Middle River, MD Truck Accident Lawyer
Many trucks travel across the United States, delivering goods and cargo every day. Unfortunately, some of those semi trucks and 18-wheelers are bound to get into accidents. A truck accident is a devastating experience for other drivers and pedestrians. The sheer size and weight of commercial trucks mean that the odds are stacked against ordinary motorists. Injuries from truck accidents are often life-altering. You could end up with enormous medical expenses, a long recovery, and the inability to do activities you once enjoyed after a truck accident.
If you were in a truck accident around Middle River, our lawyers can assist you. We are battle-tested attorneys who will fight for you in court so you get the financial compensation you deserve. We can interview witnesses and other important parties, collect evidence, and prepare a strong case for you to take to court to hold truckers and trucking companies accountable for your injuries.
Reach out to our truck accident lawyers at Rice, Murtha & Psoras by calling (410) 694-7291 for your free case review today.
Suing Multiple Parties in a Middle River, MD Truck Accident Lawsuit
It is likely in your best interest to file a claim against multiple parties in your truck crash lawsuit. Generally, plaintiffs will file a claim against both the truck driver and their employer. The law allows employers to be liable in court for the negligent acts of their employees. The idea is that employers are often better positioned to help plaintiffs recover than employees.
For an employer to be held liable, the employee needs to have been doing a work-related activity when they injured you. For example, a truck driver’s employer would be liable if a trucker hit you while delivering a package. However, the employer would not be liable if the trucker decides to drive the truck to their friend’s house to watch Netflix and hits you on the way there.
What You Need to Prove in a Middle River, MD Truck Accident Case
To be successful in a truck accident lawsuit, you must prove that another party was negligent. In law, negligence means that someone was careless and that carelessness caused your injuries. To prove negligence, you need to establish four “elements” or parts of your claim. Those elements are duty, breach, causation, and injury.
Duty of Care
In law, a duty of care is a legal obligation that people have to act in a reasonable way toward others. A duty of care requires that individuals avoid conduct that could foreseeably harm other people. When someone does not uphold their duty of care, they can be accused of negligence.
Drivers have a duty of care to avoid conduct that a reasonable person could foresee resulting in injury to another person. Thus, truck drivers have a duty to follow the speed limit and other traffic rules, refrain from driving under the influence or while tired, and otherwise act as a safe, reasonable truck driver would act.
It should be noted that the legal “reasonable person” standard is different from how a reasonable person acts in reality. While an actual person is fallible and makes mistakes, the legal “reasonable person” always upholds their duty of care. So even if the truck driver in your case thought they were acting reasonably, they might still be liable for your injuries under the law.
Breach means that a person or entity did not uphold their duty of care. You need to establish that the defendant breached their duty of care in court to hold them liable for your injuries. In a trucking accident context, speeding would be an example of breaching a duty of care.
Evidence that could help prove that someone breached their duty of care in a truck accident might include a police radar scan of a truck driver’s speed, a driving log indicating that the trucker was on the road longer than what is allowed, or a high blood-alcohol concentration from a breathalyzer test.
Causation means that you must prove the defendant caused your injuries. While that may sound simple, causation is frequently one of the most fought-over elements in a truck accident lawsuit.
You need to prove that the defendant is what is called the “proximate cause” of your injuries. The proximate cause can be different from the literal cause, or “cause in fact” of your injuries. The proximate cause is also known as the “legal cause” and must be something that was actually related to the accident from a practical standpoint, not some far off cause that had many other interceding events in the meantime.
The proximate cause of your injuries need not always be close in time to your accident. Suppose a mechanic improperly installed brakes on a semi truck that then sits idle for days or weeks. When a truck driver driving that truck hits the brakes, they fail, and the truck hits and injures you. In that case, even though the maintenance was done a while ago, the mechanic’s negligence would still be the proximate cause of your injuries.
Injury tends to be the simplest element to prove in a truck accident lawsuit. Essentially, you must prove that the defendant actually injured you. After all, if you were not injured, there would be no need for a lawsuit.
Medical bills, x-rays, photos of your injuries, and other medical documents can all be used to prove your injuries and their extent. You might also consider testifying about your experience getting injured and recovering from your injuries to establish this element.
Discuss Your Case with Our Middle River, MD Truck Accident Lawyers Today
Talk to our Truck accident lawyers with Rice, Murtha & Psoras at (410) 694-7291 for a free case review.