Car accidents usually involve just one driver. But truck accidents can involve several different parties. In a commercial truck accident, the liable party could include the truck driver, the trucking company, the freight company that loaded the truck, or the company that maintained or repaired the truck.
Each of these groups may share some responsibility for the crash. Figuring out who is at fault can be hard, especially when companies have complex business structures and different insurance policies. This is where a Baltimore truck accident lawyer can step in and help establish liability in a commercial truck accident.
Understanding Liability in a Commercial Accident
When a crash involves a commercial truck, it is important to figure out who was responsible. This process is called determining fault, and it helps decide who may need to pay for the damages.
How Fault Is Determined
There are several ways investigators and attorneys find out who caused the accident.
Police Involvement
- Police usually arrive at the scene of a commercial truck accident.
- They might give a ticket or arrest a driver who broke the law.
- If a driver is found guilty, that is strong evidence of fault.
- Police also write accident reports that may name the driver who caused the crash.
Evidence from the Scene
- Photos of the vehicles and the crash site
- Damage reports from both vehicles
- Data recorded by the vehicles before and during the accident
Experts may study these items and use them to create models or diagrams to show how the accident occurred.
Additional Documents
- Truck driver logs that show work hours and breaks
- Lists of what the truck was carrying (known as a manifest)
- Maintenance records for the truck
These items may show whether the truck company or driver failed to follow safety rules or acted carelessly.
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Why Commercial Truck Accidents Are More Complex Than Car Crashes
Many people think truck accidents are just like regular car accidents. However, crashes involving large trucks—such as tractor-trailers or big rigs—are often much more complicated.
This is because of the size of the vehicles, the severity of injuries, the amount of evidence involved, and the number of people or companies that may be liable for the commercial truck accident.
Larger Trucks Cause More Serious Injuries
Big trucks are much heavier and larger than regular cars. When they crash, the damage is often much worse. People involved in truck accidents may suffer:
- Brain injuries
- Spinal cord injuries
- Lost limbs
More Evidence Is Needed to Understand What Happened
In a regular car accident, investigators usually look at:
- Photos of the crash scene
- Police reports
- Vehicle damage
- Witness statements
But commercial truck accidents need a deeper investigation. Experts may also need to review:
- The truck driver’s work log (to check for fatigue)
- The list of items the truck was carrying
- Data from the truck’s onboard recorder
- Maintenance records for the truck
This extra information helps show whether the crash was caused by tired driving, unsafe cargo, poor truck maintenance, or other problems.
Key Evidence in Commercial Truck Accident Cases
When someone is hurt in a commercial truck accident, it’s important to gather strong evidence to show what caused the crash and who is liable for it.
Experienced attorneys work hard to collect all the facts that may prove the truck driver or trucking company acted carelessly. Below are some of the most useful types of evidence that lawyers may use in these cases.
Photos from the Accident Scene
Pictures taken after the crash can show important details like:
- Where the vehicles ended up
- Damage to the cars and trucks
- Skid marks, traffic signs, and road conditions
- Weather and lighting at the time of the accident
Vehicle Damage and Repair Reports
These reports explain how each vehicle was damaged and may help show how the crash happened.
Police Accident Report
The police report often includes the officer’s opinion about who caused the accident. This can be very helpful when deciding who is at fault.
Traffic Citations and Arrests
If the truck driver received a ticket or was arrested for breaking traffic laws, it may be strong proof that they were driving dangerously.
GPS and Vehicle Data
Modern trucks have GPS and data recorders that track:
- Speed
- Braking and acceleration
- Driving patterns before the crash
Truck Driver’s Logbook
Truck drivers must keep records of how long they’ve been driving. These logs can show if the driver was tired, which may have led to the accident.
Drug and Alcohol Test Results
After some crashes, truck drivers are tested for drugs and alcohol. If they were under the influence, it can be powerful evidence of negligence.
Cargo Load Manifest
This document shows how the truck was loaded. If the cargo had been packed unsafely, it could have caused or worsened the accident.
Truck Maintenance Records
These logs show whether the truck was properly cared for. Poor maintenance can lead to mechanical problems that cause accidents.
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Compensation Available After a Truck Accident
Individuals who are injured in truck-related accidents may be entitled to recover compensation for a wide range of damages. These damages are generally categorized as economic, non–economic, and property–related losses.
