Truck accidents can be devastating, causing serious injuries and property damage. If you are involved in a truck accident in Maryland, you may be entitled to compensation for your injuries and damages. However, if you are found to be partially at fault for the accident, your compensation may be reduced. This is known as comparative fault, and it is an important concept to understand in Maryland truck accident cases.
What is comparative fault?
Comparative fault is a legal concept that is used to assign fault in personal injury cases. It means that each party involved in an accident may be assigned a percentage of fault for the accident. In Maryland, the law follows a modified comparative fault rule. This means that if you are found to be less than 50% at fault for the accident, you may still be able to recover damages from the other party. However, your compensation will be reduced by the percentage of fault assigned to you.
How is fault determined in Maryland truck accident cases?
In Maryland, the fault is determined based on the concept of negligence. Negligence is a legal term that refers to a failure to exercise reasonable care. To prove negligence in a truck accident case, you must show that the other party had a duty to exercise reasonable care, they breached that duty and the breach caused your injuries and damages.
Truck accidents can be complex, and there are many factors that can contribute to the accident. Some common causes of truck accidents include:
- Driver fatigue
- Speeding
- Distracted driving
- Improper maintenance
- Overloaded or improperly loaded trucks
To determine fault in a Maryland truck accident case, an investigation will be conducted. This investigation may include:
- Examining the scene of the accident
- Reviewing police reports and witness statements
- Analyzing data from the truck’s black box
- Examining the truck driver’s logbook and other records
Based on the evidence gathered during the investigation, fault will be assigned to each party involved in the accident.
If you are found to be partially at fault for a truck accident in Maryland, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are assigned 25% fault for the accident and your damages total $100,000, your compensation will be reduced by $25,000, and you will be able to recover $75,000 from the other party.
It is important to note that if you are found to be 50% or more at fault for the accident, you will not be able to recover damages from the other party.
It’s important to keep in mind that the insurance companies of the other party involved in the accident will try to minimize the amount of compensation they have to pay out. They may attempt to place more fault on you in order to reduce their liability. This is why it’s essential to have a knowledgeable and skilled attorney on your side who can fight for your rights and ensure that you are not unfairly blamed for the accident.
Comparative fault is a crucial concept to understand in Maryland truck accident cases. If you have been involved in a truck accident, it is important to speak with an experienced attorney who can help you navigate the legal process and protect your rights. With the right representation, you can recover the compensation you deserve for your injuries and damages.
Alpert Schreyer, LLC is a team of experienced personal injury attorneys who specialize in truck accident cases in Maryland. Our attorneys have the knowledge and skills necessary to help you understand comparative fault and how it may affect your case.
We will conduct a thorough investigation of the accident, gathering evidence to determine fault and protect your rights. We will also work with accident reconstruction experts and medical professionals to build a strong case for your compensation.
Our attorneys are skilled negotiators and litigators, and we will fight tirelessly to ensure that you are not unfairly blamed for the accident and that you receive the compensation you deserve.
At Alpert Schreyer, LLC, we understand how devastating a truck accident can be, and we are committed to helping our clients navigate the legal process and recover from their injuries and damages.
If you have been involved in a truck accident in Maryland and want to understand how comparative fault may affect your case, contact us today to schedule a free consultation. We will review your case and provide you with the information and guidance you need to make informed decisions about your legal options.