Truck Accidents FAQs

Because Maryland has a fault system in place for car accident claims, the party who caused the trucking accident will be responsible for all the damages. For example, if the truck driver caused the crash, the insurance company for the truck driver or trucking company would be responsible to pay your medical bills.

While this may sound great, it is important to note that medical bills aren’t typically paid by the other side until an injury claim is settled. Generally, you wouldn’t want to submit an injury claim until you know the extent of your injuries and have recovered or reached a point of maximum medical improvement from your injuries. This way you will know how much your medical bills have totaled in order to collect the correct compensation. However, getting to this point can take many months or even years due to the seriousness of your injuries.

In this case, you should submit your medical bills to your own insurance carrier under your Personal Injury Protection (PIP) coverage; however, there are limits on PIP coverage. If your medical bills add up to more than your policy limit, you may have to submit the remaining medical bills to your health insurance carrier. While these avenues can help you get your medical bills paid initially, you will still want to pursue a claim against the insurance company for the truck driver to collect all the damages you deserve.

If you are successful in making a financial recovery from the other driver, you will have to repay your health insurance company for a portion of the bills they paid but you won’t have to repay your insurance company for bills covered under your PIP coverage. To learn more about your rights and how to pursue a claim to get the most compensation, request a free copy of our report, 10 Tips to Get the Maximum Compensation After a Maryland Auto Accident.

Many victims of trucking accidents are left with emotional and psychological scars in addition to their physical injuries. Because of this, victims have been successful in suing for damages associated with mental and emotional trauma as well as physical injuries and other costs associated with the crash.

If you find that, months after your accident, you can’t get on with normal activities because you are experiencing flashbacks and nightmares, or you are feeling emotionally numb and hopeless, you may be suffering from Post Traumatic Stress Disorder. PTSD can affect your ability to work and your quality of life. It can also strain personal relationships and lead to severe depression.

When it comes to collecting money for PTSD, evidence is key. This means that you will need to get tested for the disorder. If a mental health professional or forensic psychologist confirms you have PTSD, you will need to begin treatment immediately.

Because cases involving PTSD are complex, it is best to have an attorney involved from the very beginning to help you properly substantiate your claim for damages. This is because insurance companies are notorious for fighting PTSD claims since they want to get away with paying victims as little money as possible. However, if your injuries don’t just stop at the physical, you have a right to pursue emotional and psychological damages following a collision with a truck.

If you have been diagnosed with this condition, you need to make sure you don’t settle with the insurance company before knowing what your PTSD claim is really worth. To speak with a knowledgeable accident injury attorney, contact (301) 942-9118 for a free case consultation.

There are a lot of law firms in Maryland and many personal injury lawyers who want to represent you; however, not all of them are experienced in truck accident claims. Although a lawyer may have experience representing victims of car accidents, handling claims for victims of truck accidents is much different. For this reason, you should learn what’s important when hiring an attorney to handle your personal injury claim against a trucking company, such as:

• Past successes. Many people can talk the talk, but not every lawyer can show you successful results in past trucking accident cases. If you are considering hiring a certain law firm, ask them what kind of results they received in cases similar to yours.  A lawyer who has successful results won’t be shy about sharing them with you.
• Trial experience. Some lawyers don’t have experience taking cases to court, and the other side knows which attorneys always settle. It’s not uncommon for insurance companies to base their settlement offer on your lawyer’s experience. This is why it is critical to your case that you choose an attorney who has experience in court and isn’t afraid to pursue your case at trial, if needed.

Hiring the right attorney matters in getting the financial recovery you want and deserve. This is why it is important that the lawyers you are considering provide you with a free consultation so you can get to know them and ask them questions about their experience and past case results.  To talk with us about your case, call us at (301) 942-9118 for a free consultation. We’d be happy to answer your questions and share with you our experience and past successes.

Everyone’s personal injury claim is going to be valued differently. While some injury claims may be similar, there are no two identical cases because there are a multitude of factors involved that can affect the value of a case.

A case’s value will depend on the following factors:

• Extent of injuries. Depending on the extent of nerve damage you are suffering, your claim could be valued higher than someone with less serious injuries.
• Medical bills. Compensation for medical expenses can include costs for an ER visit, hospital stay, exams, surgery, doctor visits, prescription costs, physical therapy, and rehabilitation.
• Psychological expenses. Many victims of truck accidents need counseling for the mental trauma they endured or professional help dealing with post-traumatic stress disorder caused by the accident.
• Future medical care. Some forms of nerve damage will require ongoing medical treatment and should be compensated accordingly.
• Lost income. When an injured victim cannot return to work due to his or her injuries, compensation should include lost wages and benefits as well as future lost income.
• Other compensation for pain and suffering and additional expenses.

