Do I have a personal injury case after a semi-truck accident? How do insurance companies handle truck wrecks? What is the difference between interstate vs. intrastate cases? Our Frederick, MD truck wreck lawyer answers your common questions about the trucking industry.
As Frederick MD truck accident lawyers, we field a number of questions about individual trucking companies, the trucking industry, and, of course, truck accident cases. Below, we have compiled our answers to our most frequently asked questions. If you have a question that you would like us to answer, please feel free to contact us.
Injured in an accident involving a commercial motor vehicle? The Fredrick, MD truck accident attorneys at the Poole Law Group are here to help you with your truck accident claim. Call us today for a free consultation: 301-790-3600.
Read More: How Do I Retain the Best Frederick, MD Personal Injury Lawyer?
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What is the difference between interstate and intrastate?
Interstate means between states; intrastate means within one state. This distinction matters in the transportation industry, as regulations and laws will vary by state; interstate or long-haul truck drivers must follow laws that oversee the transportation of goods across state lines along the Interstate Highway System, a network of freeways that connect multiple states. Finally, regulations may also vary by the type of commerce involved; interstate commerce is subject to federal safety regulations, while intrastate commerce may be subject to state safety regulations.
Why does this matter in your truck accident case? Penalties for violations of interstate and intrastate regulations vary. For example, the FMCSA can levy civil penalties on drivers or carriers for intrastate violations, which can range from $1,000 to $16,000 per violation. Moreover, interstate truck operators may have more extensive insurance coverage than intrastate trucking companies.
Understanding the distinction between interstate and intrastate laws is fundamental to our work as Frederick, MD truck accident attorneys.
If you have been injured in a truck accident in Frederick, Hagerstown, or elsewhere in Maryland, our truck accident attorneys are here to help. Call 301-790-3600 for a free legal consultation on your truck accident case.
I’ve been injured in a semi-truck accident. Do I have a case?
You may be able to file a personal injury lawsuit if you suffered serious injuries as a result of the accident and if the truck driver or trucking company was negligent, reckless, or intentionally at fault. If you believe you have a truck accident case, it’s important to talk to a Maryland truck accident attorney to understand your legal options.
The first consideration in the viability of your case is your damages. “Damages” refers to the expenses, both financial and intangible, that you incur as a result of the accident. This could be medical bills, property damage, wage loss, or loss of income (“economic damages”), or pain and suffering, mental anguish, and even loss of intimate relations (“noneconomic damages”).
The second consideration is liability, or who is at fault. Maryland is one of only a handful of states that applies contributory negligence when determining liability: if a plaintiff is found even 1% at fault for the accident, they will not be able to bring a lawsuit against the other party — even if they are found to be 99% at fault!). However, there may be ways of overcoming this defense, and therefore still winning your case.
While the prospect of suing a trucking company may seem daunting, we do it successfully every day. To learn more about the Poole Law Group and how we can help you file a truck accident lawsuit, call us at 301-790-3600.
How do insurance companies handle truck wrecks?
Every trucking company (also called a “motor carrier”) is required to have at least $750,000 in insurance, in accordance with FMCSA guidelines. The trucking company pays insurance premiums, just like all drivers do on their insurance policies. The insurer is required to pay up to the coverage maximum on insurance claims involving their insureds.
Trucking accidents are generally more complicated than other motor vehicle accidents; not only do they involve greater damages, but they can involve multiple insurers and types of insurance policies. This may include liability insurance, which covers damages caused by the insured’s negligence, as well as Personal Injury Protection (“PIP”), which pays for lost wages and medical costs regardless of who is at fault.
Just like with any accident, the insurance company will do what they can to pay as little as possible on your claim. They may deny the claim outright, delay settlement discussions—and defend their financial interests in court. Most insurance companies will initially offer a much smaller settlement amount than your case may be worth. Never accept an insurance settlement on a trucking case without speaking to an attorney first.
An experienced truck accident attorney can help you resolve your truck accident claim for its full, fair compensation. Speak to one of our dedicated Maryland truck accident attorneys today: 301-790-3600.
What is a “wrongful death” in a trucking accident?
A wrongful death in a trucking accident occurs when someone dies due to the negligence or wrongful act of another party, such as a truck driver, trucking company, or other responsible entity. These cases are typically civil lawsuits brought by the truck accident victim’s family or estate to seek compensation for their loss, and hold the responsible parties accountable for preventable tragedies.
