If you or a loved one has been injured in a trucking accident in Maryland, you need an experienced and aggressive attorney on your side. The attorneys at our firm have a proven track record of success in obtaining substantial compensation for victims of trucking accidents. We have the knowledge and experience to handle all aspects of your case, from investigation to trial.
Trucking accidents are often catastrophic, resulting in serious injuries or even death. The trucking industry is heavily regulated, and there are often multiple parties involved in a trucking accident, including the driver, the trucking company, and the manufacturer of the truck or trailer. Our attorneys will thoroughly investigate your accident to determine who is liable and will fight to hold them accountable for their negligence.
We understand that after a trucking accident, you and your family are facing a difficult time. You may be dealing with medical bills, lost wages, and pain and suffering. Our attorneys will work tirelessly to get you the compensation you deserve so that you can focus on your recovery. We offer a free consultation to discuss your case. Contact us today to learn more about how we can help you.
Importance of Legal Counsel After a Maryland Trucking Accident
In the aftermath of a Maryland trucking accident, seeking legal counsel is crucial for several reasons. First and foremost, an experienced attorney can provide you with invaluable guidance and support throughout the legal process. They can help you understand your rights, navigate the complexities of the legal system, and maximize your chances of obtaining a fair settlement or verdict.
1. Establishing Liability and Fault
Determining liability and fault after a trucking accident can be a complex task. Trucking companies often have large legal teams that will work to minimize their liability and shift the blame to other parties. An attorney can investigate the accident, analyze police reports, gather evidence, and consult with experts to establish a strong case proving the negligence of the trucking company or other responsible parties.
There are various factors that can contribute to trucking accidents, including:
| Negligence by the Truck Driver |
|---|
| Speeding, reckless driving, driver fatigue, use of drugs or alcohol |
| Mechanical Failures |
| Defective brakes, tire blowouts, engine malfunctions |
| Improper Loading or Securing of Cargo |
| Overloaded trailers, unsecured cargo that falls off or shifts |
2. Preserving Evidence and Records
Evidence is critical to supporting your claim and obtaining a favorable outcome. An attorney can help secure and preserve this evidence, including:
- Police reports
- Medical records
- Witness statements
- Truck driver logbooks
- Vehicle maintenance records
3. Negotiating with Insurance Companies
Insurance companies are often reluctant to pay out on trucking accident claims. An attorney can represent you in negotiations with insurance companies, ensuring that your rights are protected and that you receive a fair settlement.
4. Protecting Your Rights
After a trucking accident, it is important to protect your legal rights. This includes knowing your statute of limitations for filing a claim and understanding your options for seeking compensation.
5. Recovering Damages
Trucking accidents can result in significant damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death
An attorney can help you quantify your damages and pursue compensation for all of your losses.
6. Holding Trucking Companies Accountable
Trucking accidents are often preventable. By holding trucking companies accountable for their negligence, you can help prevent future accidents and save lives.
Understanding Your Rights as a Victim of a Maryland Trucking Accident
1. Understanding the Legal Landscape
Maryland law governs the legal rights and obligations of individuals involved in trucking accidents. These accidents often have unique legal complexities due to the involvement of commercial vehicles and their associated regulations. Understanding your rights as a victim is crucial in navigating the legal process and seeking fair compensation.
2. Assessing Liability and Gathering Evidence
Determining liability in Maryland trucking accidents can be challenging due to various factors, including driver negligence, equipment malfunctions, and road conditions. It’s essential to gather evidence to support your claim, such as:
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Police reports: Provide an official record of the accident.
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Medical records: Document injuries and treatment costs.
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Witness statements: Corroborate your account of the accident.
*
Trucking company records: May reveal driver logs, vehicle maintenance records, and GPS data.
*
Photographs and videos: Capture the accident scene and injuries.
In complex cases, consulting with an attorney experienced in Maryland trucking law can assist you in gathering essential evidence and building a strong legal case.
3. Filing an Insurance Claim
After a Maryland trucking accident, you should promptly file a claim with the insurance companies involved. Your attorney can help you navigate the claims process and negotiate a fair settlement.
4. Legal Representation: When to Consider an Attorney
While some minor trucking accidents may be handled without legal counsel, it’s advisable to consider an attorney if:
*
Serious injuries or fatalities: Complex cases require specialized legal knowledge.
*
Insurance disputes: The insurance company denies or delays your claim.
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Liability is contested: Determining fault can be difficult in trucking accident cases.
*
Additional damages: You have suffered significant property damage, lost income, or emotional distress.
5. Recovery of Damages
In Maryland trucking accidents, victims may seek compensation for various damages, including:
| Damages | Description |
|---|---|
| Medical expenses | Costs of medical treatment, medications, and rehabilitation |
| Lost income | Compensation for wages lost due to injuries |
| Pain and suffering | Physical, emotional, and mental anguish caused by the accident |
| Property damage | Reimbursement for vehicle repairs or replacement |
| Punitive damages | Additional damages awarded to punish the responsible party for gross negligence or intentional misconduct (rarely awarded) |
6. Seeking Justice and Accountability
By pursuing legal action, Maryland trucking accident victims can not only seek compensation for their losses but also hold negligent parties accountable for their actions. This helps ensure safety on our roads and prevents future accidents.
| Type of Injury | Description | Severity |
|---|---|---|
| Traumatic Brain Injury (TBI) | Injury to the brain caused by a sudden impact or acceleration-deceleration forces. | Mild to severe |
| Spinal Cord Injury (SCI) | Damage to the spinal cord, causing paralysis or other neurological impairments. | Permanent |
| Broken Bones | Fractures or breaks in bones, ranging from minor to severe. | Mild to severe |
| Internal Injuries | Damage to internal organs, such as the liver, spleen, or kidneys. | Severe to life-threatening |
| Lacerations and Cuts | Open wounds caused by impact or debris. | Mild to severe |
Maryland trucking accidents can result in a wide range of injuries, from minor cuts and bruises to catastrophic injuries that can permanently alter a victim’s life. The severity of the injuries sustained in a trucking accident depends on several factors, including:
The Speed and Size of the Vehicles Involved
Trucks are much larger and heavier than passenger vehicles, so they can cause far more damage in a collision. The higher the speed of the truck, the greater the force of impact and the more severe the injuries are likely to be.
