Our experienced Maryland truck accident lawyers have handled 18-wheeler accidents for over 70 years. Truck accidents are unique from other accidents on the road. The sheer weight of commercial trucks makes these accidents more dangerous than any other type of accident we handle. A fully loaded truck can weigh up to 80,000 pounds. This makes stopping more difficult, accelerating to avoid a hazard slower, and maneuvering between lanes more challenging. Regardless of the vehicle, driving is dangerous for all drivers and should always be approached as a matter of life and death. To make matters worse, truck drivers are often on the road for hours per day, and fatigue inevitably sets in, regardless of one’s proficiency behind the wheel. This is a problem, as driver fatigue accounts for 13% of truck accidents, according to the FMCSA.
Brake issues contribute to approximately 29% of truck accidents, making them more than twice as prevalent as other mechanical problems. With a year’s sample size for Maryland accidents, only 1% of fatal accidents on the road are from those in large trucks. Meanwhile, those in smaller motor vehicles or on foot almost always fare significantly worse. While truck drivers are professionals, certain unavoidable factors work against them, making matters worse for you. We have seen all kinds of truck accidents in Maryland, and they can often be fatal. No two truck accidents are identical. Below are key pointers and the answers to common questions to help if you are in a Maryland truck crash.
The legal team at Gelb & Gelb stands ready to help you at any stage of your legal process. Contact our office today for a free case evaluation at (202) 331-7227.
Clients are often enthusiastic about the idea of suing a large company like Amazon or FedEx, believing such companies carry more insurance coverage. This is actually true. And even if the insurance policy maxes out, the company still has sufficient assets to satisfy nearly any judgment. However, just because these are choice defendants does not mean you will recover an enormous sum. You can only recover, either via settlement or judgment, what your case is worth. While it is true that a jury may award a higher verdict simply because the defendant is Amazon, they are not supposed to consider that as a factor. If the case is handled strictly by the law, and your claim is valued at $15,000, that is the amount you should expect to recover.
That said, our team of attorneys will aggressively pursue the maximum possible compensation, ethically and strategically emphasizing the strongest aspects of your case. In some ways, recovering from a commercial vehicle accident works the same as any other motor vehicle accident. As the plaintiff (victim in the truck accident), we will likely sue both the driver and the company for which the driver works.
Just because the driver is in a truck marked for Amazon, FedEx, Giant Grocery, or another large company, does not mean the driver is on the clock when the accident occurs. In 2025, unique laws govern who is an independent contractor, who is simply off the clock and commuting home, and who is actually under the dominion and control of their employer. As long as the trucker is driving within the scope of his employment, there is a chance the trucking company is also liable. We can prove their liability under the doctrine of respondeat superior to establish vicarious liability and maximize your sources of recovery.
Special damages are also known as economic damages. We pursue this form of damages in every personal injury case we handle. In fact, without specials, your case may not be worth pursuing. Specials are costs that a victim incurs due to the tortfeasor’s negligence. Medical expenses and lost wages are the two most common examples of special damages. This may also include property damage, although that is typically through a separate claim and a different category of the insurance policy.
Special damages are distinguishable from general damages for a few reasons. First, they are quantifiable. A medical expense, for example, is a specific amount. Of course, there often is a debate between plaintiffs and defendants on this amount. For example, an insurer defending the adverse party may argue that the medical treatment you receive is excessive. However, the law is clear that a plaintiff should be able to recover this precise amount upon meeting a few thresholds. Your Maryland truck wreck lawyer will explain how these thresholds apply to you as necessary. In short, to include medical expenses in your claim, you must demonstrate:
General damages are also known as pain and suffering damages. These are imprecise damages, unlike a medical provider’s bill. Instead, we must consider several intangible factors that dictate the value of your pain and suffering claim. We aggressively negotiate this number to obtain maximum compensation. As a simple example, if you tear your shoulder, you will get thousands of dollars more in pain and suffering than if you have just back spasms. While weeks or months of back spasms may entitle you to compensation, the amount is relative and depends on the level of pain you experience.
While the pain you undergo is compensable damage, you also may recover for loss of enjoyment of life in some cases. A truck accident can lead to life-altering injuries. Accordingly, if you are no longer able to play your favorite sport or participate in your favorite hobby due to your injury from the accident, you absolutely may recover due to this loss of enjoyment of life. If we go to trial, we hire a doctor as an expert to testify that, to a reasonable degree of medical certainty, you can no longer perform this function. Of course, we must also prove that you participated in this hobby before the accident and how losing the activity will affect you. For settlement purposes, a doctor’s note is typically sufficient.
