Proving Negligence in a Maryland Truck Accident Case

Truck accidents are quite common in the United States of America. According to the NSC, in 2022, over 126,000 large trucks were involved in crashes resulting in injuries and fatalities. When a preventable truck accident occurs and causes severe injuries or death, the victim or their surviving loved ones can file a claim against the negligent party(ies) and seek compensation. The most critical aspect of a successful truck accident claim is proving negligence. In Maryland, plaintiffs in truck accident cases must prove certain elements to recover compensation. Read on to understand how to prove negligence in a Maryland truck accident case.
Understanding Negligence in Maryland Truck Accident Cases
Negligence arises when someone fails to act with reasonable care and harms another person. The concept of reasonable care refers to the level of caution a prudent person would exercise in similar circumstances. In the context of truck accident cases, negligence involves the failure to exercise reasonable care while driving, maintaining the vehicle, or adhering to safety standards.
Proving negligence in Maryland truck accident cases entails demonstrating four key elements: duty of care, breach of duty, causation and damages. If a person with the legal duty to act with reasonable care to avoid harming others breaches this duty and that breach causes injuries, death, and damages, they can be held liable.
Types of Evidence You Can Use To Prove Negligence in a Truck Accident Case
Proving negligence in a truck accident case requires you to have enough strong evidence. You need to gather evidence that can help you prove your case by a preponderance of the evidence. This entails showing that there is more than a 50% chance that your claims are true. The following are some key types of evidence you can use to prove negligence in your Maryland truck accident case;
- The police report: The police report from the accident scene is a key component of your truck accident claim. It is one of the most important pieces of evidence you can obtain. The police report will contain crucial details about the accident, including the parties involved, witness statements, and any traffic violations.
- Photos and videos: Pictures and videos of the accident scene can help tell the story of what happened. Vehicle damage, skid marks, and road and weather conditions, among other details, can provide vital visual evidence to support your claim, helping establish liability.
- Witness statements: Objective statements of people who saw what happened can help collaborate your version of events.
- Truck driver logs: Records showing hours of service can reveal if a driver exceeded allowable hours, contributing to a fatigue-related accident.
- Electronic data: Black box data can show the truck’s speed, direction, and general operation before the accident. This data can be used to reconstruct the events leading up to the accident and identify driver negligence.
- Traffic and surveillance footage: Footage from traffic or surveillance cameras can provide a visual of what happened before the accident.
Gathering evidence for your Maryland truck accident case is not something you can do alone, as obtaining some pieces of evidence can be challenging. A skilled truck accident attorney can help you gather the evidence you need to prove your claim.
Contact a Towson Truck Accident Lawyer
If you’ve suffered injuries or lost a loved one in a truck accident, our experienced Towson truck accident attorneys at Hardball Law can help you pursue the compensation you deserve. We serve clients in Towson, Baltimore, and throughout Maryland.
Source:
injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/