The Point of Impact
The point of impact can also affect the severity of the injuries sustained. A side-impact collision is more likely to cause serious injuries than a rear-end collision, as the side of a vehicle offers less protection than the front or back.
The Type of Cargo Being Transported
The type of cargo being transported by the truck can also play a role in the severity of the injuries sustained. For example, a truck carrying hazardous materials is more likely to cause serious injuries in the event of an accident than a truck carrying non-hazardous materials.
The Use of Seatbelts
Seatbelts are one of the most effective ways to prevent injuries in a trucking accident. However, many truck drivers do not wear seatbelts, which can significantly increase their risk of sustaining serious injuries in a crash.
### Common Injuries Sustained in Maryland Trucking Accidents
The following are some of the most common injuries sustained in Maryland trucking accidents:
Traumatic Brain Injuries (TBIs)
TBIs are injuries to the brain caused by a sudden impact or acceleration-deceleration forces. TBIs can range in severity from mild concussions to severe brain damage that can result in permanent disability or death.
Spinal Cord Injuries (SCIs)
SCIs are injuries to the spinal cord, which is the main communication pathway between the brain and the body. SCIs can cause paralysis or other neurological impairments, depending on the severity of the injury.
Broken Bones
Broken bones are fractures or breaks in one or more bones. Broken bones can range from minor, such as a broken finger, to severe, such as a broken pelvis.
Internal Injuries
Internal injuries are damage to internal organs, such as the liver, spleen, or kidneys. Internal injuries can be life-threatening if not treated promptly.
Lacerations and Cuts
Lacerations and cuts are open wounds caused by impact or debris. Lacerations and cuts can range from minor, such as a paper cut, to severe, such as a deep cut that requires stitches or surgery.
If you have been injured in a Maryland trucking accident, it is important to seek medical attention as soon as possible. Medical treatment can help to prevent further injuries and ensure that you receive the best possible care for your injuries.
The Role of Negligence in Maryland Trucking Accidents
Negligence is a legal concept that refers to the failure to take reasonable care to prevent harm to others. In the context of trucking accidents, negligence can be a key factor in determining liability. To establish negligence, the following elements must be proven:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty of care.
- The breach of duty was the proximate cause of the plaintiff’s injuries.
- The plaintiff suffered damages as a result of the injuries.
Duty of Care
All drivers, including truck drivers, owe a duty of care to other road users. This duty requires drivers to operate their vehicles in a safe and reasonable manner. Truck drivers have a particularly high duty of care due to the size and weight of their vehicles.
Breach of Duty
A breach of duty occurs when a driver fails to meet the required standard of care. Common examples of breaches of duty in trucking accidents include:
- Speeding
- Distracted driving
- Drunk or impaired driving
- Fatigued driving
- Improperly maintained vehicles
Proximate Cause
Proximate cause refers to the causal connection between the defendant’s breach of duty and the plaintiff’s injuries. The plaintiff must prove that the defendant’s negligence was the direct and foreseeable cause of the accident.
Damages
Damages are the financial compensation that the plaintiff is entitled to for the injuries they have suffered as a result of the accident. Damages can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Defenses to Negligence
In some cases, the defendant may raise defenses to negligence. Common defenses include:
- Contributory negligence: The plaintiff was also negligent and contributed to the accident.
- Assumption of the risk: The plaintiff knew about the risk of the accident and voluntarily assumed it.
- Sudden emergency: The defendant was faced with a sudden emergency that made it impossible to avoid the accident.
Comparative Negligence
In Maryland, the doctrine of comparative negligence applies to trucking accidents. This means that the plaintiff’s damages can be reduced in proportion to their own negligence. For example, if the plaintiff is found to be 20% negligent, their damages will be reduced by 20%.
Evidence of Negligence
Evidence of negligence in trucking accidents can include:
- Police reports
- Witness statements
- Truck driver logs
- Vehicle maintenance records
- Photographs of the accident scene
| Type of Evidence | Description |
|---|---|
| Police reports | Contain information about the accident, including the names of the drivers involved, the location of the accident, and the weather conditions. |
| Witness statements | Provide firsthand accounts of the accident from people who saw it occur. |
| Truck driver logs | Record the driver’s hours of service, which can be used to determine if they were fatigued at the time of the accident. |
| Vehicle maintenance records | Show the condition of the truck prior to the accident, which can help determine if it was properly maintained. |
| Photographs of the accident scene | Provide a visual representation of the accident, which can help to reconstruct what happened. |
The Benefits of Hiring an Experienced Maryland Trucking Accident Attorney
Hiring an experienced Maryland trucking accident attorney can provide numerous benefits to victims who have suffered injuries or damages in a collision involving a commercial truck. Here are seven key reasons why it is essential to secure legal representation in these complex cases:
1. Protect Your Legal Rights
After a trucking accident, it is crucial to protect your legal rights. An attorney can ensure that your rights are upheld and that you receive the compensation you are entitled to.
2. Investigate the Accident
Trucking accidents often involve complex factors, including driver fatigue, mechanical failures, and violations of safety regulations. An attorney has the resources and expertise to thoroughly investigate the accident and determine the responsible parties.
3. Negotiate with Insurance Companies
Insurance companies representing trucking companies are profit-driven and may attempt to minimize your claim. An attorney knows how to navigate insurance negotiations and advocate for your best interests.
4. Prepare a Strong Case
Building a strong case for compensation requires gathering evidence, analyzing medical records, and establishing liability. An attorney will prepare a comprehensive case that maximizes your chances of success.
5. Represent You in Court
If a settlement cannot be reached, you may need to pursue your case in court. An attorney will represent you vigorously and present a persuasive argument to the jury.
6. Handle Complex Laws and Regulations
Trucking accidents are governed by multiple federal and state laws and regulations. An attorney understands these intricacies and will ensure that your case complies with all legal requirements.
