When an accident takes place and leaves a victim injured or killed, you may have grounds to bring a personal injury lawsuit against the at-fault party for compensation. To successfully bring such a claim, however, you must establish that the at-fault party acted negligently, which caused the accident and subsequent injuries to take place. Understanding how to satisfy this element in a personal injury case is crucial to the success of your claim.
According to a recent news report, the driver of a pickup truck drove his vehicle into a local home, which killed one person and left two injured. Local authorities reported that the pickup truck went off the highway when it crashed into the second floor of the home. The driver of the pickup truck was ejected from the vehicle and was found on the first floor of the home with minor injuries and the passenger of the pickup truck died at the scene. The pickup truck driver was attempting to pass two other cars on the highway at a high rate of speed when he lost control, went airborne, and collided with the home. A woman was in bed on the second floor of the home when the crash took place and was reported to be critically injured and transported to a local hospital for treatment. Local police claim that it appeared alcohol was potentially a factor in the crash, and the accident remains under investigation.
How Can I Prove Another Driver Was At Fault in a Car Accident
In Maryland, proving that the at-fault party was negligent is a crucial part of a successful car accident lawsuit. To make a negligence claim under Maryland law, a potential plaintiff must prove four elements. First, the plaintiff must prove that the defendant had a duty to protect the plaintiff. Second, the plaintiff must prove that the defendant breached that duty. Third, the plaintiff must establish that they were actually hurt or injured. Lastly, the plaintiff must prove that the defendant’s actions were the proximate cause of the plaintiff’s injury.
In Maryland, drivers have a duty to use reasonable care when operating their vehicles and to retain control over their vehicles at all times. In the case at hand, the pickup truck driver, while operating his vehicle, had a duty to others on the road and surrounding areas to use reasonable care. Because the pickup truck driver was speeding, potentially intoxicated, lost control of his vehicle and drove it into a house, it is likely a court would agree that he breached his duty to exercise reasonable care. The plaintiff would then easily prove that she was simply relaxing in her home when she was injured by a vehicle driving into it and that the pickup truck crashing into her home was the proximate cause of her subsequent injuries.
Although every personal injury claim is different and not always as clear-cut, it is crucial to understand the elements of establishing negligence in Maryland. Parties interested in potentially filing a personal injury lawsuit should always consult with an experienced attorney who can assess the merits of their suit before proceeding.
Do You Need a Maryland Car Accident Attorney?
If you or someone you know was recently injured or killed in a Maryland car accident, contact the lawyers at Lebowitz & Mzhen today. Our attorneys will fight to get you the compensation you deserve and provide you with the experience and care needed so that you can proceed with your claim with confidence. To schedule a free consultation, contact us at 800-654-1949.