Legal Concepts in Maryland Truck Accident Lawsuits

Being involved in a truck accident or losing a loved one in such an incident can be devastating. At Lebowitz & Mzhen, we understand the pain and confusion you may be experiencing. If you find yourself in this situation, knowing some basic legal concepts can help you navigate through this difficult time.

Who Can Be Held Liable in a Truck Accident?

Liability is a crucial concept in truck accident lawsuits. Unlike car accidents, truck accidents can involve multiple parties who may share responsibility. Here are some potential parties that could be held liable:

Truck Driver: If the driver was negligent, such as driving under the influence or being distracted, they can be held responsible for the accident.

Trucking Company: Sometimes, the trucking company may be liable if they failed to maintain the truck properly, pushed drivers to meet unrealistic deadlines, or hired unqualified drivers.

Manufacturers: If a defective truck part caused the accident, the manufacturer of that part could be held accountable.

Cargo Loaders: Improperly loaded cargo can lead to accidents, making the cargo loading company liable.

Determining liability often requires a thorough investigation. This may include reviewing police reports, examining the truck’s black box data, and interviewing witnesses.

What Is Comparative Negligence?

Maryland follows the doctrine of contributory negligence, which can significantly impact your case. Under this rule, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. This can be harsh compared to other states that use comparative negligence, where you can still recover damages even if you are partially at fault.

Due to Maryland’s strict contributory negligence rule, it’s essential to gather strong evidence to prove that you had no fault in the accident. An experienced attorney can help you build a robust case to counter any claims of contributory negligence.

How Are Damages Calculated in a Truck Accident Case?

Damages refer to the compensation you may receive for your losses. In truck accident cases, damages can be categorized into economic and non-economic damages.

Economic Damages: These include tangible losses such as medical bills, lost wages, and property damage. It’s crucial to keep all receipts, bills, and documents related to your expenses.

Non-Economic Damages
: These cover intangible losses like pain and suffering, emotional distress, and loss of companionship. While these are harder to quantify, they are an essential part of your compensation.
In some cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or malicious. However, these are rare and typically require clear and convincing evidence.

Do You Need a Lawyer for a Truck Accident Lawsuit?

Given the complexity of truck accident cases, having a lawyer can be immensely beneficial. Trucking companies and their insurers often have robust legal teams to protect their interests. Without legal representation, you might find it challenging to negotiate a fair settlement or understand the full extent of your rights.

A lawyer can help you with:

  • Investigating the accident thoroughly.
  • Identifying all liable parties.
  • Gathering and preserving crucial evidence.
  • Negotiating with insurance companies.
  • Representing you in court if necessary.

Speak with a Maryland Truck Accident Lawyer Today

At Lebowitz & Mzhen, we are dedicated to helping truck accident victims and their families. Our goal is to provide compassionate support and fight for the compensation you deserve. If you or a loved one has been hurt in a truck accident, don’t hesitate to reach out to us for a free consultation. We are here to help you navigate this challenging time and seek justice for your suffering. We represent clients in Prince George‚Äôs, Baltimore, Charles, and Montgomery counties. To learn more, call us today at 800-654-1949 and schedule a free and no-obligation initial consultation.

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