How to File a Truck Accident Claim in Maryland: Step-by-Step Guide

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Filing a Truck Accident Claim in Maryland: What to Do Next

Detailed answer — Steps to file a claim after a truck crash in Maryland

This is a general, plain-language guide to help you understand how to pursue compensation after a commercial truck crashes into you in Maryland. This is not legal advice. Talk to a lawyer about the specific facts of your crash.

1. Get safe and get medical care

Seek emergency care right away for injuries. Your health comes first. Document injuries and keep all medical records and bills — they are critical evidence for any claim.

2. Report the crash and obtain a police report

Call 911 if needed. Ask the police officer how to obtain the official crash report. A police crash report helps establish what happened and who the officer thought was at fault.

3. Preserve evidence at the scene

If you can safely do so, take photos and video of the vehicles, skid marks, road signs, traffic signals, damage, and your visible injuries. Write down the names and contact information of witnesses and other drivers. Keep your vehicle in a safe place and do not return it to normal condition until after you have documented damage (your attorney will advise what to keep or preserve).

4. Collect insurance and driver information

Get the truck driver’s name, company name, license plate, and insurance information. Commercial trucks often list the motor carrier on the side of the truck; note any USDOT or MC numbers. Commercial carriers often carry higher insurance limits than passenger vehicles.

5. Notify your insurance company — but be careful

Report the crash to your own insurer promptly if your policy requires it. Be factual and brief. Avoid detailed statements about fault or long recorded statements before you understand the full picture. Insurance adjusters will investigate and may use early statements against you.

6. Identify potential defendants

Possible liable parties include the truck driver, the motor carrier (employer), the vehicle owner, maintenance companies, cargo loaders, and component manufacturers. In many commercial-truck cases, the employer (trucking company) is a primary defendant under respondeat superior if the driver was working at the time of the crash.

7. Preserve and obtain records

Ask your attorney to get critical trucking records quickly. These include the driver’s logbooks (hours of service), electronic logging device (ELD) data, driver qualification file, maintenance and inspection records, dispatch records, and cargo documents. Federal safety rules and FMCSA records often control retention; some records are lost or altered if not preserved fast.

8. Understand claims versus lawsuits

Start with a claim against the truck’s insurance. Most cases settle after a demand and negotiations. If the insurer declines fair compensation or denies liability, you may file a lawsuit. Filing a lawsuit starts a formal civil case in court and triggers discovery (exchanging evidence), depositions, motions, and possibly trial.

9. Where to file a lawsuit in Maryland

Serious personal-injury lawsuits typically proceed in Maryland Circuit Court. Less serious civil matters may be heard in District Court. An attorney will advise the proper venue and court based on damages, complexity, and defendants.

10. Watch the statute of limitations

In Maryland you generally have three years from the date the injury occurred to file a personal-injury lawsuit. See Maryland Courts & Judicial Proceedings, § 5-101: Md. Cts. & Jud. Proc. § 5-101. Missing that deadline can bar your claim except in very limited circumstances.

11. Types of damages you can seek

  • Economic damages: medical bills, future medical costs, lost wages, loss of earning capacity, vehicle repair/replacement, and other out-of-pocket losses.
  • Non-economic damages: pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive damages: rare, awarded only when the defendant’s conduct was especially reckless or intentional.

12. Typical timeline and process

  1. Investigation and preservation of evidence (days to months).
  2. Demand package and settlement negotiations (months).
  3. If no settlement: file a lawsuit, engage in discovery (document requests, depositions) and mediation (months to years depending on complexity).
  4. Trial if necessary and resolution by verdict or post-trial settlement.

13. Why truck cases differ from car accidents

Commercial trucks are governed by federal and state safety and maintenance rules. Trucks may carry higher insurance limits but also raise complex liability and causation issues (driver fatigue, improper loading, maintenance failures, or hiring/retention practices). Expect a more complex investigation and stronger defense from trucking companies and insurers.

14. When to hire an attorney

Contact a lawyer as soon as possible if you have serious injuries, complex liability, catastrophic losses, or if the trucking company’s insurer offers a quick low-ball settlement. A lawyer preserves evidence, handles negotiations, coordinates medical documentation, and files suit if needed. Many personal-injury attorneys take truck-crash cases on contingency fees (they are paid from a recovery).

Key Maryland legal resources

Important: This is educational information, not legal advice. Every case is different. Consult a Maryland-licensed attorney for advice about your specific claim.

Helpful hints — quick checklist after a truck crash in Maryland

  • Get medical care immediately; follow all medical instructions and keep records.
  • Call police and get the crash report number and officer’s name.
  • Take photos and videos of the scene, vehicle damage, road conditions, and your injuries.
  • Collect names and contact information for the truck driver, motor carrier, witnesses, and any responding officers.
  • Write down everything you remember as soon as possible — impressions fade quickly.
  • Notify your insurer, but avoid lengthy recorded statements until you talk with a lawyer.
  • Preserve vehicle and clothing evidence; do not sign documents from the trucking company or insurer without attorney review.
  • Ask your doctor for a detailed record of your injuries and expected recovery.
  • Keep a pain diary and a record of expenses and lost time from work.
  • Contact a Maryland personal-injury lawyer early to preserve trucking records and evidence.

Disclaimer: This article explains general Maryland procedures and legal concepts. It is not legal advice and does not create an attorney-client relationship. For advice about your case, consult a licensed Maryland attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.