Our Annapolis truck accident lawyers have been practicing law in Maryland for nearly 70 years. Founded in Washington, D.C., in 1954, we have been practicing in Maryland from a distance despite most of our attorneys hailing from Maryland. But in 2020, we opened a second office in Maryland to serve the community better. Since our beginning, we have handled thousands of truck accident cases in Maryland and look forward to serving you.
If you are in a truck accident in Annapolis, protect your rights. While it may seem like you can handle a case alone, accident victims tend to find it more difficult than they thought. When you are in a truck accident, your focus should be on your recovery. A truck accident, especially one with an 18-wheeler, can be catastrophic. Your injuries may be life-threatening. Please give yourself peace of mind knowing a professional Annapolis truck accident lawyer is handling your case to ensure you get the most compensation for your injuries.
In legal theory, pursuing a truck accident is similar to following other motor vehicle accidents. Often, a plaintiff seeks a negligence claim. While we may be able to settle your case before getting to trial, it is imperative to have a strong case that would hold up in court if it got to that point. Moreover, you should only settle your case if the defendant offers fair and total compensation for your injuries. While we have considerable skill and experience in dealing with insurance companies and negotiations, it only sometimes comes to fruition.
To establish a prima facie case for negligence, the plaintiff, or truck accident victim, must prove four elements. First, a plaintiff must prove the existence of a duty to conform to a specific standard of conduct to protect the plaintiff. Second, for a valid negligence claim, we must prove that the defendant breached that duty of care owed to you, the plaintiff. Third, and arguably the most complex element, is causation. We must prove the defendant both actually and proximately caused your injuries. Actual and proximate causation are terms of art and have legal significance. Fourth, and most pertinent to your truck accident claim, is damages. To obtain compensation, you must prove that you suffered harm.
For every dollar we seek to recover in a truck accident case in Annapolis, we must prove in court or settlement that you suffered the requisite degree of harm to warrant payment. This fourth element of negligence, the damages, can be substantially more significant in a truck accident than in a regular car accident. The reason for this is the weight of the truck. The damages are devastating when a 75,000-pound, 25 times heavier than a 3,000-pound car truck, is loaded.
First and most simply, the defendant owes a truck accident victim for the value of the property damage. You can measure this by the reasonable cost of repair. Or, if your motor vehicle is destroyed, the fair market value of your car at the time of the accident. Unfortunately, Maryland courts do not permit recovery for emotional distress associated with the damages to a vehicle you are emotionally attached to. However, if you would like to make an emotional distress claim for your injuries, this is calculated in your total recovery. In general, you cannot recover attorneys’ fees and interest from the date of your truck accident.
Regarding attorneys’ fees, this is simply something the United States adopted in their common law. This is the “American Rule.” It can be distinguished from the English rule, which does award attorneys’ fees to successful plaintiffs.
Truck accident cases can be complex. Simplify the process so you can focus on your recovery. In our nearly 70 years of experience, we have seen all kinds of truck cases. We do everything under the law to ensure we protect your rights. Contact one of our Annapolis truck accident lawyers for a free consultation.