A Guide to Maryland Tractor-Trailer Accidents

Last year, Maryland reported over 2,000 tractor-trailer accidents. But accidents involving tractor-trailers (also known as semi-trucks, 18-wheelers, and big rigs) are different than accidents involving passenger vehicles. Tractor-trailer accidents cause more serious injuries, involve more participants, and raise more complex legal issues. 

This guide answers many questions about trucking accidents, such as how they happen, why they are more dangerous than other accidents, and what types of compensation are available in tractor-trailer accidents. It also explains how a Laurel truck accident attorney can help with your case. 

How are Truck Accidents Different From Car Accidents?

An accident involving a semi is different from one that only involves passenger cars for several reasons. Here are a few. 

• More severe injuries 

Every moving object has energy. The faster an object is moving, the more energy it takes to stop it. Whatever stops it will absorb the energy. 

The average passenger sedan is about 15 feet long and weighs about 3,000 pounds. However, the average 18-wheeler is about 70 feet long with a weight of roughly 30,000 pounds. When fully loaded, a tractor-trailer can weigh as much as 80,000 pounds.

Because of this size difference, when a tractor-trailer hits a car, the smaller car simply cannot absorb all of the force. This means that the car – and the people in it – will be severely shaken. One study found that car passengers were six times more likely than truck occupants to suffer minor accident injuries and ten times more likely to suffer serious or fatal injuries. 

• More regulations

All drivers must obey the speed limit, stop at red lights, yield to pedestrians, and follow other traffic regulations. In addition to following these standard traffic laws, 18-wheeler drivers must also follow a long list of state and federal laws. For example, federal law requires drivers to take rest and sleep breaks at specific intervals. These additional rules and regulations add a layer of complexity to car-truck accidents. 

• More types of accidents 

Because of their size, design, and purpose, tractor-trailers can cause different types of accidents than passenger cars. 

• Jackknife accidents happen when a semi-truck’s trailer goes in the opposite direction of the cab, forming a “V” shape. 
• Underride collisions occur when a smaller passenger car slides under a semi’s trailer. 
• Override accidents happen when a truck drives over a car. 
• Blind spot collisions occur when a passenger vehicle drives in a truck’s blind spot. 
• Hazardous material spills can cause fires, expose people to toxins, or damage roads. 

Common Causes of Truck Accidents

In a typical accident involving two passenger vehicles, the fault for the accident usually lies with one of the two drivers. However, trucking is a major industry. So, the driver is just one of many people or companies who might be responsible for the accident. Here are some common actors in tractor-trailer accidents and how their actions might play a role in a trucking accident. 

The Truck Driver 

The actions of tractor-trailer drivers that can cause accidents include:

• Failing to obey traffic laws, 
• Driving while fatigued, especially if the fatigue happened because the driver ignored federal rules on rest and sleep, 
• Speeding or driving too fast for the environment, 
• Driving while distracted, 
• Driving aggressively, 
• Driving while intoxicated, or
• Failing to conduct a proper inspection before driving.

The Driver’s Employer

Those who employ truck drivers can contribute to trucking accidents by: 

• Creating unrealistic delivery deadlines or routes that pressure drivers to ignore rest regulations 
• Telling drivers to ignore federal rest regulations 
• Hiring or retaining unqualified drivers 
• Failing to properly train or supervise their drivers 

The Truck’s Owner

The truck’s owner must keep the truck in safe working condition. If the owner doesn’t keep up with maintenance, a truck can experience issues such as brake failure or tire blowouts. 

The Loading Company

Cargo companies must properly secure the truck’s load and avoid overloading the truck. Improper loading can cause the truck’s load to shift unexpectedly. Shifting can cause the truck to jackknife or otherwise crash. Additionally, these companies are responsible for following all regulations regarding hazardous materials. 

The Manufacturer

The companies that make tractor-trailer trucks have a duty to produce safe vehicles. Poorly engineered parts or a manufacturing process that uses inferior materials can lead to truck malfunctions and accidents. Your Waldorf truck accident attorney can help uncover manufacturing issues. 

The Government 

Public roads are operated by state, local, or federal government agencies. These governments have an obligation to keep these roadways safe. But sometimes, a government approves an unsafe road design or fails to maintain pavement, signs, lane markers, and other necessary safety features. When this happens, the government might be responsible for your injuries. If you believe this is the case, talk to a Laurel truck accident attorney immediately because special legal rules may apply. 