Insurance companies have an estimate in mind for how much a nerve injury claim is worth, but it is important to note that adjusters are trained to settle claims for as little money as possible. You don’t have to accept the amount of money an insurance adjuster offers you. In fact, your injury claim will likely be greater than what an adjuster offers you initially. To learn more, request a free copy of our free book, The Maryland Auto Accident Guide.

The claims process can be a nightmare, especially for those involved in collisions with large commercial trucks. This is why most personal injury lawyers offer free initial consultations to help answer questions following traffic collisions. However, if you have never had to hire an attorney before now, it can be an overwhelming process, so here’s what you can expect to occur in your first meeting with a lawyer:

• Be prepared to tell the attorney about your accident with the commercial truck and be prepared to answer some questions so the lawyer can collect the information he needs from you.
• After listening to the details of the accident, a lawyer should be able to tell you if you have a case or not.
• If the attorney believes you have a claim, he will let you know about the laws governing your case and the next steps involved in the process.
• If you ask the attorney about his fees, he should be up front about the legal costs involved in representing you.

While it is important to find out if you have a case and to learn about your rights and next steps in the claims process, it is equally important to get to know the attorney. You should walk away from your first meeting knowing the lawyer’s experience, his trial outcomes, and whether he has handled cases similar to yours in the past. It will be important to your case outcome to find a personal injury lawyer with extensive experience standing up to large trucking companies and their insurance carriers.

When you meet with an attorney about your crash, everything you tell that lawyer is confidential and off the record, because your communications with attorneys are privileged. Attorney-client privilege is a legal concept that assures that what you tell an attorney will be kept confidential. This is true even if you don’t hire that lawyer.

In order to be able to offer the best possible defense, attorneys need to know all the information a prospective client has regarding a charge or claim. If, for example, you were in a car crash and you know you were partially at fault, your attorney will not be able to defend you effectively without knowing that fact. If, in the process of selecting an attorney to represent you, you admit fault to attorneys you end up not hiring, they are also bound by attorney-client privilege.

Exceptions to Attorney-Client Privilege in Maryland

However, the Maryland Rules of Professional Conduct make some exceptions. For example, the law requires lawyers to reveal secrets that would prevent bodily harm or death, which is mainly relevant in criminal cases and not personal injury cases. Also, sometimes attorney are ordered to reveal information by a judge. In this case, they are required to break privilege, but can fight the requirement by appealing to a higher court.

Typically, anything you say to a lawyer, even if you don’t hire that attorney, will be kept confidential. This means that a lawyer you don’t hire isn’t going to tell the insurance company what you said or that you were partially responsible for the crash. If you need advice after a car crash of variety, feel free to consult Nickelsporn & Lundin, P.C. at 301-942-9118

It is very rare for a spleen to rupture; however, in a violent crash it is possible that the collision could result in a ruptured spleen. If the left side of your body suffered a blow in the crash, your spleen could have been damaged. The spleen is a soft, spongy organ located under your ribcage on the left side of your body. Because it is protected by your ribs, most accidents don’t result in a ruptured spleen. However, if you were in a violent crash, such as a collision with a large commercial truck, you may have suffered broken ribs and some abdominal and chest injuries, which could cause a tear in your spleen.

If your lower chest or upper abdomen were injured in the wreck, the spleen could rupture immediately. If this occurs, it is life-threatening and will require immediate medical attention. In some cases, injured spleens may take several days to break open. In either event, ruptured spleens cause internal bleeding and are considered a medical emergency.

If you are experiencing blurred vision, lightheadedness, confusion, or if you fainted, it is critical that you seek immediate medical care. These are all signs of internal bleeding. In addition to these signs, you may also be able to determine if your spleen was injured by asking yourself the following questions:

• Does your abdomen feel hard?
• Are you experiencing pain in your left abdomen and left shoulder?
• Does your upper abdomen feel tender to the touch?

If you answered “yes” to these questions or if you are experiencing any of the signs of internal bleeding, seek medical care immediately.

Ever since taking driver’s education you’ve been weary of driving near trucks. Their size and limited maneuverability have always made you nervous, not to mention the horror stories you’ve heard about rollovers and undercarriage accidents. However, your fears were taken to a new level when your husband was in a serious underride collision last month.

Your husband was coming home from work and was stuck in rush hour traffic. Traffic was barely going 40 mph when an SUV came tearing up behind him. The driver apparently wasn’t paying any attention and slammed straight into his bumper, sending your husband flying into the back of a semi-truck. Although he wasn’t going extremely fast, the front end of his car smashed into the truck’s underride guard and crumpled about three feet towards him. Unfortunately, the guard snapped before all the force had dissipated. It sliced through the mangled hood, and impaled itself into your husband’s thigh. 

Although the car was completely totaled and his leg was badly cut, your husband survived the ordeal with only a broken leg and several lacerations. The rescue crew that pulled him out of his car told him he was extremely lucky that the guard held out for as long as it did, otherwise he could have been cut in half by the trailer’s edge.

