According to the National Safety Council, at least 42 people lost their lives in Maryland truck accidents in 2021. Given their typical size compared to a standard car, large tractor-trailers and other trucks can cause serious accidents. Fatal truck accidents often take a severe emotional and financial toll on the deceased victim’s family. Pursuing a wrongful death lawsuit against the responsible party can help the deceased victim’s family recover compensation for their harm.
As a recent news article reported, a man lost his life in a Baltimore County, Maryland truck accident. The man was driving a Nissan Altima at an intersection near I-95 when a tractor-trailed rear-ended his car. Sadly, he died at the scene. His passenger was transported to the hospital for his injuries. The cause of the crash remains under investigation.
What Are the Elements of a Maryland Wrongful Death Claim?
If your loved one has died in a Maryland truck accident, you may consider bringing a wrongful death claim against the responsible driver. In Maryland, a wrongful death claim provides an avenue for redress when the deceased is not alive to sue the party responsible for their death. Instead, a deceased person’s family members can file a wrongful death claim so long as the deceased could have sued the defendant. As a result, the elements of a wrongful death claim are similar to those in a typical negligence lawsuit. To hold a truck driver liable for wrongful death, the deceased victim’s family must prove the driver owed the deceased a duty of care, breached that duty by acting carelessly or failing to act, caused the fatal truck accident in question, and that the victim died as a consequence. If the judge or jury finds the truck driver liable, the driver must pay damages to the victim’s family in the form of monetary compensation.