Typical Injuries in Tractor-Trailer Accidents

Every person is unique, but some injuries regularly appear in trucking accidents. These include

• Traumatic brain injuries (TBIs)
• Whiplash 
• Spinal cord injuries, including paralysis
• Internal bleeding
• Damage to internal organs 
• Broken bones, including complex fractures and skull fractures 
• Burns 
• Crush injuries 
• Dental injuries
• Mental health conditions such as anxiety, depression, and PTSD (post-traumatic stress disorder) 

What Do I Need to Do to Win My Maryland Tractor-Trailer Accident Claim?

To win your Maryland personal injury claim after a tractor-trailer accident, you’ll have to prove that someone involved in the crash was negligent. In legal terms, a negligent person is one who does not behave reasonably. To prove negligence, you’ll have to show that: 

• You were injured 
• That some person or company involved in the accident had an obligation to act in a particular way 
• That person or company did not act in the way that they were required to
• That person or company’s failure to take the required action caused your injuries 

If you can prove negligence, you’ll be eligible to receive damages. Damages are money given to injured people to compensate them for the physical, emotional, and financial losses caused by the accident. 

For example, trucking companies have an obligation to employ qualified drivers. A trucking company’s pattern of hiring drivers with poor safety records would tend to show that they ignored that obligation. If you can connect that failure to your injuries, you have a good chance of proving negligence. 

However, your eligibility for damages could be affected by Maryland’s contributory negligence rule. In most states, if the person who was injured by someone else’s negligence also played a role in causing the accident, they can still recover damages. But in contributory negligence states like Maryland, an injured person cannot receive damages if they were in any way responsible for causing the accident. This rule applies even if the injured person was only one percent at fault for the accident. Examples of contributory negligence include 

• Driving in a truck’s blind spot 
• Braking abruptly in front of a truck 
• Following a truck too closely 
• Driving while distracted
• Passing a truck illegally
• Swerving into a truck’s lane

If you think that you might have contributed to your accident, tell your Waldorf truck accident attorney. Contributory negligence is serious, but the rule has exceptions. Your accident attorney can tell you more. 

What Kind of Compensation Can You Recover in a Maryland Trucking Accident Claim?

Injured people typically collect two types of damages: economic and non-economic.

Economic damages cover financial expenses related to the accident. Hopefully, people who receive these funds will be placed in the same financial position that they would have been in without the accident. Economic damages can include past and future medical bills, lost wages, lost earning potential, property damage, and more. 

Non-economic damages provide injured individuals with financial compensation for their emotional trauma. There are three major categories of non-economic losses. Pain and suffering cover both physical pain and conditions like anxiety, depression, and post-traumatic stress disorder (PTSD). Loss of consortium addresses the loss of intimacy within the marital relationship. Loss of quality of life addresses a person’s inability to live independently and engage in normal activities. However, Maryland places an upper limit, or cap, on non-economic damages. Your Leonardtown personal injury attorney can tell you more about how the cap and other damages rules apply in your case. 

How Long Do I Have to File a Tractor-Trailer Accident Claim in Maryland?

Generally, Maryland law gives injured adults three years from the date of the accident or injury to file a claim. However, you shouldn’t wait to contact a Laurel truck accident attorney. Evidence in trucking accidents can degrade or be lost over time. Also, shorter timelines apply in certain cases, such as those involving the government. So, contact an attorney as soon as possible after your accident. 

How Can a Lawyer Help? 

Trucking accidents are very complex. They involve severe injuries, complicated laws and regulations, and unique types of evidence. Fortunately, you don’t have to handle your case alone. A Waldorf personal injury lawyer can help you by 

• Investigating your accident 
• Talking to insurance companies on your behalf 
• Uncovering evidence such as the truck’s event data recorder (“black box”), maintenance logs, inspection records, and surveillance video 
• Hiring expert witnesses such as doctors, economists, and accident reconstructionists 
• Following all court rules and deadlines 
• Estimating the amount of any damages 
• Negotiating a fair settlement
• Representing you at trial, if necessary

If you need legal help after a Maryland tractor-trailer accident, contact The Law Offices of Thomas E. Pyles, P.A. Our team has decades of experience. We regularly get excellent results for our clients. To schedule a free consultation at one of our three locations, use our online form or call 301-705-5006.