College Park is home to the University of Maryland. A premiere academic institution featuring some of the brightest students in the nation. It is also home to lifelong College Park and Prince George’s County residents. Our College Park truck accident lawyers have practiced tort law in D.C. and Maryland for nearly 70 years. If you, a student or resident, are in a truck accident due to a negligent driver, call us today for a free consultation.
Unfortunately, truck accidents can be among the most devastating negligence cases we handle due to the sheer size of some trucks. To be clear, a truck accident generally involves an 18-wheeler. However, if it is a pickup truck, it is controlled by the same law. If you are hit by an 18-wheeler or some other truck, you will most likely make a negligence claim. This follows the same logic as any other motor vehicle accident. Of course, it may not be an accident. If the collision is due to intentional conduct, you can still make a civil claim in addition to the criminal liability the driver will face. Our College Park truck accident lawyers have handled thousands of cases. Below is a breakdown of what goes into a negligence claim versus a claim for intentional conduct.
While distilling everything a personal injury lawyer does on one page is challenging, the shorter answer is that a personal injury lawyer holds the tortfeasor responsible for your injuries while securing your compensation and providing you peace of mind.
While you may be confident in your negotiating ability, a few significant distinctions make it more difficult for a layperson to negotiate a fair settlement successfully. The first difference is a layperson’s need to understand tort law and civil procedure. There are quirks in the law and defenses that may be available that Google may not be able to detect in your fact pattern. Further, when you negotiate with the insurance company, you will communicate with adjusters or lawyers on the other side who know how to deal. They may, and frequently do, misstate the law to sound more favorable for their side than it is. So, what can you do? This leads to the second point.
A layperson has no leverage. The reason settlement works between a lawyer and an insurance company is the threat of suit. Going to trial is not ideal for either side because it costs time, money, and people to go to trial. So, both sides are generally willing to work to resolve the matter amicably. However, there is zero incentive for an insurance company to make a fair settlement offer to a party it knows will not file suit. Of course, once you hire legal counsel, the insurer will likely change its position in negotiating.
Insurance companies, while generally professional, do not want to pay you for your injuries. This is true regardless of whether they are legally obligated via an insurance contract with the tortfeasor in your case. Thus, they are only sometimes going to communicate effectively. If you call them, there is no excellent chance they will answer. After 70 years of experience, we know this first hand. By hiring a College Park truck accident attorney, we ensure you do not have to deal with this aspect of your claim. Instead, your focus should be on medically recovering from your accident and working with your doctors. We will handle your financial recovery.
While taking your case to trial without an attorney may be feasible, your odds of success drastically improve with one. While we cannot promise your case’s outcome, we focus on building the most robust case possible for you. Given our vast experience at trial handling truck accident cases throughout Maryland, we know what it takes to make a strong case. Some cases require expert witnesses to prove the damages portion of your case. For example, if you lose the ability to walk and will never recover, we have to prove that. To do so, we’d like to prepare a line of questioning for an expert witness that relates to the facts of your case and your symptoms, injuries, and medical records.
There are plenty of semi-truck lawyers in Maryland and Washington, D.C. So, what differentiates us from the other firms in the area? While the answer to this question could be extensive, here we will highlight the key features that set us apart.
Founded in 1954 by Joseph Gelb, Gelb & Gelb has held itself to the highest standard for a century. As one of Maryland’s oldest standing personal injury law firms, we have seen the law evolve into what it is today. We understand each quirk in Maryland law and how it interacts with the law in Washington, D.C., and Virginia.
When you are in a truck accident in College Park, you want to resolve your claim as quickly as possible. You may have medical expenses that are stacking up. Or, you have other bills to pay that you are unable to pay because you are unable to work because of your injuries. Whatever the case, quickly resolving the matter will benefit you greatly.
While we will not rush through your claim, we will hound the insurance company into coming to the table and initiating preliminary negotiations. We want you to know that this is a part of our desired effort to get you the compensation we already know you deserve. It is not a matter of whether you have a valid compensation claim but of how much. Of course, this assumes liability is clear, and we can determine who will pay your claim. Nonetheless, this can be a lengthy process. It is our goal to ensure we handle it efficiently and effectively.
In a semi-truck accident, you must determine who is liable for your injuries. This requires proving that this party is at fault by a preponderance of the evidence. By holding a truck driver responsible, we send a message to the trucking company that other drivers will not tolerate negligence from their drivers in the future. This creates safer roads for all drivers on the road and their passengers.
A second reason why it is valuable to pursue your case aggressively is so that your voice is heard. As truck accident attorneys in College Park with 70 years of experience, we know how to craft a strong argument masterfully on behalf of our clients. As a layperson, you likely need to familiarize yourself with the rules of a courtroom. By hiring Gelb & Gelb, you can rest assured that your voice will be heard as we aggressively pursue your claim in court.
Before proceeding with the law of a truck accident negligence case, you must determine who you will sue. If you can meet the elements of negligence against the driver, you may sue the driver. But you may also have a case against the trucking company. Whether it is Amazon or UPS, the trucking company will most likely have deeper pockets and more extensive insurance policies than the driver. This is important because the driver’s policy may or may not be able to cover your injuries. The doctrine of respondeat superior will determine whether you can hold the truck company vicariously liable for the driver’s negligence. Contact our College Park truck accident lawyers for any questions relating to respondeat superior or insurance questions. We are happy to answer any questions.
In general, four elements must be met in a negligence claim. Those elements are duty, breach, causation, and damages. Each component must be proven by a preponderance of the evidence to succeed in your cause of action. Of course, this assumes that our College Park truck accident lawyers can only settle your case after trial. I think the most important element to discuss relating to truck accidents is the element of duty. The general rule is that when a person engages in an activity, they are legally obliged to act reasonably prudent under like circumstances. While the phrase “reasonably prudent person” seems vague, that is because it is. However, the case law and a jury can determine what reasonableness is under the circumstances of your case.
Operating your motor vehicle in a truck may be more complex than using a smaller car. The truck driver must only avoid foreseeable risks. If the risk is not foreseeable, the truck driver is not obliged to prevent it because a reasonable person would not know to avoid it if they are unaware. Accordingly, a duty of care is owed only to foreseeable plaintiffs. Without discussing the famous tort cases associated with this rule, know the “zone of danger” rule. If someone is not in the danger zone of the defendant acting negligently, they cannot recover. For any questions relating to the facts of your case, call a College Park truck accident lawyer to discuss.
This is rare in a truck accident case, but it does happen. For intentional conduct in a truck accident, you generally will claim civil assault or battery. The rules for these two causes of action can be technical, so just know that to be successful on either of these, the defendant must act intentionally when causing you harm. If you believe you have a claim for assault or battery relating to a truck accident, consult with a College Park truck accident lawyer.
Truck accident claims can be complex. This is especially true if you are suing multiple parties for the exact cause of action, especially with pedestrians involved. Please don’t go through this process alone. Call our College Park truck accident lawyers so you can focus on your recovery.