Economic Damages
Economic damages refer to measurable financial losses resulting from the accident. These losses can be verified using documentation such as bills, invoices, or wage statements.
Common types of economic damages include:
- Medical Expenses: Costs for hospital care, surgery, physician visits, prescription medication, rehabilitation services (such as physical or occupational therapy), and medical equipment, including prosthetics or mobility aids.
- Lost Wages: Compensation for income lost while the injured individual was unable to work during recovery.
- Loss of Earning Capacity: Damages awarded when injuries result in partial or permanent disability, affecting the individual’s ability to earn income at the same level as prior to the accident.
Non-Economic Damages
Non-economic damages compensate for personal, subjective losses that do not have direct financial measures. These reflect the emotional and physical impact of the injury.
Common types of non-economic damages include:
- Pain and Suffering: Covers both physical pain and emotional distress resulting from injuries.
- Loss of Enjoyment of Life: Addresses diminished ability to participate in hobbies, daily activities, or personal interests due to lasting impairments or disfigurement.
- Loss of Consortium: Compensation to family members, typically a spouse, for loss of companionship, affection, or support that the injured person previously provided.
Property Damage
When physical property is damaged during the accident—such as a personal vehicle or belongings within the vehicle—the victim may seek reimbursement for the cost of repairs or replacement.
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What Causes Most Truck Accidents?
Truck accidents can be very serious and often happen because someone made a mistake or didn’t follow safety rules. Lawyers who handle these cases look at many possible causes to figure out what went wrong. Here are some of the most common reasons large truck accidents occur:
Speeding
Driving too fast makes it harder to stop in time and increases the force of a crash. Large trucks need more time and space to slow down, so speeding is especially dangerous.
Distracted Driving
Truck drivers may get distracted by phones, GPS devices, eating, or even daydreaming. Taking their eyes off the road for even a few seconds can lead to a serious accident.
Blind Spots
Trucks have large blind spots where the driver can’t see other vehicles. If a car is in one of these areas, the truck might hit it while changing lanes or turning.
Misuse of Over-the-Counter Drugs
Some drivers take medicine to stay awake or relieve pain, but even non-prescription drugs can affect alertness and reaction time.
Tailgating
Following other vehicles too closely doesn’t give the truck enough time to stop if traffic suddenly slows down. This can lead to rear-end collisions.
Oversized or Improperly Loaded Cargo
If a truck is carrying too much weight or the load isn’t balanced, it can be harder to control. This may cause the truck to tip over or lose cargo on the road.
Driver Fatigue
Truck drivers often work long hours. If they don’t get enough rest, they may fall asleep at the wheel or make poor decisions due to tiredness.
Poor Vehicle Maintenance
Trucks need regular checkups to stay safe. If parts like tires, lights, or brakes aren’t fixed or replaced when needed, it can lead to mechanical failure.
Breaking Transportation Laws
Truck drivers and companies must follow strict rules about driving hours, weight limits, and safety checks. Ignoring these laws can lead to accidents.
Operator Negligence
Sometimes, the driver simply makes a bad choice—like turning too sharply, ignoring traffic signs, or driving aggressively. These actions can cause crashes.
Inadequate Vehicle Upkeep
If the trucking company doesn’t take care of its vehicles properly, it puts everyone on the road at risk. Regular inspections and repairs are essential.
Baltimore’s Statute of Limitations for Truck Accident Claims
In Maryland, MD Code §5–109 gives you three years from the date of a truck accident to file a lawsuit for personal injury. This time limit is called the statute of limitations. If you wait too long, the court may refuse to hear your case—even if you were seriously hurt.
Exceptions to the Rule
There are some special situations where the deadline might be extended, such as:
- If the injured person was a minor
- If the injury wasn’t discovered right away
- If the person was mentally or physically unable to file a claim
It’s important to speak with a lawyer as soon as possible after a truck accident to make sure your rights are protected.
Trusted Baltimore Truck Accident Lawyers Serving Maryland
If you or a loved one has been injured in a commercial truck accident in Baltimore or anywhere in Maryland, don’t wait to get the legal help you deserve. The Bishop Law Group will help victims establish who is liable for a commercial truck accident and recover fair compensation for their injuries and losses.
Contact us today to schedule your free consultation. We proudly serve clients throughout Maryland, including Baltimore, Ocean City, and nearby communities.
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