Proving Negligence in Maryland Truck Accident Cases

July 23, 2023

There are four crucial elements of any personal injury claim:

• Duty
• Breach
• Injury
• Causation

After a truck accident, you must prove that a truck driver acted unreasonably under the circumstances compared to the average truck driver. This act could be a mistake they made or a failure to do something they should have done.

In a truck accident case, everything comes down to what the truck driver did in the events surrounding your accident. Then, your lawyer would compare it to what they should have done. If they have fallen short of their duty of care and their actions have injured you, they could be liable to pay for your injuries.

However, your word alone is not enough to show that the truck driver was negligent. They may have their side of the story, and you need actual evidence. When you are filing a claim or a lawsuit, you are the one who must meet your burden of proof to qualify for financial compensation. You must prove your case by a preponderance of the evidence. Not only do you need hard proof of what happened, but you must also fight back any efforts to blame you for the crash, which is why it is crucial to have a lawyer.

Evidence That Can Help Prove Your Case

Truck accidents are different from other motor vehicle crashes because there are even more sources of evidence. You begin with the same sources of evidence that can be used to prove any vehicular accident. These include:

• Eyewitness testimony from people who saw the accident.
• Pictures of the accident scene.
• Dashcam or traffic camera footage that shows the crash or what the truck driver was doing before the accident.
• The police report filed by the officer who investigated. However, this typically cannot be used as evidence in a trial because it is hearsay.
• Testimony from an accident reconstruction expert who will give their opinion on what caused the crash.

The unique aspect of a truck accident case is that you have other potential sources of evidence available. However, this evidence is often in the trucking company’s hands. You may not be able to obtain it right after the accident, but your lawyer can direct the trucking company to preserve this evidence in anticipation of a potential trial.

These sources of evidence can include:

• Black box data shows the truck driver’s speed, braking, and steering before the accident.
• Records about the driver’s safety history and any drug and alcohol test results.
• Maintenance logs that show whether the truck was inspected and repaired.

The black box data can be crucial to your truck accident case but can be lost quickly. The trucking company must only retain this data for a limited time. They may find a way to write over or lose the data when the facts seem inadequate.

Thus, the best way to meet your burden of proof is to hire a lawyer right after your accident. An attorney would get to work to obtain evidence before it is lost. You may not be able to locate witnesses long after the accident, and their recollections may fade.

Remember, you cannot even begin the conversation about money until you persuade the insurance company or a jury that the truck driver was negligent. Thus, time is of the essence, and an experienced truck accident lawyer is a must.

Contact a Baltimore Truck Accident Lawyer at LeViness, Tolzman & Hamilton for Legal Help

If you or a loved one has been injured in a truck accident, a Baltimore truck accident lawyer at LeViness, Tolzman & Hamilton can help. Call 800-547-4LAW (4529) or complete our online form for a free initial 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.