7. Expert Witnesses and Investigation
Experienced attorneys have access to a network of experts, such as accident reconstructionists and medical professionals, who can provide valuable testimony and support your case.
8. Financial Advantage
Contingency-fee arrangements allow you to hire an attorney without any upfront costs. Attorneys only collect fees if they successfully secure compensation for you.
9. Peace of Mind
Hiring an attorney allows you to focus on your recovery and well-being while your case is being handled by a professional.
10. Justice and Accountability
Trucking accident attorneys not only seek compensation for their clients but also work to hold negligent parties accountable for their actions, promoting safer roads for everyone.
The Importance of Preserving Evidence After a Maryland Trucking Accident
Photograph the Scene
Take as many photos as possible of the accident scene. This includes the vehicles involved, the damage, and the surrounding area. If there are any witnesses, get their contact information.
Get a Copy of the Police Report
The police report will contain important information about the accident, such as the names of the drivers, the time and location of the accident, and any citations that were issued.
Obtain Medical Records
Your medical records will document your injuries and the treatment you received. This information will be essential in proving your damages in a personal injury claim.
Keep a Journal
Keep a daily journal of your symptoms, pain levels, and any other relevant information. This will help you remember the details of your accident and injuries.
Document Your Expenses
Keep track of all of your expenses related to the accident, such as medical bills, lost wages, and property damage. This information will be helpful in calculating your damages.
Contact an Attorney
An experienced Maryland trucking accident attorney can help you preserve evidence, file a claim, and negotiate a settlement.
Don’t Talk to the Insurance Company
The insurance company may try to contact you and offer you a settlement. However, it is best to speak to an attorney before speaking to the insurance company.
Preserve Evidence of Negligence
In addition to preserving the physical evidence of the accident, it is also important to preserve any evidence of negligence by the trucking company. This could include:
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Company maintenance records
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Driver logs
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Company policies and procedures
How to Store and Document Evidence
Once you have gathered evidence, it is important to store it in a safe place and keep it organized. This could include:
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Keeping physical evidence such as photos in a secure location
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Storing electronic evidence such as text messages in a secure file
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Creating a spreadsheet to track witness contact information
| Type of Evidence | How to Store | How to Document | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Physical evidence | Secure location | Inventory list | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Electronic evidence | Encrypted file | Secure cloud storage | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Witness contact information | Spreadsheet | Contact log |
| Compensation | Description |
|---|---|
| Medical expenses | Compensation for the cost of medical treatment, including hospital stays, doctor’s visits, and medication. |
| Lost wages | Compensation for the wages you have lost as a result of your injuries. |
| Pain and suffering | Compensation for the physical and emotional pain and suffering you have experienced as a result of your injuries. |
| Emotional distress | Compensation for the emotional distress you have experienced as a result of your injuries, such as anxiety, depression, and PTSD. |
| Loss of enjoyment of life | Compensation for the loss of enjoyment of life you have experienced as a result of your injuries. |
| Punitive damages | Compensation that is awarded to punish the trucking company for its negligence or recklessness. |
The Impact of Maryland Trucking Accident Laws on Your Case
1. Negligence in Maryland Trucking Accidents
Maryland follows a modified comparative negligence rule, meaning that you can still recover damages even if you were partially at fault for the accident. However, your damages will be reduced by the percentage of fault attributed to you.
2. Maryland’s Statute of Limitations for Trucking Accidents
The statute of limitations for filing a trucking accident lawsuit in Maryland is three years from the date of the accident.
3. Damages Available in Maryland Trucking Accidents
In Maryland, you can recover damages for both economic and non-economic losses, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
4. Insurance Requirements for Maryland Truckers
All truck drivers in Maryland must carry insurance policies with the following minimum limits:
| Type of Insurance | Minimum Limit |
|---|---|
| Liability insurance | $500,000 |
| Cargo insurance | $100,000 |
5. Common Causes of Maryland Trucking Accidents
Some common causes of trucking accidents in Maryland include:
- Driver fatigue
- Distracted driving
- Impaired driving
- Speeding
- Overloaded trucks
6. Maryland Trucking Accident Attorneys
If you have been injured in a trucking accident in Maryland, it is important to contact an experienced trucking accident attorney. An attorney can help you investigate the accident, file a claim, and negotiate a settlement or represent you in court.
7. The Importance of Hiring an Attorney
Hiring an attorney can make a significant difference in the outcome of your case. An attorney can:
- Help you investigate the accident and gather evidence
- File a claim or lawsuit on your behalf
- Negotiate a settlement with the insurance company
- Represent you in court if necessary
8. Comparative Negligence in Maryland Trucking Accidents
As mentioned above, Maryland follows a modified comparative negligence rule. This means that your damages will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.
9. Filing a Trucking Accident Lawsuit in Maryland
If you are unable to reach a settlement with the insurance company, you may need to file a lawsuit. The lawsuit should be filed in the circuit court for the county where the accident occurred.
10. The Trucking Accident Process
The trucking accident process can be complex. Here is a general overview of what you can expect:
- Investigation: After the accident, the police will investigate and prepare a report. You should also gather evidence such as witness statements and photographs.
- Filing a claim: You will need to file a claim with the insurance company for the at-fault driver. The insurance company will then investigate the claim and make a decision on whether to pay benefits.
- Negotiation: If the insurance company denies your claim or offers an unsatisfactory settlement, you may need to negotiate with them. An attorney can help you with this process.
- Lawsuit: If you are unable to reach a settlement, you may need to file a lawsuit. The lawsuit will be filed in the circuit court for the county where the accident occurred.
- Trial: If the case goes to trial, a jury will hear the evidence and decide who is at fault for the accident. If you are found to be not at fault or only partially at fault, you may be awarded damages.
The Importance of Hiring a Maryland Trucking Accident Attorney Who Understands the Industry
If you’ve been involved in a trucking accident in Maryland, it’s critical to hire an attorney who understands the industry’s complexities and can fight for your rights. Here are some reasons why:
Industry Expertise and Knowledge
Trucking accidents involve unique legal issues and regulations that can impact your case. An attorney who specializes in trucking law will have the necessary knowledge and experience to navigate these complexities effectively.
