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A rear-end truck accident in Maryland can cause devastation for anyone in the collision. Particularly when an 18-wheeler strikes you, the consequences may be life-threatening. Maryland is home to some of the most traveled highways in the country. Many of these highways, like I-95, I-495, and others, all observe truckers driving for hours. When this happens, driver fatigue ensues. Driver fatigue is among the most common reasons for accidents. As we will observe, a rear-end collision can crush a vehicle, causing long-lasting injuries. Even if you are in a more urban environment in Maryland, such as Baltimore or Bethesda, rear-end accidents happen regularly. It is crucial to understand the causes so you can anticipate and avoid these accidents in the future.
Not only are there signs you should look for coming from the truck, but there are environmental factors to consider. Not only can these increase the likelihood of an accident, but they can affect legal responsibilities and liability. Perhaps the sole good news of a rear-end truck accident in Maryland is there should be insurance coverage. However, the truck driver may have done certain things to void coverage. The driver may void coverage by being under the influence, violating regulatory requirements, and more. If you are concerned that there is no coverage, you must speak to a truck accident attorney to discuss your options.
There are countless causes of rear-end truck accidents in Maryland. Here, we focus on the most prevalent causes so you can understand and know what to anticipate.
As a driver, a traffic flow interruption is as dangerous as it is frustrating. We have all been driving on the highway when suddenly traffic comes to a complete stop for seemingly no reason and then resumes normal speed. Of course, this is frustrating because it appears there is a phantom reason for stopping. In reality, something likely required traffic to stop, but it has long since passed, and traffic has not yet adjusted. The dangerous part of a traffic flow interruption is how sudden it is. You may be traveling 65 miles per hour as the speed limit when you must suddenly slam on your brakes. The most challenging part of this scenario is not for a lighter car that can come to a complete stop impressively quickly.
The danger is when an 18-wheeler must come to a complete stop after going 65 miles per hour seconds earlier. In many cases, it is impossible. This is when a rear-end truck accident in Maryland occurs. As a motorist, you must be wary of driving too closely in front of a truck. Of course, it is ultimately up to the truck not to tailgate you. And if they do rear-end you, it is their fault in almost all scenarios. Nonetheless, we are concerned about your health and safety as much as we are about the legal implications of an accident.
Whether you are driving on snow, ice, or even rain, weather conditions can be the culprit of rear-end truck accidents in Maryland. Of course, even if adverse weather conditions are a cause of the accident, they are not the proximate cause. Many things are a cause of a truck accident. However, to be the legal cause, it must be reasonably foreseeable that a breach of duty would cause injuries. It is not reasonably foreseeable that adverse weather conditions would cause your accident. Perhaps even more importantly, they would leave no one to sue even if the weather conditions were the proximate cause. Instead, a driver owes a duty of ordinary care. Moreover, a professional truck driver owes a duty of care typical of someone in his profession who is in good standing.
The average, competent truck driver in Maryland knows to leave a bigger gap between his truck and the vehicle in front of him. It is reasonably foreseeable that a failure to do so would result in an accident in adverse weather conditions. Moreover, a truck requires more time to stop than a lighter vehicle. This is why many truckers leave such a wide gap between them and the car in front of them. You may find it frustrating that they move so slowly and let so many other vehicles in. However, in stop-and-go traffic, that is the safer option.
There are at least two categories of legal responsibilities to consider in a rear-end truck accident in Maryland. First, commercial trucking laws may dictate liability in your case. A trucker may be per se negligent if they violate a regulation, and that regulation is the proximate or legal cause of your accident. Truck drivers and trucking companies are subject to federal and state regulations governing service hours, vehicle maintenance, and load securing. We also must consider whether the trucking company’s insurance will apply if there is a breach of a federal or Maryland state regulation. Another important consideration is whether the trucker is working within the course and scope of his employment or is on what is known as a “frolic.” This will also dictate whether the trucking company is liable for the trucker’s negligence or only the trucker is liable.
The second category is whether the defendant is liable for any negligent conduct. Conduct is negligent if the defendant owes you a duty, he breaches that duty, and the breach is the legal cause of your damages. Applying this rule to rear-end truck accidents in Maryland, a trucker breaches his duty if he fails to control his truck in an ordinary manner, leading to a rear-end collision, and that collision is the legal cause of your injuries. In most rear-end collisions, the person who strikes you is liable. However, an example of when they are not is if the person who hit you was knocked into you by a car that hit them.
Common injuries from a rear-end truck accident in Maryland can range anywhere from soft tissue injuries to broken bones to fatal brain injuries. As Maryland truck accident lawyers, we have seen all types of accidents and injuries. The sole silver lining of such a devastating injury in the trucking context is we can likely find sufficient insurance coverage for your damages. This is unlike the typical serious car accident, where we often max out the insurance coverage available on the adverse driver’s insurance policy. Of course, the size and weight of the truck, not to mention the type of vehicle you are operating, will also determine the extent of your injuries.
The most common injury in a rear-end truck accident is whiplash. Whiplash is when your head is suddenly jerked backward and then forward. This strains the neck muscles and your lower back. That same movement is exaggerated and even more harmful the harder your car is hit by the truck behind you. In those high-impact accidents, you can suffer severe brain damage. Our attorneys have observed cases with extensive brain injury, and we are experienced at getting claimants the compensation they deserve.
If you are in a rear-end truck accident in Maryland, contact our office today for a free case evaluation and consultation.
Call us at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.