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What To Do If You Are Blamed For a Car Accident That Wasn’t Your Fault in Maryland
It’s not unusual to get blamed for a car accident you didn’t cause. It happens more than people think. You’re in shock, the scene is chaotic, and before you know it, the other driver is pointing the finger at you. There may be no witnesses, and without solid proof, it becomes a matter of one person’s version of events against the other’s.
Insurance companies often prefer quick resolutions, and that means they sometimes take the first story they hear or the one that looks easiest to settle. If they buy into the other driver’s version, you could get stuck with the bill, even if you weren’t the one who caused the crash.
But just because someone blames you doesn’t mean they’re right. Most crash scenes in Maryland have more to work with than people realize. Things like damage patterns, road marks, photos, or nearby security cameras can help sort out what actually happened. If you’re being accused unfairly, don’t panic. There are ways to push back and set the record straight.
Continue with this article by experienced Towson car accident lawyer John Leppler to learn more about the steps to take if you are being unfairly blamed for a car accident in Maryland.
What To Do If You Are Being Unfairly Blamed
You can take the next steps to protect yourself, gather evidence, and push back if someone else tries to shift responsibility your way:
Document What You Can Right Away
Right after the accident, try to collect the following:
- Take photos of the scene, both vehicles, damage, road signs, and surroundings
- Exchange names, contact info, and insurance details with the other driver
- Get names and numbers of any eyewitnesses
- Look for cameras nearby—video doorbells, storefronts, or traffic lights
- Ask if anyone recorded the accident on their phone or dash cam
Photos should include vehicle positions, license plates, skid marks, and any traffic signs that may have played a role. Take wide shots of the scene and close-ups of damage. If you spot a camera, take note of its location—you may need legal help to request footage before it’s deleted.
If you’re too hurt to handle this yourself, ask a friend or family member to help. These early pieces of information can make or break a dispute later.
File a Police Report
If the police came to the scene, ask for a copy of the report. It usually lists who was involved, who got a ticket (if anyone), and what officers observed. Even if no one called the police at the time, you can still file a report later. Go to the local department and ask to file a walk-in report.
It’s an official way to document what happened from your point of view. Make sure your account is clear, factual, and detailed.
Notify Your Insurance (But Keep It Short)
You’ll need to report the crash to your own insurance, even if it wasn’t your fault. That doesn’t mean you have to give a full explanation right away. Provide the basics: when and where the crash happened, who was involved, and whether police responded. Don’t guess at details and avoid assigning blame.
Also, be cautious about giving recorded statements. If you’re unsure about how to proceed or what to say, wait until you’ve spoken with a lawyer. Never say anything that could be misinterpreted as admitting fault.
Get Checked by a Doctor
Even if you feel okay, get evaluated. Some injuries—especially to the neck, back, or head—can take time to show symptoms. Getting seen by a doctor right away helps rule out hidden injuries and creates a medical record that links your condition to the crash. This documentation matters later if the other side disputes your injuries or tries to argue they weren’t caused by the accident.
Follow all treatment instructions and keep copies of any medical records, prescriptions, or discharge notes.
Prepare for Pushback
Sometimes, even with the facts on your side, the other driver keeps pointing the finger and their insurance company may follow suit. That’s when having your documentation ready—photos, reports, witness names—really matters. It gives you something solid to stand on if things escalate.
Keep a folder with everything related to the crash. Write down your own memory of what happened while it’s still fresh. If the other side tries to twist the facts, having a well-organized timeline and supporting evidence helps you stay one step ahead.
How Insurance Companies Decide Who Was at Fault
After a car accident, the question of who caused it isn’t just about assigning blame—it directly affects who pays for what. Insurance companies go through a process called fault determination, and the outcome can impact your claim, your premiums, and whether you’re held financially responsible.
What Goes Into a Fault Investigation
Insurance adjusters don’t make decisions at random. They use a combination of facts, reports, and witness accounts to put the story together.
Here are some of the key things they look at when determining liability for a car accident in Maryland:
Traffic violations – If someone ran a red light, failed to yield, or was speeding, that’s usually noted in a citation. Tickets carry a lot of weight when assigning fault
Vehicle damage – Where each car is hit can tell part of the story.
Witness statements – Independent accounts from people who saw the crash can tip the scale, especially when the drivers disagree.
Road and weather conditions – Poor lighting, rain, or obstacles in the road might not remove fault completely, but they can influence the decision.
Driver behavior – If there’s evidence that someone was texting, drinking, or otherwise distracted, that can become a major factor in fault determination.
Why Their Version Might Miss the Full Picture
As stated, insurance companies aren’t neutral observers—they’re businesses trying to limit payouts. The version of events they put together might leave out important context or lean toward the path that saves them money. Sometimes the decision is based on assumptions or incomplete details, especially if you didn’t get a chance to explain what happened clearly.
The Tactic of Shifting Blame
Insurers are known to use a tactic called “shifting blame,” especially when they know you don’t have legal representation. It’s not about fairness—it’s about limiting what they owe you. If they can convince you—or later, a jury—that you were mostly or even just partly responsible, they can deny your claim and compensation altogether.