Understanding Insurance Coverage
Trucking companies often have multiple insurance policies, including primary and excess coverage. An experienced attorney can determine the applicable coverage and maximize your compensation.
Federal Regulations and Compliance
Trucking accidents are governed by a complex web of federal regulations, including hours-of-service rules, equipment maintenance standards, and driver qualifications. An attorney familiar with these regulations can identify violations that contributed to the accident.
Complex Accident Investigation
Trucking accidents often involve multiple vehicles and witnesses. An attorney with the resources and experience to conduct a thorough investigation can gather evidence, identify key witnesses, and build a strong case.
Dealing with Trucking Companies
Trucking companies are often large corporations with vast resources and skilled attorneys. An experienced trucking accident attorney can level the playing field and protect your interests.
15. Specialized Knowledge of Maryland Trucking Laws
Maryland has specific laws governing trucking accidents, including the Maryland Commercial Truck Safety Act and the Maryland Motor Vehicle Administration’s (MVA) regulations. An attorney knowledgeable about these laws will be well-equipped to handle your case.
| Maryland Trucking Laws | Synopsis |
|---|---|
| Maryland Commercial Truck Safety Act | Imposes safety regulations on commercial trucks, including equipment inspections, weight limits, and driver qualifications. |
| Maryland Motor Vehicle Administration (MVA) Regulations | Establishes standards for commercial truck registration, inspections, and licensing. |
Hiring a Maryland trucking accident attorney with specialized knowledge of these laws ensures that your case is handled in accordance with the applicable regulations and that your rights are protected.
The Importance of Investigating the Cause of Your Maryland Trucking Accident
Assessing Liability
One of the most critical aspects of investigating a trucking accident is determining the responsible party or parties. Maryland has a complex legal framework governing personal injury and wrongful death claims involving commercial trucks, so identifying the at-fault driver or company can be crucial for securing compensation for victims and their families.
Gathering Evidence
A thorough investigation must prioritize gathering evidence to support and document the accident cause. This may include obtaining the following:
- Police reports
- Witness statements
- Photographs
- Video footage
- Vehicle maintenance records
- Driver logs
- Employment records of the driver
- Qualifications and experience of the driver
Expert Analysis
In some cases, expert testimony may be necessary to analyze and interpret the evidence and provide insights into the accident’s cause. Experts may include accident reconstructionists, engineers, medical professionals, and transportation safety specialists who can offer invaluable technical knowledge and analysis.
Evaluating Contributing Factors
Accidents often result from a combination of human errors, vehicle malfunctions, and environmental conditions. In addition to identifying the direct cause, investigators should also consider potential contributing factors, such as:
- Driver fatigue
- Distracted driving
- Inadequate vehicle maintenance
- Poor road conditions
- Weather hazards
Determining Fault
After completing the investigation, attorneys can assess the evidence and determine which party or parties bear responsibility for the accident. Fault may be shared among multiple entities, including the driver, trucking company, manufacturer of the truck or components, or other negligent parties.
Preserving Evidence
Time is of the essence in preserving evidence after an accident. Attorneys can take steps to secure and protect vehicles, equipment, photographs, videos, and other materials that may be relevant to the case. This ensures that evidence is not tampered with or lost before it can be used in legal proceedings.
Laws and Regulations
Maryland laws and regulations governing trucking accidents are complex and evolving. Attorneys must stay abreast of the latest developments in this area to effectively represent clients and ensure they receive the compensation they deserve.
Insurance Coverage
Trucking companies may have multiple insurance policies that apply to personal injury and property damage claims. Investigators must thoroughly research the insurance coverage available to ensure that victims have access to the maximum amount of compensation.
Cost of Investigation
While the cost of investigating a trucking accident can be substantial, investing in a thorough investigation can significantly increase the likelihood of success in securing compensation for victims. Attorneys should discuss the potential costs and benefits with their clients before proceeding.
Patience and Persistence
Investigating a Maryland trucking accident requires patience and persistence. The process can be complex, time-consuming, and emotionally draining. Attorneys must approach the investigation with empathy and a commitment to representing their clients’ best interests throughout the process.
The Importance of Proving Fault in a Maryland Trucking Accident Case
Understanding how to prove fault in a Maryland trucking accident case is crucial for obtaining fair compensation and holding the responsible parties accountable. Here’s an in-depth look at the significance of establishing fault:
1. Determining Liability
Proving fault helps determine which parties are legally liable for the accident. This includes identifying the truck driver, trucking company, or other parties whose negligence or recklessness caused the crash.
2. Establishing Negligence
To prove negligence in a trucking accident case, you must demonstrate that the defendant:
* Owed you a duty of care (e.g., following traffic laws)
* Breached that duty by acting carelessly or recklessly
* The breach caused the accident
* You suffered damages as a result
3. Collecting Evidence
Gathering evidence is essential for proving fault. This may include:
* Police reports
* Witness statements
* Medical records
* Trucking company records
* Accident reconstruction reports
4. Proving Employer Liability
In cases involving commercial trucks, the trucking company may be held liable for the negligent actions of its employees, even if the driver was not directly owned by the company.
5. Contributory Negligence
Maryland recognizes contributory negligence, meaning that if the victim is found to be even partially at fault for the accident, their damages may be reduced.
6. Independent Contractors
Determining whether a truck driver is an employee or an independent contractor is crucial, as it affects the trucking company’s liability.
7. Expert Testimony
Accident reconstruction experts can be valuable in analyzing the cause of the accident and providing insights into the parties’ negligence.
8. Trucking Industry Regulations
Maryland has specific regulations governing the trucking industry, including rules on hours of service, vehicle maintenance, and driver qualifications. Violations of these regulations can be evidence of negligence.
9. Presumptions of Negligence
In certain circumstances, Maryland law creates presumptions of negligence, such as when a truck driver violates a traffic law.
10. Burden of Proof
The plaintiff (the party claiming damages) has the burden of proving fault by a preponderance of the evidence, meaning it is more likely true than not.
