Riding through downtown Washington, DC, commercial trucks, including 18-wheelers, pose a significant risk to sedans, SUVs, and, worse, to individuals on a bicycle, scooter, or in a crosswalk. A crash involving a commercial vehicle, which may exceed 80,000 pounds, can lead to devastating consequences. In a second, an accident can upturn your life. You may face paralysis, fractures, internal bleeding, or fatal trauma. Even if your airbags deploy and your seatbelt is effective, the blunt force trauma from that much mass in a single vehicle is often too much to bear. When these injuries occur due to negligence, the occupants of the passenger vehicle may have a viable injury claim. Contact an experienced DC truck accident lawyer today to understand your legal rights and claim compensation.
Roger Gelb, a renowned DC attorney, has secured hundreds of millions of dollars in compensation for victims, navigating the complexities of DC’s trucking laws and insurance claims. At Gelb & Gelb, P.C., vehicle accidents are our primary focus. Our firm has handled thousands of personal injury cases for clients throughout the D.C. area, pursuing negligent drivers. When that driver is behind a large truck, the consequences become even more severe. Sometimes, it is not only the driver’s fault, but the trucking company’s as well. Whether that is Giant Grocery, Amazon, FedEx, UPS, UHAUL, or some other commercial enterprise, we will aggressively pursue the liable company. We are committed to ensuring you understand your legal rights and obligations, and to keeping you informed.
Due to the inherent dangers of operating large commercial vehicles, the federal government has created extensive regulations to prevent truck accidents in DC. They have created federal safety regulations in DC to lessen the likelihood of a semi-truck crash. Despite DC being its own entity separate from the federal government, the federal government has the power to create legislation and regulations through the commerce clause of the US Constitution. A thorough understanding of the intricate federal and local DC regulations that govern truck operations is crucial for any truck accident claim. Our semi-truck accident attorneys in DC excel in dissecting these regulations to build a robust case for our clients. Our legal team’s proficiency in DC’s traffic and safety laws positions us as leaders in managing truck accident claims.
In some instances, DC law and federal law clash. Thus, what you read on an AI overview may not be applicable, even if it cites a real law. When a commercial driver is in a crash, whether the driver violates federal regulations can be evidence of negligence. A seasoned tractor-trailer lawyer can review the facts of the accident. We will investigate the truck operator’s records to determine if a violation occurred. Some of the regulations that apply to federal trucks include:
The possible causes for a truck accident are infinite. Thus, we cannot list out every cause that may apply to your case here. Nonetheless, we highlight common causes of truck accidents in Washington, D.C., in the hopes that one may be relevant to your fact pattern to better understand how to avoid accidents. Whether your accident occurs near landmark locations like the Capitol or in high-risk areas such as the intersections around I-295 and the Beltway, our DC truck injury lawyers are ready to provide the legal support you need.
Have you been in an accident under any of these circumstances? Contact our truck lawyers today to protect your rights.
Mechanical truck issues that contribute to a crash can take different forms. If they do, the manufacturer or the trucking company can be held legally responsible for any resulting harm. The rationale is that mechanical problems are avoidable with proper care. And proper care is a requirement under civil law. For example, brake issues, tire blowouts, and engine breakdowns that cause a severe accident can result in liability for the parties responsible for maintenance. A product liability claim may be appropriate if a defective truck part causes a crash. But these cases are more expensive because we must hire expert witnesses to draft a report and testify at trial. Accordingly, the value of your case should justify the costs. Nonetheless, it is always best to consult a truck accident injury attorney to determine if your case is worth pursuing.
If we deem it appropriate, we will advance these costs on your behalf. Have mechanical failures contributed to your truck accident? Our legal team can help you assess your legal options.
These accidents often result directly from the truck operator’s negligence. They are also the most common form of truck accidents. Fortunately, they are also the least expensive cases to prosecute. In court, we seek to pinpoint instances of negligence, carelessness, and drunk driving, all of which contribute to truck collisions. From the start of your case, we prepare it as if we were going to trial, even if we ultimately settle.
This is the first phase. You are involved in a motor vehicle accident caused by another driver in a truck. The truck driver operated his truck negligently or intentionally, which injured you, the plaintiff. Keep in mind that we handle truck accidents involving bodily injury. You may choose to go to the hospital immediately following the truck accident if you are seriously injured. If your injuries warrant a hospital visit, do not hesitate. Go to the hospital as soon as the ambulance arrives on scene. Otherwise, it is best to stay at the accident scene until the police arrive. While waiting for the police, you should document the scene.
This includes obtaining information from the other driver, such as their home address, full name, the truck’s license plate number, registration, and insurance details. As the truck is probably owned by a company, you should also obtain information about the company when possible.
When the accident happens, escaping the negligence of the truck driver and the subsequent injury may be out of your hands. You may feel helpless. Calling a lawyer is the first step in taking the power back, and it does several things to make your life easier.
