Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.
Our experienced Maryland truck accident lawyers have been handling such accidents for nearly 70 years. The obvious factor that differentiates a truck accident from any other type of motor vehicle accident is the immense weight of the truck. This makes stopping more difficult, accelerating more difficult, and maneuvering between lanes more difficult. However, driving is dangerous for all drivers, and it can be a matter of life and death. Truck drivers are often on the road for hours per day, and fatigue will set in no matter how proficient one may feel.
Due to this enhanced risk, it is especially important to drive carefully when around a truck. In Maryland in 2021, only 1% of fatal accidents on the road were from inside of a truck. Meanwhile, those in smaller motor vehicles or on foot fared far worse. While they are professionals, there are certain unavoidable factors which work against them and enhance your risk on the road. We have seen all kinds of truck accidents in Maryland, and they can often be fatal. While no truck accident is the same, below highlights some valuable topics to understand if you are unfortunate to be involved in a truck accident.
Our Maryland truck accident lawyers sometimes are asked whether they can recover at all against a trucker because he works for a company such as Amazon or FedEx. In some ways, recovering in a truck accident works the exact same as any other motor vehicle accident. As a plaintiff (victim in the truck accident), we are likely to sue both the driver and the company the driver works for so long as he was driving within the scope of his employment. This is a phrase of art and has legal significance under the doctrine of respondeat superior, or vicarious liability. Additionally, you would be able to recover against the driver for his negligence in injuring you as well.
This legal tool can can provide liability to an employer for its employee’s negligence. To apply, the employee must be acting within the course and scope of his employment. If he is, the employer may be liable. This is great news for plaintiffs. Large employers likely have substantially more cash or insurance to pay for your medical treatment, lost wages, and pain and suffering. However, it is not necessarily that simple. There is a rule under this doctrine hinging 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 if the truck driver deviates insubstantially from his path to get a cup of coffee, then returns to his path and continues down the highway. Meanwhile, a frolic is if the truck driver drives 25 miles off the path to get something from his favorite store when he hits your car. This is not within the course and scope of his employment as a truck driver and his employer would not be vicariously liable for your injuries. Contact a Maryland truck accident lawyer for questions on vicarious liability.
The general rule in personal injury law is that a defendant owes a standard of duty of care of a reasonably prudent person in a like situation to all foreseeable plaintiffs. In some circumstances, such as for children, there is a different standard of care. However, driving is an adult activity under the law. And we are all equal on the road. So, the duty of care owed to other drivers is, while perhaps vague, to behave with ordinary care.
Like in all cases, the first step is to assess and treat your injuries. A truck accident can lead to serious 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 you been treated for your injuries requiring immediate attention, contact a Maryland truck accident lawyer to ensure just compensation. Additionally, if your spouse, parent, or child is in a truck accident which results in a wrongful death, you may have a claim under a separate action.
At Gelb & Gelb, P.C., our Maryland truck accident lawyers have experience fighting for the rights of those injured by a truck driver’s negligence. Decades of experience has afforded us familiarity with the truck companies and their insurance companies. We may be able to resolve your claim speedily and outside of court by settlement. If they are not willing to offer a settlement proportionate to your injuries, we will aggressively pursue them in a Maryland court. Call us today.
Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.