If you or a loved one has been hurt in a commercial vehicle accident in Maryland, you know the aftermath can be confusing. Between medical bills and insurance companies, knowing your rights and how to proceed can feel overwhelming. This is where a commercial vehicle attorney comes in. A commercial vehicle accident attorney experienced in the legal and regulatory landscape surrounding trucking accidents. They provide invaluable support and guidance during this difficult time.
Table Of Contents:
- Understanding Commercial Vehicle Accidents in Maryland
- Common Causes of Commercial Vehicle Accidents
- What to Do If You’re in a Commercial Vehicle Accident
- FAQs About Commercial Vehicle Attorneys
- Conclusion
Understanding Commercial Vehicle Accidents in Maryland
Maryland’s roads see a high volume of commercial vehicle traffic. While most trips conclude without incident, the size and weight of commercial vehicles mean that any truck crash they’re involved in has the potential to be a severe truck accident cases. According to the Maryland Motor Vehicle Administration, around 11% of fatal car accidents each year in the state involve a large truck.
These accidents are not only due to the negligence of the truck driver, but can also stem from a variety of factors:
- Improperly maintained vehicles: Trucking companies and owners are bound by strict regulations concerning the maintenance of their vehicles. If an accident case occurs due to faulty brakes, worn tires, or other maintenance issues, the trucking company may be held liable.
- Overloaded or imbalanced cargo: The FMCSA regulations require that all commercial vehicle cargo be securely fastened and immobilized. Inadequately secured cargo can shift during transit. This can lead to a loss of control and a potential rollover. Overloading a truck can also have dangerous consequences, making it difficult to steer and brake effectively.
- Driver fatigue: The Federal Motor Carrier Safety Administration (FMCSA) has implemented strict regulations limiting the hours a commercial truck driver can drive per day and per week. Unfortunately, some companies and truck drivers push these limits. This leads to fatigued driving, which can be just as dangerous as drunk driving.
The Importance of a Commercial Vehicle Attorney
A commercial vehicle attorney brings knowledge to the table. Their experience differs significantly from standard auto accident cases. Here’s why seeking out truck accident attorneys after a truck accident in Maryland is crucial:
Navigating Complex Regulations
The trucking industry is governed by federal and state regulations. Truck accident lawyers in Baltimore are well-versed in those laws, including the FMCSA regulations on driver qualifications, hours of service, vehicle maintenance, and cargo securement.
This knowledge helps truck accident lawyers to determine if any violations contributed to the accident. Ultimately, they help hold negligent parties accountable.
Dealing with Trucking Companies and Insurers
Commercial vehicle accidents often involve substantial damage and injury claims. Trucking companies and their insurers have legal teams working to minimize their payouts.
They might attempt to shift blame or downplay your injuries. A personal injury lawyer levels the playing field, advocating fiercely to protect your rights. They have experience negotiating with these large corporations and insurance company, working to secure a fair settlement for their clients.
Preserving Crucial Evidence
Evidence is critical in any car accident claim, especially with commercial truck accidents. A Baltimore truck accident lawyer will act swiftly to preserve this crucial data:
- “Black box” data: Many commercial vehicles now have electronic logging devices (ELDs) that track data like speed, braking, and hours of service.
- Driver records: Examining the driver’s history, training, and drug and alcohol test records can help to prove negligence. According to the FMCSA, employers are prohibited from allowing a driver to operate a commercial vehicle if they test positive for alcohol or illicit substances. They must also be medically cleared to work by federal standards.
- Maintenance logs: Reviewing these logs reveals if the company adhered to proper vehicle maintenance protocols or ignored red flags.
- Accident reconstruction: Experts in accident reconstruction analyze evidence from the scene to recreate the accident. They provide valuable insight into how the crash occurred and help establish liability.
Common Causes of Commercial Vehicle Accidents
Several common causes often lead to commercial vehicle accidents in Maryland, particularly those involving larger vehicles like tractor-trailers:
Driver Error
Despite strict licensing requirements and regulations, experienced truck drivers are human and susceptible to error. Some common driver errors include distracted driving, speeding, tailgating, improper lane changes, and driving under the influence of drugs or alcohol. Fatigue is another major concern for commercial truck drivers, who may face pressure to drive long hours.
Improper Loading
When cargo isn’t loaded and balanced correctly, it compromises the truck’s stability. This increases the likelihood of rollovers, jackknifing (where the trailer swings out at an angle to the cab), and other hazardous situations.
Regulations by the FMCSA require cargo to be properly secured. They state all cargo be immobilized with appropriate devices like tie downs or dunnage to provide proper support.
Vehicle Defects
A defective tire, brake failure, steering malfunction, or any issue with the truck’s coupling system connecting the tractor and trailer can result in a catastrophic accident.
What to Do If You’re in a Commercial Vehicle Accident
If you’re involved in a commercial vehicle accident, it is critical to prioritize safety and take the following steps:
Ensure Safety First
Check yourself and others for injuries. Contact 911 immediately after the car accident. If possible, move to a safe location away from traffic.
Gather Information
If it’s safe to do so, gather information like:
- The other driver’s name, contact details, driver’s license number, and insurance information.
- The trucking company’s name and contact information.
- Witness contact details, if there were any.
Document the Scene
Take photographs of the accident scene from multiple angles, if you’re able. This includes damage to the vehicles involved, skid marks, traffic signals, and road signs. Be sure to also document any visible injuries.
Seek Medical Attention
Sometimes the adrenaline from an accident masks pain and even result in wrongful death. This may lead to you declining medical care at first. Seeking immediate medical attention establishes a clear record of your injuries and provides evidence if you later discover injuries weren’t readily apparent at the scene,
Contact a Commercial Vehicle Attorney Promptly
Remember that Maryland Code, Courts & Judicial Proceedings § 5-101, states the deadline for most accident claims is three years following the accident.
Don’t hesitate to reach out to an accident attorney. A truck accident attorney can begin building your case, gathering evidence, and navigating legal processes to ensure your rights are protected.
FAQs About Commercial Vehicle Attorneys
What types of cases do commercial vehicle attorneys handle?
Commercial vehicle attorneys specialize in cases that involve large vehicles. This includes tractor-trailers, buses, delivery vans, construction equipment, and other large vehicles used for commercial purposes. They can also assist with cases involving personal injury claims.
How can a commercial vehicle attorney help me with my case?
They investigate the accident thoroughly, preserving evidence to prove fault and liability. Attorneys negotiate with trucking companies and insurance companies to get fair settlements for your losses, which may include things like medical expenses and lost wages.
Plus, they provide legal advice on your options, represent your best interests, and if needed, will litigate your case in court to ensure a favorable outcome.
When is the best time to contact a commercial vehicle attorney after an accident?
Reach out to an attorney immediately following an accident. Remember to prioritize your health and contact emergency services first. Contact a lawyer as soon as you are able.
This gives your legal representation the best opportunity to gather information and preserve evidence, protecting your rights right away. Don’t allow a car accident to impact your life.
Conclusion
Dealing with a commercial vehicle accident in Maryland is complicated. Having a knowledgeable commercial vehicle attorney on your side can make a big difference in securing your future and receiving the compensation you deserve. Get a free consultation to assess your case.
