Truck accidents often cause catastrophic injuries that leave victims facing a long road to recovery. To heal fully, you will need significant compensation for treatment and lost time from work. This is where our truck accident lawyers can help.
Countless types of commercial trucks operate in and around Waldorf. The truck that injured you matters because it can identify other parties you may be able to sue. Depending on the circumstances, other parties, including the trucker’s employer, could share the blame for your damages. We are prepared to fight for you in court from the start of discovery all the way through trial and beyond.
For a free, private case evaluation from our truck accident attorneys, call Rice Law at (410) 694-7291.
Types of Trucks that Can Cause a Truck Accident in Waldorf, MD
The type of truck that caused your accident will play an important role in your case, as it often indicates who the truck is owned by and what parties should be sued. The following are the types of trucks that our truck accident attorneys commonly see involved in accidents in Waldorf:
Semi Trucks
Semi trucks are large vehicles that can severely damage other motor vehicles, property, and people in an accident. Tractor-trailer trucks can cause the most devastating injuries of any motor vehicle. The sheer size and weight of 18-wheelers make it so that severe injuries are virtually a certainty in a truck accident involving one.
Tanker Trucks
Tanker trucks can be especially dangerous in accidents. Often, tankers carry hazardous chemicals or waste. If those substances are flammable, you could suffer severe burns in addition to other injuries sustained in a truck accident. Moreover, highly volatile compounds in tanker trucks can explode, causing even more serious damage.
Amazon, UPS, FedEx, and Other Delivery Trucks
Delivery services have strict timetables to meet, and companies like Amazon can pressure drivers to complete as many deliveries as possible. Overworked drivers are more likely to make costly mistakes on the road, whether from rushing to a destination or fatigue.
Rental Moving Trucks
Often, drivers of rental moving vehicles are less experienced than full-time truckers. This makes them more likely to make mistakes and get into accidents. An accident involving a rental moving truck could also damage your personal property if it is inside the truck, and this could be added to your damages in court.
Flatbed Trucks
Flatbed trucks often get into accidents when their cargo is not properly loaded and secured. Strict rules dictate how certain items must be loaded and secured to prevent them from rolling off or slipping off the back of the truck. If trucking companies do not follow these rules, they can be held liable for injuries caused by improper loading. Additionally, trucking companies could be liable if improperly secured cargo falls off the truck and injures another driver.
Tow Trucks
Tow trucks present some unique ways for accidents to occur. If the car being towed is not properly secured to the tow truck, it could detach itself and hit an unsuspecting motorist. Additionally, the item being towed can move around while attached to the truck. If the tow truck driver is not careful, the thing it is dragging behind it could hit other motorists.
Dump Trucks
Dump trucks do not secure their cargo in the bed because it is debris from construction sites or other locations. As a result, debris can fly out of the truck bed onto your vehicle or the road. Debris from a dump truck can endanger motorists if it isn’t cleared from the roadway.
Concrete Mixers
Concrete cement trucks are particularly prone to rollover accidents. The constant movement of cement inside their containers shifts the truck’s balance and can cause it to roll over, trapping people in their vehicles underneath the truck.
Concrete mixers should be turned off while the truck is in motion. However, a negligent driver might forget to turn it off, increasing the risk of a rollover accident.
Garbage Trucks
Garbage trucks make frequent stops along their route, which can be unpredictable for other drivers. A negligent garbage truck driver could stop too erratically for other drivers to react in time, or lose track of what they are doing and accidentally hit a person or other vehicle.
Fire Engines and Ambulances
Fire trucks and ambulances often drive at high speeds to get to locations of emergencies. Laws are in place that require other drivers to get out of the way of these vehicles, but accidents can still happen. Fire truck or ambulance drivers need to be extra careful when driving at such high speeds. If a driver is negligent or loses control of the vehicle, they may cause a severe accident.