Besides seeking medical treatment as necessary, speaking with a truck accident attorney in Maryland is always the first step in your claims process. At Gelb & Gelb, we can help you start on your path to compensation and even connect you with trusted doctors in your area. This is an essential step for several reasons. First, we will help you evaluate the merit of your claim free of charge. As we do not charge for consultations, this can be a valuable tool if you are unsure whether your claim has merit. Furthermore, an insurance company seldom makes a sizable settlement offer to a truck accident victim without the assistance of a Maryland trial lawyer to at least leverage the prospect of litigation.
When you do not have a lawyer, you have no leverage in negotiating with the insurance company. Since you cannot file a lawsuit, they do not have reason to offer a reasonable offer on your claim. Of course, they may offer you a settlement that is significantly less than the actual value of your claim, in the hope that you will accept it and the matter will be resolved prior to hiring an attorney. This would be a significant win for the insurance company and defendant, and a loss for you.
This is a critical juncture in the claims process simply because it allows the legal aspect of your case to proceed. Before the completion of your medical treatment, your case is on hold. Your lawyer can begin settlement negotiations once we know your special damages. Otherwise, it would be a premature settlement. You are entitled to recover precisely the amount of your medical expenses so long as it is reasonable. So, settling your case before knowing your final bills from your medical providers may, in turn, leave money on the table for you.
Vicarious liability is a legal concept that creates liability for an employer due to its employee’s negligence. For a trucking company like Amazon to be liable, the employee must be driving the truck as part of the course and scope of his employment. This is excellent news for plaintiffs. Large employers likely have more cash or insurance to pay for your medical treatment, lost wages, and general damages. However, it is not always that simple. A rule under this doctrine hinges on whether the employee was on a “frolic” or a “detour”.
If the employee was on a mere detour, vicarious liability still applies. An example of a detour is when the truck driver deviates insignificantly from their path to get a cup of coffee, then returns to their path and continues down the highway. Meanwhile, a frolic is when the truck driver drives 25 miles off the path to get something from his favorite store, and then hits your car. This is not within the scope of his employment as a truck driver, and his employer would not be vicariously liable for your injuries. Although some carveouts may exist, allowing us to impose liability still. Contact us today for questions on vicarious liability.
The general rule in personal injury law is that a defendant owes the standard of duty of care of a reasonably prudent person in a similar situation to all foreseeable plaintiffs. In certain circumstances, such as for children, a different standard of care applies. However, driving is an adult activity under the law. And we are all equal on the road unless you have a siren. While vague, the duty owed to other drivers is to behave with ordinary care. However, the duty of a trucking company is slightly different.
The duty of a trucking company isn’t just to act with ordinary care. It includes:
A truck accident claim is distinct from the typical car accident claim for several reasons. Many of these reasons are found in how insurance companies handle truck accident claims. This is an aspect of the case process that we will be happy to explain to you in detail. First, insurance companies handling truck accident claims are working with larger coverage. This is important because the stakes are higher in their negotiations. Thus, they may allocate more resources to their defense because they have more to lose if unsuccessful. This makes hiring a good attorney more critical than ever. With professional and effective assistance, you give yourself the best chance of winning your case.
Additionally, there may be multiple liable parties in a truck accident case. Due to the truck’s size, it may hit multiple vehicles. Third, insurance companies are quick to offer a lowball settlement offer. They prefer to settle your case before a Maryland truck accident law firm gets involved. They often do this immediately after the accident. This typically occurs before you complete your medical treatment. Thus, it is impossible to know what your case is worth at that stage. Accordingly, advise anyone never to accept the first settlement offer without speaking with a truck accident lawyer about your case.
Whether we settle or litigate your case depends on how much the settlement offer is from the defendant’s insurer. Generally, we always look to settle your case before filing a lawsuit on your behalf. There are two compelling reasons for this. First, settling is quicker. After we file a lawsuit, awaiting your court date can be slow. Then, even when we arrive at the scheduled court date, we may discover that it needs to be rescheduled for months after the original date. This can be a grueling process, and it is unfair to you to take more time out of your busy schedule. The second reason to settle is that it is less expensive.
Going to trial increases the legal fee from 33% to 40%. There are also discovery costs, including depositions, court reports, and expert witness fees. Every truck accident case is unique. Our legal team will evaluate your case beyond the story the property damage tells. This can include the persuasiveness of the evidence, the amount of evidence that can be collected, whether it can meet our burden of proof as the plaintiff, as well as the credibility of any testimony. Is the defendant a local corporation beloved by the county? That may work against us if we go to trial. Conversely, a loathsome corporation may work in our favor with a local jury. If the insurance company offers a reasonable settlement that covers all medical expenses, lost wages, and pain and suffering, settling may be the best course of action. Below, we list the advantages of settling a truck collision case.
