Navigating DC’s bustling streets, large commercial trucks pose a significant risk to passenger vehicles, often leading to accidents that require the expertise of a dedicated DC truck accident attorney. A crash involving a commercial vehicle that may exceed 80,000 pounds can lead to devastating and often catastrophic consequences. And unfortunately, truck collisions are on the rise. When these bodily injuries occur due to negligence, the passenger vehicle’s occupants could have a viable injury claim. You should contact an experienced DC truck accident lawyer to determine your rights.
If you or a loved one has been hurt in a truck accident, you have the legal right to claim damages from all at-fault parties. Federal and state safety regulations and laws regulate the trucking industry. This is true whether your accident occurs near the Washington Monument, the U.S. Capitol, or on the outskirts of DC on I-295. A skilled Washington DC truck accident lawyer can assess all potential compensation avenues following a tractor-trailer collision.
Roger Gelb, a renowned DC semi-truck accident lawyer, has secured millions in compensation for victims, navigating the complexities of DC’s trucking laws and insurance claims. At Gelb & Gelb, P.C., vehicle accidents are our primary focus. We have handled thousands of personal injury cases for clients throughout the D.C. area. Our personal injury attorneys are committed to ensuring you understand your legal rights and obligations and remain informed.
Due to the inherent dangers of operating large commercial vehicles, the federal government has created extensive regulations for preventable truck accidents in DC. They have created federal safety regulation violations in DC to lessen the likelihood of a semi-truck crash. A deep understanding of the intricate federal and local DC regulations that govern truck operations is crucial for any truck accident claim. Our attorneys excel in dissecting these regulations to build a robust case for our clients. Our legal team’s proficiency in DC’s traffic and safety laws positions us as leaders in managing truck accident claims.
When a commercial driver is involved in a crash, whether they complied with federal regulations could be evidence of negligence. A seasoned tractor-trailer collision lawyer can review the facts of the accident. Our team will investigate the truck operator’s records to determine if a violation occurred. Some of the regulations that apply to federal trucks include:
Truck collisions can occur for various reasons, ranging from driver negligence to mechanical issues with the commercial vehicle. Common types of truck accidents include head-on collisions, rollover accidents, jackknife collisions, and under-ride collisions. Trucks also have blind spots due to their size and can crash into pedestrians, bicyclists, and other vehicles when making turns.
Following a truck accident, it is crucial to investigate all potential causes thoroughly. More than one party could be held accountable for the crash. The truck employer and driver may be at fault, and a victim could pursue a legal claim against all negligent parties. Thus, one must be diligent when seeking legal advice on truck accidents in DC.
From the bustling avenues near the Washington Monument to the busy interstates encircling the capital, our DC truck accident attorneys bring localized expertise to secure your rightful compensation.
The list of causes for a truck accident is nearly infinite. Here, we would like to highlight the causes related to truck accident cases in Washington, D.C. Whether your accident occurred near landmark locations like the Capitol or in high-risk areas such as the intersections around I-295 or I-495, our DC truck accident lawyers are ready to provide the specialized legal support you need
Mechanical truck issues that contribute to a crash can take different forms. They can then result in the manufacturer or the trucking company being held legally responsible for any resulting harm. The rationale is that with proper care, mechanical problems are avoidable. For example, brake issues, tire blowouts, and breakdowns that cause a severe accident can result in liability for the parties responsible for maintenance. A product liability claim may be appropriate if a defective truck part causes a crash. A top truck accident lawyer serving the DC area can assess whether a design or manufacturing defect played a role in causing the plaintiff’s injury.
Often, these accidents result directly from the negligence of the truck operator. Negligent, careless, or drunk driving also contributes to truck collisions. Due to a commercial truck’s large size and weight, maneuvering it is challenging and requires specific training to avoid obstacles such as blind spots. To properly turn and brake, drivers must pay attention to the road, anticipating the distance they will need to come to a complete stop. An overloaded truck, or one that is improperly loaded, could affect the ability of the driver to stop.
Additionally, federal Hours of Service rules regulate the number of hours a driver may operate their truck. This is important to protect other drivers. A tired driver is often unable to respond and use their vehicle appropriately. Of course, an accident does not need to fit neatly into one of these categories.
A breach of one’s duty of care as a truck driver is a sufficient first step for a negligence claim. To breach one’s duty of care, there must be an act or omission that causes the defendant’s conduct to fall short of the applicable standard of care in those circumstances. That definition is vague because that is how the law is. The classic standard is that of a reasonably prudent person in like circumstances. If the truck driver behaves the way a reasonably prudent person would not, then a jury would likely find a breach of duty. This satisfies one element of negligence, and you will be one step closer to a finding of liability.
Other examples of negligence that can contribute to an accident include truck drivers speeding, wide turns, overweight trucks, tire defects, rear-end collisions, jackknifes, rollovers, or even driving under the influence of drugs or alcohol.
The trucking company is another typical defendant in these cases. As long as the truck driver operates within the scope of their employment, an accident victim has the right to hold the truck company responsible. You may do so via vicarious liability. Vicarious liability allows you to hold a third-party responsible for the acts of its employee. You may sue the trucking company even if they were not involved in the accident. Even if they take steps to prevent the accident, you may still have a viable claim against the trucking company.
“Frolic and detour” is a classic theory in tort law. It refers to whether a driver is acting within the course and scope of his employment at the time of the accident. If the driver is on a frolic, he is operating outside the course and scope. Thus, the trucking company has no vicarious liability for the driver’s acts. What constitutes a frolic? This is a question for the fact finder at trial. During settlement negotiations, lawyers will argue each side, but it can be a toss-up in court.
