Were you in a Maryland car accident? You could obtain damages for your losses if the other driver caused the accident. Understanding what is at-fault and not-at-fault means you can be compensated for medical bills, pain and suffering, and lost wages. Learn more about at-fault and not-at-fault accidents below, then speak to the auto accident attorneys at Pinder Plotkin if you have questions.
Maryland Is an At-Fault State For Auto AccidentsThe first thing to know about at-fault vs. no-fault is Maryland’s view. This is an at-fault state when it comes to determining car accident liability. What does this mean? Drivers can sue the other driver for damages if they cause an auto accident. For example, if someone hit you at an intersection in Baltimore, you may receive compensation for your injuries and damages. You can file a claim with your insurance company or the other driver. Which is best depends on the accident and your attorney’s recommendation. You must prove the driver was negligent to receive compensation for your injuries. This state has a contributory negligence standard for auto accidents, meaning you cannot receive compensation even if you are 1% responsible. This is one of the most restrictive negligence systems in the country. So, working with a skilled attorney ensures the best chance of getting paid after an accident. Your attorney must prove that the other party was at fault, so select your attorney with care. It helps to hire an attorney with a strong record of large settlements and successful court verdicts in Maryland. Many Maryland car accident victims file a claim with the at-fault driver’s insurance company. This usually happens because most people do not seek payment from their insurance company if they did not cause the incident. If you file with the other driver’s insurance, you should not talk to them directly. Instead, let your attorney handle it. It is essential to know that Maryland is an at-fault state after an accident. Your attorney must work hard to prove the other driver caused the crash. Your attorney also must show evidence that you were not even one percent liable for the accident. As you would expect, liability is fiercely contested in Maryland car accidents. The other driver’s insurance provider will try to show you were slightly at fault for the accident. So, it is critical to retain a seasoned car accident attorney.
How Is Fault Determined in a Maryland Car Crash?Showing who was at fault vs. not at fault in a Maryland car crash depends on proving negligence as follows:
- The other driver had a duty of care that he owed you.
- The driver breached their duty to drive safely when he hit you from behind.
- You would not have been hurt if it were not for the driver’s actions.
- The accident led to your injuries, such as whiplash and a concussion, which can be addressed by paying you compensation in a claim or lawsuit.
- The police report.
- An expert accident reconstructionist shows how the crash happened.
- Eye witness statements of the accident, such as bystanders and other drivers and passengers.
- Cell phone records that show the other driver was on their phone and distracted.
- If the crash was a DWI, the breathalyzer test results.