Car accidents are a scary reality for drivers everywhere, and Maryland is no exception. If you’ve been involved in a collision and suffered injuries, understanding how fault is determined becomes crucial in securing compensation for your losses. Here in Maryland, the concept of “contributory negligence” plays a primary role, and Attorney Big Al, a skilled Car Accident Lawyer Maryland can help you navigate its complexities.
What Is Contributory Negligence?
Unlike some states with a “comparative negligence” system, Maryland follows a stricter “contributory negligence” rule. This means that if you are found to be any percentage at fault for causing the accident, you may be barred from recovering any compensation for your damages.
Imagine this scenario: Driver A impatiently speeds through a red light and collides with Driver B who was momentarily distracted looking at the radio. Even though Driver A clearly violated traffic laws, if Driver B is found to be contributing even slightly to the accident by being distracted, they might not be eligible for any compensation under Maryland’s contributory negligence rule. Read Top-Rated Car Accident Lawyer Maryland to learn more.
How Does Maryland Determine Fault In Car Accidents?
After a car accident, insurance companies for all parties involved will investigate the incident to determine fault. This investigation typically involves reviewing the police report, gathering witness statements, and analyzing the damage to the vehicles.
Evidence plays a vital role here. Photos of the accident scene, damage to vehicles, and any visible injuries can significantly strengthen your case. In complex situations, accident reconstruction experts may be employed to analyze skid marks, debris patterns, and other factors to establish a clear picture of how the accident unfolded.
Sharing Fault In Maryland Car Accidents
It’s important to understand that Maryland does not follow a “modified comparative negligence” system, where compensation is awarded based on a percentage of fault shared by each party. Here, contributory negligence reigns supreme. If you are found to have contributed in any way to the accident, your claim for compensation might be entirely denied.
What Happens If I Am Found Partially At Fault?
Being partially at fault doesn’t necessarily mean you’re out of luck. However, it significantly impacts the amount of compensation you can receive. The court will assign a percentage of fault to each party involved. Let’s say the court finds Driver A 70% at fault and Driver B 30% at fault for the accident. If Driver B sues for $100,000 in damages, their compensation will be reduced by 30% (their share of the fault) to $70,000.
What To Do After A Car Accident In Maryland
Following a car accident in Maryland, here are some crucial steps to take:
- Seek Medical Attention: Your health is paramount. Get immediate medical attention for any injuries sustained in the accident, regardless of severity.
- Gather Evidence: Document everything! Take photos of the accident scene, damage to vehicles, and any visible injuries. Collect names and contact information of any witnesses. Obtain a copy of the police report when available.
- Contact Attorney Big Al: Consulting a skilled Car Accident Lawyer Maryland like Attorney Big Al is vital. The legal complexities of fault determination in Maryland can be overwhelming. Attorney Big Al’s experience and expertise can help navigate the legal process, gather evidence, and fight for the maximum compensation you deserve.
Common Causes Of Car Accidents Leading To Fault Issues In Maryland
Maryland’s contributory negligence rule makes understanding common causes of car accidents crucial. By recognizing these situations, you can potentially avoid contributing to an accident and strengthen your claim if one occurs. Here are some frequent causes of car accidents that can lead to finger-pointing and fault disputes:
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Distracted Driving: Texting, talking on the phone, eating, or using GPS while driving are all significant distractions that can significantly impair your ability to react to changing road conditions. In Maryland, if you’re caught engaging in distracted driving behaviors and it contributes to an accident, you could be found partially at fault.
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Speeding: Disobeying speed limits is a major cause of accidents. Speeding reduces reaction time and increases the severity of crashes. If you’re found exceeding the speed limit and it contributes to an accident, you could be sharing some of the blame.
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Reckless Driving: This encompasses aggressive driving behaviors like tailgating, weaving through traffic, or ignoring traffic signals. Any reckless action that contributes to an accident can result in being assigned a percentage of fault.
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Driving Under the Influence (DUI): Operating a vehicle under the influence of alcohol or drugs is illegal and extremely dangerous. In Maryland, a DUI conviction almost certainly establishes you as the at-fault party in an accident.
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Improper Lane Changes: Failing to signal lane changes, not checking blind spots, or making sudden lane changes can cause collisions. If you cause an accident due to improper lane changes, you might be found partially at fault.
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Right-of-Way Violations: Disregarding traffic signs and signals, especially failing to yield the right of way, is a common cause of accidents. In Maryland, not yielding the right of way when required can establish you as partially at fault.
Understanding contributory negligence is essential for Maryland drivers involved in car accidents. If you’ve been injured, remember that even a small percentage of fault can significantly impact your ability to recover compensation. Attorney Big Al, a trusted Car Accident Lawyer Maryland, can be your strong advocate throughout the legal process.
Understanding these common causes and how they can impact fault determination can empower you to be a safer driver and potentially avoid situations where contributory negligence comes into play. Remember, Attorney Big Al is here to help. If you’ve been involved in an accident and have questions about fault or compensation, contact them for a free consultation.
Have you been injured in a car accident in Maryland? Don’t navigate the legal complexities alone. Contact Attorney Big Al today for a free consultation.
Frequently Asked Questions About Car Accident Fault In Maryland With Attorney Big Al
Understanding fault in Maryland car accidents can be confusing. Here are some frequently asked questions to help clarify:
What if I was speeding slightly, but the other driver ran a red light?
Maryland’s contributory negligence rule is strict. Even minor speeding that contributes to an accident could prevent you from recovering any compensation. However, the severity of your speeding violation will be weighed against the other driver’s clear disregard for the red light. An attorney can help argue your case based on the specific details of the accident.
Can a passenger be found at fault in a car accident?
Yes, passengers can be found at fault in certain situations. For instance, if a passenger is distracting the driver by yelling or grabbing the wheel, they could be partially responsible for an accident. Similarly, if a passenger is intoxicated and encourages the driver to drink and drive, they might share some fault.
What happens if both drivers are found partially at fault?
Maryland doesn’t follow a comparative negligence system. So, if both drivers are found at fault, the compensation awarded to the injured party will be reduced by their percentage of fault. For example, if you’re 20% at fault and suffer $100,000 in damages, you’d only receive $80,000 after the reduction.
How long do I have to file a car accident claim in Maryland?
The statute of limitations for filing a car accident claim in Maryland is generally three years from the date of the accident. It’s crucial not to wait too long, as evidence can become harder to find over time.
Should I contact a lawyer after a car accident, even if I think it’s a minor case?
Consulting with a Car Accident Lawyer in Maryland like Attorney Big Al is always recommended. They can assess your situation, advise you on your legal rights, and help navigate the complexities of fault determination and insurance claims. Even in seemingly minor cases, an attorney can ensure you receive fair compensation for your injuries and damages.