cannot claim compensation from any other party. The defendant in your case may assert contributory negligence, and you will need to disprove this allegation to recover compensation.
Most of the truck accidents reported throughout the state each year are the results of driver negligence, and truck accidents can happen in the same ways that all other vehicle accidents happen. However, commercial trucks are subject to a few unique safety issues that you must understand.
Some of the most commonly reported causes of commercial truck accidents in Maryland include:
- Speeding: This is one of the most common causes of all vehicle accidents in the state, and speeding is especially dangerous when it comes to commercial trucks. These vehicles are much larger and heavier than passenger cars, so they require more time and distance to slow down or stop when necessary. Trucks are capable of causing tremendous damage when accidents happen at high speeds.
- Distracted Driving: Throughout the United States, distracted driving is one of the most commonly cited causes of accidents each year. Anything that draws a driver's attention away from operating their vehicle can potentially cause an accident. Texting behind the wheel and other cell phone use is the most common form of distracted driving responsible for accidents in the state.
- Moving Violations: All drivers have a duty of care to abide by posted traffic signals and maintain a safe flow of traffic. Road signs and traffic signals exist to allow drivers to anticipate the actions of others, and failure to abide by these signals can easily cause accidents. Illegal turns, running red lights or stop signs, and failure to yield the right-of-way are examples of moving violations that may lead to truck accidents.
- Intoxicated Driving: It is illegal for any driver to operate a vehicle while under the influence of alcohol or drugs. Penalties for driving under the influence (DUI) can include fines, incarceration, and driver's license suspension, and a commercial driver is likely to lose their commercial driver's license (CDL) if they cause a drunk driving accident. The at-fault driver will also be liable for any damages they cause to others with their behavior.
- Faulty Truck Maintenance: Commercial trucks have more complex internal components than most passenger cars and spend more time on the road than other vehicles, so they have much greater maintenance requirements. The party responsible for maintaining or repairing a truck could be liable for an accident if they perform necessary work incorrectly or fail to address known mechanical issues with the vehicle.
- Improper Cargo Loading: Commercial trucks, especially tractor-trailers, need to be packed correctly, or they can become imbalanced in transit. This could cause the driver to lose control over the vehicle, easily creating a very dangerous situation for themselves and all others around them. Special types of cargo, like oversized loads, construction materials, and smaller vehicles, have specific packing and security requirements that must be followed.
No matter how your recent truck accident happened, proving fault will be a critical first step in your recovery process. Immediately following the accident, you should make sure it has been reported to 911 and remain at the scene of the crash until first responders arrive. If you are able to do so, use this time to take as many photos as you can of the accident scene. Photos of your injuries and the damage to your vehicle could be invaluable in your efforts to recover compensation.
Once you address your immediate medical needs, an experienced Maryland truck accident lawyer can help gather the evidence you will need to establish fault for your accident. This evidence could include the photos taken at the accident site, physical evidence from the road, cell phone records, vehicle black box data, and traffic camera footage. It will also be crucial to obtain statements from any witnesses who saw the accident happen.
If a truck accident case involves complex technical issues, an attorney can consult expert witnesses for their professional insights. For example, engineers or accident reconstruction experts can help prove the forces at play in an accident, explaining exactly how it occurred. Medical experts can also help substantiate a plaintiff's claims regarding the severity of the injuries they suffered and the long-term complications they face because of them.
Vicarious Liability in Maryland Truck Accident Cases
The state's fault rule for vehicle accidents states that the party who caused an accident is liable for the resulting damages. However, one issue that can make truck accident cases more complex than most other vehicle accident cases is vicarious liability, which indicates that one party is liable for the actions of another when they act as an agent or employer of the liable party. A trucking company could bear liability for the actions of its employees in certain cases.