Why They Do It
Blame-shifting is more common when the injured person hasn’t hired an experienced lawyer. Adjusters know the average person doesn’t have access to investigative tools or legal resources. They may seem helpful at first, but they’re often gathering details they can later use against you.
If you admit to anything uncertain, even casually, it could be twisted to make you look like the one who caused the crash.
What You Can Do
Don’t assume you have no case just because the insurance company says you’re at fault. What really matters is whether the other party’s negligence played a role in causing the crash. As we mentioned, blame-shifting is a tactic—they’re hoping you don’t know your rights.
Why Fault is Critical in Maryland Car Accident Claims
When you’re involved in a crash in Maryland, figuring out who caused it isn’t just a detail—it can completely determine whether you have a case at all. That’s because Maryland still follows one of the strictest liability rules in the country.
Maryland’s Harsh Contributory Negligence Rule
Unlike most states, Maryland follows contributory negligence, which bars you from recovering anything if you’re even 1% at fault. That means it doesn’t matter if the other driver was 99% responsible—if they can pin just a small part of the blame on you, your claim could be dismissed entirely.
This rule is why many accident victims lose their cases before they even get to court. If it comes down to a “he said, she said” version of events with no solid proof, you’re likely to lose under Maryland law. That’s why it’s risky to handle the claim on your own.
Contributory vs. Comparative Negligence
Other states use comparative negligence, which allows you to recover compensation even if you share some fault. In those states, your payout would just be reduced by the percentage of blame assigned to you.
Examples Where Contributory Negligence Can Hurt You
- You were speeding slightly when another car ran a red light and hit you.
- You were rear-ended but didn’t have your brake lights working properly.
- You were hit while turning, and the other driver claims you didn’t signal.
In any of these cases, those harsh liability rules can give the insurance company or defense attorney exactly what they need to deny your claim.
What You Can Do
To avoid this outcome, you need to prove the other driver was undoubtedly 100% at fault and, because the bar is so high, working with a lawyer in Maryland isn’t just helpful—it’s often the only way to have a real chance at compensation.
How a Police Report Can Help With Liability
When officers respond to the scene, they aren’t just directing traffic or calling for paramedics. They also start collecting key details that can later help resolve disputes about who caused the crash. For example, the report might include:
- Descriptions of damage to each vehicle
- Diagrams or measurements showing the point of impact
- Statements from both drivers and any witnesses
- Notes about road conditions or visibility
- Whether either driver was cited or appeared impaired
If the officer includes an opinion about who was at fault, insurance companies often give that serious weight. And if your case ends up in court, the report can be used to support your version of events.
Other Ways Police Protect the Scene
Police can secure the accident site, keeping other drivers and bystanders away. This helps preserve evidence like skid marks, vehicle positions, and debris. It also protects everyone involved from further injury or conflict.
If the other driver refuses to share their insurance or contact information, officers can step in to make sure that exchange happens safely and lawfully.
When a Police Report Isn’t Enough
Sometimes, the officer doesn’t assign fault or skips details that could help your case. And in smaller accidents, police might not respond at all—leaving you without an official report. In those cases, your ability to prove liability will depend on what else you can gather. A lawyer can help you put the evidence together and fill the gaps left by a missing or vague report.
In essence, while a police report is a valuable tool, it’s not always enough by itself. That’s why having legal support early on can make a real difference.
How Baltimore Car Accident Lawyer John Leppler Can Assist
When you’re held responsible for a crash you didn’t cause, timing and strategy matter. Attorney John Leppler doesn’t just react—he builds a clear and documented case that’s hard to dispute. From the start, he focuses on preserving evidence, cutting through insurance tactics, and protecting clients from the risks tied to Maryland’s harsh contributory negligence rule.
One of the first steps John takes is identifying where the story went off track. He looks at what’s missing from the initial reports, whether both sides were properly interviewed, and whether the insurance company made any assumptions that don’t match the facts. These early decisions shape the rest of the claim, and John knows how to get ahead of them.
He’ll also work to:
- Secure surveillance footage that may have been overlooked
- Follow up with reluctant witnesses or locate people never contacted
- Audit phone records or black box data when distracted driving is suspected
- Find inconsistencies in the other driver’s version of events
John handles communication with adjusters directly, making sure nothing gets twisted or taken out of context.
Because Maryland law is so unforgiving, John takes a meticulous approach to fault. He consults with accident reconstruction experts when needed, reviews traffic signal timing, and gets repair estimates that align with the mechanics of the crash. Every detail supports the argument that his client wasn’t at fault—not even 1%.
If your claim’s at risk because someone is trying to hold you responsible, don’t try to fight it alone. Leppler Injury Law has handled complex car accident disputes across Maryland and knows what it takes to push back. Contact us today to set up a free consultation and get answers tailored to your case.
Locations which Leppler Injury Law has helped victims of car accident injuries include Baltimore, Towson, Glen Burnie, Owings Mills, Pikesville, Parkville, Timonium, and more.
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