Maryland, like many states along the eastern seaboard, sees a lot of truck traffic. I-95 and other highways throughout the area carry freight from port cities like Baltimore daily, with semi trucks and 18-wheelers carrying tons of cargo.
This high truck traffic carries risks for other drivers on the road, and dozens of people are injured or killed each year in truck accidents in Maryland. If you or a loved one was injured in an accident with a semi-truck in Maryland, call Rice Law today. Our Maryland semi-truck and 18-wheeler accident attorneys represent injury victims and their families.
We work to get them fair compensation for serious injuries through lawsuits against trucking companies and insurance companies. For help with your case, call our law offices today at (410) 694-7291 to set up a free legal consultation.
What to Do Following a Crash with an 18-Wheeler or Semi Truck
Any auto accident may be an extremely dangerous situation, but truck accidents tend to be more extreme than most other collisions. The steps you take after the accident may determine how quickly you get help and whether there is enough evidence to support your claims for damages.
Your top priority should be to get emergency help. If you or someone else at the crash scene has a cell phone, call 911 immediately. It is wise to have emergency medical responders and the police dispatched to the scene. If you are not badly hurt and do not need an ambulance, you should remain at the scene until the police arrive.
While waiting for help, you should try to document the scene, if you can. Take photos, record videos, and write down the names and contact information of others at the scene. All this information may be important later when you claim damages in a lawsuit or insurance claim.
After you get medical care and you have spoken to the authorities, call a lawyer for help. An attorney will review your legal options, assess your case to determine the compensation you deserve, and help you file your claims.
Who You Can Sue After a Semi Truck or 18-Wheeler Accident
Truck accidents are often large-scale accidents that injure numerous people. While truck drivers may be implicated, they might not be the only ones.
The Truck Driver
First, our Maryland truck accident lawyers will help you investigate the truck driver for negligence. Many cases are related to negligent acts or omissions by truckers. Remember, these drivers are behind the wheels of enormous rigs, and one false move could spell disaster.
Drivers are often tired after many hours on the road, and driver fatigue is common. When trailers are improperly loaded, they may be unbalanced and prone to tipping. Speed is a major problem with trucks because they cannot stop very quickly, and truckers might be unable to avoid collisions at certain speeds.
The Truck Company
If a truck driver is found to be the direct cause of an accident, their employer, the trucking company, may also be held liable. According to the legal theory of respondeat superior, when an employee negligently causes injuries while in the course of their normal duties, their employer may be held vicariously liable.
It is often a good idea to include trucking companies in cases like this. They tend to have greater resources with which to cover your damages.
Third Parties
People or entities not directly involved in the accident may still be held responsible, depending on the circumstances. A common example of suing a third-party for a truck accident involves negligent manufacturers. If a truck part or piece of equipment fails and causes an accident, we may sue the manufacturer if the part or equipment was defective.
Can I Sue for a Truck Accident if I am Partially Responsible?
Collisions with semi-trucks or 18-wheelers are often difficult to figure out. They are often so large in scale that no single driver has a complete account of what happened, and experts may have to recreate the accident to determine who is at fault. It is not unusual for plaintiffs in these cases to share some of the blame without realizing it.
Maryland is one of only a few states that enforces pure contributory negligence laws. Under these laws, which are rooted in common law, if a plaintiff is even the slightest bit responsible for their injuries, they may be completely barred from recovery.
However, even if you might have been slightly negligent during the truck accident, you might be saved by the Last Clear Chance doctrine. This doctrine, also rooted in common law, essentially holds that the last person to have a clear chance of averting the accident but fails to do so may be responsible.
If you are partially to blame, you might still be able to sue if we can prove that the defendant had the last clear opportunity to avoid the crash.
Common Causes of Semi Truck & 18 Wheeler Crashes in Maryland
Semi-trucks and 18-wheelers are often some of the most dangerous vehicles to drive alongside. These vehicles are so large and heavy that they are difficult to maneuver and pose challenging visual obstructions.
These vehicles can cause crashes in many ways, potentially resulting in the trucking company being responsible for any injuries the crash causes. The following are all common causes of truck accidents, along with an explanation of who is at fault in such a crash.
Jackknife Accidents
Sometimes a truck’s trailer can begin to sway back and forth. This can lead to the truck losing stability and fishtailing to the side. In cases where the truck’s cab folds alongside the trailer, the truck can actually crash on its own and potentially even flip from this kind of “jackknife” accident.
This can potentially cause serious risks to others on the road, such as pileups and multi-car crashes, potentially injuring many people. Trucks fishtail primarily because their trailers are loaded improperly, usually with too much cargo resting too far back in the trailer or too high above the center of mass. These accidents are often the responsibility of the driver and the trucking company.