Although you are extremely thankful that he survived, you can’t help but be scared of what could have happened. What if the guard wasn’t there? What if it didn’t hold? What would have happened if it was strong enough to keep the car back, would your husband have been spared his limp? How are these guards mandated for safety?

Underride Guard Safety Standards  

According to the National Highway Traffic Safety Administration (NHTSA), underride guards are one of the main defenses trucks have to decrease underride fatalities. By keeping cars from being able to slide underneath trailers, they can help prevent gruesome decapitations, severe injuries, and death. However, in order to function properly they need to be well-maintained and kept within safety standards.

These standards, enforced by the Bureau of Motor Carriers and Federal Motor Vehicle Safety Standards, include:

• 1953 standards (covering straight truck and trailers). These standards required that 38.6 percent of straight trucks and 56.9 percent of tractor-trailers had underride guards with a minimum guard height of 30 inches from the ground—on trucks with cargo beds they must be 30 or more inches off the ground—and 24 inches from the rear wheels. The only strength requirement was that the guard be substantially constructed, and attached by means of bolts or welding.
• 1998 standards. As stated in the FMVS Standards 223 and 224, the above standards were updated and strengthened in the late 1990s and pertain to trailers and semi-trailers. The guard height was lowered to 22 inches, and the wheel setback dimension was shortened to 12 inches. Strength and testing standards were also added. The underride guard must additionally extend to within four inches of the sides of the truck and be able to withstand the force of 22,000 pounds of force.

As stated, the 1953 rule applied to both straight trucks and trailers, and because the 1998 standard applies only to trailers and semi-trailers, it still continues to be the controlling rule on rear-impact protection for straight trucks. It also applies to trailers and semi-trailers manufactured before January 26, 1998.

Security for When Underride Guards Fail

If you or a loved one has recently been injured as a result of a failed underride guard and need help with your injury claim, contact us today. Our knowledge and eagerness to fight for you will help prove to you why having an experienced lawyer is the first step to getting the settlement you deserve. We know the law and want to help you get the justice you deserve. Call now for a free consultation.

Make sure your family and friends are protected by sharing this page with them via Facebook or tell them to contact us directly to discuss any potential questions or concerns they may have about a recent accident.

“Two die in a fiery crash, after a semi-truck fails to brake on the Beltway.”

“A family of five hospitalized when an 18-wheeler loses control at the top of a hill near their home.”

It seems like every week you hear about some kind of truck tragedy caused by failed brakes. It’s to the point where if you see a truck, you’ll do your best to avoid it just in case. However, you can’t run away from them the rest of your life. You need to be able to confidently drive near them, while also being able to identify potential problems.

How can you do that? How can you tell if a truck is having brake problems?

Recognizing Dangerous Brake Failures

The Federal Motor Carrier Safety Administration estimates that over 145,000 people are injured in truck accidents every year due to brake failure. The Department of Transportation backs up these findings by stating that 29.4 percent of all large truck crashes involve brake failures, brakes out of adjustment, and other brake-related issues. This is why it is extremely important to be able to recognize the warning signs that a truck’s brakes are having issues—before it’s too late for you and your family.

When driving near a truck, make sure that you stay alert for the following warning signs of brake trouble:

• Loud screeching or thumping. If the brakes aren’t making adequate connections with the truck’s tires, the friction caused by the revolving tires can create loud noises
• Jerking (especially forward jerking). If the trucker is having issues applying pressure to the brakes, or the brakes themselves are having issues holding a grip, the truck can appear to be lurching forward as the brakes try to grab on to the tires.
• Rapid acceleration (particularly down hills). Since the weight of a truck is so great, air brakes are meant to slow trucks down when riding downhill. If the brakes are malfunctioning, the weight of the trailer—along with gravity—will push the truck down the hill at accelerated speeds.
• Hazard lights or honking. If a trucker knows he is in trouble, and that his brakes aren’t working, he should turn on his hazard lights or use his horn to warn other motorists of the potential danger as he coasts to a stop. If you see his emergency flashers on, stay back! Don’t attempt to pass him, or help him until he comes to a complete stop.

When Accidents Happen, Protect Your Family’s Future

Don’t be a statistic! Pay attention, follow truck safety guidelines, and make sure your family knows what to look out for when driving near semi-trucks. Remember, safety is the most important thing when driving.

If you’ve already been involved in a truck braking accident and need advice about your claim, contact us today. Our vast experience and abundant knowledge of truck and traffic laws can help you and your family get the settlement, treatment, and emotional compensation you deserve for your injuries. Call today for a free consultation and take the first step to protecting your family’s future.

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Lately, you’ve noticed an increase in news reports dealing with truck accidents on highways. Over the past few weeks, you’ve actually seen several trucks pulled over near on-ramps with tow trucks, police cars, and ambulances surrounding them. You don’t want to get unjustifiably paranoid, but you have to admit that you’re get a little worried every time you pass an on-ramp with a truck on it.

