Maryland Truck Accident Lawyers
Truck accidents are often horrific, and the injuries that are sustained by the innocent parties can be severe, and are often catastrophic. A Maryland truck accident can seriously impact not only your health, but also your very life as you struggle to contend with medical bills, and all manner of insurance companies that want to get information, and who may be working against you.
Thankfully, you can have a team on your side to fight off the insurance companies that are trying to minimize or deny your claim. If you have been involved in a Maryland truck accident that was not your fault, you have the right to file a claim for your injuries and damages. Don't let anyone stand in the way of getting the compensation that you deserve.
Joseph Blaszkow and his team are serious about fighting for your rights, and holding everyone accountable who is responsible for hurting you. Don't fight alone! For a free consultation anywhere in Maryland, call Blaszkow Legal at 703-879-5910
Who is at fault for a Maryland Truck Accident?
The question of fault is very fact specific. The first question is negligence. Negligence is defined as someone doing something wrong, or failing to do something that a reasonable person or entity would have done in the same circumstances. There are many different parts of negligence, and many different parties that can be negligent.
In a Maryland Truck Accident case, the first party that we investigate is the truck driver. What did the truck driver do wrong to cause the accident? Was he distracted? Was he operating some computer or device in the cab? Was he speeding?
We also investigate the company that the driver works for. By sheer virtue of the fact that the driver was working for a company at the time of the accident, any negligence that attaches to the truck driver, also goes to the employer. This is a legal concept called respondeat superior. However, there may be other, independent negligent acts that the company committed. Did they properly inspect the truck? Were they badgering the truck driver telling him he needed to drive faster or he would be fired?
Dispatchers and dispatching companies can also be responsible for negligence in a truck accident. Truck dispatchers will sometimes determine the routes that trucks take. This can cause trucks to drive down roads that are not suited for them, which can cause accidents. Other times, dispatchers may be pushing the truck drivers too hard for example, and if the driver falls asleep and causes a serious accident. Part of the responsibility for that crash may be held by the dispatchers.
Common Causes of Truck Accidents
Truck accidents have the potential to seriously injure, and even kill innocent people. When you are filing a claim after a Maryland truck accident, you are going to want to know what caused the accident. While each case is different, here are some of the more common causes of Maryland truck accidents:
Improperly secured freight
Improper loading of trailers
DUI and drunk driving
After a Maryland Truck Accident
The most important thing that you have to do after a Maryland truck accident is work on getting better. Because truck accidents have the potential to be so severe, and can be devastating, this is not going to be a quick or easy journey to your physical recovery. Small injuries can turn into big ones if left untreated and on evaluated.
After a truck accident, even if you feel okay, always get checked out by a competent Medical Doctor. We recommend going to a hospital, or an urgent care center immediately. If you have been to a chiropractor in the past, that's fine, but after an accident you always want to be evaluated by a Medical Doctor. Chiropractors are fine people, and may often be involved in subsequent treatment, but they have a very narrow scope of practice under the law. A Medical Doctor can fully and comprehensively evaluate your condition.
Additionally, many insurance companies, and juries, place more weight on treatment that is overseen and monitored by medical doctors.
How to pay for medical bills after an Truck Accident
If you have been involved in a Maryland truck accident, you need to make sure that you are using your health insurance at the hospital, and for any subsequent medical treatment if possible. Many people think that the at-fault party should "pay" for their medical care after an accident. That is not how it works! You file a claim for your medical expenses, but that is a comprehensive claim that takes into account more than solely medical expenses. Trucking Claims can take a long time, and will often wind up in court. You cannot put off your medical treatment for that. Always pay your co-pays deductibles, and always use your health insurance.
Another reason to use your health insurance is because your health insurance is a collateral source. This means that the trucking company does not get credit for it. If you go to a hospital, and the hospital visit costs $5,000, but your health insurance only paid $1,000, the trucking company is not liable only for that $1,000. They are liable for the whole bill!
Most importantly, the trucking companies know that individual, non-represented people do not know the ins and outs of the law. They are betting on the fact that over 60% of people involved in truck accidents never call a lawyer. They want to settle your claim for as little money as possible. Our job is the complete opposite! Our job is to get you all of the compensation that you deserve!
Picture Credit: Maryland State Police and the Frederick Times
Because trucks haul cargo across state lines, they have to follow laws and rules set out by the Department of Transportation's Federal Motor Carrier Safety Authority (FMCSA). That government body has created a consolidated set of rules, called the Federal Motor Carrier Safety Regulations (FMCSR). Regulations apply to all tractor trailers, semi-trailers, and commercial vehicles.
One of the many extremely important rules contained in the regulations is that a driver cannot drive for more than 11 hours consecutively. After driving for 11 hours, truck drivers have to take 10 hours off - not just a 30-minute nape. This is very important, because drivers who push themselves too hard, and companies who push their drivers too hard, dramatically increase the risk of driver fatigue, which leads to driver error and horrific truck accidents.
Damages after a Maryland Truck Accident
If you have been involved in a Maryland truck accident, you have a right to file a claim for monetary damages. These damages seek to compensate you for the whole constellation of injuries and impact to your life that you have suffered after a crash. The elements of the damages that you can claim include:
Future medical expenses
Future lost wages
Pain and suffering
Loss of enjoyment of life
Truck Accident Statute of Limitations
In Maryland, a personal injury claim for a truck accident in Maryland must be filed within 3 years of the date of the accident, against the negligent party - person, company, etc. There are certain circumstances where that deadline can be longer, such as when the injured person is under the age of 18. The three year period does not begin to run until the injured person, who was a minor at the time of the crash, turns 18.
In other circumstances, however, the statute of limitations may be lower! If the truck that caused the accident was being operated by a local government, a state government, or the Federal government, there are various tort claims acts that can be triggered. They have a much shorter window in which the claim must be filed.
Always speak to an experienced Maryland truck accident lawyer as soon as possible after you have been in an accident.
Talk to our experienced Maryland Truck Accident Lawyers today
If you have been involved in a truck crash anywhere in Maryland, you need an experienced Maryland truck accident lawyer to begin fighting for you as soon as possible. If you have lost a loved one in a Maryland truck accident, then you want someone fighting for justice as soon as you can. The attorneys and staff at Blaszkow Legal have been representing injured parties throughout Maryland for over 40 years.
Joseph Blaszkow and his team are here to fight for all of the compensation that you deserve. To schedule a free consultation, call Blaszkow Legal at 703-879-5910!
Have you or a loved one been hurt in a Maryland Truck Accident?
Then call Blaszkow Legal today! Let us fight for you and your family. We serve the entire State of Maryland, and offer virtual consultations for those who cannot make it into the office.
Call 703-879-5910 today!