If filing a claim with the appropriate insurance company isn’t getting you anywhere, the way to get compensation after a truck accident in Maryland is to file a lawsuit against the liable party.
Because Maryland’s fault and negligence laws are antagonistic to the plaintiff in personal injury cases, Maryland claimants will put themselves in a stronger position by contacting an experienced truck accident attorney before taking legal action.
Maryland Statute of Limitations
A statute of limitation limits the time frame within which a plaintiff can file a lawsuit. If plaintiffs had unlimited time to take legal action, defendants would need to maintain records of supporting evidence indefinitely. That is an impossible standard for most individuals and organizations.
The Maryland statute of limitations for personal injuries carefully balances the rights of the injured and the rights of defendants by giving plaintiffs three years to file a lawsuit. Lawsuits filed after the time limit has passed will almost always be dismissed.
Maryland Laws for Truck Drivers
Truck laws are relatively similar throughout the U.S. These laws are similar because commercial trucks regularly cross state lines, and truck drivers must be familiar with the laws wherever they are driving. The following are a few laws that might apply to your truck accident case:
- Right lane. Truck drivers are typically required to stay in the right lane when traveling on a multilane road unless they are passing another vehicle. If a truck was driving in the wrong lane, it is easier to prove the driver was negligent.
- Service hours. Truck drivers are limited in the number of hours they can drive both in a week and in any 24-hour period. Drivers who violate these restrictions are more likely to be found negligent if they are in an accident.
- Commercial driver’s license. Different types of trucks are categorized differently. A driver must be licensed for a specific type of truck to legally drive it.
Identifying Fault for a Truck Crash
Because Maryland is an at-fault state, victims of truck accidents may file a lawsuit against the responsible party even if they haven’t filed an insurance claim. However, getting compensation is still quite difficult due to Maryland’s contributory negligence laws.
Suppose that another party is largely responsible for the injuries you suffered. Unfortunately, that doesn’t mean you will get compensation. If a jury determines that you are even 1% responsible for the harm you suffered, contributory negligence laws in Maryland prevent you from receiving compensation from the more responsible party.
And since insurance companies are guided by the same laws, the other party’s insurance company may fight against compensating you if it can claim that you were even slightly responsible for the harm you suffered.
How Can an Attorney Help You?
What are your options when the court system is stacked against you and the laws allow insurance companies to deny your claim? Typically, this is where a lawyer steps in.
Truck accident lawyers in Maryland have experience dealing with the harsh fault and negligence laws in the state. The best truck accident attorneys are highly experienced in accident reconstruction and evidence collection. This is a necessity when even a single piece of conflicting evidence can torpedo a case.
If a truck accident lawyer accepts your personal injury case, they believe they can win at trial despite the disadvantage created by Maryland laws. The top personal injury attorneys are usually also talented trial lawyers who have experience convincing juries to give high awards.
The right attorney can be the difference between no compensation and thousands or even millions of dollars.