11. Defenses to Negligence
The defendant may raise defenses to negligence, such as:
* The plaintiff was contributorily negligent
* The accident was caused by unavoidable circumstances
* The plaintiff’s injuries are not as severe as claimed
12. Comparative Fault
Maryland allows for comparative fault, meaning that both parties can be found partially at fault for the accident.
13. Insurance Coverage
Proving fault is crucial for maximizing insurance coverage. Truck drivers and trucking companies often carry significant insurance policies, ensuring that victims can recover compensation for their losses.
14. Punitive Damages
In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
15. Statute of Limitations
Maryland has a statute of limitations for filing a trucking accident lawsuit, typically three years from the date of the accident.
16. Hiring an Attorney
An experienced Maryland trucking accident attorney can help you gather evidence, navigate the legal process, and maximize your compensation.
17. Compensation Available
Compensation in trucking accident cases can include:
* Medical expenses
* Lost wages
* Pain and suffering
* Emotional distress
* Property damage
* Loss of earning capacity
18. Wrongful Death Lawsuits
In cases involving fatal trucking accidents, wrongful death lawsuits can be filed by the surviving family members.
19. Admissibility of Evidence
The Maryland courts have specific rules governing the admissibility of evidence in trucking accident cases.
20. Deposition of Witnesses
Depositions are out-of-court statements given under oath, which can be used during trial to impeach witnesses or support your case.
21. Jury Trial
In some cases, trucking accident claims may go to a jury trial. The jury will decide on liability and the amount of damages to be awarded.
22. Understanding Insurance Policies
Maryland law requires trucking companies to carry minimum liability insurance, but it’s important to understand the limits and exclusions of the policy.
| Insurance Policy | Coverage |
|---|---|
| Primary Liability Insurance | Provides coverage up to a specified limit for damages caused by the truck driver. |
| Excess Liability Insurance | Provides additional coverage beyond the primary limit, typically purchased by the trucking company. |
| Cargo Insurance | Covers damages or loss of the cargo being transported by the truck. |
| Uninsured/Underinsured Motorist Coverage | Provides coverage if the at-fault driver is uninsured or underinsured. |
Insurance Policies Relevant to Maryland Trucking Accidents
When a trucking accident occurs in Maryland, multiple insurance policies may come into play, including:
- Commercial Auto Liability Insurance: Required for all commercial vehicles, this policy covers bodily injury and property damage caused by the truck driver’s negligence.
- Cargo Insurance: Covers the value of the goods being transported in case of damage or loss during the accident.
- Trucking Liability Umbrella Insurance: Provides additional liability coverage beyond the limits of the commercial auto policy.
- Employer’s Liability Insurance: Protects the trucking company from liability for injuries sustained by its employees.
Determining Liability and Coverage in Trucking Accidents
Liability in Maryland trucking accidents is determined based on negligence. The following parties may be held responsible:
- Truck Driver: If their negligent actions caused the accident.
- Trucking Company: If they failed to properly maintain the truck or hire a qualified driver.
- Cargo Owner: If the improper loading or securing of cargo contributed to the accident.
- Other Involved Parties: Such as vehicle manufacturers or maintenance companies.
Insurance Coverage Limits and Disputes
The amount of insurance coverage available for a trucking accident can vary widely depending on the policy limits and exclusions. If the total damages exceed the coverage limits, victims may need to consider pursuing additional sources of compensation.
Time Limits for Filing Insurance Claims
Maryland has strict time limits for filing insurance claims after a trucking accident:
- Insurance Claim: Must be filed within 3 years of the accident.
- Lawsuit: Must be filed within 3 years of the accident or within 1 year of discovering an unknown injury.
Role of an Attorney in Trucking Accident Cases
Due to the complexity of Maryland trucking accident cases, it is crucial to retain an experienced attorney who can:
- Investigate the accident and preserve evidence.
- Negotiate with insurance companies to maximize compensation.
- File and pursue legal claims.
- Represent victims in court proceedings.
Benefits of Hiring an Attorney
- Increased Settlement Offers: Attorneys are skilled in negotiating with insurance companies and securing fair compensation for victims.
- Protection of Rights: Attorneys ensure that victims’ legal rights are protected and that they receive the justice they deserve.
- Stress Reduction: Attorneys handle the legal complexities, allowing victims to focus on their recovery and well-being.
- Contingency Fee Arrangements: Many attorneys work on a contingency fee basis, meaning they only get paid if they recover compensation for the victim.
Maryland Trucking Accident Statistics
According to the Maryland Department of Transportation, there were 23 fatal trucking accidents in Maryland in 2021, resulting in 26 fatalities. The leading causes of these accidents included:
| Cause | Number of Accidents |
|---|---|
| Driver Error | 12 |
| Mechanical Failure | 4 |
| Roadway Conditions | 3 |
| Other Factors | 4 |
Preventive Measures for Maryland Trucking Accidents
To reduce the number of trucking accidents in Maryland, the following preventive measures should be implemented:
- Stricter Enforcement of Safety Regulations: Increased enforcement of truck driver regulations, such as hours-of-service limits and vehicle inspections.
- Improved Truck Design and Technology: Implementing advanced safety features on commercial trucks, such as lane departure warnings and automatic braking systems.
- Driver Education and Training: Providing comprehensive training programs for truck drivers to enhance their skills and knowledge of safe driving practices.
- Public Awareness Campaigns: Educating the public about the dangers of distracted driving and aggressive driving around commercial vehicles.
The Importance of Hiring an Attorney Who Can Negotiate a Fair Settlement
After a trucking accident, it’s crucial to obtain the services of an attorney who excels in negotiating favorable settlements for their clients. This is because insurance companies often employ aggressive tactics to minimize their liability and выплаты, leaving victims with inadequate compensation. A skilled attorney can protect your interests and ensure that you receive a fair settlement that covers your losses.