Should you be worried, or are the odds of getting into a truck accident by an on-ramp, the same as getting into one while going straight on the highway?

Odds of Getting into an On-Ramp Accident With a Truck 

According to the Bureau of Transportation and Statistics, 20 – 30 percent of national freeway truck accidents occur on, or near ramps. A highway traffic study funded by the Federal Highway Administration, in conjunction with the Trucking Research Institute, illustrates the staggering risk percentages of truck accidents based on a ramps design and location. These findings, which were published in the Journal of Transportation and Statistics, are as follows:

• Loop ramps. Loop interchanges are basically large “loops” that allow highway traffic going north and south to change direction to east or west. They eliminate 90-degree turns, but promote higher speeds while going around curves. This creates a higher risk for accidents and is why 12 percent of ramp accidents occur on these types of interchanges.
• Diamond ramps. Diamond ramps are on-ramps and off-ramps that cross a bridge over the highway. The study found that approximately 28 percent of ramp collisions occur as a result of side-impact accidents on these types of ramps.
• Directional ramps. Directional ramps veer off in the direction in which you actually want to go—instead of a loop ramp that takes you around in the opposite direction before looping you to the desired direction. Directional ramps account for a staggering 51 percent of truck ramp accidents, most likely due to speed and merging issues. This means that you have 15 percent chance of getting into a truck accident on a directional ramp.
• All other ramps (hybrid of the above three types). These account for the remaining 9 percent of truck ramp accidents.

What to Do When Your Odds Become Reality

Although the above risks don’t mean that you’re guaranteed to get into an accident, you should nevertheless make sure you pay attention to both on-ramps and off-ramps while trucks are approaching and merging. You should also make sure that you follow proper safety and etiquette protocol while in front of, behind, or next to a truck that is on or passing a highway ramp. Remember, if you cause or fall victim to a truck accident, the worst injuries are going to be inflicted on you and your passengers. Don’t be a statistic—be actively aware and safe to prevent these types of accidents.

Need more information on truck accidents or entrance and exit ramp injuries? Contact us today for a free consultation, or connect with us on Facebook, Twitter, or Google Plus. We’ll be happy to answer all of your questions, inquiries, and concerns while providing you with support and peace of mind. We’re waiting to hear from you.

After an extremely long haul, you made your delivery. Although you were sure that you’d be able to take a much deserved rest, your boss informed you that you had to pick up a delivery from Philly, and return before you could take a few days off. Exhausted and irritable, you manage to take a quick cat nap before heading up to Pennsylvania.

You made it as far as Silver Spring before you started to get a huge headache and your vision began to get blurry. You chugged some black coffee and continued through Silver Spring—getting extremely anxious and jerky.

You just took an hour nap, why are you so distracted and tired?

Sleep Interval Impairments and Benefits

Fatigued truckers contribute to approximately 2,000 accidents a year, injuring and killing over 20,000 people—including themselves. Although federal mandates require truckers to get at least eight-hours of sleep a day, the Federal Motor Carrier Administration estimates that most truck drivers only average four to five hours a day. Some people may argue that five hours of rest is plenty of time to adequately recharge your body. However, multiple studies have shown a direct link between the effects of fatigue and the effects of intoxication. 

The following effects of hourly sleep are:

• No sleep. Headaches, poor vision, irritability, muscle exhaustion, hallucinations, decreased reaction time, inability to focus, lack of motivation, and sudden unconsciousness can all be caused by no sleep.
• Around one to two hours of sleep. False sense of focus, increased symptoms of no sleep, memory loss, and confusion are all effects of one to two hours of sleep.
• Around three to six hours of sleep. Although the more sleep you get the better, a continuous routine of less than eight-hours of sleep can have medical consequences as well as being physically distracting. Obesity, diabetes, heart damage, memory loss, decreased focus, and reaction time could all affect your ability to drive safely.
• Seven to eight hours of sleep. The average person requires at least seven-hours of sleep in order to complete his REM and Non-REM cycles—deep sleep where the brain restores chemical compounds, and the body restores muscles, tissues and bone. When you manage to get eight or more hours of rest, your body is allowed the time it needs to rejuvenate in order to have the full function and awareness that you need.

When your body is deprived of this time to restore itself, muscle and brain functions become diminished, producing the side effects that occur when you only get up to six-hours of sleep.

Protecting Yourself After an Accident

Accidents can happen anytime—even when you believe you’re alert and fully awake. Contact us today for a free consultation and review of your rights as a truck driver. We’ll help you understand the options available to you after a truck accident.

We’re here to help you and your family in any way we can, so don’t hesitate to give us a call, send us an email, or contact us personally through LinkedIn and Google Plus. We take pride in making sure our clients are well informed, comfortable, and confident, so call now for the peace of mind that you deserve.

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You just got out of work and you’re about to get on the Beltway to head home, when a huge truck, with an enormous trailer hitched to the back pulls out in front of you. Although there’s nothing you can do about it until you get on the highway, you begin to get a little stressed. You absolutely hate driving behind trailers.