Federal and Maryland state regulations interact in a way governed by the United States Constitution. Article I, Section 8, Clause 3 of the Constitution is the Commerce Clause. This grants the federal government the authority to regulate commerce with foreign nations, among the states, and with Indian tribes. As this power is enumerated in the Constitution, in conjunction with the Supremacy Clause, the federal government has the ultimate say on nearly all roads across the country. The Supremacy Clause is the principle that federal law takes precedence over any conflicting state law. Thus, it is most important to consider federal law when discussing federal and state trucking regulations in Maryland. Gelb & Gelb can apply these regulations to your case to maximize your recovery. Under the Code of Federal Regulations 49 C.F.R. § 395, you find the hours of service for truck drivers.
This is critically important because it can be a basis of negligence against a truck driver who causes you harm. But the rules are not as simple as you might imagine. The standard rule is that a truck driver may not drive for more than eight hours without at least a 30-minute break. Moreover, a driver may drive only 11 hours of a 14-hour shift. However, these shift limits may vary depending on the road conditions. This is why your attorney may ask you about the weather during your initial consultation. If there is any weak link in the defendant’s case that we can find to win your case, we will work to uncover it.
Gelb & Gelb, P.C. has been a pillar in Maryland’s personal injury law for the past 71 years. With our experience in practicing personal injury law and handling truck accident cases, we can help you resolve your claim quickly. We will aggressively pursue your claim on your behalf, whether we do so in or outside of court.
Experience proves beneficial in nearly every industry. For handling truck accident cases, experience provides us with the knowledge of how to best serve you in your case. We understand the difficulties you are going through in a truck accident case. Due to the sheer weight and size difference between an 18-wheeler and nearly any other car, your injuries can be debilitating. This makes every aspect of your life more difficult. We have handled cases involving paralysis, broken bones, major surgeries, and deaths. When you work with us, you can have peace of mind knowing you are in the hands of experienced professionals.
A Maryland attorney with experience in semi-truck cases is familiar with the law, as well as state and federal trucking regulations. In addition to understanding the law, courtroom experience can substantially increase your ultimate recovery.
Drawing on our decades of experience, we work to resolve claims speedily and effectively. However, efficiency doesn’t mean rushing the process. In our experience, insurance companies often avoid communication and are reluctant to provide fair compensation. When they do make early settlement offers, especially to truck accident victims without legal representation, those offers are typically well below the true value of the claim. They may do this either as a negotiation ploy or, if you do not have an attorney, because they think you do not know better. However, it is almost always the case that you can get more with legal help. A good truck lawyer can negotiate with the insurance company to secure a higher offer.
Aggressive pursuit in a case is necessary to recover maximum compensation for your injuries. To be clear, aggressive pursuit does not mean disrespect or over-pursuit. Instead, it means aggressive pursuit against the insurance company representing the tortfeasor. As referenced above, insurance companies are in business to pay as little as possible for their clients’ negligence. If there is any loophole in their contract that allows them to evade liability, they will use it to pay you nothing. Further, despite settlement being in the best interest of all parties over going to trial for many reasons, the insurance companies nonetheless like to evade calls for as long as possible. Anything they can do to avoid making a payment, they will do. This requires aggressive advocacy to hold the culpable party responsible.
Like in all cases, the first step is to assess and treat your injuries. A truck accident can lead to severe and life-threatening injuries. It is always prudent to seek medical treatment if you are injured. Unfortunately, some injuries, such as soreness in the neck and back, may not develop until the day after the accident. Once treated for your injuries requiring immediate attention, contact a Maryland truck collision lawyer to ensure just compensation. Additionally, if your spouse, parent, or child is in a truck accident that results in a wrongful death, you may have a claim under a survival action. Gelb & Gelb can join these claims to maximize the payout for all parties, provided there is no conflict of interest.
In a personal injury context, what you do not do can hurt your case as much as what you actually do. Moreover, failure to take certain action can destroy your case. For both of these reasons, it is best to contact a truck law firm immediately. Our attorneys can guide you through the process, all the while avoiding the most common pitfalls we have seen time and time again before clients contact our office. Below, we highlight a few of the most common mistakes you should avoid.
Handling your claim yourself is the biggest mistake in a Maryland truck accident, as it often leads to other errors. When you handle an insurance claim on your own, you lack legal guidance from a professional. Not only are you failing to take the proper steps to protect your claim and maximize your compensation, but you may be actively making mistakes that reduce your case’s value. Without an attorney, you may unintentionally miss critical steps, accept less than your case is worth, or make statements that can later be used against you. Our team understands how insurers operate and how to hold them accountable under the law. With experienced representation, you can avoid costly errors and protect the full value of your claim.
