Articles Posted in Fatal Trucking Accidents

Sometimes, in the aftermath of a Maryland truck accident, it’s not exactly clear what happened or who’s to blame. Accidents happen quickly—in the blink of an eye—and those involved (or even eyewitnesses) might not know afterward who hit who or how the two vehicles collided—only that they did. Sometimes, it can take a significant amount of investigation after a crash to determine the cause and the series of events. Accident reconstruction experts may investigate, but sometimes the cause of the accident will not be known until quite a bit after it’s occurred.

For example, take a recent three-vehicle truck accident that occurred in the first week of this year. According to a local news article covering the accident, the crash occurred on a Monday afternoon around 1 PM. A driver in a semitrailer truck came upon a car waiting to turn left but failed to slow down for some unknown reason. The truck driver swerved to miss the vehicle waiting to turn—since they could not stop in time—but while swerving they struck another vehicle traveling the opposite direction head-on, and also collided with the turning vehicle. This three-vehicle crash left one driver—the driver struck head-on—dead. It is unclear what injuries were suffered or the extent of the other damage, but the county police accident reconstruction team came to the scene to investigate, and the road was closed down for a while. The crash remains under investigation.

When Should You Contact a Lawyer after a Truck Accident?

Because it takes a while to figure out exactly what happened in a Maryland truck accident, many people who are injured in one wait before contacting an attorney. But those injured who might want to file a personal injury lawsuit against the negligent driver should contact an attorney right away—even if they are not sure if they have a case, or whose fault the accident was, or even what happened. Working with an attorney right away keeps your options open and also ensures you do not miss the window of time within which you must file suit—the statute of limitations. In Maryland, you must file suit within three years. If you prolong getting an attorney, you may forget or procrastinate, and then miss the statute of limitations. That’s why all those involved in a truck accident are encouraged to speak to an attorney right away, to make sure they are aware of their legal rights and prepared to file suit if need be.

Last month, a tragic Maryland truck accident left one dead and another injured in Derwood, Maryland. According to a local news report covering the incident, the crash occurred between a car and a box truck on Shady Grove Road early one morning. As a result of the crash, the box truck tumbled over the embankment, landing on its side and trapping the driver inside. The driver of the car was taken to the hospital with serious injuries, where he was later pronounced dead. Officials found it difficult, however, to immediately access the truck’s driver. Because of the slope of the embankment, rescue workers from Montgomery County Fire and Rescue were brought in and had to use a system of ropes with a medical basket attacked to get the driver of the truck free. He suffered serious, but not life-threatening, injuries and was taken to the hospital for treatment.

How Can Familes Seek Financial Compensation Following a Fatal Truck Accident?

In cases like this, those who were injured (or the deceased’s family) may be interested in filing a personal injury lawsuit against the other party to recover financially for their injuries. But sometimes, it is very unclear who was negligent and caused the accident. And, in some cases, both parties might believe that the other was negligent. For example, if the family of the deceased driver decides to file suit against the box truck driver, they may bring in evidence and an expert witness who can reconstruct the accident and explain what likely happened in a way that points the finger at the truck driver as being the negligent one. However, the defendant truck driver may come back with a defense of contributory negligence. This means they may bring in other evidence—usually a different expert witness—trying to prove that the plaintiff was also negligent, and that their negligence contributed to the crash.

In the tragic event of the loss of a loved one, a wrongful death claim may allow family members to recover compensation based on their loved one’s wrongful death. Maryland’s Wrongful Death Act (the Act) allows a parent, spouse, or child (or others in some circumstances) to recover based on the deceased’s wrongful death. There are some limitations depending on the circumstances of the deceased’s death. Spouses, parents, and children are considered primary plaintiffs under the Act. In addition, if the deceased had no spouse, parent, or child who qualifies under the wrongful death act, any person who is related to the deceased by blood or by marriage who was substantially dependent upon the deceased may file a wrongful death claim. These plaintiffs are considered secondary plaintiff, meaning that they can only recover if no primary plaintiff exists.

A wrongful death claim is based on a wrongful act that would have allowed the deceased to recover if he were still alive. This type of claim is meant to compensate close family members who wrongfully lost their loved one. Successful claims allow claimants to recover compensation for damages relating to the claimant’s suffering, including mental anguish, loss of companionship, loss of guidance and education, emotional pain and suffering, and loss of parental, marital, or filial care. A wrongful death claim normally must be filed within three years of the death of the deceased. In the case of an occupational disease, the claim must be filed within ten years of the deceased’s death or within three years of the date when the cause of death was discovered, whichever comes first.

Claimants also often have to defend the actions of the deceased leading up to their death. A defendant will often argue that the deceased was partially at fault for their death. If a defendant is successful in doing so, a claimant can be barred from recovering compensation if the deceased is found to have been partially at fault for their death.

A recent tragic truck accident illustrates the importance of Maryland truck drivers being aware of their surroundings along with the height and size of their vehicle. Not being so can lead to horrible and even fatal truck accidents. Trucks are, to state the obvious, larger than cars, and their size can make them very dangerous. For example, a truck driver not realizing their truck’s size may cause an accident when they merge onto the highway or when they pass under roadway signs or overpasses. This is exactly what happened last month in a truck accident that claimed one man’s life.

According to a local news report covering the incident, the driver of a dump truck was traveling west on an interstate with its bed raised when it struck an overhead sign at an exit. The impact caused the sign to fall, and it landed on a 2019 Ford F-150, driven by a 62-year-old man. Tragically, the 62-year-old man died as a result of the accident.

While it is unlikely that the dump truck driver intentionally hit the overhead sign trying to kill the driver in the Ford behind him, that does not mean the truck driver can’t be held responsible. While criminal charges have not been filed against the driver, this case may still lead to civil charges. Specifically, the deceased victim’s family may decide to bring a wrongful death suit against the dump truck driver, an avenue available to many Maryland residents who lost a loved one in a truck accident.