To get financial compensation for a car crash injury in Maryland, you first must prove liability for the incident. Building a solid case proving 100% liability after an auto accident in Maryland often involves piecing together multiple sources of important evidence.

Your own account of the incident can be a starting point, but you will need considerably more than that to prove liability for compensation purposes.

Two Elements of Car Accident Claims

Car accident claims involve proving both liability and damages. Liability means firmly establishing who caused the crash and exactly why they are responsible for it. Evidence which will help you establish that includes:

Statements made by the at-fault driver, especially at the scene or in depositions
Eyewitness testimony, including signed statements or sworn depositions
Police reports by Maryland officers at the scene
Evidence of traffic violations, citations, or criminal charges
Video footage from dashcams, security cameras, or even cell phones

In addition to proving liability, you are also going to have to prove injuries and losses related to the accident (i.e. damages.) Things which will help you prove that include:

Testimony from the injured person themselves about the accident’s impact on their life
Medical records and treatment plans describing the injury severity, duration, and the necessity of ongoing care
Reports from loved ones or caretakers who witness the effects of the injuries
Employment and wage statements regarding missed work

Proving Negligence

In Maryland, determining who is financially responsible for injuries after a car accident hinges on proving negligence. To do this, you or your experienced Towson car accident lawyer must prove that a driver (or other responsible party) failed to exercise reasonable care and that this failure of theirs led to the crash and the resulting accident injuries you have suffered.

There are four essential components related to negligence that you need to be aware of:

Duty of Care

In Maryland, drivers inherently owe a natural duty to others on the road to operate their vehicles safely and in a responsible manner. In other words, they must follow important traffic laws, avoid unnecessary distractions, and use a basic and proper caution to prevent accidents whenever possible. While these all may seem like things any driver with common sense would adhere to, you would be amazed at how often driver’s fall short when it comes to them.

It is also required by law that drivers in Maryland take necessary steps to protect other drivers, pedestrians, and passengers from harm. The duty of care of drivers is usually a straightforward element of negligence to prove.

Breach of Duty

A breach of duty happens when a driver’s behavior falls below the standard of what a reasonable driver would do in a similar situation. A breach can involve many types of errors or misjudgments, such as:

Speeding
Reckless driving, especially in poor weather conditions
Distracted driving, such as texting or adjusting dashboard controls
Following other vehicles too closely
Ignoring stop signs or red lights
Failing to signal before changing lanes or making abrupt maneuvers
Changing lanes or turning when it is unsafe to do so
Driving while impaired by alcohol, drugs, or other substances

The breach is often demonstrated through evidence of traffic violations, which may be documented in police reports or witness accounts. However, even if no specific traffic law was violated, a driver can still be negligent if their actions were irresponsible under the circumstances. Whether a breach occurred is typically left to a judge or jury.

Actual Injury or Loss

Claimants must next prove they suffered actual physical harm from the accident. Without injuries and losses, there is no valid car accident claim. For instance, if a driver’s careless action forces another motorist to swerve to avoid a crash, but no one is hurt, the legal elements of negligence are incomplete and they likely should not receive compensation.

The plaintiff’s injuries must be physical and not merely emotional or psychological. While emotional distress may be considered if linked to a physical injury, it alone does not satisfy the requirements for a claim. Medical records, diagnostic tests, and the injured person’s testimony are often important evidence to prove actual harm.

Causation

Finally, causation connects the liable party’s actions to the resulting injury. The claimant must show that their injuries resulted from the defendant’s negligent conduct, which may include causing new injuries or exacerbating pre-existing conditions. This element is often relevant in cases involving back, neck, or soft tissue injuries that might arise over time. Insurance companies might also try to challenge causation of injuries to avoid liability for a claim.

Contributory Negligence Laws in Maryland

Maryland adheres to the doctrine of contributory negligence, a legal standard that can significantly impact the outcome of personal injury claims, including those arising from car accidents. Under this doctrine, if an injured party contributed to the accident in any way, even minimally, they may be barred from recovering any compensation for their injuries.

What Is Contributory Negligence?

Contributory negligence is a legal principle that denies compensation to a plaintiff if they are even one percent at fault for the incident that caused their injuries. This is in contrast to the more widely adopted comparative negligence system, where a plaintiff’s recovery is reduced by their percentage of fault. Maryland is one of the few states still following the contributory negligence rule.

Implications for Car Accident Claims

In the context of car accidents, the contributory negligence rule means that if a driver contributed in any way to the accident, even by a small margin, they may be completely barred from recovering damages. For example, if a driver was speeding slightly or failed to signal a turn, and these actions contributed to the accident, they might be deemed contributorily negligent and thus ineligible for compensation.

