Earlier last month, a Ford Truck and a dump truck collided near Moores Road, resulting in one fatality. A Maryland news report stated that the accident occurred in Prince George’s County in Brandywine, Maryland. Apparently, right after rush hour Maryland State Police responded to a call about a serious accident. Police officials explained that when they arrived they found that two drivers had been seriously injured.
An investigation revealed that the man who was driving the Ford truck was proceeding west on Moores Road. Evidently, he was in the process of crossing the northbound lane. The other driver, who was traveling in a dump truck, was driving down the northbound lane. The dump truck ended up hitting the Ford’s driver’s side. Emergency personnel immediately transported both injured individuals to Southern Maryland Hospital. Unfortunately, the driver of the Ford truck was pronounced dead by the emergency room physician.
Liable Parties in Negligence Cases in Maryland
Unfortunately, driving is a risk most individuals take on on a daily basis. Driving entails the possibility of a car accident and in some cases serious injury or even death. In these types of cases, injured victims or their family members may considering bringing a personal injury suit against all negligent and culpable parties. Many people are unaware of all the parties that can be liable in these types of cases. In truck driving cases, it is possible that the trucking company in addition to the actual driver may be held liable.
Trucking companies owe a duty to all other drivers on the road. This is a broad duty, including such things as ensuring that their trucks are in working order and that their drivers are trained properly. When an accident occurs because of things such as a malfunctioning truck or a negligent or improperly trained driver, the company may be included as a party.
Truck companies often are concerned with maximizing their profits, and this can in turn lead to cutting corners in maintaining their fleet. Additionally, they may require their drivers to drive long distances without breaks, and this can lead to driver fatigue. If an accident occurs because of this sort of negligence, the trucking company may be held liable.
Contributory Negligence in Maryland
Even if an individual can prove that the other party or their employer was negligent, the defendant is still able to put forth a defense, and in many situations they will assert that even if they were negligent the plaintiff was negligent as well.
Maryland is one of the few states that still follow the contributory negligence standard. In Maryland, if the plaintiff is found to have contributed to their own injury in any way, they will not be able to recover compensation at all. In the above situation, if the Ford driver’s family wants to bring a suit against the dump truck driver or their employer, the defendants may respond that the accident would not have occurred if the victim did not switch lanes. They would have to show that the plaintiff did not exercise due care.
Have You Been Injured in an Accident Because Of Another’s Negligence?
As you can see, personal injury cases, especially in Maryland, can be extremely difficult to pursue. Not only can there be several parties involved, but defendants can often rebut all responsibility by using the doctrine of contributory negligence. It is highly recommended that you contact an attorney at Lebowitz & Mzhen Personal Injury Lawyers to discuss your rights and remedies. One of the dedicated attorneys can assist you in getting what you deserve. You may be entitled to monetary compensation for your injuries if your suit is successful. Contact our office at 800-654-1949 to schedule a free initial consultation.
More Blog Posts:
Maryland’s Winter Weather Partially Responsible for Cattle Truck Accident, Maryland Trucking Accident Lawyer Blog, published March 27, 2015.
Maryland Truck Driver Facing Criminal Charges for 2013 Fatal Accident, Maryland Trucking Accident Lawyer Blog, published February 25, 2015.