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A nighttime truck accident in Maryland can present unique challenges you should be aware of. At night, drivers face reduced visibility, driver fatigue, and a greater risk of encountering a drunk driver on the road. Moreover, the consequences are even more severe when you are in a nighttime truck accident. This has less to do with the fact that it is nighttime and more to do with the weight difference between a semi-truck and any other vehicle on the road. To make matters worse, there are unique risks of being in a truck accident, which we discuss below. Some of these risks only present themselves in more rural areas, of which Maryland has many. We will discuss how to avoid these risks, mitigate your chances of further disaster, and, most importantly, preserve your right to make a claim against a negligent truck driver.
Truck drivers operating during nighttime hours often face additional hazards, including fatigue from long shifts and difficulty seeing other vehicles, pedestrians, or obstacles in low-light conditions. Many people fear driving at night and aim only to drive during the day. While this may be extreme in some cases, the belief has some merit. According to the National Safety Council, more accidents occur at night than during the daytime. Thus, it is in the best interest of all motorists to consider the advice on this page to better anticipate the dangers of nighttime truck accidents in Maryland and protect your legal rights if a negligent driver collides with you on the roads.
There are numerous risks present that can cause a nighttime truck accident in Maryland. The interesting part about a nighttime truck accident is that there may be liability against the county or state in addition to the truck driver, who is the proximate cause of the accident. If the county or state shares liability, it would be joint and several liability. This is crucial to understand because it may be an additional source of recovery. In some instances, especially if your accident involves a U-haul and not a wealthy company like Amazon, insurance coverage may become an issue. That is likely the case if your injuries are permanent or even fatal.
Wildlife is always an issue on the road, especially in rural areas of Maryland. Animals like deer are abundant in Maryland. Deers are responsible for many motor vehicle accidents on the road. Of course, stopping for a deer that suddenly jumps into the road is impossible for lighter vehicles that do not weigh over 80,000 pounds as semi-trucks do. However, avoiding a deer or other wildlife can be impossible for a truck driver in some situations. While this is generally not life-threatening for the truck driver, it is for the wildlife and other vehicles on the road when the trucker may be struck by attempting to avoid the animal. Liability in these cases is trickier than it may seem. If a trucker cannot avoid the accident despite taking all reasonable precautions, he may not be found liable for other injuries stemming from the accident.
On the other hand, if the truck driver did have time to stop and failed to do so, then perhaps we can hold him liable. This can affect other drivers on the road, especially if the truck rolls over, as tends to happen when a trucker panics and attempts to swerve around the wildlife.
Road debris is more difficult to avoid at night due to the reduced visibility on the road. Then, if the trucker does notice it at the last moment, he may instinctively attempt to swerve around the debris. This is a recipe for disaster and can cause a major accident on the highway.
Reduced visibility is the root of all problems in a nighttime truck accident in Maryland. This is why we recommend sticking to well-lit roads if possible. The county or state may share some liability if a highway is not adequately lit. However, there are a few issues to be aware of. First, the lack of lighting has to be a proximate cause of the accident. It is more likely that a missing “beware of wildlife” sign is an omission of a legal duty and legal cause of the accident than a lack of lighting. Additionally, some laws make pursuing this type of case more difficult. On the other hand, if the injuries warrant pursuing the case, it is worth consulting with a Maryland truck accident attorney to discuss your options.
Determining fault in a nighttime truck accident in Maryland is typically the same as in any other accident. Here, we will discuss scenarios unique to nighttime that raise questions of liability. The first is if the person you are in an accident with does not have their headlights on in the dead of night. The answer to this question is the same answer for many questions in personal injury law: it depends. If the driver with headlights on acts reasonably under the circumstances and does not violate any legal duty of care, they are not liable. However, if it is a rear-end collision, for example, there will almost always be some fault awarded to the person who rear-ends the vehicle in front. The most you can hope for in this scenario is that the plaintiff is contributorily negligent and thus unable to make a recovery under Maryland law.
Besides, the rules for determining fault are the same at night as during the day. The same common mistakes to avoid are just as deconstructive to your legal case for a nighttime truck accident as for a daytime accident. Wide-turn truck accidents are perhaps more likely to result in an accident in a typical accident. This is because of the reduced visibility that pedestrians, cyclists, skateboarders, and anyone else are subject to at night. Hopefully, that county in Maryland has adequate lighting, but that is not the case across the state.
If you find yourself in a nighttime truck accident in Maryland, get to safety immediately. More likely than not, the street will not be sufficiently lit that you can rely on other drivers to see you in time to avoid colliding with you or your vehicle. Thus, even if you are injured, getting to safety on the side of the road and ensuring your hazards are on is the most important thing you can do to start. Then, seek medical attention if immediately necessary. You can proceed to the following steps if your injuries are less severe. You should next call the police. They should create a police report, especially for truck accident cases with more significant injuries.
But even if they do not come, creating a record of the incident is worth trying. Then, exchange information with the other driver and gather as much evidence as possible. It is always worthwhile to take pictures of the damage to your vehicle, the truck that hit you, signage, and anything else you deem helpful. Many times, clients do not know precisely where their accident occurs. This is especially true for a nighttime truck accident in Maryland. Accordingly, you should take pictures of any street signs or mile markers. At the least, the picture on your phone will create a forensic record and likely a geotag.
After a nighttime truck accident in Maryland, you should speak to an attorney to discuss your options.
Call our office today for a free consultation and case evaluation at (202) 331-7227.
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