You manage to control your nerves on the on-ramp, but as soon as you maneuver yourself behind the truck, in order to pass him when the other lane is clear, the truck hits a bump. All of a sudden, the trailer begins swaying back and forth. You slow down a little, hoping the swaying will settle down, but as you watch, it appears that the swaying is only getting worse.

What should you do?

Safety Moves to Avoid Trailer Accidents

Trailer accidents can be extremely brutal if not deadly. In the past six years, the U.S. has suffered over 25,000 fatal towing-related accidents according to the Fatality Analysis Reporting System of the National Highway Traffic and Safety Administration. However, thankfully there are safety precautions and emergency maneuvers that you can use to protect yourself from a fatal trailer accident.

• Keep your distance. When following a semi-trailer or a trailer hitched to a truck or SUV, keep a minimum of two-car lengths between your car and the trailer in front of you. Not only will this give you more room to maneuver in case the trailer comes loose, but it also gives the driver a clearer view of the traffic behind him.
• Pay attention. Stay alert for signs of possible danger, such as swaying, jerking, shaking, or abrupt braking.
• Move out of the way. Immediately increase your distance and move over if the trailer in front of you begins to sway, jerk, or shake.
• Give them room. Allow trucks a lot of extra room when turning. This lessens your chance of becoming caught in any blind spots.
• Steer, don’t brake. When a trailer comes loose, it still has built-up momentum and speed from the truck in which it was attached. This means that it isn’t going to stop on a dime—much the same way as you won’t stop immediately when you slam on your brakes. Therefore, to avoid colliding straight into a loose trailer, attempt to steer off the road, or if the lane next to you is clear, veer into the next lane. Not only will this help you avoid the collision but it will prevent injuries from sudden stopping and possible rollover issues as well.

Protecting Yourself After an Accident

Unfortunately, accidents still happen when you’re paying attention and driving as safely as possible. However, you can still protect yourself, your family and your rights even after an accident. If you’ve suffered as a result of a lost or detached trailer collision, call us today for a free consultation and review of your case. How knowledge, experience and diligence can help answer all of your questions and help you file your injury claim. Don’t let someone else’s mistake haunt you and your family for the rest of your lives; get the settlement and closure you need to move on. Call now!

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It’s the beginning of another long day. You’re about halfway through your haul from Savannah to Pittsburgh, but yesterday you had to stop in D.C. for a short break. Now, you’re making your way to 270 through Rockville. However, for the past 20 miles or so, the back of your rig has felt jerky and you’ve had to really overcompensate to keep control. You were just about to pull over into a truck stop, when all of a sudden you heard, felt, and saw a massive explosion from the truck’s back end.

It took all of your strength and focus to keep your rig on the road and not topple over. Thankfully, after what felt like a lifetime of swerving and jerking, you managed to safely pull it off the highway. After catching your breath, you jump out of the truck and walk to the back to inspect the damage. You see that an entire tire is missing and one of your rims is bent. You look around and see what looks like pieces of the missing tire, spread over about a mile of open highway.

What could have happened?

Five Reasons a Truck Tire Can Blow

Over the past decade, the National Automotive Sampling System – Crashworthiness Data System (NASS-CDS) has collected extensive data pertaining to tire blowout accidents, injuries, and fatalities. Their data shows that an estimated 25,000 truck tow-away crashes resulted from blown out or flat tires. Although these incidents make up only .05 percent of all traffic-related crashes, 25,000 accidents is still a devastatingly high number, considering that the cause of 90 percent of the accidents could be avoided with proper maintenance, care, and observation.

The five most common (and ironically preventable) reasons behind tire blowouts are as follows:

• Too much air pressure. When a tire is filled with too much air, the structural integrity becomes compromised. Too much air causes the rubber to bow out, stretch, and weaken, while also expanding the amount of surface area that comes in contact with the road. Even small punctures can cause the excess air to force its way out—causing an explosive blowout.
• Zipper failure. Cracks, ruptures, or weaknesses in a seam can cause air pressure to rapidly reduce within the tire. The air is forcibly released through the defect or failure, consequently causing an explosion or blow out.
• Demounting. When the tire suddenly comes off the rim, releasing the air pressure within the tire itself it is referred to as demounting.
• Structural weakness or poor maintenance. Old, overly used, or damaged tires can easily become too stressed and can cause the air pressure to suddenly be released.
• Overheating. When the temperature inside a tire increases, the air inside the tire increases as well, and expands. This increase in pressure continues as long as the temperature rises, until the tire bursts or comes off the rim.

