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Being struck by a commercial truck or 18-wheeler is a fundamentally different experience from a typical car accident. The forces involved are greater. The injuries are often catastrophic. And the legal cases that follow are significantly more complex — involving federal regulations, multiple potentially liable parties, and insurance carriers backed by experienced legal teams whose sole job is to minimize what they pay out.
At Rowe Weinstein & Sohn, we have represented truck accident victims throughout Maryland, Virginia, and Washington, D.C., and secured results including $5.25 million in a construction and trucking accident case. We know exactly what separates a winning claim from a losing one — and it often comes down to what the victim did or did not do in the days immediately following the crash.
Here are the most costly mistakes we see Maryland truck accident victims make.
Mistake 1: Assuming the Truck Driver Is the Only Liable Party
In a standard car accident, the at-fault driver is typically the primary responsible party. In a truck accident, the picture is far more complicated. Depending on the circumstances, liability may extend to the trucking company that employed or contracted the driver, the company that loaded the cargo if improper loading contributed to the crash, the manufacturer of a defective truck part, or a maintenance company responsible for the truck's upkeep.
Maryland follows contributory negligence rules, meaning that if the opposing parties can shift even a fraction of blame onto you, your claim could be barred entirely. Identifying every liable party — and the insurance coverage that comes with each — requires thorough investigation and legal expertise. An experienced personal injury attorney will pursue all avenues of liability, not just the most obvious one.
Mistake 2: Failing to Preserve Critical Evidence Immediately
Commercial trucks are equipped with event data recorders — black boxes — that capture speed, braking, acceleration, and other operational data in the moments before a crash. This data is extraordinarily valuable in establishing what happened and who was at fault.
The problem is that this data does not stay preserved forever. Trucking companies have legal obligations around data retention, but those obligations have limits — and in some cases, data can be overwritten or lost if action is not taken quickly. Driver logs, maintenance records, cargo manifests, and dashcam footage are all similarly time-sensitive.
The moment you hire an attorney after a truck accident, one of the first actions they should take is issuing a preservation letter to the trucking company and its insurer demanding that all relevant evidence be retained. Waiting even a few days can mean critical data is gone by the time your legal team moves to obtain it.
Mistake 3: Talking to the Trucking Company's Insurance Adjuster
Trucking companies carry substantial commercial insurance policies — and those insurers employ experienced claims professionals whose job is to resolve cases for as little money as possible. When that adjuster calls you in the days after your accident, they may seem sympathetic. They may express concern for your wellbeing. They will ask questions.
Do not answer them without legal counsel. Maryland's contributory negligence doctrine is one of the harshest in the country, and a single statement — even something as seemingly harmless as "I think I'm okay" or "I may not have seen them coming" — can be used against you. Your attorney should be the one communicating with the trucking company's insurer on your behalf.
Mistake 4: Underestimating the Value of the Claim
Truck accident injuries are frequently severe. Spinal cord damage, traumatic brain injuries, crush injuries, amputations — the physical toll can be life-altering. And yet many victims, particularly those who are anxious to resolve the situation and move on, accept early settlement offers that fall far short of what their claim is actually worth.
A comprehensive truck accident claim in Maryland may include current and future medical expenses, lost wages and diminished future earning capacity, rehabilitation and long-term care costs, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly egregious conduct — such as a driver who was operating while fatigued in violation of federal hours-of-service regulations — punitive damages may also be available. An experienced litigator will calculate the full scope of your losses before recommending any settlement figure.
Mistake 5: Not Acting Quickly Enough
Maryland's statute of limitations for personal injury cases is generally three years from the date of the accident. That may sound like plenty of time. It is not — not if you want to build the strongest possible case.
Evidence deteriorates. Witnesses move on. The trucking company's legal team begins building its defense immediately. Every day that passes without legal representation is a day the other side has an advantage over you.
Injured in a Maryland Truck Accident? We Are Ready to Fight.
Rowe Weinstein & Sohn represents truck accident victims throughout Maryland, Virginia, and Washington, D.C. We are top-rated litigators with over 25 years of experience taking on trucking companies, commercial carriers, and their insurers — and winning.
If you or someone you love has been injured in a truck accident, do not wait. Call us today at (888) 482-3882 or reach out online to schedule your free consultation. We do not get paid unless you win.