Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

When Baltimore residents sustain serious injury, the first concern is getting the medical attention and care that are necessary to treat the injuries. After that, however, the questions often turn to try to figure out how the accident happened and who might be at fault.

In most accidents, at least one party is at fault, meaning their actions caused the accident. However, determining whether one is at fault for an auto accident is sometimes not as easy as it may seem. As a legal matter, the question often revolves around which driver was less careful than the other. That person may be held liable for compensating the other party for their injuries.

Take, for example, a recent Maryland accident that occurred during the morning between a truck and a motorcycle. The 23-year-old motorcyclist was driving along the road when he swerved to avoid a stopped vehicle. A truck that was nearby failed to stop, and struck the motorcyclist, sending the motorcyclist to the hospital in critical condition.

At the present time, authorities indicated they did not believe the truck driver was at fault for the auto accident. Yet, whether the truck driver would be considered a negligent driver in a personal injury lawsuit may be another matter, as the determination would revolve around how careful the truck driver acted before striking the motorcyclist.

Of course, the motorcyclist may have also been at fault for the accident, being as though he swerved out of his lane to avoid another car. Accordingly, even if he could prove the truck driver was negligent, the damages the motorcycle rider would recover might be reduced by the percentage of his fault. The case illustrates how one who is injured in an auto accident needs to be mindful of the standard of proof in a negligence case, and how the law works when one or more people may be liable for another's injuries.

Source: WBAL, "Motorcyclist critically injured after being struck by truck," Ashley Michelle Williams, Jun. 20, 2013

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