Determining Fault in Maryland Truck Accidents: Key Factors and Legal Considerations

Call One of Our Baltimore Truck Accident Attorneys at LeViness, Tolzman & Hamilton

You cannot discuss damages in your case until you prove your legal entitlement to them. In a truck accident case, you can only receive a settlement or jury award if you prove the driver was negligent. Maryland has strict laws about negligence, making getting legal help for your truck accident claim even more critical. You should hire a lawyer right after your accident because one mistake can cost you significant money.

Burden of Proof

In any civil case, the plaintiff is the one who has the responsibility to carry the burden of proof. They must meet every element of the four-part test that determines negligence. If not, the plaintiff cannot receive financial compensation.

Your lawyer would need to gather sufficient evidence that shows that the truck driver or other entity should be legally responsible for your injuries. Your lawyer needs to move quickly so you have the most evidence to support your case. A lawyer could also obtain additional evidence to help you meet your burden of proof through the discovery process.

Contributory Negligence in Maryland

Maryland has a strict law regarding contributory negligence. In other states, you can still recover some financial compensation if you were partially to blame for the crash. Maryland law uses a pure contributory negligence approach. If you were partly to blame for the accident, you could not receive any financial compensation.


You must show that the defendant’s actions were the proximate cause of your injuries. Causation means that you would not have been injured had it not been for the actions or omissions of the defendants. You must show a causal relationship between what they did and your injuries.

The defendant may argue that your injury was not the result of their actions. For example, if you claimed a neck or back injury, the defendant may claim you already had these conditions. They would be able to obtain your medical records as part of the discovery process, and they may claim that you were already injured.

The defendant cannot argue that they should not be liable because you were predisposed to your particular injury. There is also something known as the “eggshell plaintiff rule,” which states that the defendant is responsible for the plaintiff’s injuries, even if they were overly sensitive to possible injuries.

Call One of Our Baltimore Truck Accident Attorneys at LeViness, Tolzman & Hamilton

One of our Baltimore truck accident attorneys at LeViness, Tolzman & Hamilton can fight for you during this difficult time. Call us at 800-547-4LAW (4529) or contact us online to schedule a free consultation.

We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.