Any time a truck driver’s negligence results in a Maryland truck accident, the responsible parties may be liable to the victims of the accident for their injuries. In the event that other motorists involved in the accident are killed, the surviving family members may consider filing a Maryland wrongful death lawsuit.
Maryland’s Wrongful Death Statute
Under Maryland Code section 3-904, the surviving loved ones of an accident victim can pursue a wrongful death claim seeking compensation for the loss of their loved one. In order to successfully recover in a Maryland wrongful death claim, a plaintiff must first establish that they are a proper party.
Maryland law allows for a “primary beneficiary” to bring a wrongful death claim. A primary beneficiary is anyone who is the spouse, child, or parent of the deceased. If the deceased does not have a primary beneficiary, then a secondary beneficiary can bring a Maryland wrongful death lawsuit. A secondary beneficiary is defined as anyone who was related to the deceased by blood or marriage, and was “substantially dependent” upon them.
Once a plaintiff establishes they are a proper party, then they must prove the elements of their claim. Specifically, this requires the plaintiff show that a negligent act or omission of the defendant caused their loved one’s death.
The available damages in a Maryland wrongful death case depend on the relationship between the parties. For example, a successful wrongful death plaintiff may recover amounts for emotional pain and suffering and loss of companionship.
Couple Killed in Logging Truck Accident
Earlier this month, a husband and wife were killed in a logging truck accident. According to a recent news report, the accident occurred around 4:30 in the morning, just a few miles from the couple’s home. Evidently, the fatal accident occurred when the logging truck made a left turn in front of the couple’s pick-up truck, cutting them off and leaving them no time to avoid a collision.
Reporters spoke to neighbors, who explained an ongoing concern that truck drivers routinely speed down this particular portion of the highway during early morning hours when it was still dark outside. Police have begun an investigation into the fatal accident, and criminal charges are pending against the truck driver.
Have You Lost a Loved one in a Maryland Truck Accident?
If you have recently lost a loved one in a Maryland truck accident, the dedicated Maryland wrongful death attorneys at the law firm of Lebowitz & Mzhen, LLC can help. At Lebowitz & Mzhen, we have decades of experience helping the families of Maryland accident victims obtain the compensation they deserve. We handle Maryland truck accident cases, as well as other automobile accident cases across Maryland, Virginia, and the District of Columbia. To learn more, and to speak with a compassionate advocate about your options, call 410-654-3600 to schedule a free consultation today.
More Blog Posts:
Maryland Roadside Truck Accidents, Maryland Trucking Accident Lawyer Blog, published August 29, 2018.
The Dangers of Improperly Maintained Tires on Maryland Semi-Trucks, Maryland Trucking Accident Lawyer Blog, published September 5, 2018.