Several parties involved in a trucking accident could potentially be held liable for wrongful death, including the truck driver, the trucking company, the broker, a parts manufacturer, or even a third party involved in the crash. To pursue a wrongful death claim, the plaintiff must prove that the death resulted from the defendant's negligence or intentional misconduct, which directly caused the accident.
If you have a wrongful death case involving a dump truck, semi-truck, box truck, or other large commercial vehicle, call the compassionate attorneys at Poole Law Group today to discuss your claim: 301-790-3600.
What is a CDL license, and what is the difference between a CDL and a non-CDL driver?
A Commercial Driver's License, or CDL, is a special driver’s license that is required to operate large, heavy vehicles. Drivers of semi-trucks, buses, or vehicles carrying hazardous materials are required to carry a valid CDL. Non-CDL drivers are permitted to drive non-commercial vehicles under certain weight and capacity restrictions.
There are three main differences between a CDL license and a standard driver's license:
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Vehicle size: A CDL is needed to drive large, heavy vehicles exceeding a specific weight (26,000 pounds), while a non-CDL license is for smaller vehicles like cars and light-duty trucks.
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Training requirements: Obtaining a CDL in Maryland involves more extensive training and testing compared to getting a standard non-CDL license. Drivers may need to pass a skills test, written exam, driving test, and in some cases also a medical exam and background check.
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Commercial use: A CDL is primarily used for commercial driving jobs like truck driving; a non-CDL is for personal transportation. Standard driver’s licenses and CDLs are non-transferable, meaning that one is not a substitute for another.
If you have been injured in a Maryland truck accident in which the driver’s CDL status is in question, you need the truck accident attorneys at the Poole Law Group. Call us at 301-790-3600 for a free case consultation.
What permits do interstate truck drivers need?
Interstate truck drivers in the U.S. must obtain several key permits and certifications to legally operate across state lines. These include:
Commercial Driver's License (CDL)
The type of CDL an interstate truck driver needs depends on the weight, the passenger capacity, and the cargo class of the vehicle they will drive. Driving light, low-occupancy trucks with nonhazardous loads requires a different type of CDL than driving heavy trucks with multiple passengers and/or hazardous materials.
There are generally three types of driving class codes for CDLs:
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Class A CDL: Required for operating combination vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more, including a towed unit that weighs more than 10,000 pounds.
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Class B CDL: For operating single vehicles with a GCWR of 26,001 pounds or more or towing a vehicle not exceeding 10,000 pounds.
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Class C CDL: Needed for transporting hazardous materials or carrying 16 or more passengers (including the driver).
Driver’s Endorsements
Additionally, depending on the type of cargo or vehicle, drivers may need specific endorsements and requirements through the state of Maryland:
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Hazardous Materials (HazMat) Endorsement (H) – Required for transporting hazardous materials.
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Tanker Endorsement (N) – For driving vehicles that carry liquid or bulk material.
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Doubles/Triples Endorsement (T) – Required for pulling double or triple trailers.
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Passenger Endorsement (P) – For carrying passengers.
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Combination of HazMat and Tanker Endorsement (X) – For drivers who haul hazardous liquids.
Electronic Logging Device (ELD)
Finally, truck drivers who cross state lines must use an Electronic Logging Device, or ELD, to track their hours of service (HOS). This helps ensure compliance with FMCSA’s regulations on the number of hours a driver can be on duty or driving\ and prevents trucking companies from overassigning deliveries to their fleet staff.
What state does not transfer CDL records from state to state?
The Federal Motor Carrier Safety Administration (FMCSA) mandates that all U.S. states transfer and share CDL records with one another through the Commercial Driver's License Information System (CDLIS). This system ensures that a driver's commercial license status, violations, and other relevant information follow them when they move from one state to another.
If you have additional questions about the truck wrecks, truck accident cases, or related queries about our services, please let us know: 301-790-3600.
FOOTNOTE: With more than 14 million trucks on the road—and 8.5 million Americans working in the field—the trucking industry is a powerful economic sector. While freight, tonnage, and profits have been on the rise since 2022, commercial trucking accidents are also growing increasingly common. In 2022 alone, more than 5,800 trucks were involved in fatal crashes; this represents a 49% increase in truck-related fatalities since 2012.
