Recently in Mechanicsville, one man lost his life after he was involved in an accident with a dump truck while riding his motorcycle. According to a report by Southern Maryland News Net, the accident occurred near the intersection of Route 5 and Thompson’s Corner Road just after 6:15 in the evening.
Evidently, the motorcyclist was heading north on Route 5 when he ran into the back of the dump truck, which was also heading north. The dump truck had just turned onto Route 5 from Thompson’s Corner Road.
The motorcyclist was ejected off his bike and was pronounced dead at the scene by emergency responders. The dump truck driver was not injured.
Police believe that speed and alcohol were contributing factors to the accident on the motorcyclist’s side. As for the dump truck driver, police believe that he failed to yield. Therefore, both parties seem to be at fault for the accident.
Maryland’s Strict Recovery Laws for Accident Victims
Maryland has some of the strictest laws when it comes to who can recover for an accident. Unlike many other states across the nation, Maryland only allows those accident victims who are completely free of fault to recover for their injuries.
This is due to an old legal doctrine called “contributory negligence.” Contributory negligence prevents any person from recovering for his or her injuries if he or she is any amount at fault for causing the accident. Thus, an accident victim who is just 5% at fault is in the same situation as someone who is 50% at fault.
Most of the country uses another method called “comparative fault” to determine who is able to recover for injuries after an accident. Under the comparative fault doctrine, an accident victim’s total recovery amount is reduced by the amount that he or she was at fault. For example, if an accident victim is awarded $500,000 for his or her injuries, but is found to be 30% at fault, the recovery amount would be reduced to $350,000.
The Importance of a Skilled Advocate
The strict laws in Maryland regarding who can recover after an accident places an increased importance on involving a skilled attorney early on in the process. Defendants will often attempt to shift a small portion of blame onto a plaintiff in order to completely avoid liability. In some cases, defendants are successful in doing that.
With an attorney’s assistance, however, you will be able to create a strong case that you are entitled to recover for your injuries.
Do You Need an Attorney?
If you have recently been injured in a Maryland truck accident, you may be entitled to monetary damages to help compensate you for your injuries or losses. However, keep in mind that if a judge or jury determines that you are even the littlest bit at fault for the accident, you may be completely barred from recovery. Do all that you can to preserve your chances of recovery by contacting a dedicated attorney. The lawyers at the Maryland personal injury law firm of Lebowitz & Mzhen Personal Injury Lawyers have the dedication and experience you need to feel confident bringing your case forward in any Maryland court. Call 410-654-3600 to schedule a free initial consultation today.
More Blog Posts:
Semi-Truck Crashes on I-95, Leaving Huge Stone Slabs on the Highway, Maryland Trucking Accident Lawyer Blog, published July 29, 2014.
Truck Accident in Frederick County Kills One Motorcyclist, Maryland Trucking Accident Lawyer Blog, published August 19, 2014.