Maryland Trucking Accident Lawyer Blog
To hold another person accountable in a Maryland truck accident claim, a plaintiff must prove that the other person caused the plaintiff’s injuries, at least in part. Proving these facts is part of establishing the essential elements of a negligence claim.
In Maryland, a negligence claim requires proving that the defendant owed the plaintiff a duty of care, the defendant failed to meet the relevant standard of care, the plaintiff was injured because of that failure, and the defendant’s negligence caused the plaintiff damages. Proving causation requires proving both legal cause, and cause-in-fact. Cause-in-fact means proving that the defendant’s conduct actually caused the injury, whereas legal cause means showing that the defendant should be held liable for the plaintiff’s damages. A court may decline to hold a defendant responsible even where a plaintiff proves that the defendant’s conduct was the cause-in-fact of the plaintiff’s injuries, based on policy considerations and fairness. Such a decision usually involves considering whether the injuries were a foreseeable result of the defendant’s actions.
A plaintiff generally has the burden to prove all elements of a negligence claim, including causation. The standard for establishing causation, like all elements of a negligence claim, is whether it is more probable than not that the defendant’s acts caused the plaintiff’s injuries. A mere possibility that the defendant caused the plaintiff’s injuries is insufficient to prove causation. This means that in a Maryland truck accident claim, a plaintiff cannot simply declare that there was a crash and that the plaintiff was injured in the crash—a plaintiff has to point to the defendant’s specific acts that were negligent, that those acts resulted in the plaintiff’s injuries, and that those injuries were a foreseeable result of the defendant’s actions. If a plaintiff fails to prove causation, the claim will be dismissed.
Over 19 Injured in Virginia Crash Between Tractor-Trailer and Charter Bus
Recently, more than 19 people were hospitalized after a crash between a tractor-trailer and charter bus in Virginia. According to a local news report, the crash took place near Charlottesville at about 4:30 a.m on the eastbound lane of a highway. The tractor-trailer lost control, crashing into the bus directly. Police said in their initial reports that the weather was the blame, noting that the road was slick and it was foggy out. The bus was carrying about 20 passengers at the time. No fatalities were reported as a result of the crash.
Contact a Maryland Truck Accident Lawyer
If you have been injured in a Maryland truck accident, and believe another person or entity was at fault at least in part, you may be entitled to compensation for your injuries. Discussing the facts of your claim with an experienced Maryland injury lawyer will allow you to assess the merits and viability of your claim. The Maryland personal injury lawyers at Lebowitz & Mzhen will review your options with you and work with the other parties and insurance companies to try to resolve your claim as appropriately and quickly as possible. Call us at 800-654-1949 or email us to discuss your legal options.