Car Accident Laws in Maryland

Posted on January 30, 2024 By legalchiefs
Car Accident Laws in Maryland

Understanding Car Accident Laws in Maryland: A Complete Guide to Compensation

If you’ve been involved in a car accident in Maryland, it’s crucial to understand the state’s car accident laws to secure the compensation you deserve. Maryland operates under a “tort” or “at-fault” system, making it essential to determine fault in your case. However, your first priority should always be safety. Ensure that everyone involved is safe and call 911 if anyone requires medical assistance.

Statute of Limitations in Maryland:

In Maryland, there is a three-year statute of limitations for filing car accident claims. This means you must initiate your claim within three years from the date of the accident. If you miss this window, you may lose your right to seek compensation.

 

Steps to Pursue Compensation in Maryland:

If you wish to seek compensation after a car accident in Maryland, you typically have three options:

  1. File a Claim Against the At-Fault Driver’s Insurance
    • This is the most common approach. You’ll work directly with the at-fault driver’s insurance company to settle your claim.
  2. File a Personal Injury Lawsuit Against the At-Fault Driver
    • If negotiations with the insurance company fail, you may need to file a lawsuit against the driver directly.
  3. File an Uninsured Motorist Claim on Your Own Policy
    • If the other driver is uninsured, you can file an uninsured motorist claim under your own policy to recover damages.

 

Determining Fault in Maryland Car Accidents:

Maryland follows a pure contributory negligence rule, which significantly impacts your ability to recover compensation. Under this rule, if you are found to be even slightly at fault for the accident, you may be barred from receiving any damages from the other party. Therefore, gathering evidence to support your claim is essential.

Typically, a police officer will file an official report detailing crucial observations such as street signs, signals, weather conditions, and vehicle positions. This report can be vital for your case, and if witnesses were present, the police may gather their statements. You have the right to obtain a copy of this report for your records.

 

Collecting Evidence: Proving You Were Not at Fault

To strengthen your claim, gather evidence at the accident scene. If possible, take photographs of the scene before the police arrive and speak with any witnesses. Video recordings of witness statements can also be invaluable, as Maryland’s contributory negligence law prevents you from recovering damages if you are found to share any liability.

 

Why Choose Legal Chiefs for Your Maryland Car Accident Case?

Navigating Maryland’s car accident laws can be complex, but you don’t have to do it alone. At Legal Chiefs, we are dedicated to connecting you with experienced attorneys who can guide you through the process and help you pursue the compensation you deserve. If you’ve been involved in a car accident, don’t hesitate to contact us today to find an auto accident injury attorney ready to assist you.

Find an Auto Accident Injury Attorney Today

 

 

Auto Accident FAQ

Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation. There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver. Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages. Compensatory damages are the most common type of damages in a personal injury claim, and they often include: ● Current and future medical bills ● Property damage ● Emotional duress ● Lost wages ● Loss of enjoyment of life ● Loss of future earnings potential On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.