Truck Accident Attorney Hyattsville, MD
Truck accidents in Hyattsville, MD, can cause significant physical harm, emotional stress, and financial burden on victims. The impact of these accidents is far-reaching, affecting not only those involved but also their families and community. However, there are dedicated lawyers who work tirelessly to protect the rights of these victims. Their aim is to provide some comfort and secure fair compensation for those whose lives have been thrown into disarray due to these accidents.
Chaikin, Sherman, Cammarata, & Siegel P.C. – Your Advocates in Trying Times
At Chaikin, Sherman, Cammarata, & Siegel P.C., we have over four decades of experience in successful personal injury claims. Our team of seasoned attorneys specializes in the nuances of traffic laws and has been instrumental in securing substantial compensation for victims. Contact our team today for a free consultation and start pursuing the justice you deserve.
Can You Sue After A Truck Accident?
Yes, you can sue after a truck accident in Maryland. The amount of compensation available to you will depend on the severity of your injuries and the specific circumstances of your case.
If someone else’s negligence caused an accident involving a commercial truck that resulted in injury or death, then you may be able to file a personal injury lawsuit against the appropriate parties. Depending on the circumstances, you may also be able to file a wrongful death lawsuit if your loved one was killed in the accident.
It is important to remember that trucking companies and insurance carriers are backed by aggressive attorneys who will do everything they can to reduce or deny any compensation owed to you for your injuries. That is why it is essential that you hire an experienced truck accident lawyer who knows how to handle these types of cases.
How Can A Lawyer Help With Your Truck Accident Case?
Our truck accident lawyers can provide crucial support in various ways. Here’s how:
- We can investigate the accident to look for all possible liable parties. Trucking companies must abide by specific safety rules which are enforced by federal and state regulations. A lawyer will be able to determine if these rules were violated and identify additional potential defendants.
- We can review your medical records to understand the extent of your injuries, including any future medical expenses.
- We can evaluate your case to determine the full amount of compensation you are entitled to, including loss of earnings and pain and suffering.
- We can negotiate with the insurance companies on your behalf to get you a fair settlement that compensates you for all your losses.
- We can represent you in court if necessary.
What Types Of Damages Can You Receive In A Truck Accident Lawsuit?
If another person’s negligence caused a truck accident that led to injury or death, the affected parties may be able to receive compensation for various types of damages. Depending on the circumstances of your case, you may be able to recover damages for:
- Medical bills: This includes all costs incurred for medical treatment related to the accident. It covers immediate treatment post-accident, ongoing medical care, rehabilitation, physiotherapy, and any future medical expenses related to the injury.
- Loss of wages and income: If the injured party is unable to work due to their injuries, they may be able to recover compensation for lost wages and income. This also includes any loss in earning capacity if the injury leads to long-term or permanent disability.
- Pain and suffering: This refers to the physical discomfort and distress suffered as a result of the accident and the injuries sustained. This may include chronic pain or permanent disability.
- Mental anguish: Mental anguish is the emotional distress that comes with experiencing a traumatic event such as a truck accident. This may include anxiety, depression, or post-traumatic stress disorder (PTSD).
- Emotional distress: Emotional distress refers to the negative emotional reactions that can result from a traumatic event. This includes feelings of fear, worry, grief, and embarrassment.
- Property damage: If your vehicle or any other personal property was damaged in the accident, you may be compensated for the repair or replacement costs.
- Funeral expenses (in wrongful death cases): In the unfortunate event that a truck accident leads to a wrongful death, the surviving family members may be able to recover compensation for funeral and burial expenses.
Who is Liable in Truck Accidents?
The liable party in a truck accident will depend on the circumstances of the case. It could be any one or more of the following:
- The truck driver: If the truck driver was negligent, he or she may be held responsible for the resulting injuries and damages. This includes driving under the influence, violating traffic laws, or engaging in distracted driving.
- The trucking company: If the trucking company allowed an inexperienced or unlicensed driver to operate their trucks, they may be held liable for any resulting injuries and damages. They could also be found liable if they failed to properly maintain their vehicles or adhere to Federal Motor Carrier Safety Administration (FMCSA) regulations.
- The manufacturer of the truck: In some cases, defective or malfunctioning parts on the truck may be found to be the cause of an accident. In such cases, the manufacturer may be held responsible for any resulting injuries and damages.
- The cargo loader: If improperly loaded or unsecured cargo causes a truck accident due to shifting weight, then the party responsible for loading and securing it may be held liable for the resulting injuries and damages.
- Other drivers: Other drivers on the road may be found liable if their negligence or reckless driving played a role in causing an accident.
How to Prove Negligence in a Truck Accident Case
Establishing negligence is the cornerstone of any personal injury case, and this holds true for truck accidents as well. Liability in truck accidents often rests on proving negligence: that the defendant neglected their responsibility to exercise reasonable care and that this failure led to the accident. Given the complex nature of these cases and the formidable legal teams often employed by trucking companies, having experienced legal representation is of paramount importance. Here’s a closer look at the process:
- Establish Duty of Care: This initial step involves demonstrating that the defendant(s) owed a duty of care to the plaintiff. In the context of a trucking accident, this could mean the truck driver’s obligation to adhere to traffic laws, the trucking company’s responsibility to ensure their drivers are adequately trained, or a manufacturer’s duty to produce safe, reliable equipment.
