Interstate 95 is a major highway in Maryland that runs for over one hundred miles through the state. This road which cuts across Maryland diagonally from Maryland’s border with Delaware to the Woodrow Wilson bridge and briefly entering Washington D.C is commonly used by tractor trailer drivers and commercial drivers alike. In addition, this road has a very high traffic volume which means that there are likely going to be accidents on this road.
On April 15, 2016, an accident involving a box truck caused Interstate 95 to be closed for approximately two hours, traffic was diverted to another road in the area US 40 which means that all the cars and trucks that were intending to drive down interstate 95 had to be diverted, taxing the local road systems. This accident involved a box truck crash south in Harford County. While there were no accidents reported, it still took crews a substantial amount of time to clean the spilled debris and to clear the leaked fuel that had spilled onto the road near exit 152. This accident serves to show that accidents happen on the road all the time and when they do they not only cause inconveniences for those who are injured or for those whose property is damaged but for all other drivers who now have to find alternative routes.
Determining who is responsible for a car accident can be either a very frustrating and actually complicated issue or it can be very straightforward where it is apparent who is responsible for an accident. Because car accidents and truck accidents, in particular, are very complicated events that involve a series of events that all culminate in an accident it is very important for any driver who has been involved in an accident to understand the basics of the negligence, which is often the source of any personal injury claim. In order to receive compensation for damages to your car or in the event that you have personally been injured, then you will need to prove that the truck driver was to some degree negligent and therefore should be held liable for your injuries.
Any person who is trying to seek any form of compensation from a truck accident based on a negligence theory will have to prove the following four elements:
- Duty – A duty is something that a person owes to another person when they are driving. The law imposes There must be a legal duty from one party to another. In cases of truck accident negligence, this means a duty for the driver to drive responsibly and within the law, and for the trucking company to maintain safe loading and maintenance practices.
- Breach – A breach occurs when someone fails to conform his or her actions to the law. For example, if the law of a state imposes a ban on using any handheld mobile device, then if a driver is using a cell phone and are subsequently involved in an accident, then this might be sufficient to prove that there has been a breach of a duty. There must be a breach of this legal duty by one party failing to act as described above.
- Causation – Causation is the third element of any negligence claim and can be further broken down into two subcategories actual and proximate causation. In order to prove this element of a negligence claim, an injured party will have to show that the truck driver either did or failed to do an action that was required and that this caused the injury or damage.
- Damages – This is the element that most people are concerned with when they have been in an accident. Replacing a car can be expensive and even repairs can cost thousands of dollars. Because of the size and weight of tractor-trailers when there has been an accident it is likely that there is going to be personal injuries which can cost tens of thousands of dollars.
Reimbursements for Truck Accident Injuries
Truck accidents impact our lives in many ways, they affect our wallets, our jobs, our families, and our jobs. When you have been in any accident involving a driver who was deemed to be negligent you may have had to pay expenses that you never intended to pay. How many people can honestly look at their bank accounts and say they are in a position to replace a car if their current car is totaled, or can say that it is ok if they miss work because of an accident. This is why people seek to file a lawsuit, they want to recover the costs and expense that they had to pay as a result of another person’s negligence. If you have been injured in a truck accident, you may be entitled to receive damages and compensation from the truck driver, their company, or insurance companies. Under the law of negligence, any party that is negligent will be expected to compensate the innocent person for their injuries. You may be entitled to the following types of damages:
- Economic Damages – Present, past and future medical bills resulting from an accident can all leave you feeling under a mountain of debt. Economic damages are monetary damages that are paid to cover or reimburse, present and future medical costs. If you have been injured and are no longer able to work, or even if you will be out of work for an extended period of time because of an accident, then you may be able to recover from the economic impact that this implies.
- Non-economic Damages– Anyone who has been in any serious accident, or even minor accident for that matter, can tell you that an accident is a traumatic event that can leave deep-seated emotional scars. These damages are those that are designed to restore a person’s mind and to cover any pain and suffering, mental anguish, or loss of enjoyment of life, which they may have suffered because of your truck accident injuries. Because these injuries are different than those mentioned above such as medical expenses they are known as non-economic damages.
- Punitive Damages – While most of the damages and expenses that you can recover are those designed to reimburse you for any injury you may have sustained, there are times when society deems actions so repugnant that they require the court to impose a punishment. Punitive damages are a form of compensation that is essentially given to punish the at-fault driver in instances where their behavior is considered intolerable.
When you have suffered damages as a result of a truck accident you may be able to recover some or all of the money that you have lost from the truck driver, the truck company, or the insurance company.
Contact Maryland Interstate 95 Truck Accident Personal Injury Lawyers
To schedule a private, no-cost evaluation, call the law offices of Reiff & Bily Trucking at (800) 861-6708 or contact us online. If the statute of limitations expires, your window of legal opportunity will close and you won’t be able to pursue a claim.