When driving a truck, don’t put yourself in needless danger. Before setting out on a long haul, check your tires for any irregularities, punctures, weak spots, or pressure problems. When you stop for a break or to rest for the night, check the pressure again to make sure you’re not losing air. You can never be too careful, or overly cautious when it comes to driving a truck. Remember—you’re responsible for 80,000 pounds worth of machinery, and if you lose control of that immense rig, you could wind up also being responsible for dozens of injuries, damages, and even fatalities, all because of a weak tire. Don’t risk it. Check your rig before, during, and after long hauls to help prevent tire blowout accidents.

If you’ve recently been injured in a blowout collision and need help with your injury claim, contact us today. Our knowledge and eagerness to fight for you will help show you why having an experienced lawyer is the first step to getting the settlement you deserve. Call now for a free consultation.

Need more information? Request a copy of our free report, to help you understand, pursue and fight for the maximum compensation you deserve.

When you’re moving, a million things are going on in your head: Is this the right decision? Is Silver Spring going to be better than D.C. or worse? Will you get it all done today? How difficult will it be to drive the truck? Is traffic going to be bad on 495? Unfortunately, in addition to all the mental strain, you also have to deal with the physical strain of actually picking up and moving all of your possessions from the old house to the moving truck and then from the truck to your new place.

Needless to say, moving can be extremely exhausting and stressful, but what about the added worry and danger of renting the moving vehicle in which you’ll be responsible? How do those stresses add to your already aggravated moving day plan?

Why You Run the Risk of a Serious Accident When Moving

U-Haul is one of the most popular moving rental companies in the United States. They have thousands of locations across the nation and it is relatively easy to rent a truck in one state and drop it off in another. However, like most moving rental companies, they also have a lot of potential safety hazards. These include:

• Aging and ill-maintained truck selections. As each truck is constantly moved from one place to another, maintenance can be lax and upkeep forgotten from one truck to the next. This includes everything from oil and spark plug changes, to checking brakes and lights.
• Unsafe towing policies. Many moving truck renters don’t care if you’ve ever towed anything before, nor do they care if you know how—they may or may not give you a quick course on how to mount a trailer, or a pamphlet on safety guidelines. However, towing can be extremely dangerous, and without proper instruction or training, could cause a serious accident.
• Underpaid and undertrained employees or personnel. Many employees will inadequately inform you of safety standards and precautions.
• Misinformation or poor communication. Some safety standards, such as properly balancing your load and how to safely attach a trailer, is either glanced over or not given at all—making it extremely difficult for you to know how to safely move your belongings.

For all of these reasons, as well as for your own safety and well-being, it is imperative to make sure you know the safety protocols of driving, packing, and maneuvering a large truck or van. It is also important to know how to safely attach, detach, and handle towing hitches, trailers, and added vehicles—even if you’re not properly informed by the rental company.

Staying safe and preventing an accident should be your number one priority, so if you don’t feel comfortable with driving a moving truck or towing extra pieces behind you, either have someone more experienced do it for you, or hire a professional mover instead of taking on the burden yourself. Although it may be a little more inconvenient or expensive, it will be infinitely safer.

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Need more information about moving truck safety, accident claims, or compensatory rights in Maryland? Contact us today for a free consultation. We’re here to help answer your questions and point you in the right direction for a proper settlement.

When cargo or debris fall out of a moving truck and immediately strike you or your vehicle, it is pretty obvious where the cargo originated and where the blame needs to be focused.  However, not all cargo accidents result from boxes or merchandise striking your car; sometimes it is the other way around, where you are forced to strike a stationary lost or fallen object.

After a piece of cargo has fallen from a semi—if the trucker doesn’t notice the issue—that object will remain wherever it has fallen until someone removes it. However, when driving down 29, or going around a curve like on Blair, not only do you not expect objects to be in the road, but they may also be extremely difficult to see. For these situations, you’ll need to be able to identify where the objects came from, as well as to whom they belong, in order to file an appropriate injury claim.

Cargo Identifiers

Large boxes, merchandise, or transported equipment should all contain individual tracking markers to help identify where they came from, where they were headed, and to whom they belong. After an accident, make sure you either photograph or keep the following, to help identify the guilty party:

• Shipping labels
• Merchandise itself
• Packaging slips
• Bar codes or scanning labels

An experienced lawyer will be able to help you use this information to track down the origin of the destructive cargo, the truck in which it fell off, as well as who is responsible for the incident.

Let our experience and knowledge take the guess work and stress out of proving who’s to blame for your accident. We know how frustrating it can be to get answers, so let us do it for you. Contact us today for a free consultation to discuss your case and get the answers you need.

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You’re stuck on the Beltway, driving home from work during rush-hour traffic, when out of the blue, the truck next to you swerves into your lane to cut you off. He manages to narrowly miss you, but the speed and force of the swerve managed to unlatch the back of his trailer, and his abrupt stop—to avoid the car in front of him—caused the door to open and several boxes to come crashing down onto your windshield and into your car. You suffer several cuts, a broken wrist, and what feels like a broken nose from your airbag.

Obviously, someone is going to have to pay for the damages, but who? Who’s liable for your injuries? The driver or the trucking company?