First, your lawyer can help you find reputable doctors. Our firm has handled truck accidents for several decades. We know doctors in various cities who can provide excellent care. We are familiar with excellent orthopedists, neurologists, podiatrists, and more. Of course, these doctors are mere suggestions, and you are welcome to use a doctor you are familiar with if you feel more comfortable. We can answer any questions you may have regarding next steps and how long each step will take based on the particular facts of your case.
At this step, you should have a better understanding of your injuries and what your treatment plan looks like. Again, this will depend entirely on you and your injuries. So, we cannot predict how long this will take. But generally, this step can take anywhere from a few months to a few years. The most important thing to remember is that you should get better. Your life may be drastically altered by the truck accident. Returning to normalcy is no easy feat and should not be rushed to reach the settlement phase, only to have to return to treatment because you were not fully recovered.
This is perhaps the most difficult conversation we have with clients. On the one hand, you may not be working because of your injuries and are struggling financially. This makes you more likely to jump at a low settlement offer or cut off your treatment prematurely. And in some cases, it makes sense to jump at an early settlement offer. But in the vast majority of cases, waiting until you are done treating will bring the settlement value closer to the true case value.
By this point, you may or may not be fully healed. However, ideally, you have at least stopped regular therapy appointments following the truck accident or some surgery related to the accident. You may never fully recover, but you may have reached maximum medical improvement (MMI). Once we receive all your bills and records from your various medical providers, along with information from you or your employer regarding your lost wages, your lawyer can begin settlement negotiations. Settlement is often in the best interest of both parties to save time and expense. Going to court can take years.
Additionally, paying for expert witnesses can be expensive, as are deposition costs and filing fees. Your personal injury attorney and the insurance company representing the defendant know this. So, waiting is often in your best interest as a plaintiff. When you have an experienced truck accident lawyer, you will quickly know if the defendant’s insurance company is making lousy settlement offers and when to ignore them and push forward with filing a lawsuit. This is why we prepare every case for trial.
Once we file a lawsuit, the insurance company may reevaluate the merits of their case and decide to make a better settlement offer, thereby avoiding the cost of trial. If that does not happen, and we proceed to trial, we must take several steps to prepare for litigation.
First, there is discovery. This involves the exchange of information from both sides. This can include depositions, interrogatories, and motions from both sides requiring court intervention. Then, the court may require mediation or a settlement conference. If it works, this can be to your benefit. However, it can also be a massive waste of time and money. But unfortunately, that is often an unavoidable part of DC litigation. Then comes the actual trial. The trial part is relatively short, considering the time it takes just to get to court. The longest part of this step is simply waiting for the trial date, which can take years. Also, there is no guarantee at trial. Even if the defendant made settlement offers, this does not constitute an admission of liability and is not always admissible in court that they made an offer.
You always hear stories of clients demanding more money, rejecting every settlement offer they receive, even despite their counsel advising them that they are great offers. Then, the jury sides with the defense, and the plaintiff gets nothing at trial. While this does not happen more often than it does, it happens occasionally. Accordingly, at least be aware that there are no guarantees at trial, no matter how proficient your attorney is.
By this point in the truck accident timeline, you have won your case, and the money from the settlement or judgment should be in your lawyer’s trust account. Theoretically, a company may refuse to pay a judgment. The defendant company may opt to file for bankruptcy, which is something we can discuss in greater detail if applicable.
Once the funds do hit the trust account, your lawyer will disburse the monies to the various parties, such as the medical providers, Medicare or Medicaid, and you, the plaintiff. Getting to this stage may take months or years, and success is never guaranteed. This is why it is essential to research when hiring a truck accident lawyer. Look for a lawyer with years of experience who effectively explains the process. You want a prompt communicator, should you have any questions.
There are at least two defendants in a truck accident case. The first is the negligent driver. But what if the coverage on the driver’s policy is insufficient to cover your losses?
The trucking company is another potential defendant in a truck accident. As long as the truck driver is acting within the scope of their employment at the time of the accident, a plaintiff has the right to hold the truck company responsible. You may do so via vicarious liability or the doctrine of respondeat superior. Vicarious liability allows you to hold a third party responsible for the acts of its employee. So, you may sue the trucking company for the negligent actions of their employee.
To explore whether the trucking company is liable in your case, give our office a call today at (202) 331-7227.
A frolic and detour is a phrase of art in personal injury law. It refers to whether a truck driver is working when the accident happens or if the reason they were driving at the precise time of the accident was personal in nature. If the driver is on a frolic, he operates outside the course and scope. Thus, the trucking company would not be vicariously liable for the driver’s behavior. What is an example of a frolic? This is a question for a jury at trial as it is fact-dependent. During settlement negotiations, lawyers will argue on behalf of each side, but it can be a toss-up in court.