For example, if a truck driver caused an accident but their employer never performed an appropriate background check on the driver that would have revealed a significant safety risk, the employer is likely to face vicarious liability for the accident. It is also possible that more than one driver may have caused your recent truck accident. An experienced Maryland truck accident lawyer is your most valuable asset for proving the exact cause of your damages.
Filing Your Auto Insurance Claim
State law requires every driver to have personal auto insurance coverage that meets basic coverage requirements for property damage liability and bodily injury liability per person injured in an accident caused by a policyholder. At a minimum, a driver's policy must have $15,000 or more in property damage liability coverage and $30,000 or more in bodily injury liability coverage per person, with a total accident requirement of $60,000 for bodily injury.
These coverage amounts may seem like they should be enough to fully cover the damages from a truck accident, but this is often not the case. Trucking companies and their drivers also commonly have greater coverage than what is required, at minimum, for an individual private driver, but insurance still may not be enough to fully compensate you for your losses due to the damage that truck accidents often cause. Dealing with insurance companies is also difficult.
Insurance companies tend to look for any reasons they can find to deny claims for coverage or justify the lowest possible settlement offers to injured claimants. It is possible that the other driver's insurance carrier could reach out to you directly following your accident, asking you to accept a settlement. Never discuss a settlement with an insurance company immediately following your accident without consulting an attorney.
Your Maryland truck accident lawyer can ensure that your claim is handled appropriately and that the insurance company acts in good faith throughout your interactions with them. If your claim is denied, your attorney can help you address this issue effectively, and if the insurance company sends a lowball settlement offer, your attorney can renegotiate for you, helping you maximize the results of your insurance claim filing process.
Recovering With a Personal Injury Claim
You have the right to file a personal injury claim in response to your truck accident when insurance alone cannot fully compensate you for your losses or if the at-fault driver does not have insurance. To succeed with any personal injury claim, the plaintiff must identify the party who caused their damages, prove exactly how they caused those damages, and then prove the full extent of their damages.
If your truck accident happened because of negligence, success with a personal injury claim would require proving the defendant held a duty of care they breached in some way and consequently caused your claimed losses. You also need to prove causation, meaning your damages could not have occurred from any other cause and are solely the results of the defendant's negligence. Alternatively, you may need to prove the defendant injured you by breaking the law.
The objectives of your personal injury claim are to ensure accountability for the driver who caused your accident and to recover compensation for the damages they inflicted. Once fault is established, your attorney can help you proceed with claiming compensation for the damages the defendant caused.
These damages are likely to include:
- Medical Treatment Costs: If another party has physically injured you, they are liable for any medical treatment costs associated with the injuries they inflicted. This includes both immediate and future medical expenses arising from your accident, so if you require any ongoing rehabilitative care, the defendant is liable for these costs as well as all your immediate medical expenses.
- Lost Wages: Your injuries could prevent you from working for an extended time. If so, the defendant who injured you is liable for the wages you cannot earn during this period.
- Lost Earning Potential: Unfortunately, some victims of truck accidents are left permanently disabled by their injuries, and they cannot return to work. If this applies to your case and your future earning power has diminished after a truck accident, your attorney can help secure compensation for the future income you should have been able to earn.
- Property Damage: Auto insurance may cover some vehicle repair and replacement costs, but a personal injury suit also enables you to seek compensation for damaged or destroyed property.
- Pain and Suffering: Along with your economic damages, you also have the right to seek financial compensation for your physical pain, emotional distress, and psychological trauma resulting from the accident. State law caps how much a plaintiff can recover in pain and suffering, and this cap increases each year. Your Maryland truck accident lawyer can assist you in maximizing the pain and suffering compensation you obtain.
You might discover that your case is worth much more than you initially expected once you have experienced Maryland truck accident lawyers representing you. Whitlock Law, LLC, always aims to help our client maximize their recovery, especially following serious incidents like commercial truck accidents that have a high chance of causing life-changing harm to those involved.