Challenges in Proving Fault

Proving that the other party was entirely at fault is critical in Maryland due to the strict nature of the contributory negligence doctrine. Even seemingly minor mistakes or infractions by the plaintiff can be used by the defense to argue that they contributed to the accident.

The Last Clear Chance Doctrine

Maryland recognizes the last clear chance doctrine, which can sometimes mitigate the harsh effects of contributory negligence. Under this doctrine, if the defendant had the final opportunity to avoid the accident but failed to do so, the plaintiff may still recover damages despite their own contributory negligence. However, successfully invoking this doctrine requires specific evidence and is often challenging.

The Importance of Legal Guidance

Given the stringent nature of contributory negligence laws in Maryland, individuals involved in car accidents must understand their rights and the potential obstacles in pursuing compensation. Careful documentation of the accident scene, witness statements, and adherence to traffic laws can be critical in establishing fault and overcoming contributory negligence defenses.

Who Can Be Held Liable For a Car Accident in Maryland?

In car accident cases, liability often extends beyond just the drivers directly involved in the crash. Depending on the specifics of the accident, multiple parties might share responsibility for the resulting injuries and damages.

Here are some examples of parties who can potentially be held liable after a car accident in Maryland:

Other drivers: Frequently, the most apparent liable party is the driver whose negligent actions caused the collision. This might include behaviors such as distracted driving, excessive speeding, failure to obey traffic signals, or unsafe lane changes.
Vehicle manufacturers: If a defect or mechanical issue contributed to the crash, such as brake failure, tire blowouts, or airbag malfunctions, the manufacturer of the vehicle or its components could be held accountable.
Government entities: Poorly maintained roads, missing or obscured traffic signs, or hazardous road conditions may contribute to accidents. In such cases, the government agency responsible for road maintenance and safety can be a liable party.
Employers: When a driver causes a crash while performing work duties, such as driving a delivery truck or company vehicle, their employer may be held legally responsible under the legal concept of vicarious liability.

Every accident case is unique, and pinpointing who is liable requires thoroughly investigating the facts and evidence. All potentially responsible parties must be identified when proving liability after a car accident in Maryland so that car accident claims can be pursued accordingly.

The Role of Insurance Companies in Your Car Accident Claim

After a car accident in Maryland, dealing with insurance companies can quickly become one of the most challenging aspects of your claim. It’s important to remember that insurance adjusters, despite their friendly demeanor, are not looking out for your best interests. Their primary goal is to protect the company’s bottom line, which often means minimizing payouts or denying claims outright.

Insurance companies employ adjusters trained to gather information that can be used to reduce or deny your compensation. While they may sound helpful and understanding on the phone, these conversations are carefully guided to elicit statements from you that can later be used against your case. Adjusters are skilled at leading conversations toward comments that might suggest you share even a minimal amount of fault for the accident.

Maryland’s contributory negligence rule gives insurers a powerful tool: if they can show that you were even slightly responsible for the accident, even if it was as little as one percent, they can potentially deny your claim in full. This means that even an offhand comment, like “I should have been paying closer attention” or “I didn’t see the other car,” could provide them with just enough ammunition to argue you share some degree of fault.

Because of this, injured parties should be extremely cautious when speaking with insurance representatives. Their job is not to help you recover fair compensation but to find ways to limit or deny it. Before giving any statements, it’s wise to consult someone who understands the tactics insurers use and how Maryland’s laws apply to your situation.

Contact Skilled Towson Auto Accident Attorney John Leppler Today

Proving liability after a car accident in Maryland can be challenging, but the good news is that professional help is available. Attorney John Leppler is ready to provide the support and legal guidance you need after an accident. With a strong understanding of Maryland’s contributory negligence rules and the tactics insurance companies use to limit claims, John will stand up for your rights every step of the way.

He will carefully look into the circumstances of your crash, examining evidence such as police reports, witness statements, and physical damage to determine who is truly at fault. Even if it initially seems you might share responsibility, a detailed analysis can often reveal a different story.

From handling all the legal paperwork and meeting critical deadlines to communicating directly with the insurance company, John takes the pressure off you so you can focus on healing. His goal is to pursue the full value of your claim, including compensation for medical expenses, lost income, property damage, and the emotional and physical impact of the accident.

If you’ve been injured in a Maryland car accident, contact Leppler Injury Law today at 443-955-1989 or online to discuss your options and get the skilled advocacy you need.

Proving Liability After a Car Accident in Maryland