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Maryland
Truck Accident
Frequenly Asked Questions
How do lawyers in Maryland handle truck accidents versus
other motor vehicle accident cases in Maryland? [Select
here]
Can I sue the truck driver's trucking company for my
injuries from the truck accident? [Select
here]
I was injured in a truck crash where a big-rig truck
jackknifed. Does this mean the truck driver was negligent?
[Select here]
What is the difference between the manner in which attorneys
handle truck accidents versus other motor vehicle accident cases
in Maryland? [Select
here]
Who can sue in a truck accident injury or fatal truck
accident in Maryland? [Select
here]
I was seriously injured in a truck accident. The accident
was the truck driver's fault but my injuries were made worse by
the fact that I was not wearing a seat belt? Can the truck driver's
lawyer use that against me at trial in Maryland? [Select
here]
Are trucking companies regulated by the law in Maryland?
[Select here]
My accident occurred in Washington, D.C. but I live in
Maryland. Should I hire a truck accident lawyer in Maryland or
a truck accident lawyer in Washington D.C.?
[Select here]
If I am partially at fault for the accident, can I still
prevail in a claim against a truck accident case? [Select
here]
Are trucks required by the law in Maryland to carry insurance?
[Select here]
FAQ Answers
How do lawyers in Maryland handle truck
accidents versus other motor vehicle accident cases in Maryland?
(FAQ)
In terms of the rules of the road in determining negligence,
there is no difference. There are four considerations attorneys
must consider in Maryland truck accident cases that are specific
to the handling of trucking cases: (1) Maryland and federal regulations
that apply to trucking companies, (2) the types of claims that
can be brought against the trucking companies, (3) the nature
of the investigation required by the truck accident lawyer, (4)
the tactical jurisdiction issues regarding the most appropriate
venue for the injury victim, and (5) the manner in which many
truck accidents occur as specific to semi trucks and other large
commercial vehicles (e.g., the problems associated with turning).
Can I sue the truck driver's trucking
company for my injuries from the accident? (FAQ)
In most truck accident cases in Maryland, yes. It depends on
the relationship between truck driver and the trucking company.
If such a relationship is demonstrated, the company can be held
legally liable for the truck driver's negligence under a legal
theory known as respondeat superior, which means that the agent
is responsible for the principal. The trucking company may also
be liable under the theories of negligent
entrustment or negligent
supervision if they failed to properly screen out drivers
they knew or had reason to know would untrained or unsafe truck
drivers. You would be stunned how many commercial truck operators,
particularly big rig trucks, are inadequately trained or have
driving records that demonstrate they should not be behind the
wheel of any vehicle, much less a commercial truck. There can
also be a claim for negligent maintenance, a related legal theory
truck accident lawyers in Maryland pursue when the company fails
to properly inspect and maintain the truck
I was injured in a truck crash where
a big-rig truck jackknifed. Does this mean the truck driver was
negligent? (FAQ)
Usually a truck jackknifes
because of the truck driver's negligence, often because the driver
locked up the trucks breaks. Because a truck driver could theoretically
jackknife without driver error, the truck accident lawyers on
behalf of the defendant will seek to avoid liability by arguing
that the truck jackknifed because of due to unforeseeable slipperiness
of the road or because it had to take an emergency turn to avoid
another vehicle. This argument can usually be defeated after a
full investigation of the physical evidence.
What’s the difference between the
manner in which attorneys handle truck accidents versus other
motor vehicle accident cases in Maryland? (FAQ)
Although the rules determining fault for the accident are generally
the same, there are special laws that apply to trucking companies.
Other differences in the way in which Maryland attorneys handle
auto and truck accident cases differently include the nuances
of how the truck accidents typically occur, the types of claims
that can be brought against the trucking companies, the nature
of the investigation required by the truck accident lawyer, and
the tactical jurisdiction issues regarding the most appropriate
venue for the injury victim.
Who can sue in a truck accident injury
or fatal truck accident in Maryland? (FAQ)
Your truck accident lawyer in Maryland can bring a lawsuit on
behalf of anyone injured or has had a loved one killed in a fatal
truck accident.
I was seriously injured in a truck accident.
The accident was the truck driver's fault but my injuries were
made worse by the fact that I was not wearing a seat belt? Can
the truck driver's lawyer use that against me at trial in Maryland?
(FAQ)
Under the Maryland Transportation
Code § 22-412.3, the fact that you were not wearing a
seat belt cannot be used against you at trial. (But in the future,
wear your seat belt, it may save your life.)
Are trucking companies regulated by the
law in Maryland? (FAQ)
Yes, there is a complicated statutory scheme that governs the
trucking industry. Click
here for more information about the background of these statutes.
My accident occurred in Washington, D.C.
but I live in Maryland. Should I hire a truck accident lawyer
in Maryland or a truck accident lawyer in Washington D.C.?
(FAQ)
There are many potential places to file a truck accident case
in this type of situation. Your truck accident lawyer must consider
the best venue given all of the factors, such as which jurisdiction
has a cap on damages, the reputation of the juries in a particular
jurisdiction, convenience of injured party, the attorney's subpoena
power over the witnesses, and a whole host of other factors. Your
case may be filed where the trucking company is incorporated or
does regular business, or where the trucking accident occurred.
Our truck accident lawyers often engage in battles with the trucking
companies over which jurisdiction is the most appropriate for
the case.
If I am partially at fault for the accident,
can I still prevail in a claim against a truck accident case?
(FAQ)
In Maryland, you cannot recover if you are partially to blame
(called contributory
negligence). In many other jurisdictions, under a legal theory
called comparative negligence, the amount of truck driver and/or
the trucking company would be liable for the percentage of fault
a jury attributes to their negligence.
Are trucks required by the law in Maryland
to carry insurance? (FAQ)
Yes. Commercial vehicles traveling in interstate commerce to
carry $750,000 of insurance for bodily injury and property damage.
Maryland also imposes the same limit for trucks traveling within
Maryland.
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