A clear example of a frolic is when a trucker, who is on a job from Florida to Maine through D.C., travels 80 miles west to Maryland to go to his favorite restaurant. During such a frolic, even though the driver is completing a long haul, he is outside the course and scope of his employment if he is driving 80 miles off his route for something personal. In that instance, the trucking company would not be liable under the circumstances. However, they may still be liable if they were negligent in hiring that driver. Perhaps the driver has a history of accidents, making it clear that he is not fit to be a professional truck driver. In that case, the trucking company may still be liable, even if the driver is on a frolic at the time of the collision.
If the trucker collides with your vehicle while on this frolic, the trucking company will likely not be vicariously liable. Whether a driver is on a frolic or not is generally something we can determine during the discovery phase of the trial. A prudent lawyer will look for this to ensure maximum coverage and explore every avenue of recovery to compensate you for your damages.
If a trucker is on a detour, he is still operating within his job’s duties, and his employer is vicariously liable for the trucker’s conduct. An example of a detour is if the truck driver drives three miles off his route to get dinner before returning to his route soon after. While this is still personal, it is a minor detour, and the trucking company would still be vicariously liable.
No, most truck accident claims in DC do not go to trial. Ideally, we will settle your case before filing suit in Washington, D.C. We prefer to settle your case as doing so works to your benefit.
First, going to trial takes longer. Once we file our complaint with the DC court, we must wait about 18 months to get into trial in a DC Superior Court. Furthermore, you may have large medical bills in the event of an accident. Waiting that long for rightful compensation can put unnecessary financial stress on you. We wish to avoid this when possible. Lastly, going to trial is invariably more expensive. A trial means higher legal fees, but it can also mean filing fees, deposition costs, filing fees, and more.
While going to trial takes longer and is more expensive, there are some instances where it is still the best option for your case.
Roger Gelb leads a team of truck accident attorneys and compassionate and hard-working legal assistants. With over 70 years of experience, we understand what it takes to get the compensation you deserve. Whether we resolve your case via a settlement or take your case to trial, we continuously and aggressively pursue your claim. With our decades of experience, we anticipate your questions and address your needs before they arise. We understand how insurance companies operate, the tactics they use to avoid paying fair compensation, and the strategies that work to overcome them. Clients benefit from this depth of knowledge because it helps us move cases forward efficiently while maximizing recovery.
Our DC truck accident lawyers take a client-centric approach. This means we make it our mission to always respond to client questions quickly. We want you to know that no matter what time you call, you will reach someone from our office 24/7. The average response time, even outside traditional office hours, is immediate. This is because we know how stressful the legal and recovery process can be following a nasty truck accident. When everything else in your life feels out of control, we are the ones you can turn to.
As lifelong DC residents, our DC truck accident attorneys bring localized knowledge to secure your rightful compensation.
Given the sheer weight difference between a truck and any other motor vehicle on the road, the potential for severe injuries is substantial. However, the severity of an injury does not depend on the weight difference alone. There are various types of DC truck accidents, all presenting different levels of severity.
If you are near Northeast DC or the surrounding neighborhoods and are in a truck accident, our DC truck accident attorneys are readily available to assist you.
In DC, truck accident victims may be entitled to comprehensive compensation, covering medical expenses, lost wages, and pain and suffering, as assessed by an experienced truck accident compensation attorney. Furthermore, and perhaps most importantly, there should be enough coverage or assets to cover your damages. Unlike a car accident case against a regular citizen, a trucker is driving for a large trucking company. Accordingly, there should be a larger insurance policy to pay a judgment or settlement. Even better, the company should have assets to cover a judgment or settlement. This avoids one of the most frustrating parts of personal injury practice, where a plaintiff suffers millions of dollars in damages, but the at-fault party has no assets and a small insurance policy. This is less likely to be the case in a DC trucking accident.
Three primary categories go into an evaluation of what your personal injury case is worth:
If our DC truck accident lawyers seek to maximize your compensation, we must look to all sources of recovery to maximize the amount of coverage available. How else do we prove the trucking company is liable besides Respondeat Superior?
Truck accidents are on the rise. Injuries in these accidents can lead to lifelong pain, suffering, and medical complications. When a truck crash adversely impacts your future, it is vital to protect your legal rights. By pursuing a personal injury claim promptly, you can secure compensation for the debilitating injuries stemming from a truck accident.
A DC truck accident lawyer could help you investigate your claim. By doing that, you can decide to sue or settle. Our experienced truck accident lawyers in Washington, D.C., proudly provide clients with effective legal representation for their personal injury claims. Gelb & Gelb ensures our clients avoid the common mistakes after a DC truck accident. Those injured in a truck or other vehicle collision can rely on the experience and dedication of Mr. Gelb and the team at Gelb & Gelb, P.C. Secure your future following a truck accident in Washington, DC, by consulting with our legal team. Let us advocate for the compensation you rightfully deserve.
Contact our team of experienced lawyers for a free consultation and secure the compensation you deserve.
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