After a Maryland truck accident, anyone injured in the accident can pursue a claim for compensation against any party they believe was responsible for causing their injuries. In many truck accident cases, both the truck driver as well as the driver’s employer can be named as a defendant.
To establish liability against a trucking company, the plaintiff must be able to show that the truck driver was acting within the scope of his employment at the time of the accident. Naming a truck driver’s employer as a defendant can be critical to an injury victim’s ability to fully recover for their injuries because the damages sustained in a serious Maryland truck accident may exceed the personal insurance limits of an individual truck driver.
Under Maryland law, when a plaintiff names multiple defendants in a lawsuit, the jury will first determine the total damages suffered by the plaintiff. Then, the jury will be asked to assign a percentage of fault to each party, including the plaintiff.
If the plaintiff is found to be even partially at fault for causing the accident that resulted in their injuries, the plaintiff will be precluded from recovering for their injuries. This is because Maryland courts apply the outdated doctrine of contributory negligence when determining which plaintiffs are entitled to recover for their injuries. Most other states treat a plaintiff’s negligence as any other party’s negligence, and will reduce the plaintiff’s damages award by their own percentage of fault.
Two Women Killed in Head-On Collision with Cement Truck
Earlier this month, a three-vehicle accident resulted in the deaths of two women. According to a local news report covering the tragic accident, a Ford Escort was traveling eastbound as it approached an intersection. At the same time, a Chevrolet Tahoe approached the same intersection. Evidently, the Escort failed to yield as it entered the intersection, striking the Tahoe.
The force from the collision pushed the Escort into the northbound lane, where it collided head-on with a cement truck. Both the driver and passenger in the Escort were pronounced dead as a result of the injuries they sustained in the accident. The driver of the Tahoe was hospitalized with minor injuries.
An investigation into the fatal accident is ongoing. However, police told reporters that they do not plan on filing charges against any of the surviving motorists, because they believe that the driver of the Escort was under the influence of drugs at the time of the collision.
Have You Been Injured in a Maryland Truck Accident?
If you or a loved one has recently been injured in a Maryland truck accident, you may be entitled to monetary compensation for the injuries you have sustained. At the Maryland personal injury law firm of Lebowitz & Mzhen, LLC we have over 20 years of experience representing truck accident victims across Maryland, Virginia, and the District of Columbia. To learn more about how we can help you pursue a claim for compensation against the parties responsible for your injuries, call 410-654-3600 to schedule a free consultation today.