Driver vs. Trucking Company

It can sometimes be difficult to determine who was at fault and who is responsible for compensating you for your truck accident injuries—especially when insurance companies start to play the “blame game.”

However, the primary theory of liability law, referred to as “Respondeat Superior” (Latin for “let the superior make answer”), states that employers are liable for any accidents, damages, and wrongdoings done by their employees, as long as these incidents were a direct result of the job and weren’t intentional. The theory is that certain accidents are inevitable and are considered a part of “the cost of doing business.” It also supposes that the employer will have more money than the employee to purchase insurance and cover damages.

Exceptions

Although the Respondeat Superior will often dictate the employer is liable, certain exceptions can push liability to the driver.

• Intentional or personal acts performed by the driver lead to the accident. If the acts weren’t assets of the job, an employer may refuse liability.
• Driver wasn’t actually an employee of the company but rather an independent contractor. In this case, the employer will not take responsibility for his actions.
• Intoxication forfeits the driver’s rights for employer protection.

No matter who’s at fault, an experienced truck accident lawyer will fight to make sure you get the settlements you deserve for your injuries. Not sure how to prove who was liable? Don’t worry, that’s our job. Our experience, knowledge, and determination will help make sure you get the justice you deserve, from whomever is responsible. Call us today for a free consultation—we’re standing by to help you!

Have you ever had one of those moments where you are driving and you could have sworn you saw a car behind you, but when you looked again it was gone? Most likely it didn’t just vanish; it either got off when you weren’t paying attention, slid into your blind spot, changed lanes, or it’s still there you just can’t see it. 

“Now you see it, now you don’t” may be a great act for aspiring magicians, but it isn’t something  you or truckers want to think about while driving down 29 in a summer storm or merging onto the Beltway at night. Unfortunately, poor visibility is one of the leading causes of truck accidents in the United States—causing an average of 600,000 accidents per year.

Truck Visibility Problems 

Semi-trucks have a clear disadvantage compared to normal cars when it comes to visibility. Not only does their size affect what they see, other factors can diminish their visibility making the potential for a collision that much higher. Here are a few examples:

• A truck driver’s elevation can make it difficult for him to see vehicles and pedestrians that are below his eye level.
• Absence of a rear window decreases visibility to just the side mirrors, increasing the size of a truck’s blind spot.
• Lack of adequate reflectors can cause other drivers not to see the semi-truck in tunnels or on winding roads.
• Poor lights can make it difficult to see in good weather, let alone bad weather—especially if surrounding cars do not utilize their lights. A truck could easily mistake you for dark empty space and collide right into you.
• Non-aerodynamic windshields make it difficult for truckers to see in bad weather. Most cars have slanted windshields that cause water to naturally roll off. However, semi-truck windshields are generally perpendicular to the hood, making water less likely to roll off.

When driving next to a truck, in good or bad weather, and when sunny or dark, try to remember how difficult it may be for the driver to see you. You can help by turning on your lights and staying out of any blind spots.

Do you think your truck accident was caused by poor visibility? Do you want to file a claim for your injuries? Contact us today to set up your free consultation. We are standing by to answer any questions you may have and to help you get the justice you deserve.

Don’t allow ignorance to hurt your family—help us spread the word by sharing this page on Facebook, Twitter, or at work to help raise awareness about poor visibility and truck safety.

Each truck accident is unique, and so will the evidence that is submitted. In general, here are a few tried and true sources:

Accident Report

The police accident report will likely be your first stop when it comes to searching for clues to what happened in your truck accident on the Beltway. While the report itself is not applicable as evidence, you can use it to track down sources that are—such as any eyewitnesses, photographs of the accident scene, and information regarding any unlawful actions that contributed to the accident.

Criminal Records

You have the right to the truck driver’s criminal record, which includes any arrests, convictions, and traffic violations. If the driver has a history of negligent driving or if there is a criminal case pending from your accident, those facts may be pertinent to your civil case because they show a lack of disregard for other people and the law. It is also a crime for the driver to be carrying any load for which he or she is not licensed for, so be sure to check the driver’s commercial license for endorsements.

Safety Records

The trucking company is required to meet certain safety standards set by the Federal Motor Carrier Safety Administration, which makes public any noncompliance issues. You can check the carrier’s licensing and insurance information as well as the truck company’s safety records online. Safety violations may have contributed to your truck accident injury and are therefore valuable records.

Company Records

Trucking companies are also required to document vehicle maintenance, driver training and hours driven, cargo and loading information and more. Depending on the circumstances of your truck accident, some of this information may be useful to your civil lawsuit.

For more help determining what evidence can be used in your specific case, call Nickelsporn and Lundin to set up your free consultation.

Possibly. The answer to that question boils down to one simple fact: Did you cause the accident or did someone else? Because Maryland uses the contributory negligence standard, you will not be able to get any money for your injuries if you caused the accident that left you hurt. That is the unfortunate side effect of Maryland’s personal injury laws.

