Semi-truck accidents frequently happen in Maryland, especially on most crowded roadways and highways. it is a well-known fact that truck accidents often lead to devastating, life-altering consequences. Truck accident injury victims may want to pursue compensation for their losses and look for ways to recover from their injuries and cover their expenses. For many truck accident victims, settling a case may be the best available option. However, this may not always be the case. It is possible to take your case to court and get better compensation. Our Maryland truck accident attorneys from Rice, Murtha & Psoras explain.
Will My Semi Truck Accident Go to Trial in Maryland?
As a truck accident injury victim in Maryland, you may wonder if your case will make it to court. Whether you can take your case to trial most of the time will depend on the specific circumstances of your case. For instance, it is possible your truck accident can be settled outside of the court. This may seem logical for cases where the injuries and overall losses are minimum. However, this doesn’t mean you should take your settlement case lightly. Most of the time, settling a case out of court is the preferred resolution method for most insurance companies.
Insurers will always look for ways to provide as little coverage as possible and may try to avoid paying you compensation if they can. Many times, they will give the claimants a low-ball offer to prevent taking their case to court. This is especially true for claimants who are not accompanied by an experienced Rockville semi-truck accident attorney. On the upside, truck accidents can provide you with a chance to get a large settlement because there may be more than one party involved in your case. However, this also means the insurance company will work harder to ensure a lower payout. it is always in your best interest to hire a dedicated Columbia, MD truck accident lawyer who can help you.
On the other hand, you may want to take your case to court, where your chances at a higher compensation may be possible. When you try to settle your case outside the court, you’d be leaving your pain and suffering out of the equation. Insurance companies may only provide coverage for economic damages (property damage, lost wages, and medical bills, etc.), leaving compensation for pain and suffering out.
What Can I Expect if I Take My Semi Truck Accident to Trial in Maryland?
Taking your semi-truck accident case to court can provide you with an opportunity to get the most out of your compensation. Truck accidents are different from any other vehicular accident in the sense they may involve multiple parties. Moreover, truck crashes can also be complicated and require a lengthy period to gather the evidence needed to prove your case. Thus, you can expect a longer process than a settlement. However, if you are able to prove your claim, you can expect better compensation.
In a truck accident lawsuit, the court will expect you to provide evidence to support your claim. In these cases, the plaintiff has the burden of showing the defendant’s negligence. To achieve this, you must prove the existence of four main elements. These elements are known as a legal duty, breach, causation, and damages or losses. Each element must be supported by evidence. Only after you have provided the court with sufficient evidence you can get your compensation.
The Legal Duty
The legal duty stems from the obligation every individual has to behave like a prudent, reasonable person. This legal obligation extends to all of the things we do every day. In truck accident cases, the truck driver must make sure they operate their vehicle safely. the trucking company must make sure all of their vehicles are safe to drive. Additionally, the truck manufacturer must make sure the designing and manufacturing processes are free from flaws that may lead to an accident.
Breach of the Legal Duty
The breach of the legal duty refers to the failure to meet the legal obligation of acting as a prudent, reasonable person. In a truck accident claim, you can provide evidence showing the truck driver failed to adhere to traffic law, engaging in negligent actions that led to your accident. Additionally, you can provide evidence showing the trucking company was involved in practices that put you in harm’s way, such as failing to provide adequate maintenance to their trucks. Moreover, you can provide evidence to show the truck manufacturer was unable to design and manufacture their products properly, which led to your accident and losses.
Causation
Causation requires you to show there is a link between the defendant’s actions – or omissions – and your losses. This can be a very challenging point to prove, as you will need specific evidence establishing the causation link. However, this is something your Maryland personal injury attorney can help you solve.
Damages
Finally, you will need to show the court you suffered losses that justify a legal remedy’s concession. Common examples of damages or losses include your medical expenses, lost wages, and pain and suffering.
It is also essential to act quickly after your truck accident in Maryland. the statute of limitations grants you a limited time to file your claim. If you miss this filing window, the court may refuse to hear your case. Our Carroll County truck accident lawyers can help you with all of these legal matters.
Maryland Semi Truck Accident Lawyer Offering Free Consultations
If you or a loved one was injured in a truck accident caused by a negligent trucker, trucking company, or truck manufacturer in Maryland, we can help. Our Maryland and Baltimore personal injury attorneys from Rice, Murtha & Psoras, can help you fight aggressively and strategically for the compensation you deserve. Thanks to our many years of experience handling countless truck accident claims in Maryland, we have developed the necessary skills to ensure you get the quality legal representation you deserve. To learn more about our legal services in a free, confidential consultation, call our law offices today at (410) 694-7291.