It is important that you have an experienced lawyer review the details of your case so you do not accidentally accept a lower settlement than you legally deserve. Remember that an insurance company will look for any reason they can find to deny your claim or minimize their settlement offer, and once you accept a settlement from a defendant in a personal injury suit in Maryland, it will release them from any future liability for your damages.
Ultimately, an accurate assessment of all your claimable damages and the successful obtaining of compensation for those damages are much easier with an experienced Maryland truck accident attorney on your side. Whitlock Law, LLC, seeks maximum compensation for every client we represent, and we can provide the legal representation you need whether you expect to recover through an auto insurance claim, file a personal injury suit, or pursue multiple avenues of legal recourse.
What to Expect From Maryland Truck Accident Lawyers
When you hire Whitlock Law, LLC, to represent your truck accident case, you are investing in substantial professional experience in personal injury law and a dedicated legal advocate who can provide the compassionate guidance you need to reach optimal results in your recovery efforts. Our goal is to help you approach your case with confidence, managing your legal affairs for you so you can focus on healing and your personal obligations.
Our firm can gather the evidence and witness testimony you will need to prove the exact cause of your accident and accurately identify the at-fault party or parties. We also know how to determine whether a trucking company bears vicarious liability for the actions of its driver and/or if they have broken applicable trucking industry regulations. If applicable to your case, we can explain how a defendant's illegal misconduct could impact your recovery.
Most of the personal injury cases filed end privately in settlement negotiations. If you are able to settle your case in this manner, we can guide you through each step of the process and help you achieve a positive result as swiftly as possible. If settlement is not an option, you can rely on our firm to represent you in the courtroom, presenting solid legal arguments and effectively leveraging evidence and witness testimony for you.
You will not need to worry about expensive upfront legal fees thanks to our contingency fee billing policy, and we can immediately begin working on your case as soon as you secure our representation. We know that time is a critical factor in your recovery and that your losses are likely compounding by the day. You can rely on our firm to do everything we can to maximize your recovery in the shortest possible timeframe.
Maryland Truck Accident FAQs
The amount of compensation you can claim for a truck accident will depend on the severity of your damages. The state upholds the fault rule, so the party at fault for an accident is liable for all of the resulting damages. Your truck accident lawyer can review the details of your case and provide an estimate of the total compensation you may be able to recover from the defendant.
The owner of a vehicle is not liable for an accident if they were not driving. The driver who caused the accident is liable for all resulting damages. However, insurance follows the vehicle in the state, so when one person lets another person borrow their vehicle, they are effectively allowing them to borrow their insurance coverage as well. It is also possible for a vehicle owner to be held vicariously liable for an accident in certain situations.
If a truck accident is fatal, the surviving family of the victim would have the right to pursue a wrongful death claim in Maryland against whoever caused the accident. This type of personal injury claim seeks compensation for the damages sustained by the victim's family. The surviving family may proceed with filing an auto insurance claim against the at-fault driver, but a wrongful death suit offers a more expansive recovery.
You need to hire a trucking accident lawyer for your case if you want to reach the optimal outcome. While it is technically possible to pursue compensation on your own, and state law does not strictly require you to hire an attorney, having trusted legal counsel on your side significantly increases your chances of success with all the recovery efforts you attempt after your accident.
Attorneys' fees for a truck accident attorney can vary based on the attorney's billing policy. Whitlock Law, LLC, offers contingency fee billing for personal injury clients, so you will only pay a percentage of the total compensation we obtain for you as our fee after we have won your case. However, we only collect our contingency fee if we are able to win your case, and there is no fee at all if we cannot secure a recovery.
Whitlock Law, LLC, has extensive experience resolving all types of complex motor vehicle accident cases for our clients, and we are ready to apply this experience to your impending case. We know that no two cases are exactly alike, and we will do everything we can to help maximize the results of your recovery efforts. To learn how a seasoned Maryland truck accident lawyer can help with your recovery, contact us today at 301-565-1655 to schedule a free consultation.