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.