Maryland truck accident law is based on a fault system. That is, the at-fault driver must pay money damages to anyone who was injured in the accident. This includes other drivers, passengers and pedestrians.
In the broad sense, truck accident claims have two parts. One is called “liability” and the other is called “damages.” In this article, I will discuss both.
Liability
Liability, or legal responsibility, is determined by the answer to this question: “Who caused the accident?”
Negligence
Technically, a truck accident case is a “negligence” claim. What is negligence? Well, basically, negligence means carelessness. Therefore, to prove negligence, you must show that the truck driver was careless by doing such things as these:
- driving too fast.
- not paying attention.
- making an unlawful turn.
- following too closely.
- running through a red light or a stop sign.
- unsafely changing lanes.
- driving under the influence of drugs or alcohol.
Issues Specific To Truck Accident Cases
There are a myriad of additional issues that are specific to truck accident cases, such as these:
- Was the truck tailgating?
- If there was a rollover, how did it happen?
- If there was a jackknife, how did it happen?
- Was the driver driving appropriately for the weather conditions?
- Was the driver driving appropriately for the traffic conditions?
- Were there any mechanical defects that caused or contributed to the collision?
- Were the truck’s air brakes working properly?
- Was the driver qualified to drive the type of rig involved?
- Was the driver properly licensed?
- Had the driver been properly trained?
- Did the driver have a history of previous accidents?
- Had the truck been maintained properly?
- Had the truck been properly loaded?
- Was the truck overweight?
- Was the driver fatigued or driving in violation of “hours of service” regulations that control how many hours a driver can drive?
- Had the vehicle been inspected and tested as legally required?
- Were alcohol or drugs involved?
I hear you wondering: What law applies? Well, if the truck traveled in interstate commerce (between states), federal laws apply. Likewise, if the truck stayed within Maryland, Maryland law applies. Actually, the federal and state rules are similar. That’s because Maryland has adopted many federal rules as its own.
As you see, truck accident cases can be complicated. Therefore, if you have been seriously injured in a truck accident, you should promptly contact an experienced truck accident lawyer.
Defenses To Liability Claims
I’m sure you are wondering how the insurance company will try to defeat your liability claim?
The insurance company may simply deny that their driver did anything wrong. There is no negligence, they will claim. Or, they may raise a legal defense such as “contributory negligence.”
Contributory Negligence
Unfortunately, Maryland is one of only four states that has a very harsh rule called “contributory negligence.” This is a powerful defense which can completely defeat your negligence case.
What exactly is contributory negligence? Simply stated, if you contributed in any way to causing your accident, you have no claim against the truck driver. In theory, if you are to any degree responsible for causing an accident, this rule applies. That’s right, if you are only 1% liable, you cannot recover from the driver who was 99% responsible! (How is that fair?)
In summary, liability exists if the truck driver caused your accident and you did nothing to contribute to causing it, such as speeding or not paying attention.
Having covered liability, let’s talk about damages.
Damages
“Damages” refers to the consequences of the truck driver’s carelessness. In other words, “What harm did the truck driver cause?”
There are two main categories of damages in Maryland truck accident law, property damages and personal injury damages.
Property Damage
Obviously, property damage claims concern the damage to your property, mainly your vehicle. Above all, the at-fault truck driver must pay to repair your vehicle. However, your vehicle is a “total loss” if it would cost more to repair than it is worth. In that case, instead of repairing it, the truck driver has to pay you the vehicle’s actual cash value (ACV). (The theory behind this is that you can use the money you are given to purchase a similar vehicle. Unfortunately, that is almost never a realistic possibility.)
In addition, under your P.D. claim, the other driver must give you a rental car while yours is being repaired. Or, if your vehicle was totaled, you are entitled to a rental until you are paid for your destroyed vehicle.
An Overlooked Property Damage Claim
If your vehicle was “new-ish” and has been badly damaged, you may have a claim for diminished value. This means that, even after it is repaired, the value of your vehicle has been reduced. To illustrate, let’s say you are in the market for a vehicle. Would you pay full value for a vehicle if you knew it had been badly damaged and repaired? Of course not. You would choose a another similar vehicle that had not been badly damaged and repaired. If you are in this situation, look into making a diminished value claim.
Personal Injury Damages
In addition to your property damage claim, if you were hurt, you can make a personal injury claim. This is your claim asking to be compensated for your accident-related injuries. Personal injury damages compensate for both economic losses and noneconomic losses.
Economic Damages
These are the economic losses you can recover:
- all medical bills for treating injuries that result from the accident,
- any loss of income, such as employment income, and
- any other economic losses that resulted from the accident.
