Countless commercial semitrucks, 18-wheelers, and other big-rig vehicles travel through the United States every day. People rely on these vehicles to get packages and various other things where they need to be on time. Unfortunately, commercial trucks do get into accidents from time to time, and those accidents can be devastating. Since commercial trucks are so large, they can cause a lot of damage and leave victims seriously injured. Many victims of commercial truck accidents are left upset, frustrated, and unsure of what to do.
The first thing you need to do after a commercial truck accident in Maryland is to ensure that you are safe and get any medical attention you need. After that, you need to assess your options, which include filing a lawsuit to get compensation from the parties that wronged you.
For a totally free, no-obligation analysis of your situation, call (410) 694-7291 and talk to the Maryland truck accident attorneys from Rice Law.
What Should I Do Right After a Commercial Truck Accident in Maryland?
Some people may think that they do not have to take any action when truck accidents happen until they talk to our Baltimore truck accident attorneys. While it is not catastrophic to any potential lawsuit if you do nothing after an accident, there are certain steps you can take that can be very beneficial to your case.
Get Emergency Medical Attention
Even before thinking about a lawsuit, the most crucial thing you can do after a commercial truck accident is to make sure that you get the medical attention you need. If your injuries are serious enough that you need immediate medical evacuation, then there is nothing else you need to worry about, as that is what is going to happen.
However, for other, less serious injuries, be sure to let first responders examine you and follow their instructions. While getting medical attention after a truck accident may just seem like good advice, it is also important for the success of your case. If you fail to let yourself be treated, the other side may try to use that against you to hurt your case.
Additionally, even if you think you were not hurt in the accident, it is a good idea to seek follow-up medical care after the fact. Some injuries, like whiplash, may take time for symptoms to manifest, so they may not be obvious right after the accident.
Get Information
If you get cleared by medical professionals and can stay at the scene of the accident, then your next task is to get as many details as possible right after the truck accident. This includes any videos or photos you can take of the vehicles involved, pictures of the truck accident and anywhere near it, and any statements you can get from eyewitnesses. Be sure to get the license plate, name, and insurance information of anyone in the truck accident. All of this information can help our lawyers build a stronger case for you.
Call Our Lawyers
You should also contact legal counsel shortly after your accident because you have a limited time to file a lawsuit. There is a law in every state called the statute of limitations that sets a time limit for filing a lawsuit. In Maryland, the statute of limitations for virtually all personal injury lawsuits is three years under Md. Code, Cts. & Jud. Proc. Art., § 5-101. After that time, you will not be able to have a case heard by the court, and you will not be able to recover any damages.
While three years can appear to be a long time, in reality, a good chunk of that time after a commercial truck accident is going to be spent dealing with recovery and life in general. The time is shorter than you think. Accordingly, it is important to talk to an attorney right away.
How to Handle Insurance Claims After a Commercial Truck Accident
Insurance is a normal part of the legal process after a truck accident. While drivers may consider handling claims on their own, a lawyer can help you navigate the complex insurance process with greater ease.
The Trucker’s Insurance
The truck driver should have their own auto insurance. As a professional driver, they likely have insurance that covers greater damages than standard auto insurance. Even so, your injuries may be severe, and your damages could exceed the trucker’s policy limits.
The Truck Company’s Insurance
If the truck driver caused the accident by doing something negligent while performing their normal job duties, their employer may be on the hook for your damages, too. We may be able to file a claim with the trucking company’s insurance, which may be even greater than the trucker’s.
Including trucking companies in cases like this is usually a good idea, as they tend to have greater financial resources to cover damages.
Your Insurance
If all else fails, you may file first-party claims with your own insurance coverage. For example, if the trucker is completely uninsured, which is illegal, you may file a claim with your uninsured motorist coverage. Other first-party policies, such as MedPay, can help cover medical bills after an accident.
If your own insurance compensates you, we may still pursue a lawsuit against the trucker and their employer. However, compensation may need to be repaid to your insurance when the case is over.
Who to Sue in a Commercial Truck Accident Lawsuit
It is almost always advisable to file a lawsuit against multiple parties in a commercial truck accident. This is because a truck driver’s employer is responsible for their employee’s actions, so you should, at a minimum, sue both the driver and their employer. If you are going to include other parties, you need to prove that they helped cause your injury. You can only recover damages from parties that actually caused your injuries, so you need to be careful about including parties that may be considered frivolous.
Suing Commercial Drivers
You should virtually always sue the driver of the commercial truck involved in your accident. After all, they were behind the wheel of the vehicle when it hit you. Commercial drivers can be negligent by speeding, running red lights, and doing other things that would constitute negligence for any driver.
Commercial drivers also have some extra responsibilities. For example, truckers may be on the road for only a certain number of hours before needing to take a break. It can be considered negligent if they remain on the road beyond the point of fatigue.
Suing Their Employers
In addition to the driver, you should sue their employer. As previously stated, employers are responsible for their employees’ actions so long as those actions are related to their jobs. Moreover, employers are likely in a far better position to financially compensate you than their drivers.
FAQs About Commercial Truck Accident Cases in Maryland
What Should I Do Immediately After a Commercial Truck Accident?
Immediately after an accident, you should move to a safe location and call for help. If you have a phone, call 911 and get an ambulance and the police dispatched to your location. If you are too badly injured to call, someone else should do it while you stay put and wait for help.
Who Can I Sue for Damages from a Commercial Truck Accident?
You may sue the trucker who caused the accident, their employer, other drivers who may have contributed to the crash, and certain third parties, under certain circumstances. Truckers are almost always named in lawsuits, and their employers may also be named if the trucker caused the accident while in the normal course of their job duties.
What Evidence Do I Need for a Lawsuit for a Commercial Truck Accident?
We need to present evidence to prove your claims by a preponderance of the evidence. This means that we must prove it is more likely than not that the defendant is liable for the accident. Evidence may include photos, videos, witnesses, trucking company logs and records, and your testimony, among others.
How Much Time Do I Have to Prepare a Commercial Truck Accident Lawsuit?
In Maryland, the statute of limitations for personal injury claims for things like truck accidents is only 3 years. This limitation period begins on the date of the accident, so it is crucial to act quickly and consult a lawyer as soon as possible.
Can I File an Insurance Claim After an Accident with a Commercial Truck in Maryland?
Yes. Auto insurance may cover your truck accident, and an attorney can help you file a claim with the trucker’s liability coverage. We may also file claims with the trucking company’s insurance, and your lawyer can help you coordinate benefits.
Are My Damages Worth a Lot of Money in a Commercial Truck Accident Case?
Possibly. Truck accidents are often quite serious, and victims often have severe injuries and extensive property damage. As a result, damages in cases like this tend to be high, and compensation may be substantial.
Talk with Our Maryland Truck Accident Lawyers Today
For a free case review, call Rice Law at (410) 694-7291 to have a free chat with our Ellicott City, MD truck accident attorneys.