Meliha Perez Halpern is now Senior Counsel at ChasenBoscolo

Truck Accidents

Helping You Seek Justice On Your Own Terms

Trucks can be a nuisance in a traffic jam, but they can be downright destructive in an accident. If you’ve been injured in a truck collision, you deserve to get help from a diligent attorney. At Pérez Halpern, LLC, we understand that the shock of a recent accident can make it difficult to move forward. Our team is here to guide you down the right path. We will listen to your input, give you a detailed overview of your legal options, help you file a claim, and argue for your right to recover as many damages as possible under the law. Our attorney will make sure you get fair compensation for your losses.

A set of rules called the Federal Motor Carrier Safety Regulations (FMCSR) apply to all trucking operations in the United States. Maryland, Virginia, and The District of Columbia share the federal laws that govern truck accidents, and they also have their own commercial vehicle laws on the state level. Even minor differences in the law can have a major impact in court. Our attorney can apply her impressive legal knowledge to your situation, working together with you to find the best possible outcome.

Maryland

Maryland adheres to the doctrine of “contributory negligence” when it comes to personal injury claims resulting from auto and truck accidents, which can complicate matters for truck accident plaintiffs. If the court finds you were at fault in any way for the accident occurring—even just 1% at fault—you won’t be able to recover any damages for your losses in court. Maryland has a Preventive Maintenance Program that requires commercial vehicles to get inspections on a regular basis. If a truck was not properly maintained, or needed repairs when the accident happened, you might be able to use this information in your truck accident case. Our lawyer can go over all the evidence available to you, making sure you have all the facts you need to make a strong argument. Let us know if anything comes to mind. We will always be there to answer your call.

Virginia

As with the contributory negligence rule in Maryland, you cannot recover compensation if you share any responsibility for a truck accident that occurs in Virginia. If the truck crash involved any deaths or if a driver was under the influence of alcohol, the at-fault driver will face legal action from the Commonwealth of Virginia, but you may still have to file a personal injury lawsuit to get personal compensation for your injuries and expenses. Keep in mind that the responsible party may not necessarily be the driver—it could be the trucking company or even a truck mechanic whose actions directly resulted in an accident occurring. With so many factors at play in your truck accident case, it’s important that you contact a respected law firm to handle your claims. We will work alongside you to make sure you get justice on your own terms.

District of Columbia

If your truck accident claim goes beyond the limits of your insurance coverage, you can take your case to court. As a plaintiff you may face the “contributory negligence” defense. According to this rule, if you share any degree of fault in the accident—no matter how small—you are barred from recovering any damages for your losses. Even so, you may be able to recover in other ways. Because trucking companies must follow a strict set of rules and regulations, you may be able to bring a lawsuit against the company (rather than the driver) and argue that their actions were careless or negligent. Even truck manufacturers, mechanics, and road designers can be found liable for truck accidents under the right circumstances. Every case is different, though, so you should consult with our attorney to get a clearer picture of your options.

Was the truck driver carrying more cargo or more passengers than the law allows? Was the driver’s company working him or her to the point of exhaustion? Does the truck’s “black box” show any evidence of mechanical problems relating to the crash? Even small details should be considered in light of your specific state laws. Pérez Halpern, LLC is here to make sure nothing gets overlooked. When you work with us, you will be in close contact with an experienced lawyer who will take all of your individual needs into account. We look forward to helping you examine all of your options and pursue the best possible course of action based on your unique situation.