Last month, a tragic Maryland truck accident left one dead and another injured in Derwood, Maryland. According to a local news report covering the incident, the crash occurred between a car and a box truck on Shady Grove Road early one morning. As a result of the crash, the box truck tumbled over the embankment, landing on its side and trapping the driver inside. The driver of the car was taken to the hospital with serious injuries, where he was later pronounced dead. Officials found it difficult, however, to immediately access the truck’s driver. Because of the slope of the embankment, rescue workers from Montgomery County Fire and Rescue were brought in and had to use a system of ropes with a medical basket attacked to get the driver of the truck free. He suffered serious, but not life-threatening, injuries and was taken to the hospital for treatment.
In cases like this, those who were injured (or the deceased’s family) may be interested in pressing charges against the other party to recover financially for their injuries. But sometimes, it is very unclear who was negligent and caused the accident. And, in some cases, both parties might believe that the other was negligent. For example, if the family of the deceased driver decides to file suit against the box truck driver, they may bring in evidence and an expert witness who can reconstruct the accident and explain what likely happened in a way that points the finger at the truck driver as being the negligent one. However, the defendant truck driver may come back with a defense of contributory negligence. This means they may bring in other evidence—usually a different expert witness—trying to prove that the plaintiff was also negligent, and that their negligence contributed to the crash.
For example, suppose the plaintiff brings into evidence that the truck driver was texting while driving, and that he swerved and hit the plaintiff’s car. This points to him as being negligent. However, the truck driver may want to bring in other evidence that the car driver ran a red light right before the accident, which placed him in the lane even though he should have been stopped by the light. In this case, both sides argue that the other was negligent and played a role in causing the crash. Depending on the strength of the evidence and the jury, these cases could go several ways—with a verdict finding the defendant not liable, finding the defendant liable, or finding them both negligent. In the latter, the plaintiff’s damages may be reduced by the percentage “fault” he was thought to have been at.
Contact a Maryland Truck Accident Attorney
Sometimes, families may find themselves struggling in the aftermath of a Maryland truck accident, wondering how they can recover the money they need to cover all the accident-related expenses. While a personal injury suit is an option for many, it can be complicated—especially if the crash is under investigation and it’s not clear how it happened. Contact the attorneys at Lebowitz & Mzhen, LLC, today to discuss your case and your options for pursuing recovery even with uncertain facts. We can be reached at 800-654-1949, or through our online form.