Improper Lookout Accidents
One of the leading causes of truck accidents is failing to keep a proper lookout. Truck drivers often have multiple mirrors, some with convex surfaces or camera assistance, to help drivers see the areas of the road in their blind spots.
Drivers can often prevent accidents by taking full advantage of their mirrors and cameras, but if they do not check for other cars before changing lanes or merging, they can easily cause accidents and push other drivers off the road. These accidents would typically be the truck driver’s fault.
Exploding Truck Tire Accidents
Truck tires are typically governed by special rules that require a certain tread depth or require new tires to be used on wheels responsible for steering. Despite these rules, trucking companies will often work to save money on tires by having old tires re-treaded.
Replacing the tread on a tire is common practice and can be safe in some circumstances, but re-treaded tires are not always legal or properly installed. Sometimes, these tires wear unevenly or overheat because of improper re-treading or improper inflation.
This can cause tires to shed layers or explode, potentially striking other cars or causing the truck to crash. Truck drivers and their employers are often responsible for equipment malfunctions like this.
Tired and Drunk Driving
Truck drivers spend long hours on the road. Drivers may become tired or inattentive after long shifts, and they may turn to drugs or alcohol to keep them “buzzed” or alert.
In cases where a crash is caused by an 18-wheeler driver’s sleepiness or intoxication, they are typically found to be in violation of trucking regulations or traffic laws.
Rules limiting truck driver shifts might be ignored, as might drunk driving and drugged driving laws, which can be legal grounds to hold the trucking company and the driver responsible for crashes from these kinds of accidents.
Other accidents can occur involving everyday driving errors and negligence, such as speeding or failing to stop at a stop sign or red light. Talk to a lawyer for help understanding who was at fault in your truck accident case and how to hold them liable.
Evidence to Support Your Claims in a Semi Truck Accident Case
Proving any case requires evidence. While much evidence may come from the accident scene, your attorney can help you investigate for more evidence elsewhere.
Video Evidence
Video footage of the accident may be extremely powerful evidence. The truck itself might have had a camera equipped that recorded the accident. You or other drivers might have had dash cams. We can also check around the accident scene for businesses or properties with private security cameras.
Witness Testimony
Even without video evidence of the crash, we can still piece together what happened through witness testimony. Since truck accidents often involve multiple drivers, there might be many witnesses who can back up your claims that the trucker was negligent. The more witnesses whose stories align with yours, the stronger your case may be.
Records From the Trucking Company
We may also request copies of certain records from the trucking company during the discovery phase of the case. These records may shed light on how the trucker was hired, whether they were properly licensed and trained, and how long they had been on the road the day of the accident.
Common Damages in 18-Wheeler Injury Lawsuits in Maryland
Victims of trucking accidents might treat their case like any other auto accident and file a claim with the at-fault driver’s insurance company.
While trucking companies carry insurance, and their drivers might have additional insurance policies, the coverage from these policies might not be enough to cover your injuries and vehicle damage.
This often means you might need to turn to a lawsuit to get the full damages you faced in your crash.
Most insurance policies will cover the cost of a victim’s medical expenses and lost wages stemming from the crash. However, these damages might be covered only up to a certain percentage in an insurance claim. There are also additional damages that go unaccounted for unless you file a lawsuit.
Victims of auto accidents typically suffer vehicle damage, medical expenses, and lost wages, but they might also suffer intangible harm. Many of these non-economic damages, such as compensation for physical pain and emotional distress, are grouped generally under the title of “pain and suffering.”
These damages can be substantial in some cases, and they usually cannot be claimed in an insurance case. Instead, you have to sue to get these damages paid.
In cases against large companies, you might also be able to claim punitive damages in a lawsuit to punish especially negligent companies.
How Much Time Do You Have to Sue After a Semi Truck Accident?
You might be badly hurt and in need of time to rest and think, but you should avoid taking too much time. If we do not file your case in court within the time set by the statute of limitations, you might be barred from filing the case at all.
According to Md. Cts. & Jud. Proc. Art., § 5-101, plaintiffs have only 3 years to file a personal injury case in court. Your time usually begins on the day of the accident, which means the clock might already be counting down.
The statute of limitations is incredibly rigid, and exceptions are allowed only under very special conditions that you should discuss with your lawyer. Not being aware of the statute of limitations is not a good enough reason to give you more time.
Call Our Maryland Semi Truck and 18-Wheeler Accident Attorneys for a Free Case Review
After an accident with a large truck, semi-truck, 18-wheeler, or other commercial truck, it is essential to take your case to an experienced injury lawyer.
Rice Law ’s semi-truck and 18-wheeler accident injury lawyers represent injury victims and their families and work to hold the trucking companies and insurance companies involved financially responsible for the damages you and your family suffered.
For a free case review, contact us at (410) 694-7291.