Suing a Truck Driver for an Accident in Waldorf, MD
Negligent truck drivers may be responsible for accidents. Negligent driving comes in many forms, but many accidents result from distracted driving and speeding. A truck driver could also be held liable if they violated one of the state or federal trucking regulations they must follow, such as how many hours they are permitted to drive within a specified amount of time. In many cases, the trucker will not be the only party that should be sued.
Suing the Trucking Company After an Accident
Trucking companies should not be left out of a truck accident lawsuit. Even if the trucking company did nothing to directly contribute to the accident, it may still bear legal responsibility for the accident and your damages.
Vicarious Liability
Often, a trucking company can be held liable for an accident caused by one of its drivers’ negligence. Under the legal theory of “vicarious liability,” an employer can be held liable for injuries caused by negligent acts done by one of its employees while performing their normal job duties. For instance, if a trucker speeds while transporting cargo and causes an accident, both the driver and the employer could likely be held liable.
Truckers as Independent Contractors vs. Employees
If a truck driver is considered an independent contractor, the trucking company may not be vicariously liable. In most cases, independent truck drivers are not considered traditional employees since the trucking company does not exercise direct control over them. A common example is Amazon delivery truck drivers, who typically do not work for Amazon itself but for a local delivery company.
Direct Liability
Trucking companies can also be responsible for their own negligence. Trucking companies must properly train drivers and conduct background checks to ensure dangerous drivers are not put behind the wheel. Trucking companies, like drivers, must also follow all state and federal trucking regulations. Trucking companies must conduct routine vehicle inspections and perform regular maintenance. They must also ensure truckers comply with the regulations and do not drive too many hours.
Other Parties That May Be Liable for a Truck Accident
Truck drivers and their employers are often responsible for accidents, but they might not be the only ones. Various other parties may be implicated, depending on the circumstances.
Negligent Manufacturers of Truck Parts
Given how much technology most commercial trucks have today, accidents can occur when a part malfunctions or is poorly designed. If a defective truck system, like the steering or the brakes, contributes to a truck accident, the designer or manufacturer of the part could be held liable.
A Driver Other Than the Truck Driver
In other situations, another driver might have done the negligent act that caused your truck accident. For instance, if another car cuts a truck off, the truck driver might hit you while attempting to avoid an accident with the first driver. In many cases, however, both drivers contribute in some way to causing the accident. In the previous example, both drivers would be liable if the truck driver was speeding when they were cut off.
Cargo Loaders
In rare situations, the party responsible for loading a truck’s cargo could also be responsible for your injuries. Cargo must be loaded in direct contact with other cargo and secured so it does not shift during transport. If improperly loaded cargo contributed to causing your accident, our truck accident attorneys can investigate your claim to determine the parties that should be sued.
Can You Sue for a Truck Accident if You Are Partially Responsible?
In Maryland, a personal injury plaintiff generally cannot recover damages if they somehow contributed to the accident and their injuries. According to Maryland’s pure contributory negligence rule, if a plaintiff is determined to have negligently contributed to the accident, even slightly, they may be barred from recovering any damages. This is a very harsh rule, and we may need strong evidence indicating that the defendant is 100% responsible for the truck accident.
Truck Accidents and the “Last Clear Shot” Doctrine
If the defendant accuses you of being contributorily negligent, we may be able to save your claim under the “last clear chance” doctrine. Essentially, if the defendant had the last clear chance to avoid the crash but failed, you may continue to sue them for damages.
For example, if you were speeding when the truck crash occurred, the defendant may argue that your high rate of speed contributed to the accident, and you should be barred from recovering damages under the pure contributory negligence law. However, if we can prove that the truck driver had the last opportunity to avoid the collision, you may still sue them.
A last clear shot may be the final opportunity to avoid the crash in the last moment before it occurred. What this means for the driver depends on how the accident occurred and each person’s role in it.
Damages From Waldorf, MD Truck Accident Lawsuit
Damages are awarded for different reasons in truck accident lawsuits. Damages are generally broken into three categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages have a monetary value that you can prove with bills, receipts, or other tangible records. Hospital bills, physical therapy costs, and property damage can all be included in economic damage calculations. Additionally, if you missed time at work or can no longer work because of your injuries, you could be compensated for that.