A clear example of a frolic is if a trucker who is on a job from Florida to Maine through D.C. travels 80 miles west to Maryland to go to a bar. During such a frolic, even though the driver is completing a long haul, he needs to behave within the course and scope of his employment if he is driving 80 miles away from his route.
So, if he collides with your vehicle while he is on this frolic, the trucking company will likely not be vicariously liable. Whether a driver is on a frolic or not is generally something we can determine during the discovery phase of the trial. It is something a good DC truck accident lawyer will look for to ensure there is maximum coverage. Of course, a trucking company will likely have more than the driver acting in their capacity, and we want to provide total compensation for our clients.
Of course, if a trucker is on a detour, he still operates within his job’s duties, and his employer is vicariously liable for the trucker’s conduct. An example of a detour is if the truck driver drives three miles off his route to get dinner before returning to his route soon after. This is a minor detour, and the trucking company would still be vicariously liable.
Besides vicarious liability, we can prove liability by the trucking company through other methods. One such method is suing the employer for failing to train or hire their drivers properly. For example, suppose a trucking company employs a driver with a terrible driving record, including multiple speeding tickets, DUIs, or reckless driving charges. In that case, he is not fit to drive a truck. If the driver hits you while driving under the influence, speeding, or even negligently, you may have a case against the employer for a negligent hire.
The failure to maintain a truck in a safe working condition could also result in a negligence claim. What may appear to be a simple brake issue with the car or an even less obvious example may require some investigation by your DC truck accident lawyer. Such an investigation may reveal negligence by a mechanic working for the company who was negligent in inspecting the truck. This is especially common for garbage truck companies. Identifying the proper defendants is the first step in the truck accident timeline. A top truck accident lawyer in the area can investigate and identify all negligent parties responsible for an accident with a tractor-trailer.
No, most truck accident claims in DC do not go to trial. The vast majority do not. Ideally, we will be able to settle your case before filing suit in Washington, D.C. There are a few reasons why we prefer to do something other than do so. First, going to trial takes time. Once we file our complaint with the DC court, we must wait up to a year to get to trial. The District of Columbia court system is entirely backed up, even in 2023. And when you are in an accident, you may have exorbitant medical expenses. Waiting that long for your rightful compensation can put financial stress on you. We do not want that to happen. While the court is sometimes unavoidable, we would like your help as quickly as possible.
However, sometimes, we do need to take your case to trial. There are instances where the defendant disputes liability. A dash camera in your vehicle can help avoid these issues in the future. Once the defendant’s legal counsel or insurance provider sees that liability is clear and that they will lose in court, they often back down. However, we may proceed to discovery and trial without such indisputable evidence. We use witness testimony and any other evidence we can discover at trial. We may also be able to subpoena video evidence from the District or a nearby store or neighbor.
DC truck injury compensation can be complex. While there are formulas that make it relatively clear how much you suffer in damages, sometimes defense teams do not see it that way. When this happens, we have to go to trial to win you rightful compensation. Maximizing your compensation is always our goal. But of course, we will always discuss your options with you. Whether you choose to accept a settlement offer or go to trial is always your decision in the end. It is the job of your DC truck accident lawyer to explain each of their advantages and disadvantages.
Roger Gelb leads a team of great truck accident attorneys and compassionate and hard-working legal assistants. With over 70 years of experience, our semi-truck accident lawyers understand what it takes to get you the compensation you deserve. Whether we resolve your case via a settlement or alternative dispute method or bring the defendant to trial, we continuously aggressively pursue your recovery.
Our firm takes a client-centric approach. This means we make it our mission to always respond to client questions quickly. We want you to know that, no matter when you call, you will reach someone from our office 24/7. While our attorneys are not awake at all hours, the average response time outside traditional office hours is immediate. This is because we know how stressful the legal and recovery process can be following a nasty truck accident. When everything else in your life feels out of control, we will be the ones you can turn to.
Given the sheer weight difference between a truck and any other motor vehicle on the road, the potential for severe injuries is substantial. While this article hopefully will provide you with actionable tips to avoid truck accidents in the future, I have below a list of the most common types of truck accident injuries we encounter in practice.
In DC, truck accident victims may be entitled to comprehensive compensation, covering medical expenses, lost wages, and pain and suffering, as assessed by an experienced truck accident compensation attorney. Three primary categories go into an evaluation of damages. The first is medical expenses. After a truck accident, you may obtain total compensation for your medical expenses that are reasonable and related to the accident. Second, you may recover lost wages. But to recover this category of damages, you need a letter from a medical provider excusing you from work. Third is the noneconomic damage of pain and suffering. This needs to be more quantifiable and requires legal arguments to get on behalf of our client. But this is legitimate damage under the law, and you may recover it with help from a good truck accident lawyer.
Truck accident injuries can lead to lifelong pain, suffering, and medical complications. When a truck crash adversely impacts your future, it is vital to protect your legal rights. By pursuing a personal injury claim promptly, you can secure compensation for the debilitating injuries stemming from a truck accident.
A Washington, DC, truck accident lawyer could help you investigate your claim. By doing that, you can decide to sue or settle. Our experienced truck accident lawyers in Washington, D.C., proudly provide clients with effective legal representation for their personal injury claims. He ensures our clients avoid the common mistakes after a DC truck accident. Those injured in a truck or other vehicle collision can rely on the experience and dedication of Mr. Gelb and the team at Gelb & Gelb, P.C. Secure your future following a truck accident in Washington, DC, by consulting with our leading truck accident injury lawyers. Let us advocate for the compensation you rightfully deserve.
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