Truck Accident Claims in Maryland
The safety and insurance rules for trucks in Maryland, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Maryland incorporates by reference the federal motor carrier safety regulations (49 CFR 40, 382, 383, 384, 387, 390-393, 395-399 and 1572), with state amendments and exemptions, for trucks, trailers and buses with a gross vehicle weight rating of 10,001 pounds or more. COMAR 11.21.01.02; COMAR 11.21.01.03
| Truck safety and insurance rules | Maryland incorporates by reference the federal motor carrier safety regulations (49 CFR 40, 382, 383, 384, 387, 390-393, 395-399 and 1572), with state amendments and exemptions, for trucks, trailers and buses with a gross vehicle weight rating of 10,001 pounds or more. They apply to all interstate carriers and to intrastate carriers hauling placarded hazardous materials or operating vehicles designed for 16 or more passengers; other intrastate carriers are covered by listed parts of the state rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Which federal parts each state regulation (.05-.14) covers for other intrastate carriers was not confirmed. 49 CFR 387.9: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 |
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| Fault rule (comparative negligence) | Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly. |
| Damage caps | Yes. Noneconomic damages (pain, suffering, disfigurement, loss of consortium and similar losses) in personal injury and wrongful death cases are capped. The cap was $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1. The cap that applies depends on when the cause of action arose. In a wrongful death case with two or more beneficiaries, the total noneconomic award may not exceed 150% of the cap. The jury is not told about the cap; the judge reduces any award above it. |
| Deadline to sue for an injury | Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period. |
More Maryland personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maryland
- Wrongful Death Lawsuits in Maryland
- Medical Malpractice Rules in Maryland
- Car Accident Claims in Maryland
- Dog Bite Liability in Maryland
- Motorcycle Accident Claims in Maryland
- Pedestrian Accident Claims in Maryland
- Bicycle Accident Claims in Maryland
- Uber and Lyft Accident Claims in Maryland
- Construction Site Injuries in Maryland
- All Maryland personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Maryland?
Maryland incorporates by reference the federal motor carrier safety regulations (49 CFR 40, 382, 383, 384, 387, 390-393, 395-399 and 1572), with state amendments and exemptions, for trucks, trailers and buses with a gross vehicle weight rating of 10,001 pounds or more. They apply to all interstate carriers and to intrastate carriers hauling placarded hazardous materials or operating vehicles designed for 16 or more passengers; other intrastate carriers are covered by listed parts of the state rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Maryland?
Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly.
Does Maryland cap damages in personal injury cases?
Yes. Noneconomic damages (pain, suffering, disfigurement, loss of consortium and similar losses) in personal injury and wrongful death cases are capped. The cap was $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1. The cap that applies depends on when the cause of action arose. In a wrongful death case with two or more beneficiaries, the total noneconomic award may not exceed 150% of the cap. The jury is not told about the cap; the judge reduces any award above it.
What is the statute of limitations for personal injury in Maryland?
Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.