Non-Economic Damages
Non-economic damages are less specific than economic damages. Examples of non-economic damages from a truck accident lawsuit include damages for mental anguish, pain and suffering, and lost enjoyment of life.
It is difficult to directly prove how much an injury hurts or how much being unable to do a recreational activity is worth in dollars. For that reason, you and our lawyers will need to argue for an amount of non-economic damages. There are several ways to calculate non-economic damages, but a common approach is to take economic damages and multiply them by a certain amount.
Punitive Damages
Punitive damages are a special kind of damages that courts rarely award. While most damages in truck accident lawsuits are based on the needs of the plaintiff, punitive damages are designed to punish defendants. They aim to reprimand particularly bad actors and discourage similar behavior in the future.
What if You Continue to Incur Damages After Your Truck Accident Case is Over?
Damages do not end once the accident is over and you file your case. Many plaintiffs continue to incur new damages as their case progresses and even after their lawsuit is over. We can claim future damages that you might not have incurred yet but likely will when we file your lawsuit.
Many truck accident victims claim future medical costs. When injuries are severe, as they often are in truck accident cases, victims may require long-term care and ongoing treatments. We can speak with your doctors to determine what your future medical needs look like and what they will likely cost.
We should also account for future lost income. Once your case is complete, you might still be unable to return to work. As such, we can calculate how much income you are likely going to continue losing as time goes on based on your income from before the accident and expected recovery rate.
What Evidence Do You Need to Sue for a Truck Accident?
We must have evidence to support your claims, but evidence can be difficult to obtain in many cases. Below are common examples of evidence in truck accident cases.
Accident Scene Photos
Photos of the accident scene can be crucial to a truck accident lawsuit. People often take photos after vehicle accidents to send to insurance companies, and truck accidents are no different. If you are able, and if it is safe to do so, exit your car and take as many photos of the accident as possible.
Video Footage
Videos of the accident may be some of the strongest evidence we can obtain. Homes or businesses near the crash site might have private security cameras that recorded the accident. Other drivers might have had dashcams in their vehicles that recorded the crash. The truck itself may also be equipped with cameras. If videos of the crash exist, we must act fast to obtain them before they are deleted.
Witness Testimony
Witnesses play a major role in many accident lawsuits. Truck accidents are usually big collisions that affect multiple drivers and may be witnessed by many more. It is possible that there are multiple witnesses who can provide eyewitness testimony that supports your claims.
It is a good idea to exchange names and contact details with other people involved in the accident. You never know who could make a good witness when you need them.
Medical Records
Your injuries may be quite severe after a truck accident. In some cases, injuries are so severe or complex that we cannot adequately explain their magnitude to the jury without your medical records and a doctor. We can request copies of your medical records right away, and we should have a doctor review them and explain them on the witness stand.
Statute of Limitations to File a Truck Accident Lawsuit in Waldorf, MD
If you have been injured in a truck accident, you will want to know how long you have to file a lawsuit in Waldorf. Maryland’s statute of limitations, codified in Md. Code, Cts. & Jud. Proc. Art., § 5-101, provides three years from the date of the accident for a truck accident victim to file their lawsuit.
This is less time than it seems. Truck accident cases are challenging and often require more investigation than routine car accident cases. Our truck accident lawyers can help you gather evidence and file your lawsuit before the deadline.
What if Multiple Injured Victims Sue for the Same Truck Accident?
You are probably not the only victim of the truck accident. Other victims might be preparing their own lawsuits against the same truck driver and trucking company as you. While your case will likely remain separate from the others, certain hearings may be held together in the interest of court efficiency.
In addition, we may be able to strengthen your case by coordinating with other plaintiffs. We can share evidence and legal resources between multiple plaintiffs, thereby giving all victims a better chance of recovering fair compensation.
Our Waldorf, MD Truck Accident Lawyers Can Help
For a free, private case evaluation from our truck accident attorneys, call Rice Law at (410) 694-7291.