Noneconomic Damages
If the truck driver was merely required to pay your financial losses, you would not be fully compensated. Your economic losses are not what you will remember years later about this experience. What you will likely remember more is the pain of your injuries, the mental uncertainty, and the disruption to your life that the truck driver caused.
Therefore, the truck driver must compensate you in money damages for these noneconomic losses:
- physical pain.
- mental anguish.
- disfigurement.
- inconvenience.
- physical impairment.
- damage to your marital relationship.
Further, if your injuries are permanent, you are also entitled to recover for your future monetary and nonmonetary damages. How do you know what will happen in the future? You will rely on experts, such as economists.
To be able to prove your losses, keep a diary. In it, answer this question: How has this accident affected my life? This information will be very helpful to your lawyer.
How Much Can You Recover For Your Injuries?
The amount of money you are entitled to receive for your injuries depends on the unique facts of your case. Such factors as these will be used to determine fair compensation:
- How seriously you were injured?
- How long did you suffer with your injuries?
- Did you recover fully?
If you recover quickly and completely, you will have a less valuable claim than if you do not. That’s obvious, isn’t it? Conversely, more serious and longer-lasting injuries entitle you to more compensation.
Summarizing, you can be paid for three things to compensate for your injuries, First, you can recover the full amount of the medical bills caused by your truck accident. Second, you can recover the full gross amount of the income that you lost. And third, you are entitled to an additional amount as compensation for pain, suffering, inconvenience and the like.
Here are some very general ideas about the compensation you can receive. For minor injuries, you might recover as little as approximately 1 1/2 times the amount of your out-of-pocket losses. Or, you could be entitled to 10 times your financial losses, or more, if your injuries are severe and permanent.
As you proceed with your claim, remember this rule of thumb: The more seriously you are injured, the more the adverse insurance company will resist you. Consequently, if you have been seriously injured, consult immediately with a truck accident lawyer. You need an expert on your side to even the fight. You need someone who is as totally committed to helping you recover all that the law allows as the defense is committed to giving you as little as they can!
Defenses To Damage Claims
As has been discussed, to recover you must be able to prove that the truck driver’s negligence caused your injuries. Often, the defending insurance company will raise the defense that something other than the truck driver’s carelessness caused your injuries. Perhaps, an earlier accident is the cause of your injuries, they will argue. Maybe, a later accident is the cause. Maybe they will contend that the normal aging process is the culprit. You must be prepared for these and any other claims they think up.
Normally, you will use expert testimony to defeat claims that your accident did not cause your injuries. For example, your doctor can testify that your injuries are the result of your car accident.
PIP No-Fault Claim
Here is one final, but important, point about Maryland truck accident cases.
So far, everything I have told you concerns your claim against the negligent driver. (Actually, in almost all cases you won’t deal directly with the driver. Instead, you will deal with that driver’s insurance company. To clarify, they will defend the claim. And, they will pay the claim under the at-fault driver’s liability insurance coverage, up to the policy limit.)
However, you have another injury claim that you can make under your own insurance policy. That is, unless you waived it. Let me explain.
What Is PIP?
Unless you waived it, you have an insurance coverage called “PIP.” This rhymes with “sip” and stands for “personal injury protection.”
PIP is an exception to the Maryland’s normal car insurance fault system. PIP is a no-fault claim. Moreover, you can make a claim under your PIP coverage without proving fault. You simply have to show that an accident happened and that you were injured. PIP covers your medical bills and (85% of) your lost income, up to the policy limit. How much is that? Well, the policy limit must be at least $2,500. And that is by far the most common policy limit. However, some insurance companies offer as much as $10,000 of PIP coverage. Check your policy to see what limit you have.
The real value of PIP is that it can provide benefits much sooner than your liability claim can. In fact, this is the reason why PIP coverage came into existence.
As I discuss elsewhere on this website, you should not present your injury claim until you fully recover from your injuries. Or, at least until you recover as much as you are going to. However, you can submit your PIP claim without delay. Later, if you have more medical bills or lost wages, you can send in a supplement to your PIP claim. In fact, you can keep submitting PIP claims until your losses stop or you have received the policy limit.
I know you are wondering this. Yes, you can safely make a PIP claim without fear that your insurance rates will increase. Moreover, making the claim will not affect or limit your liability claim against the careless truck driver.
Insurance Tip
I recommend that you purchase as much PIP coverage as your insurance company will sell you. It doesn’t cost much, and it is awfully handy if you are in a serious auto accident that disables you.
Contact Us
If you have been seriously injured in a truck accident, contact us.