If you have been involved in a truck accident in the Rockville or Gaithersburg area, your first step should always be to contact an experienced personal injury attorney who regularly handles truck accident claims. Each situation is specific, and only an experienced lawyer can guide you through your exact legal options. Still, all truck accident victims have basic legal rights regardless of the circumstances of their accidents. Keep reading to learn the answers to victims’ frequently asked questions about their rights after a truck accident.
Can I Sue the Truck Driver’s Company After a Truck Accident?
Usually. As long as the truck driver is employed by a trucking company, that company can be legally responsible for its driver’s negligence. That means both the individual trucker and his employer may be financially responsible for any costs the victim incurs due to personal injury, including pain and suffering, loss of current and future wages, and emotional trauma. Problems may arise when a trucker works as an independent contractor and does hauling for different companies, but as long as the company supervises the driver, your accident lawyer can argue that he was legally an employee.
Can I Automatically Recover Against a Truck Driver Who “Jackknifed”?
Not necessarily. While many truck accident claims involve eighteen-wheeler trucks that “jackknife,” drivers are not always liable for others’ personal injuries. Some examples include if the truck driver took an abrupt turn in an effort to avoid a stalled vehicle or another accident, or if there was an unforeseen defect or slipperiness in the streets.
Can I Win a Lawsuit Even if I Was Partly at Fault?
In only four jurisdictions across the country, including Maryland and Washington, D.C., any negligence by the victim which contributes to an accident will likely bar any recovery by the victim. Because of this harsh rule, it is not uncommon for a trucking company with obvious liability for an accident to argue that the victim was 1% at fault. In this way, they can completely avoid the consequences of a serious accident. You should always seek out a personal injury attorney who is experienced in accident claims to help establish your very strongest case and get the damages you deserve.