How to Handle a Personal Injury Case Involving a Commercial Vehicle in Maryland
Handling a personal injury case involving a commercial vehicle in Maryland requires a clear understanding of the law, proper documentation, and strategic steps to maximize your compensation. This article outlines essential steps you should consider if you find yourself in this situation.
1. Seek Medical Attention Immediately
Your health should be your primary concern after an accident involving a commercial vehicle. Ensure that you receive a thorough medical evaluation, even if you feel fine. Some injuries may not manifest symptoms immediately. Document all medical visits and treatments, as this will be crucial for your case.
2. Gather Evidence at the Scene
- Photographs of the accident scene and vehicle damage
- Contact information for witnesses
- Details of the commercial vehicle, including the company name and license plate number
These pieces of evidence can substantiate your claim and demonstrate liability.
3. Report the Accident
In Maryland, you are required to report any accident that results in injury or property damage to the police. Ensure that you file a report, as this official documentation is critical when pursuing your claim.
4. Identify Liability
Determining who is liable in accidents involving commercial vehicles can be complex. Liability may fall on the driver, the company that owns the vehicle, or even the vehicle manufacturer if a mechanical failure contributed to the accident. Consult with a qualified attorney to assess all possible parties who may be responsible.
5. Consult a Personal Injury Attorney
Engaging a personal injury attorney with experience in commercial vehicle accidents in Maryland can significantly impact the outcomes of your case. An attorney can help you navigate the legal complexities, evaluate your claim's worth, and ensure you meet all filing deadlines.
6. Understand Maryland's Contributory Negligence Rule
Maryland follows a contributory negligence rule, meaning that if you are found to be even 1% at fault for the accident, you could be barred from recovery. This makes it paramount to work with an attorney who can effectively argue your case and protect your interests.
7. Keep Detailed Records
Throughout the process, maintain meticulous records of everything related to your case. This includes medical records, bills, photographs, witness statements, and correspondence with insurance companies. Keeping comprehensive records will aid your attorney in building a strong case.
8. Be Cautious with Insurance Companies
Insurance companies often attempt to minimize payouts. Be careful when providing statements or accepting settlement offers without consulting your attorney. Many offers are made quickly, and you may not yet understand the full extent of your injuries and damages.
9. Prepare for Negotiations
With your attorney's guidance, be prepared for negotiations with the insurance company and possibly court appearances. This may involve presenting evidence, witness testimony, and expert opinions regarding damages and injuries.
10. Know the Importance of Timely Action
In Maryland, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, there are exceptions that can apply. Act promptly to ensure your case is filed within the legal timeframe.
By following these steps and seeking the right legal assistance, you can navigate the complexities of handling a personal injury case involving a commercial vehicle in Maryland. Taking informed actions will help protect your rights and pursue the compensation you deserve.