Baltimore Freeway Accidents can Lead to Wrongful Death Lawsuits
According to a July 2017 The Baltimore Sun article, a tow truck driver was killed in an I-95 Baltimore County crash. The crash happened around 12:30 p.m. near Bradshaw Road. The tow truck driver allegedly veered off the road and struck a tractor-trailer disabled on the shoulder of the freeway. Police said it was not initially clear why the driver veered off the freeway. The tow truck driver came to a stop underneath the tractor-trailer and the driver was trapped. The passenger in the tow truck was ejected from the vehicle and the driver was killed. The passenger in the tow truck was transported to the hospital for treatment.
The driver of the tractor-trailer was not injured.
According to the article, police were still investigating the cause of the freeway accident.
It is not known whether those injured in the crash will sue for personal injuries sustained. A freeway accident can easily become fatal due to the high speeds and large vehicles often involved. In this instance, a family member may sue on a victim’s behalf for the injuries the victim sustained.
What is a Freeway Accident in Baltimore?
A freeway accident is simply an accident that happens on the freeway. The accident can range from a rear-end accident to a T-bone or head-on accident. The injuries may range from minor to moderate to serious. For instance, injuries can be life-threatening or merely minor cuts.
A Wrongful Death Claim is a Type of Personal Injury Claim in Baltimore
Personal injury describes the type of lawsuit a victim can file if he or she is injured because of another individual’s negligence. Negligence is the failure to act as a reasonable driver would in the same and/or similar circumstances.
Personal injury law covers a wide range of lawsuits filed in civil court. One type of personal injury lawsuit is a wrongful death claim. A wrongful death claim allows an immediate family member such as a spouse to file a lawsuit for the untimely death of a loved one.
This family member can seek money, in the form of damages, for a variety of injuries. These injuries include, but are not limited to:
- Medical expenses
- Loss of companionship
- Loss of income (from the loved one dying)
- Burial expenses
- Funeral expenses
- Property damage
A Family Member Must Prove the Other Driver was at Fault for the Accident
It may be obvious that the at-fault driver caused the accident. However, Maryland law requires the family member to prove that negligence occurred. As the plaintiff, the family member has the burden of proving the following:
- The defendant (driver who caused the accident) had a legal duty to the victim
- The defendant breached that legal duty when he or she caused the accident
- The defendant’s negligence caused the victim’s death
- The family member is owed damages because of his or her loved one’s untimely death
Hassan, Hassan & Tuchman, PA is Here for You
If your loved one was killed in a freeway accident, contact us immediately. We will fight for you.