College Park Truck Accident Lawyer

College Park is home to the University of Maryland. A premiere academic institution featuring some of the brightest students in the nation. It is also home to lifelong residents of College Park and Prince George’s County. Our College Park truck accident lawyers have been practicing tort law in D.C. and Maryland for nearly 70 years. If you, student or local resident, are in a truck accident due to a negligent driver, call us today for a free consultation.

Unfortunately, truck accidents can be among the most devastating negligence cases we handle due to the sheer size of some of the trucks. To be clear, a truck accident generally involves an 18-wheeler. Although if it a pickup truck, it is controlled by the same law. If you are hit by an 18-wheeler or some other truck, you most likely will make a claim for negligence. This follows the same logic as any other motor vehicle accident. Of course, it may not be an accident. If the collision is due to intentional conduct, you can still make a civil claim in addition to the criminal liability the driver will face. Our College Park truck accident lawyers have handled thousands of cases. Below is a breakdown of what goes into a negligence claim versus a claim for intentional conduct.

Negligence in a Truck Accident

Before proceeding with the law of a truck accident negligence case, you must determine who you will sue. If you can meet the elements of negligence against the driver, then of course you may sue the driver. But you may also have a case against the trucking company. Most likely, the trucking company, whether it is Amazon or UPS, will have deeper pockets and larger insurance policies than the driver. This is important because the driver’s policy may or may not be able to cover your injuries. The doctrine of respondeat superior will determine whether you can hold the truck company vicariously liable for the driver’s negligence. For any questions relating to respondeat superior or insurance questions, contact our College Park truck accident lawyers. We are happy to answer any questions.

Elements of a Claim

In general, there are four elements to be met in a negligence claim. Those elements are duty, breach, causation, and damages. Each element must be proven by a preponderance of the evidence to succeed on your cause of action. Of course, this assumes that our College Park truck accident lawyers cannot settle your case before trial. The most pertinent element to discuss relating to truck accidents is the element of duty. The general rule is that, when a person engages in an activity, he or she is under a legal duty to act as a reasonably prudent person under like circumstances. While the phrase “reasonably prudent person” seems vague, that is because it is. However, the case law as well as a jury can determine what reasonableness is under the circumstances of your case.

In a truck, it may be more difficult to operate your motor vehicle than in a smaller car. And the truck driver only has a duty to avoid foreseeable risks. If the risk is not foreseeable, the truck driver is not under a duty to avoid it because a reasonable person would not know to avoid it if they are unaware of it. Accordingly, a duty of care is owed only to foreseeable plaintiffs. Without discussing the famous tort cases associated with this rule, just know the “zone of danger” rule. If someone is not within the zone of danger of the defendant who is acting negligent, he or she cannot recover. For any questions relating to the facts of your case, call a College Park truck accident lawyer to discuss.

Intentional Conduct

This is rare in a truck accident case, but it does happen. For intentional conduct in a truck accident, you generally will make a claim for civil assault or battery. The rules for these two causes of action can be technical, so just know that to be successful on either of these, the defendant must act intentionally when causing you harm. If you believe you have a claim for assault or battery relating to a truck accident, consult with a College Park truck accident lawyer.

Discuss with a College Park Truck Accident Lawyer

Truck accident claims can be complex. This is especially true if you are suing multiple parties for the same cause of action. Do not go through this process alone. Call our College Park truck accident lawyers so you can focus on your recovery.