A tragic accident has highlighted a sobering truth for Maryland drivers: you never know when catastrophe might hit. A 62-year-old man was killed on April 17th when a semi-truck attempted an unsafe pass. According to a local news report covering the incident, the victim was driving his tractor around 8 a.m. on a Friday morning when a semi-truck, driven by a 43-year-old man, attempted to pass him. The tractor then made a left turn into the driveway and was rear-ended by the semi-truck. This accident left the tractor driver dead.
Although most truck operators drive safely, it is inevitable that when trucks pass other vehicles there is an increased chance of an accident. While passing, in general, can always be risky, trucks are an increased risk because they cannot drive over a certain speed and because of their large size, which blocks other vehicles from passing or merging for a time. Truck drivers, therefore, must be very careful when passing, because they could be held liable in a civil negligence suit if they make an unsafe pass that results in an accident.
If an accident does occur, those injured have a path to recovery under Maryland law. Generally, the plaintiff will need to prove four things. First, that the defendant owed a duty of care to drive and pass carefully. This is generally established if the defendant was operating a truck on the highway. Second, that the defendant breached their duty of care. Usually, proving this involves expert testimony and accident reconstructionists, who explain how the defendant acted carelessly or why they should not have attempted to pass when they did. Third, the plaintiff must prove that the defendant’s unsafe pass was the proximate cause of the accident. For example, if the driver made an unsafe pass three minutes before the accident occurred, the driver may be able to argue that their unsafe pass did not cause the accident. The final element a plaintiff must prove is that they suffered compensable damages as a result of the defendant’s negligence. Usually, this is proven through the introduction of medical records and expert witness testimony.
Do You Need A Maryland Truck Accident Attorney?
If you have recently been injured in a Maryland truck accident, you may be able to hold the truck driver and their employer liable for your injuries. At Lebowitz & Mzhen, Personal Injury Lawyers, we can help you through this difficult and often-confusing process every step of the way. Our dedicated attorneys have been representing Maryland plaintiffs for over two decades and our firm prides itself on providing excellent client representation at every step in the process. When you work with us, you know you are working with attorneys who care about you and your family, and we will dedicate ourselves to ensuring you get the compensation you deserve. If successful, we may be able to earn you compensation for your pain and suffering, past and future medical costs, lost wages, and more. To learn more and discuss your case with a personal injury lawyer, call us today at 800-654-1949.