If you were hit on the inner or outer loop of the Beltway, you are likely dealing with significant injuries. It may take months for you to recover. The good news is that if you were an innocent victim of the accident, you have every right to sue the at-fault driver. You may be able to get money that will pay for your medical bills, reimburse you for wages lost at work, allow you to continue physical therapy, and more.

Just because the truck driver who hit you is denying responsibility for the crash doesn’t mean that you’re out of luck. It’s possible that the truck driver is lying. It’s also possible that a third party—such as the driver’s employer, the truck manufacturer, or mechanic—is partly to blame for the accident. You may actually be able to go after multiple defendants in order to get the compensation you deserve and need.

It can be difficult to fight a giant trucking company in court, but the skilled attorneys at Nickelsporn and Lundin have experience in this area. We know how the defense thinks and how to fight back. If you want to tip the tables back in your favor, call us today to set up your free initial consultation. For more information, stop by our offices in Rockville, Silver Spring or Frederick to pick up your free copy of our book, 10 Tips to Get the Maximum Compensation.

Truck accident lawsuits typically take longer than other auto accident lawsuits for the following reasons:

More Regulations

Truckers are bound not only to the general rules of the road but also to an entire code of federal and state regulations that govern commercial trucking. With so much additional red tape, every step takes longer. Just a simple local police investigation may take months because the cops have to sift through so much more information.

More People

Perhaps you were in one of several vehicles involved in a serious truck accident on the Capital Beltway. Maybe numerous insurance companies are involved in covering the driver and truck that hit you. In any case, the more people that are involved, the more time it takes to come to an agreement on even the simplest details.

More Money

Because truck accidents frequently end in big injury, the payout is typically larger. With so much money at stake, you can expect all potential defendants to nitpick at the details. Similarly, you may be reluctant to jump at the first settlement offer if you feel it is not enough to cover the true cost of your medical bills and related pain and suffering.

While it can be frustrating to wait, taking the time to do the job right will likely pay off in the end. Don’t get discouraged if your Maryland truck accident claim is not settled within weeks of filing. The process takes time, but when it’s done right, the end result is worth the wait. We invite you to check out our other case results to see what we mean.

First of all, you should know that drug use is currently the number one cause of truck accidents in the U.S. One-fourth of all truck accidents are caused in part by either prescription drug or illegal drug use. That means there’s a high chance that the driver who caused your crash was somehow misusing drugs.

Possible Signs of Drug Misuse

You may have additional reason to suspect prescription drug use if the driver said or did any of the following at the scene of your Maryland truck accident:

• Appeared very drowsy
• Had slurred speech
• Was unable to concentrate on your conversation
• Seemed easily agitated
• Said something about a cold or the flu (may be taking over-the-counter medications that react with some prescriptions)
• Referenced a serious health issue
• Was very overweight (may be taking prescription medications for related issues)
• Referenced any medication that he or she takes
• Popped a pill in front of you
• Hesitated to submit to a toxicology test

Toxicology reports are the most accurate way to determine whether the driver had any medications in his or her system at the time of the accident. A toxicology test should be done as soon as possible after the accident. The results will reveal which drugs the driver was on as well as the concentration level of those drugs. An expert will then determine whether that amount of toxicity was likely to have affected the driver. For example, a specific amount of a certain medication may affect a person’s vision, reflexes or reaction time, mental capacities and more.

If you believe drug use—prescription or illegal—caused your accident, you may be able to demand damages from the at-fault driver. To learn how our Maryland truck crash lawyers can help prove your case, fill out our online contact form today.

It’s tough to deal with pain alone. You naturally feel the need to tell your story to your closest friends and family. In this age of social media, Facebook and Twitter are two predominant ways to share your thoughts and feelings with those who care about you.

We understand the need to vent and the desire to post your true feelings on Facebook or tweet about how much this latest pain hurts. However, in the last few years, lawyers have started turning to social media to “check-up on” victims of accidents. Too often, they’ve found some little piece of evidence that allows them to begin doubting the victim’s story. That’s why we suggest that our clients stay off Facebook and twitter entirely while they are healing or in the process of pursuing a personal injury claim after a Maryland truck accident.

Granted, a generic reference to the pain you’re experiencing today is probably not going to do anything to lessen your settlement. However, you’d be surprised at how often seemingly meaningless comments can be used against you. For example, any of the following could hurt your chances at getting a fair compensation:

• Admitting that you overdid it at an event the other day.
• Broadcasting that you did not exactly follow doctor’s orders when you helped a friend move or picked up your child.
• Talking about how badly you’ve procrastinated with doing your daily physical therapy exercises.

If you insist on updating friends and family via social media, please be very careful about what you say and keep in mind that the defense can request these outlet venues against you in court.

For more helpful information on what to do—or not do—following a Maryland truck accident, we encourage you to follow our blog.