Carney, MD Truck Accident Lawyer
Countless 18-wheelers, semi trucks, and other big rig vehicles travel across the United States carrying large, heavy cargo loads every day. Unfortunately, the odds are that some of those trucks are going to be involved in truck accidents. Truck accidents almost uniformly lead to serious injuries for people because of how easy it is for a large, weighty vehicle like a truck to cause serious damage. Victims of truck accidents often end up with life-altering injuries, even after a lengthy, arduous recovery period.
If you were in an accident involving a semi truck or 18-wheeler around Carney, our lawyers can assist you. We are experienced attorneys who have argued many truck accident lawsuits before the court, and we are ready to help you. We can assess the facts of your case, talk to witnesses and other people involved, gather evidence, and fight hard to get you the compensation you deserve after an accident.
Call (410) 694-7291 for a free initial case review with the truck accident lawyers from Rice, Murtha & Psoras.
Damages in a Carney, MD Truck Accident Lawsuit
Damages are awarded to plaintiffs in a personal injury lawsuit to offset the impact of their injuries. The goal is to place the plaintiff as close as possible to where they were before the accident. Very frequently, the plaintiff’s injuries are such that they cannot literally return to how they were before the accident. Thus, damages in the form of financial compensation act as a substitute.
Economic damages are the most straightforward to understand. They are awarded for things with readily discernable monetary value. Items like physical therapy costs, hospital bills, payments for round-the-clock medical care, and vehicle damage from an accident are considered economic damages.
Unlike economic damages, non-economic damages are less concrete. Items that fall into this category generally will not have a bill, receipt, or other physical indicator of their worth. Examples of non-economic damages include mental anguish, physical pain, and lost ability to do everyday tasks due to your injuries.
Since each plaintiff will experience a different amount of pain and distress from their injuries, non-economic damages will vary greatly from plaintiff to plaintiff. You must decide on a reasonable amount to ask for in consultation with our lawyers.
Punitive damages are a unique type of damages when compared to the other two. As previously stated, damages exist to put the plaintiff back where they started. On the other hand, punitive damages exist to punish the defendant. Courts do not always reward punitive damages because they are only meant to be meted out to especially negligent defendants. Should you indent to ask for punitive damages, it is a good idea to have a good reason why the court should award them to you.
Who Should You Sue in a Carney, MD Truck Accident Lawsuit?
There are multiple parties you should take to court in a lawsuit after a truck accident. While you might only first think of going after the truck driver, the reality is that they may not be the only party responsible for your injuries. When you go over your case with our lawyers, we can help pinpoint other potentially liable parties to try and maximize your chances of recovering damages.
The Truck Driver
While there are other parties you should consider suing, filing a claim against the driver is still usually a good idea. The most common reason that truck drivers are liable for truck accidents is that they were negligent behind the wheel. In a legal context, negligence means that the driver was careless and their carelessness caused your injuries. Examples of negligent conduct that could lead to a trucker causing an accident include driving past the point of tiredness and fatigue, oversteering, or failing to adhere to basic traffic rules.
The Driver’s Employer
In addition to suing the truck driver, you should also seriously consider suing their employer. The law lets you sue employers for the negligent actions of their employees based on a legal principle called “respondeat superior.” The idea is that employers are frequently better situated to pay a plaintiff’s damages than employees. In many cases, a plaintiff’s injuries will require compensation that an employee simply cannot provide, even if the plaintiff is successful. Rather than leaving plaintiffs without options, courts let them hold the employer responsible instead.
The catch is that, for the employer to be liable, you need to establish that the employee was doing a work-related activity when they injured you. For example, if the truck driver was getting gas on a delivery route, the employer would be liable. If, on the other hand, the trucker was driving their truck to their friend’s house to skip work, the employer cannot be liable because they were not doing a work-related activity.
You should also make sure you sue the correct employer for the truck driver. Many truckers are contractors for trucking companies, so the company whose name is on the truck might not be the trucker’s employer.
If your accident was caused by a problem with the truck itself, you should consider including the truck manufacturer as a defendant. Truck manufacturers can be held liable for truck accident lawsuits when the accident was caused by a manufacturing defect. A manufacturing defect is a problem that arises during the construction or maintenance of the truck. The use of substandard materials, faulty airbags, or improperly installed brakes are all examples of manufacturing defects that could result in a manufacturer being liable in a truck accident lawsuit.
Call Our Carney, MD Truck Accident Lawyers to Talk About Your Case
Discuss your case for free with our Rice, Murtha & Psoras truck accident lawyers at (410) 694-7291.