The Benefits of Hiring an Experienced Attorney
There are numerous benefits to hiring an experienced trucking accident attorney, including:
- Expertise in negotiating with insurance companies
- Thorough knowledge of trucking regulations
- Understanding of the complex legal process
- Ability to build a strong case and present compelling evidence
How to Find an Attorney Who Can Negotiate a Fair Settlement
When selecting an attorney, it’s important to consider their:
- Experience and track record of success
- Reputation and recommendations from previous clients
- Expertise in trucking accident law
- Availability and responsiveness
- Fees and payment options
The Negotiation Process
The negotiation process typically involves the following steps:
- Identifying and gathering evidence
- Submitting a demand letter to the insurance company
- Engaging in settlement negotiations
- Mediation or arbitration
- Trial (if necessary)
Factors that Affect the Settlement Amount
The amount of your settlement will depend on several factors, including:
- The severity of your injuries
- The amount of your medical expenses
- Your lost wages
- Your pain and suffering
- The liability of the trucking company
Common Mistakes to Avoid When Negotiating a Settlement
To ensure a fair settlement, avoid these common mistakes:
- Accepting the first offer from the insurance company
- Negotiating without an attorney
- Failing to gather supporting documentation
- Underestimating your damages
- Rushing into a settlement
Settling for a Fair Amount
A fair settlement should cover all of your losses, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Future expenses (e.g., ongoing medical care)
Don’t Settle for Less Than You Deserve
If the insurance company refuses to offer a fair settlement, don’t be afraid to take legal action. An experienced trucking accident attorney can help you pursue your case and obtain the compensation you deserve.
Tips for Negotiating a Fair Settlement
Follow these tips to increase your chances of negotiating a fair settlement:
- Gather as much evidence as possible
- Document your injuries and expenses
- Work with an experienced trucking accident attorney
- Be prepared to negotiate
- Don’t accept the first offer from the insurance company
Additional Resources
For more information on trucking accident settlements, visit the following resources:
| Damages | Amount |
|---|---|
| Medical expenses | $100,000 |
| Lost wages | $50,000 |
| Pain and suffering | $25,000 |
| Property damage | $10,000 |
| Future expenses | $25,000 |
| Total | $210,000 |
The Importance of Holding Trucking Companies Accountable for Their Actions
Introduction
Motor vehicle accidents, particularly those involving commercial trucks, can have devastating consequences. Trucking companies must be held accountable for their negligent actions or failures to ensure the safety of the public.
Causes of Trucking Accidents
Numerous factors contribute to trucking accidents, including:
- Driver fatigue: Extended hours of service or insufficient rest periods can impair drivers’ judgment and reaction time.
- Vehicle defects: Mechanical problems, such as faulty brakes or tires, can cause accidents.
- Improper loading or securing: Unbalanced or unsecured cargo can shift during transit, leading to rollovers or spills.
- Road conditions: Inclement weather, poor road design, or construction zones can pose hazards to trucks.
- Driver impairment: Alcohol, drugs, or distractions can compromise a driver’s abilities.
The Impact of Trucking Accidents
Trucking accidents can result in:
- Fatalities and serious injuries: Crashes involving trucks often lead to catastrophic injuries or death for drivers, passengers, and bystanders.
- Property damage: Trucks carry large loads that can damage vehicles, buildings, or infrastructure.
- Economic losses: Accidents can lead to business interruptions, medical expenses, and lost productivity.
The Role of Trucking Companies in Preventing Accidents
Trucking companies have a legal and ethical obligation to prioritize safety by implementing measures such as:
- Adhering to Federal Motor Carrier Safety Regulations: These regulations set standards for driver qualifications, hours of service, vehicle maintenance, and other safety practices.
- Providing comprehensive driver training: Drivers must be properly trained and certified to operate commercial vehicles safely.
- Maintaining vehicles in good repair: Trucks should be regularly inspected and serviced to prevent mechanical failures.
- Ensuring proper loading and securing: Cargo should be loaded and secured according to industry standards to prevent shifting during transit.
Holding Trucking Companies Accountable
When trucking companies fail to prioritize safety and negligence leads to accidents, they must be held responsible. Legal avenues for holding them accountable include:
- Civil law: Victims or their families can file lawsuits against trucking companies for damages, including medical expenses, lost wages, pain and suffering, and wrongful death.
- Criminal charges: In cases of reckless or intentional misconduct, trucking companies or drivers may face criminal charges.
- Regulatory enforcement: Government agencies, such as the Federal Motor Carrier Safety Administration (FMCSA), can enforce regulations and impose fines or penalties for violations.
Table: Damages Recoverable in a Trucking Accident Lawsuit
| Category | Damages |
|---|---|
| Medical expenses | Hospitalization, surgeries, rehabilitation |
| Lost wages | Past and future income losses |
| Pain and suffering | Physical and emotional distress |
| Wrongful death | Loss of support, companionship, and other benefits |
| Property damage | Vehicle damage, cargo damage, etc. |
The Benefits of Holding Trucking Companies Accountable
Holding trucking companies accountable serves several purposes:
- Justice for victims: Victims deserve compensation for the harm they have suffered.
- Deterrence: The threat of legal consequences can encourage trucking companies to prioritize safety.
- Improved safety: By holding companies accountable, the overall safety of the trucking industry can be improved.
- Protecting the public: Enforcing safety regulations and holding negligent companies accountable protects the public from preventable accidents.
Conclusion
Trucking companies have a critical responsibility to operate safely and adhere to industry standards. When negligence leads to accidents, they must be held accountable. By pursuing legal action or supporting regulatory enforcement, victims and their families can seek justice, deter unsafe practices, and improve safety on our roads.
Benefits of Hiring an Attorney for Complex Trucking Accident Cases
Expert Legal Representation
Trucking accident attorneys are well-versed in the intricate legal landscape surrounding such cases and can provide expert guidance throughout the legal process.
Comprehensive Investigation and Evidence Gathering
An attorney will thoroughly investigate the accident, gather evidence, and collaborate with experts to build a strong case on behalf of the victim or their family.
Protection of Your Rights
Trucking companies and their insurers often have aggressive defense strategies. An attorney will protect your rights and ensure your interests are prioritized.
Experience Handling Complex Cases
Attorneys who specialize in trucking accident cases have extensive experience handling challenging and highly technical matters, including those involving multiple parties and complex liability issues.
