Earlier this week in an accident in Howard County, a Cooksville man was killed when he rear-ended a broken-down box truck that had been partially pulled off the road. According to a report by the Baltimore Sun, the accident occurred around 9 in the morning on I-70, near the Route 32 intersection.
Evidently, the victim was traveling eastbound in the left lane of I-70 when he struck the broken-down box truck from behind. Police told reporters that the truck had only partially been pulled off the side of the road, and that part of the truck was protruding into the leftmost lane of traffic.
The driver of the car was pronounced dead by Howard County Department of Fire and Rescue as soon as they arrived on the scene. The driver of the box truck was not injured. Police have not yet issued a citation to the box-truck driver and are in the middle of an investigation into the cause of the accident.
Rear-End Accidents on Maryland Roads
Most of us probably remember from driver’s education that in rear-end accidents the driver in the rear is usually the one who is at fault. That is the general rule, but what would a rule be without exceptions?
There are several exceptions to the general rule that the driver in the rear of a rear-end accident is at fault. For example, if the driver in front was driving erratically, that driver may be the one who was at fault for the accident.
The facts described above may give rise to another exception to the general rule. There, the driver of the box truck had not pulled the truck completely off the side of the road. This created an obvious hazard for other vehicles using the highway. However, it may also be relevant whether the driver of the car had an opportunity to see the box truck protruding in his lane. If so, perhaps he should have avoided the collision?
The question in these cases is most often which of the parties was negligent? Or were they both negligent? In Maryland, when two parties are both involved in an accident, and they share the blame, neither party can recover from the other. It is therefore critically important to any truck accident plaintiff’s case that he or she show the judge or jury that he or she was not at all at fault for the accident.
Have You been Involved in a Maryland Truck Accident?
If you or a family member has recently been involved in a Maryland truck accident, you may be entitled to monetary damages based on the truck driver’s negligence. However, in order to recover for your injuries, it will be imperative to prove that you were not at all at fault in the accident. It is therefore advised to contact a dedicated Maryland personal injury attorney prior to filing your case. With an attorney’s help, you will be able to better understand the law and what you will be required to prove at trial. Click here, or call 410-654-3600 today to schedule a free initial consultation with a skilled Maryland personal injury attorney.
More Blog Posts:
Truck Driver Side Swipes Police Cruiser on Capital Beltway, Maryland Trucking Accident Lawyer Blog, published June 27, 2014.
Trucker Gets into DUI Accident on 301, Another Trucker Gets Hit on the Detour, Maryland Trucking Accident Lawyer Blog, published June 6, 2014.