Being involved in a truck accident is an experience no one should have to go through. Unfortunately, every year, thousands of people are injured or lose their lives in devastating truck crashes in the U.S. The financial consequences associated with this type of accident can be even more overwhelming as medical bills keep piling up.
With the help of an attorney, you can sue those responsible for the accident for financial compensation. Negligent truckers and the trucking companies they work for may be held liable, and they may have to pay for your many costs, injuries, and losses. After an accident, seek immediate help and call 911. The police may investigate the accident, and you should go to a hospital for immediate medical care. Call a lawyer for help as soon as you are ready.
Call our Baltimore truck accident attorneys at Rice Law at (410) 694-7291 and ask for a free, private legal review to begin your case.
How Do I Know Who to Sue After a Truck Accident in Maryland?
Truck accidents can be complicated. In truck crashes, there may be more than one liable party. Therefore, determining liability in these cases will depend on the totality of the circumstances. After a truck collision, you may feel shaken up, overwhelmed, or lost. You may wonder who is liable for your injuries and losses. To establish who is responsible for your accident, there are several elements to consider and actions to take.
Seek Immediate Help
One thing you should do is seek medical care. Calling 9-1-1 can ensure that you obtain medical assistance after your accident. Once a healthcare professional has assessed you, make sure to report the accident to the police.
This step is critical in establishing liability. The parties involved in a crash may claim they had nothing to do with it and that they are not at fault. However, a police officer can investigate the scene, ask any nearby witnesses about the crash, and fill out a report. This report can be essential down the road, as it may point to whoever is responsible for your accident.
Exchange Information
You should also strive to gather as much information as you can. Make sure to collect the names, addresses, phone numbers, and insurance information of all parties involved. This information can be valuable in the event of a claim, and it can save you time down the road.
You are also encouraged to take photos of the crash site so that you have visual evidence of the event. Your photos may preserve crucial details that would otherwise be lost when the accident scene is cleared from the highway.
Contact the Trucking Company Involved
All the data you collect can help identify who is liable for your accident. However, things can get complicated depending on the truck driver’s employment status.
A truck driver can be a direct employee of the trucking company or an independent contractor. If a truck driver is the direct employee of a company, the trucking company can be vicariously liable for the actions of its driver.
Generally, an independent contractor is not considered a direct employee of the company they provide services to. Under this status, the employer cannot be sued for the actions of the subcontracted service provider. In such a situation, you must sue the truck driver directly.
However, federal rules have made it possible for some people to sue a trucking company even if their driver is an independent contractor. For instance, if an independently-contracted truck driver gets involved in a car accident or motorcycle crash and the truck advertises their employer on the side, the employer could be liable.
Filing a Personal Injury Lawsuit After a Truck Accident
After being involved in a truck accident in Maryland, you may not know what to do or where to turn for help. Fortunately, the legal system allows you to pursue compensation through a personal injury claim.
Explore Your Insurance Options
The liable party’s insurance company may try to make a low-ball offer to avoid going to court. However, it is in your best interest to hold your decision until you have talked to a Maryland personal injury lawyer first.
You may recover greater compensation by taking your case to court. However, to obtain the compensation that you need, you have the burden of proving that the truck driver or the trucking company was negligent.
Determine How the Defendant Was Negligent
Part of the process involves showing that all the elements of negligence are present in your case. For instance, the first thing you need to show is that the truck driver owed you a duty of care, which is the conduct expected of a prudent, reasonable person. In other words, the truck driver owed you a duty to drive safely and avoid an accident.
Once you have established the duty of care, you can proceed to show how the defendant breached their duty of care. In other words, you will need to demonstrate that the truck driver did not take the necessary precautions to avoid an otherwise preventable accident. This is the step where negligence is attributed.
Connect Your Injuries to the Defendant’s Behavior
Next, you will need to show there was causation. During this stage, you will need to show a linking nexus between the defendant’s breach of duty and your injuries and losses. Finally, you will need to prove the losses for which you are seeking compensation. Once you have satisfied these requirements, the court may grant you the compensation you need for your personal injuries and other losses.
FAQs About Lawsuits for Truck Accidents in Maryland
Should I Sue the Truck Driver After a Maryland Truck Accident?
Yes. If the truck driver is directly responsible for the accident, it is crucial that we include them in the lawsuit. They may have insurance that applies to the accident and covers your damages.
Can I Sue Anyone Other Than the Negligent Truck Driver After a Truck Crash?
Yes. If we sue the negligent truck driver, we can and should also sue their employer, the trucking company. The trucking company may be held vicariously liable for the crash, and it likely has greater insurance and financial resources to pay for your damages.
How Many People Can I Sue for a Truck Accident?
You can sue as many people or entities as are necessary to get justice and fair compensation. You may include anyone in your lawsuit as long as we have evidence to prove that they are somehow responsible for the truck accident.
How Do I Prove My Claims in a Maryland Truck Accident Lawsuit?
We need evidence of the truck driver’s duty of care, what they did to breach this duty, the connection between the trucker’s negligence and the accident, and your damages. We must be able to prove your claims by a preponderance of the evidence, which means we must show it is more likely than not that the trucker’s negligence directly caused the accident.
How Do I Start a Lawsuit After a Truck Accident?
You can begin a lawsuit by hiring an attorney who can help you gather evidence and information about the crash. Your attorney should then use this information to draft and file a formal complaint against the negligent trucker and the trucking company. Once the complaint is filed, we must notify the defendants immediately and wait for them to file a response.
What Compensation is a Truck Accident Lawsuit Worth?
A truck accident lawsuit may be worth substantial compensation, depending on your injuries and losses. Many victims experience severe injuries and require costly medical care. Hospital bills alone in these kinds of cases are often worth many thousands of dollars. Other costs, like vehicle damage, lost income from being unable to work, and non-economic injuries for pain and suffering, may lead to claims worth tens or even hundreds of thousands of dollars.
Ask Our Maryland Truck Accident Attorneys for Help Now
Call our Maryland truck accident lawyers at Rice Law at (410) 694-7291 and ask for a free, confidential legal evaluation to begin your case.