Understanding of Trucking Regulations
Truck drivers and trucking companies must comply with strict regulations. Attorneys who are knowledgeable about these regulations can ensure that all parties have met their legal obligations.
Negotiation and Settlement
An attorney will represent you in negotiations with insurance companies and other responsible parties to obtain fair compensation for your injuries and losses.
Trial Experience
If negotiations fail, an experienced attorney will not hesitate to take your case to trial to vigorously represent your interests.
Emotional Support
Trucking accident victims often experience trauma and emotional distress. An attorney can provide support and guidance throughout this difficult time.
Contingency Fee Structure
Many trucking accident attorneys offer their services on a contingency fee basis, meaning you only pay if they recover compensation for you.
Specific Benefits for Maryland Victims
In addition to the general benefits outlined above, hiring an attorney in Maryland offers the following advantages:
Knowledge of Local Court Systems
Maryland attorneys are well-acquainted with the local court systems and procedures, improving your chances of success.
Understanding of Maryland Trucking Laws
Maryland has specific laws and regulations governing trucking accidents, and attorneys who practice in the state are familiar with these legal complexities.
Access to Local Resources
Maryland attorneys can connect you with local experts, medical professionals, and other resources to support your case.
Representation in Wrongful Death Cases
If a trucking accident results in a wrongful death, a Maryland attorney can assist family members in seeking compensation and justice.
| Maryland-Specific Benefits | Value to Victims |
|---|---|
| Knowledge of Local Court Systems | Increased likelihood of success |
| Understanding of Maryland Trucking Laws | Stronger case foundation |
| Access to Local Resources | Comprehensive support |
| Representation in Wrongful Death Cases | Justice and closure for families |
The Importance of Filing a Lawsuit Within the Statute of Limitations
What is the Statute of Limitations?
Every state has a statute of limitations that sets a time limit for filing a personal injury lawsuit. In Maryland, the statute of limitations for trucking accidents is three years from the date of the accident. This means that if you wait longer than three years to file your lawsuit, you will lose your right to recover compensation for your injuries.
Why is it Important to File Within the Statute of Limitations?
There are several reasons why it is important to file your lawsuit within the statute of limitations:
- Preserving Your Rights: Filing a lawsuit within the statute of limitations preserves your right to recover compensation for your injuries. If you wait too long to file, you may lose your right to sue altogether.
- Preservation of Evidence: Over time, evidence can be lost or destroyed. Filing a lawsuit within the statute of limitations helps to preserve the evidence that you need to prove your case.
- Avoidance of Defenses: The defendant in your case may raise the statute of limitations as a defense if you fail to file your lawsuit within the time limit. This defense can prevent you from recovering any compensation for your injuries.
Exceptions to the Statute of Limitations
There are a few exceptions to the statute of limitations for trucking accidents in Maryland. These exceptions include:
- Tolling: The statute of limitations may be tolled, or paused, in certain circumstances. For example, if you are mentally incapacitated or under the age of 18, the statute of limitations may be tolled until you are able to file a lawsuit.
- Discovery Rule: The discovery rule states that the statute of limitations does not begin to run until you discover your injuries. This rule may apply if you were not aware of the extent of your injuries until after the statute of limitations expired.
- Fraudulent Concealment: If the defendant fraudulently concealed information about your injuries, the statute of limitations may be tolled until you discover the fraud.
How to File a Lawsuit Within the Statute of Limitations
If you have been injured in a trucking accident, it is important to speak to an attorney as soon as possible to discuss your legal options. An attorney can help you file a lawsuit within the statute of limitations and protect your rights.
Contact an Attorney Today
If you have been injured in a trucking accident, don’t wait to contact an attorney. The statute of limitations is a strict deadline, and if you miss it, you may lose your right to recover compensation for your injuries. Contact an attorney today to discuss your legal options and protect your rights.
Filing a Lawsuit After the Statute of Limitations Has Expired
In most cases, it is not possible to file a lawsuit after the statute of limitations has expired. However, there are a few exceptions to this rule. These exceptions include:
- Cases involving minors: In some states, the statute of limitations for minors is tolled until they reach the age of majority. This means that a minor may be able to file a lawsuit after the statute of limitations would have expired for an adult.
- Cases involving mental incapacity: The statute of limitations may be tolled for individuals who are mentally incapacitated. This means that an individual who is mentally incapacitated may be able to file a lawsuit after the statute of limitations would have expired for someone who is mentally competent.
- Cases involving fraudulent concealment: The statute of limitations may be tolled if the defendant fraudulently concealed information about the plaintiff’s injuries. This means that a plaintiff may be able to file a lawsuit after the statute of limitations would have expired if the defendant fraudulently concealed information.
If you believe that you may have an exception to the statute of limitations, it is important to speak to an attorney as soon as possible. An attorney can help you evaluate your case and determine if you are eligible to file a lawsuit after the statute of limitations has expired.
The Importance of Hiring an Attorney Who Can Help You Recover Compensation
If you’ve been injured in a trucking accident, it’s important to hire an attorney who can help you recover compensation for your injuries. Here are a few reasons why:
1. Trucking accidents are often complex.
Trucking accidents can be complex, involving multiple vehicles, insurance companies, and regulations. An attorney can help you navigate the legal process and protect your rights.
2. Trucking companies have a lot of resources.
Trucking companies often have a lot of resources at their disposal, which they can use to fight your claim. An attorney can level the playing field and help you get the compensation you deserve.
3. Trucking accident attorneys know the law.
Trucking accident attorneys are familiar with the laws that govern trucking accidents. They can use this knowledge to help you build a strong case and maximize your recovery.
4. Trucking accident attorneys can help you get the compensation you deserve.
If you’ve been injured in a trucking accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. An attorney can help you get the compensation you deserve.
In addition to the benefits listed above, hiring an attorney can also give you peace of mind. Knowing that you have an experienced professional on your side can help you focus on your recovery and getting back to your life.
39. What should you look for in a trucking accident attorney?
When hiring a trucking accident attorney, it’s important to look for someone who has experience handling these types of cases. You should also look for an attorney who is familiar with the laws that govern trucking accidents and who has a track record of success.
