Can Car Crash Victims Be Partly at Fault?

Maryland’s best car accident lawyers represent crash victims. With our help, you can get the maximum compensation for your case. However, accident fault is still a crucial issue with Maryland collisions. Before going to court, attorneys have to determine who caused the crash. Usually, it’s this fault party that bears the accident’s losses.

Sometimes though, crash victims may partly be responsible for the accident. When this happens, such crash victims may be scared of demanding compensation. Often, they think that shared fault disqualifies them from receiving damages. That’s why such crash victims should hire attorneys early. An excellent lawyer would know whether your contribution to the accident disqualifies you from getting compensation.

Can Car Crash Victims Be Partly Responsible for the Accident?

Yes, an injured party may be partly responsible for the collision. Such shared fault can happen in several ways. We examine some of such instances below.

How Car Crash Victims Share Accident Responsibility

A crash can happen because you quickly pulled into the road. However, proving fault here may be more challenging. This would be the case where the other driver could have also prevented the crash. For example, the accident may not have happened where the other driver wasn’t over-speeding.

Suppose you wanted to turn your vehicle on the highway. Usually, you should put on your turn signal. So, if you don’t use this signal, another car may hit you. Not using your turn signal would make you liable in this case. However, suppose the other driver was distracted. Here too, they would bear significant fault.

Furthermore, a rear-ended driver also isn’t always the innocent party. For example, you can be rear-ended because you’re driving with broken tail lights. Driving your vehicle in this condition would make you partly liable for any consequential accident.

Should I Admit Fault in a Car Accident?

No, accepting accident responsibility is always a terrible move. However, many Maryland auto collision victims admit fault after an accident. This is a bad idea because thinking you’re at fault doesn’t mean you’re responsible. In the heat of the moment, your conclusions may be wrong.

Now, suppose the other driver is rightly at fault. In this case, their insurer may heap all the accident blame on you. Recovering any compensation may become challenging. It’s also helpful to know the different ways you can admit accident fault. Firstly, you needn’t vocally say you’re responsible.

Instead, simple words such as “I’m sorry” could be interpreted as you accepting fault. Furthermore, offering cash to the other driver may also be indicting. Finally, giving a recorded statement to the other party’s insurance company may work against you. If you must speak to the insurer, it’ll be best to go with your lawyer.

Proving Fault in a Maryland Car Accident 

The fault party’s insurance company would try pinning the accident blame on you. However, an excellent attorney can help you here. The insurer would have to prove your negligent action that caused the accident. Conversely, your attorney would work to prove you’re innocent. This means that your lawyer needs significant evidence from the crash. With this evidence, they can accurately place the accident’s fault.

Can You Receive Compensation if You Partly Caused a Car Accident?

No, in Maryland, shared fault disqualifies you from receiving any compensation. This is because of Maryland’s unfair contributory negligence rule. This doctrine calculates the disputants’ contribution to the accident. Consequently, it denies the injured party if they contributed to the car accident. It doesn’t even matter that they were slightly at fault. Therefore, even 1% fault can bar you from recovering damages.

Maryland is only one of four American states that practice this harsh rule. Many other states use the comparative negligence rule. This principle only reduces your compensation based on your percentage of fault. So, suppose that the plaintiff suffered $10,000 worth of damages. Now, imagine they were 20% at fault. Here, the court would allow them to take only $8,000 in compensation. In Maryland, though, you lose everything.

Maryland Car Accident Attorneys Can Win Your Case

Have you survived a Maryland car accident? Do you think you partly caused the crash? Suppose you answer both questions in the affirmative. Then, you may yet be eligible for compensation. First, however, you’ll need an excellent Maryland car accident lawyer.

At Pinder Plotkin, LLC, we have the perfect attorneys for your case. Our lawyers can determine whether you genuinely contributed to the accident. Furthermore, we have extensive experience in handling vehicle accident cases. So, we can quickly place the collision’s fault and get you the maximum compensation. It’ll thus be best to call us today for a FREE consultation.

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