Trucking Accidents FAQs

A: Under Maryland Transportation Code § 20-107 (a), “The driver of each vehicle involved in an accident that results in bodily injury to or death of any person shall, within 15 days after the accident, report the matter in writing to the Administration.”

If you need help with any step of the legal process, the Baltimore truck accident attorneys at The Bishop Law Group can help. Call us today for a free, no-obligation consultation.

A: Testing for controlled substances and alcohol is required for any truck accident that involves a fatality. Trucking companies may also be required to test their drivers in certain circumstances that involve bodily injury and/or disabling damage to a vehicle (see Code of Federal Regulations § 382.303).

A: In order to obtain compensation in a truck accident claim, you must prove that the wreck was the result of negligence on the part of the truck driver and/or other liable parties. To prove negligence, you must establish that the at-fault party or parties:

• Owed you a duty of care (i.e., had a legal responsibility to avoid causing you harm; this could include driving the speed limit/maintaining a safe speed for conditions, abiding by federal trucking regulations, etc.)
• Breached this duty through carelessness, recklessness, or wrongdoing
• Caused your injuries and losses as a result of their breach of duty

Insurance companies notoriously try to pay as little as possible in these cases and often attempt to pay nothing at all, claiming that fault for the crash lies elsewhere.

Insurance requirements for motor carriers have been instituted by FMCSA. Your truck accident attorney will evaluate the amount of insurance coverage available and seek the full amount you deserve.

A: In the immediate aftermath of a serious truck crash, it can be difficult to take in the enormity of the situation. You may be severely injured, and ensuring your health and safety should be your first and only priority.

This is where a Baltimore truck accident lawyer can really help. Your attorney will work with investigators and other experts to gather evidence to support your claim. Examples of the types of evidence that may be gathered include:

• Evidence of injuries: Medical records and expert testimony can establish the severity and nature of your injuries. This evidence can also be used to prove that the truck collision caused the injuries you sustained.
• Evidence of fault: Truck accident claims, like other personal injury claims, hinge on the concept of negligence. Your attorney will work to prove that the other party or parties acted negligently, and harmed you as a result. Physical evidence (such as vehicle damage, skid marks, trucking logs, maintenance reports, employment records, etc.) can help to establish who is responsible for the crash.
• Evidence of damages: In addition to proving fault and harm, the evidence must show that the truck wreck caused you to sustain economic and non-economic losses.

In order to prove that you are entitled to damages in a successful truck accident claim, evidence and testimony from experts familiar with Federal Motor Carrier Safety Regulations are critical. An experienced lawyer will know what constitutes a just settlement offer and when it may be appropriate to file a lawsuit and take your case to court.

A: It is almost never a good idea to take on a complex truck accident case without the counsel of an experienced lawyer. A trucking accident attorney understands the law and complexities involved with these difficult claims.

Some of the most beneficial ways a truck accident lawyer can help your case include:

• Gather evidence to support your claim, including medical records, accident reports, photographs of the crash scene, etc.
• Obtain evidence from the truck company, including maintenance and inspection reports, employment records, logbooks, etc.
• Establish the cause of the wreck based on the facts in the case
• Identify the potentially liable parties involved with the crash, including the trucker, his or her employer, etc.
• Calculate the full value of your losses, including pain and suffering, lost wages, medical bills, etc.
• Work with experts to assist in reconstructing the accident and evaluating the long-term effects of your injuries
• Negotiate a fair settlement with insurers

Trucking accident attorneys can also advise you when it is appropriate to take your case to court. A lawyer can prepare your case for trial and fight for the maximum compensation to which you may be entitled under Maryland law.

A: All personal injury claims in Maryland, including truck accident claims, are subject to strict time limits. Maryland Courts & Judicial Proceedings Code section 5-101 sets the statute of limitations for most personal injury lawsuits at three years, stating “A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced”.

Claims involving wrongful death are subject to the same three-year statute of limitations.

To seek compensation for your physical, financial, and emotional damages after a truck crash, it is crucial to adhere to the statute of limitations. Truck companies take accident cases very seriously. This means that claims involving commercial trucking wrecks have a higher likelihood of going to court. It is important that you begin the legal process in time to ensure that your rights and best interests are protected.

The various deadlines involved in filing a lawsuit are just some of the many reasons why you should contact a Baltimore truck accident attorney promptly after a crash. Your lawyer can ensure that your claim is filed correctly and on time with the appropriate court.

A: The FMCSA reports a total of 479,103 crashes involving large trucks in the United States from 2019-2021. In Maryland, the FMCSA recorded:

• 6,017 large truck crashes
• 2,707 truck accidents resulting in injuries
• 104 fatalities in truck accidents

In 2021 alone, 1,442 people were injured and 43 people were killed in commercial trucking accidents in Maryland.