- Breach of Duty: Once the duty of care has been established, the focus shifts to proving that the defendant(s) failed to fulfill this duty. Evidence of reckless driving, negligent hiring, or defective truck parts can be invaluable during this phase of the legal process.
- Causation: Establishing causation involves demonstrating a direct connection between the defendant’s breach of duty and the occurrence of the accident. This step may involve expert testimonies, reconstructing the accident scene, and conducting an extensive investigation to gather compelling evidence that supports your case.
- Damages: The last step involves detailing the physical, emotional, and financial harm the plaintiff suffered due to the accident. This may encompass presenting medical bills, proof of lost income, evidence of property damage, and testimony regarding pain and suffering.
Why You Need An Experienced Lawyer Following A Truck Accident
Truck accidents can lead to severe injuries and often result in complex legal cases. It is important to hire a lawyer who is experienced in handling truck accident cases and who is familiar with the laws governing trucking companies and other entities involved in the accident. A good lawyer will be able to conduct a thorough investigation to uncover all vital evidence that supports your case. They will also be able to assess the strength of your case, negotiate with insurance companies on your behalf, and fight for fair compensation for you so that you can get back to your life as soon as possible.
Dealing With The Insurance Company
Following a truck accident, it is important to remain vigilant when dealing with the insurance company. It is not uncommon for insurance companies to try and downplay the severity of your injuries or even offer you settlements that are far below what you deserve. Insurance companies use tactics such as delaying the process, offering lowball settlements, and refusing to pay out claims in an effort to increase their profits. It is important to remember that you are not obligated to accept any offer from the insurance company, and it is often best to have your attorney handle negotiations on your behalf.
An experienced personal injury lawyer can help protect your rights in this situation and ensure that the insurance company does not take advantage of you.
Common Truck Accident Injuries
Truck and car accidents can result in catastrophic personal injuries, and victims often require extensive medical treatment to make a full recovery. Common truck accident injuries include:
- Traumatic Brain Injury (TBI)
- Spinal Cord Injury
- Internal Bleeding
- Broken Bones
- Soft Tissue Injuries
- Burn Injuries
Common Causes of Truck Accidents in Hyattsville
Truck accidents in Hyattsville can be triggered by a variety of factors. Some of the most common causes include:
Driver Fatigue: Truck drivers often operate their vehicles for extended periods, leading to fatigue that can compromise their ability to drive safely.
Speeding: Drivers who fail to adhere to speed limits can lose control of their trucks, resulting in devastating accidents.
Distracted Driving: Activities such as texting, eating, or using a GPS while driving can divert a driver’s attention from the road, increasing the risk of accidents.
Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s ability to operate their vehicle safely.
Improper Loading: Overloaded or improperly secured cargo can make trucks unstable, increasing the likelihood of an accident.
Lack of Maintenance: Failure to properly maintain a truck can result in mechanical failure, leading to potentially catastrophic accidents.
Defective Parts: Defective or malfunctioning truck parts can cause a driver to lose control of their vehicle, resulting in an accident.
Poor Weather Conditions: Rain, snow, fog, and other adverse weather conditions can compromise visibility and make roads slippery, increasing the risk of accidents.
Lack of Training: Inadequately trained drivers may lack the skills needed to handle complex driving situations, leading to accidents.
Negligent Hiring: Trucking companies that fail to perform adequate background checks or ignore a driver’s poor safety record can be held responsible for accidents caused by their drivers.
What Makes Truck Accidents So Dangerous?
Truck accidents can cause incredibly severe injuries and property damage due to the sheer size and weight of these vehicles. In some cases, they can even be fatal. The large size of trucks makes them difficult to control during an accident, and their heavy loads can cause devastating collisions with smaller cars. Trucks also require a larger stopping distance than other vehicles on the road, making it difficult for drivers to adequately respond to sudden changes in traffic. These factors combine to create a dangerous situation that can leave victims with life-altering injuries.
Take Action After A Truck and Car Accident
If you or someone you know has been injured in a truck accident, it is important to take action as soon as possible.
Here are the steps you should take following a truck accident:
Ensure Safety: First and foremost, check the safety of everyone involved in the accident. If anyone is injured, immediately call for medical help.
Report the Accident: Always report the accident to the police. This provides an official record that could be helpful in any legal proceedings.
Document the Scene: If possible, take photos or videos of the accident scene, including any property damages and physical injuries.
Gather Witness Information: If there were any witnesses to the accident, collect their contact information.
Seek Medical Attention: Even if you don’t feel your injuries are severe, it’s crucial to get a complete medical examination as some major injuries may not be apparent right away.
Consult a Lawyer: Contact a lawyer who specializes in truck accidents to help you navigate the legal process and ensure your rights are protected.
Remember, every step taken post-accident can significantly impact the outcome of your case.
Truck Accident Cases We Handle
Improperly Loaded Cargo Accidents
Delivery Truck Accidents (UPS, Amazon, USPS, etc.)
Substance Abuse Truck Accident Cases
Injured in an Accident? We Can Help.
If you or someone you know has been injured in a truck accident, don’t hesitate to get help from an experienced personal injury attorney. At the law firm of Chaikin, Sherman, Cammarata, & Siegel P.C., our team of attorneys has decades of experience handling personal injury cases and is dedicated to helping victims recover fair compensation for their injuries. Contact us today for a free consultation.