Here are a few other things to keep in mind when looking for a trucking accident attorney:
- Make sure the attorney is licensed to practice law in your state.
- Ask the attorney about their experience handling trucking accident cases.
- Ask the attorney about their fees.
- Get a written agreement from the attorney before hiring them.
By following these tips, you can find a trucking accident attorney who can help you get the compensation you deserve.
Frequently Asked Questions About Trucking Accident Attorneys
Q: How much does it cost to hire a trucking accident attorney?
A: The cost of hiring a trucking accident attorney varies depending on the attorney’s experience, the complexity of your case, and other factors. However, most attorneys offer free consultations, so you can get a better idea of the costs involved before you hire them.
Q: What is a contingency fee?
A: A contingency fee is a type of payment arrangement in which the attorney only gets paid if they win your case. This means that you don’t have to pay any upfront fees, and you only pay the attorney a percentage of your settlement or verdict if they are successful.
Q: How long will it take to resolve my case?
A: The length of time it takes to resolve a trucking accident case varies depending on the complexity of the case and the willingness of the parties to settle. However, most cases settle within a year or two.
Q: What are my chances of winning my case?
A: The chances of winning a trucking accident case depend on a number of factors, including the strength of your evidence, the skill of your attorney, and the willingness of the insurance company to settle. However, most trucking accident cases settle before going to trial.
| Question | Answer |
|---|---|
| How much does it cost to hire a trucking accident attorney? | The cost of hiring a trucking accident attorney varies depending on the attorney’s experience, the complexity of your case, and other factors. However, most attorneys offer free consultations, so you can get a better idea of the costs involved before you hire them. |
| What is a contingency fee? | A contingency fee is a type of payment arrangement in which the attorney only gets paid if they win your case. This means that you don’t have to pay any upfront fees, and you only pay the attorney a percentage of your settlement or verdict if they are successful. |
| How long will it take to resolve my case? | The length of time it takes to resolve a trucking accident case varies depending on the complexity of the case and the willingness of the parties to settle. However, most cases settle within a year or two. |
| What are my chances of winning my case? | The chances of winning a trucking accident case depend on a number of factors, including the strength of your evidence, the skill of your attorney, and the willingness of the insurance company to settle. However, most trucking accident cases settle before going to trial. |
The Importance of Hiring an Attorney Who Will Protect Your Rights
Hiring an Attorney After a Maryland Trucking Accident
If you have been involved in a trucking accident in Maryland, it is important to hire an attorney as soon as possible. An experienced attorney can help you protect your rights and get you the compensation you deserve.
Why You Need an Attorney
There are many reasons why you should hire an attorney after a trucking accident:
- Protect Your Rights: An attorney can help you protect your rights and ensure that you are treated fairly by the insurance company.
- Get You the Compensation You Deserve: An attorney can help you get the maximum compensation you are entitled to, including damages for your injuries, lost wages, and pain and suffering.
- Handle the Insurance Companies: An attorney can handle the insurance companies for you, so you can focus on recovering from your injuries.
- Negotiate a Settlement: An attorney can negotiate a settlement with the insurance company on your behalf, so you can avoid going to court.
What to Look for in an Attorney
When choosing an attorney, there are several things you should consider:
- Experience: Choose an attorney who has experience handling trucking accident cases.
- Reputation: Choose an attorney who has a good reputation in the community.
- Fees: Choose an attorney who offers reasonable fees.
The Process of Hiring an Attorney
Once you have chosen an attorney, the process of hiring them is simple:
- Contact the attorney: Contact the attorney’s office and schedule a consultation.
- Bring all relevant documents: Bring all relevant documents to the consultation, such as your medical records and insurance information.
- Discuss your case: Discuss your case with the attorney and get their advice on how to proceed.
- Sign a retainer agreement: If you decide to hire the attorney, you will need to sign a retainer agreement.
What to Expect from an Attorney
Once you have hired an attorney, you can expect them to:
- Investigate your case: Your attorney will investigate your case and gather evidence to support your claim.
- File a claim: Your attorney will file a claim with the insurance company on your behalf.
- Negotiate a settlement: Your attorney will negotiate a settlement with the insurance company on your behalf.
- Represent you in court: If necessary, your attorney will represent you in court.
43. Common Trucking Accident Injuries
Trucking accidents can cause a wide range of injuries, including:
| Injury | Description |
|---|---|
| Head injuries | Head injuries can range from minor cuts and bruises to serious traumatic brain injuries. |
| Neck injuries | Neck injuries can include whiplash, sprains, and strains. |
| Back injuries | Back injuries can include herniated discs, fractures, and sprains. |
| Chest injuries | Chest injuries can include broken ribs, punctured lungs, and heart damage. |
| Abdominal injuries | Abdominal injuries can include internal bleeding, organ damage, and fractures. |
| Leg injuries | Leg injuries can include fractures, sprains, and strains. |
Maryland Trucking Accident Attorney
When you have been involved in a trucking accident, it is important to seek experienced legal representation. A Maryland trucking accident attorney can help you recover damages, such as medical expenses, lost wages, and pain and suffering. They can also help you hold the trucking company and driver accountable for the harm they have caused.
If you have been injured in a trucking accident, you may be eligible to receive compensation for your injuries. An experienced Maryland trucking accident attorney can help you maximize your recovery and get the justice you deserve.
People Also Ask About Maryland Trucking Accident Attorney
What should I do if I am involved in a trucking accident?
If you are involved in a trucking accident, it is important to take the following steps:
- Call 911 and report the accident.
- Get the names and contact information of the other drivers involved.
- Take pictures of the accident scene.
- Get medical attention for any injuries.
- Contact a Maryland trucking accident attorney.
How much does it cost to hire a Maryland trucking accident attorney?
The cost of hiring a Maryland trucking accident attorney will vary depending on the complexity of your case. However, most attorneys will offer a free consultation so that you can discuss your case and learn more about your legal options.
What are my chances of winning my case?
The chances of winning your case will depend on the specific facts of your case. However, an experienced Maryland trucking accident attorney can help you maximize your chances of success.