The insurance companies know how to evaluate the value of a claim better than any layperson. But they are also experts at not paying what they should, better than any unrepresented layperson. They will avoid paying through any means available. Given that we have as much experience as they do and a better understanding of procedure and tort law, we can hold them accountable under their insurance contract. If the adverse insurer learns you made any mistakes after your accident, they will recognize it and leverage it against you. Unfortunately, when claimants contact an attorney after these mistakes are made, it is often too late.
After over 70 years of personal injury representation in Maryland, we know how rare it is for the first settlement offer to represent your case’s actual value. So why do insurance companies make that offer? Insurers know you are unlikely to file suit against their insured without an attorney. Thus, there is no threat that they would have to pay more. They also know that if you file a lawsuit without a lawyer, there is a reasonable probability that a layperson will make a mistake on the complaint and the case will be dismissed. Moreover, there is a chance that you will accept the first offer. Or, you may negotiate the offer slightly, consider it a good deal, and accept it. However, that rarely covers the full extent of your damages.
Generally, the only time to accept the first offer is when your damages far outweigh the insurance coverage available, and the adverse insurer knows better than to waste your time and makes a full-limits offer. This does happen fairly often. In Maryland, the minimum limits are $30,000 per injury and $60,000 per occurrence. If your case clearly exceeds the limits, you may be able to make an underinsured claim on your own policy. Or, our office can conduct an asset check to determine if the defendant individual or corporation can afford a judgment in excess of the limits.
It can be natural to admit fault or apologize when you see someone injured. However, doing so can be a disaster. You may believe that saying something at the accident scene is hearsay, and it generally is. Hearsay is an out-of-court statement offered at trial for the truth of the asserted matter. Your admitting fault does fall under this definition. However, there are 23 exceptions to hearsay. One such rule states that the statement offered against an opposing party, in this case, your statement offered by the defense against you, is admissible hearsay evidence.
Accordingly, please understand that your apology can be used against you, even enough to destroy your case. This can be enough for an insurance company to refuse a settlement offer, leaving us no choice but to file a lawsuit. Your statement is admissible at trial and may affect how a jury interprets your case. Especially for those fringe cases that could go either way, this can be enough to lose your case outright.
For minor accidents, your case is only worth as much as you treat. Medical expenses are a critical component of damages. Not only are medical bills the basis of your pain and suffering damages, a subjective metric of what your case is worth, but they also make up the majority of your special damages in most instances. Thus, the value of your case is directly proportional to how much treatment you receive. Furthermore, beyond increasing the value of your case, going to a medical provider creates a record. Your medical records are instrumental in meeting your burden of proof as the plaintiff. So long as your doctor relates your injuries to the truck accident, we can use them as evidence.
This is not to say that you should treat for longer than necessary. Instead, you should adhere to your doctor’s recovery protocol. However, failing to follow your doctor’s instructions may result in ongoing harm, in addition to a lesser valued case. Too often, we have clients who miss doctor appointments because they are back on the road and working. While this is understandable, the problem is that your condition after the accident may not improve. Further, we cannot prove that you are hurt if you do not go to the doctor and allow the doctors to create that medical record.
Some evidence evaporates, so to speak, if you do not collect it at the accident scene. We need evidence to prove elements of your case at trial. Thus, failing to gather evidence at the scene can destroy your case. First, if you do not get information on the other driver, we have no one to sue. If you do not even attempt to exchange information, your insurance company may refuse to allow you to make an uninsured motorist claim. This is because, depending on your insurer, your insurance contract may require you to make a good-faith effort. A failure to do so may void your contract, leaving you without any coverage.
Additionally, we require evidence to prove each of the four elements of negligence. Without physical evidence, such as photographs, we are left with only your testimony. While your testimony may be important, a pure ‘he said, she said’ situation often is not enough to win. We must present evidence that tips the scales beyond a neutral 50/50 to meet the burden of proof. In general, we prefer independent eyewitness testimony, dash camera footage, and photos taken after the accident. Any of these pieces of evidence can tip the scales and help you win. However, if you do not obtain this information at the scene, we may have fewer options available to us.
At Gelb & Gelb, P.C., we have experience fighting for the rights of those injured by a truck driver’s negligence. Decades of experience have afforded us familiarity with the truck companies and their insurance companies. A Maryland personal injury lawyer for truck accidents may be able to resolve your claim speedily and outside of court by settlement. If they are unwilling to offer a settlement proportionate to your injuries, we will aggressively pursue them in a Maryland court of law. Call us today for a free consultation.
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