Commercial Truck Rear-End Crash in Central Maryland: How a Low Offer Was Overcome

What happened?

Our client was slowing for traffic on a major highway when a commercial delivery truck behind him didn’t slow down. The truck hit the back of his car.

His car was towed and declared a total loss. State police came, and the report listed the truck driver as at fault and not paying attention. An ambulance took our client to the ER that night. Both vehicles had dash cameras, and there were photos of the damage.

Liability wasn’t the fight. The fight was over what his injuries and lost income were worth. The trucking company’s insurer accepted fault early. When a commercial driver is on the job, the company that operates the truck can generally be held responsible too, so our lawsuit later named both the driver and the company.

What injuries did our client suffer?

He had neck and back sprain and strain injuries, headaches after the crash, and sprains in his left knee and ankle.

CT scans and X-rays at the ER showed no fractures. A later MRI showed bulging discs in his lower back, one touching a nerve root, and irritation with small tears in an ankle tendon.

He also had an old low-back injury from years earlier, which had been treated with injections. His treating doctor noted his back had been stable before this crash. Having a prior injury doesn’t bar a claim in Maryland. The question is whether the crash made it worse.

About two years later, he was hurt in a second, unrelated crash that affected his back and knee again. We disclosed it and kept that treatment separate from this claim.

His file had no final impairment rating. He reported ongoing back pain and working fewer days a week.

What treatment did our client need?

An ambulance took him to the ER the night of the crash. From there, his care ran about seven and a half months:

Pain management, with epidural steroid injections in his lower back

That added up to dozens of therapy and rehab visits. He had no surgery, and there were no gaps in his main treatment.

His own auto policy’s personal injury protection (PIP) paid first, but his PIP benefit was small and ran out. PIP pays certain medical bills and lost wages no matter who caused the crash. His health insurance covered a small part of his care, and the rest of his provider bills were paid from the settlement.

The practical takeaway: Finish your treatment and keep every record. A complete, gap-free treatment history makes it harder for an insurer to say you weren’t really hurt.

• Medical visits at an injury clinic
• Physical therapy and chiropractic care
• A work-rehab program
• An MRI
• Discharge

How did the injuries affect our client’s life and work?

Our client ran a small business and also worked a part-time driving job. The crash hit both.

He was out of his driving job for about nine weeks. His business suffered too. While he was in pain and going to appointments, he couldn’t run it the way he had. He told us sales dropped and some repeat customers didn’t come back.

Day to day, walking or standing for long stretches hurt. He had trouble sleeping and felt anxious. Routine activities were harder while he recovered, and he also had to deal with losing his car. Proving his business losses became one of the hardest parts of the case.

In Maryland, an injured person can generally seek medical expenses, lost earnings, and non-economic damages such as pain, suffering, and loss of enjoyment of life. Lost earnings can include lost profits from your own business, but you have to prove them with records.

What made this case difficult?

The insurer’s offer was the first problem. It stayed flat for months, and it was less than his medical bills. Several other issues gave the defense room to hold that line.

A transferred case. He came to us about 10 months after the crash with a low offer already on the table.

An old back injury. The defense reserved the right to blame his back problems on his earlier injury.

A later crash. His second, unrelated crash re-injured his back and knee, which the defense could use to muddy what caused what.

Hard-to-prove business losses. His business was young. His invoices were handwritten, and his tax returns showed mixed results. The defense’s economist argued his business actually did better after the crash.

Finding the driver. The truck driver had moved, so serving him with the lawsuit took extra work.

Time. Litigation is slow, and our client understandably grew frustrated with how long it took.

How did we handle it?

Took over quickly. Within weeks, we gathered his full file from his prior lawyer and confirmed liability, coverage, and that his PIP was used up.

Sent our own demand. It included his medical bills and a lost-income analysis built from his tax returns and driving statements.

Filed suit when the insurer wouldn’t move. We filed in Circuit Court against the driver and the company that operated the truck, and we tracked down the driver for service.

Built the business-loss claim. We went through hundreds of pages of handwritten invoices, tax returns, and lost-customer lists. Then we hired an economist, who narrowed the claim to a temporary loss we could defend.

Got ahead of his medical history. We disclosed his old injury and his later crash, and built a medical timeline showing new injuries plus a worsened back.

Prepared him. We hired an orthopedic doctor as a medical witness and prepared our client for his deposition and the defense medical exam.

The turning point was the litigation record. With depositions done, medical and economic reports in, and more witness depositions coming, the defense made its first real offer.

We gave our client an honest read on what a trial would cost and risk. Then we went back to the defense and got the offer raised again before he accepted.

What was the result?

The case settled about 23 months after he hired us, for several times the insurer’s pre-suit offer. It was then dismissed with prejudice, which means it’s closed for good. He avoided the cost and risk of a trial.

Every case is different. Our past results are no assurance that we will reach a favorable result in any future case.

What this means if you’re in a similar situation

A low first offer isn’t always the final word, especially against a commercial insurer.

If you’re unhappy with how your case is going, you can generally get a second opinion or change lawyers.

If you’re self-employed, keep your invoices, tax returns, and customer records. Lost business income needs real proof.

Watch the clock. Maryland generally gives you three years from the crash to file a personal injury lawsuit.

Can I still bring a claim if I hurt my back before?

Yes. A prior injury doesn’t bar a claim in Maryland. The question is whether the crash made your condition worse. Our client had an old back injury and a later, unrelated crash. We disclosed both and built a medical timeline showing what this crash caused. Hiding a prior injury almost always backfires.