Proving Negligence in Fatal Maryland Truck Accidents

According to the National Safety Council, at least 42 people lost their lives in Maryland truck accidents in 2021. Given their typical size compared to a standard car, large tractor-trailers and other trucks can cause serious accidents. Fatal truck accidents often take a severe emotional and financial toll on the deceased victim’s family. Pursuing a wrongful death lawsuit against the responsible party can help the deceased victim’s family recover compensation for their harm.

As a recent news article reported, a man lost his life in a Baltimore County, Maryland truck accident. The man was driving a Nissan Altima at an intersection near I-95 when a tractor-trailed rear-ended his car. Sadly, he died at the scene. His passenger was transported to the hospital for his injuries. The cause of the crash remains under investigation.

What Are the Elements of a Maryland Wrongful Death Claim?

If your loved one has died in a Maryland truck accident, you may consider bringing a wrongful death claim against the responsible driver. In Maryland, a wrongful death claim provides an avenue for redress when the deceased is not alive to sue the party responsible for their death. Instead, a deceased person’s family members can file a wrongful death claim so long as the deceased could have sued the defendant. As a result, the elements of a wrongful death claim are similar to those in a typical negligence lawsuit. To hold a truck driver liable for wrongful death, the deceased victim’s family must prove the driver owed the deceased a duty of care, breached that duty by acting carelessly or failing to act, caused the fatal truck accident in question, and that the victim died as a consequence. If the judge or jury finds the truck driver liable, the driver must pay damages to the victim’s family in the form of monetary compensation.

Can You Sue a Truck Driver’s Employer for Negligence?

If a truck driver was performing work for their employer at the time of your accident, you may be able to sue to the employer. This theory of liability is known as respondeat superior or vicarious liability. Proving respondeat superior does not prove that the employer is liable for wrongful death. Instead, respondeat superior establishes that an employer could be liable if the plaintiff proves the necessary elements of a negligence claim: duty, breach, causation, and damages. To clear this first step to holding an employer liable, the plaintiff must prove that the truck driver was acting in the scope of employment at the time of the accident. Typically, an employee acts within the scope of employment when they perform work in their designated workspace within a scheduled time in furtherance of the employer’s business. For truck drivers, acting in the scope of employment may include completing a delivery on a predetermined route at a scheduled time. An experienced Maryland personal injury attorney can help you create the strongest argument to hold employers liable for damages.

Have You Lost a Loved One in a Fatal Maryland Truck Accident?

If your loved one has died in a Maryland truck accident, contact the attorneys at Lebowitz & Mzhen to understand your options. Our attorneys provide compassionate representation to truck accident victims and their loves ones throughout Prince George’s, Charles, Baltimore, and Montgomery County. Through our skills and experience in Maryland personal injury law, we will work tirelessly to pursue the compensation you and your loved ones deserve. To discuss your case with an experienced Maryland truck accident attorney, call our office at (800) 654-1949.

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