Maryland Car Accidents with an Out-of-State Driver

A car accident is always a stressful experience, but it can become even more complicated when the driver who caused it is from another state. If you are a Maryland resident who has been injured in a local accident by an out-of-state driver, you might have questions about your rights and how to pursue compensation. Understanding how jurisdiction, state laws, and insurance work in this situation is crucial.

This guide will walk you through the key factors to consider when you’ve been injured by an out-of-state driver in Maryland. We will cover where to file your claim, which laws apply, and why having a local attorney is so important. At Leppler Injury Law, we have extensive experience helping Maryland residents navigate these complex cases and secure the compensation they deserve.

Where Do I File My Claim? Understanding Jurisdiction

After being hit by an out-of-state driver, one of the first questions is, “Where do I file my lawsuit?” This is a question of legal jurisdiction—the authority of a court to hear and decide a case. When an accident happens in Maryland, you generally have a few options for where to file your claim.

1. Filing in Maryland: The Place of the Accident

The most common and logical place to file your personal injury lawsuit is in the state where the accident occurred. Since the collision happened in Maryland, our state courts have jurisdiction over the matter. This is often the most practical choice because all the evidence, such as the police report, witness statements, and medical records from your initial treatment, will be located here.

Filing in Maryland means your case will be governed by Maryland’s laws and procedures. This provides a level of predictability and convenience, as you will be dealing with a familiar legal system. A local attorney can easily manage the case, from filing the initial complaint to representing you in court, without the added complexities of out-of-state travel.

2. Filing in the Other Driver’s Home State

Another option is to file the lawsuit in the state where the at-fault driver resides. This is legally permissible because that state’s courts have jurisdiction over its residents. However, this approach can create significant challenges for you.

If you choose to sue in the other driver’s home state, your case will be subject to that state’s laws, deadlines, and court procedures. You would also need to hire an attorney licensed to practice in that state. This can be inconvenient and costly, involving travel for depositions, hearings, and a potential trial. For these reasons, Maryland residents injured in Maryland typically find it more advantageous to keep the legal proceedings local.

Which State’s Laws Apply to My Case?

Even if the other driver is from a state with different traffic or negligence laws, your case will almost certainly be governed by Maryland law because the accident happened here. This is a critical point, as state laws can vary dramatically, especially when it comes to determining fault.

Maryland’s Strict Contributory Negligence Rule

Maryland is one of the few states that still follows the legal doctrine of contributory negligence. This rule is incredibly strict and can be a major hurdle for injury victims. Under contributory negligence, if you are found to be even 1% at fault for the accident, you are barred from recovering any compensation from the other driver.

For example, if a driver from Pennsylvania runs a red light and hits you, but it’s determined you were going one mile per hour over the speed limit, an insurance company could argue you were contributorily negligent. If a court agrees, you would receive nothing for your medical bills, lost wages, or pain and suffering.

In contrast, most other states use a “comparative negligence” system. In a comparative negligence state like Pennsylvania, your compensation would simply be reduced by your percentage of fault. If you were found 10% at fault, you could still recover 90% of your damages. Because Maryland’s rule is so harsh, insurance companies for out-of-state drivers often try to find any small detail to blame the Maryland victim and avoid paying the claim. This makes it essential to have an experienced Maryland attorney who knows how to counter these tactics.

Dealing with an Out-of-State Insurance Company

When the at-fault driver is from another state, you will be dealing with their insurance company, which may not be based in Maryland. These insurers are familiar with their own state’s laws and may try to apply them to your case, or they might leverage Maryland’s tough contributory negligence rule to their advantage.

An out-of-state insurance adjuster may be less familiar with local Maryland medical providers, repair shops, and the value of claims in our area. They might undervalue your injuries or pressure you into accepting a quick, lowball settlement offer. Their goal is to protect their company’s bottom line, not to ensure you receive fair compensation.

Having a local Baltimore personal injury lawyer evens the playing field. Your attorney will handle all communications with the insurance company, present a well-documented claim based on Maryland law, and negotiate aggressively on your behalf. If the insurer refuses to offer a fair settlement, your lawyer will be prepared to take them to court in Maryland.

How to Pursue a Lawsuit Against an Out-of-State Driver

Filing a lawsuit against someone who lives in another state involves a specific legal procedure. To begin a lawsuit, the at-fault driver (the defendant) must be formally notified through a process called “service of process.” When the defendant lives out of state, this is handled through Maryland’s “long-arm statute.”

This statute allows a Maryland court to exercise jurisdiction over a non-resident who has caused harm within the state. The process typically involves serving the lawsuit documents to the Maryland State Department of Assessments and Taxation (SDAT), which then forwards the notice to the out-of-state driver. This ensures the defendant is properly notified of the lawsuit, satisfying legal requirements and allowing your case to move forward in a Maryland court. An attorney can manage this process correctly to avoid any procedural delays.

Why You Need a Local Maryland Attorney

Navigating a personal injury claim against an out-of-state driver presents unique challenges. Hiring a local attorney who is deeply familiar with Maryland’s laws and court systems is your best strategy for success.

Here’s how a Baltimore car accident lawyer like John Leppler at Leppler Injury Law can help:

• Investigating the Accident: We will gather all necessary evidence, including the police report, witness interviews, photos, and expert analysis, to build a strong case that proves the other driver was 100% at fault.
• Fighting Contributory Negligence: Our team knows the tactics insurance companies use to shift blame and will work to defeat any claims that you contributed to the accident.
• Handling All Communications: We will manage all interactions with the out-of-state insurance company, so you can focus on your recovery.
• Navigating Legal Procedures: We will handle the complexities of filing a lawsuit against a non-resident, ensuring all procedural rules are followed correctly.
• Maximizing Your Compensation: We will fight for a settlement that covers all your damages, including medical expenses, lost income, and pain and suffering.

Leppler Injury Law: Your Advocate in Maryland

Being injured by a driver from another state shouldn’t put you at a disadvantage. Baltimore car accident lawyer John Leppler and the team at Leppler Injury Law are dedicated to protecting the rights of Maryland residents. We have the local expertise and legal skill to handle the complexities of your case and hold negligent out-of-state drivers accountable.

If you were injured in a car accident in Maryland caused by an out-of-state driver, don’t navigate the legal system alone. Contact Leppler Injury Law today for a free consultation to discuss your case and learn how we can help you on your path to justice and recovery.