Being in a car accident is one of the most stressful situations you can experience. In addition to the damage done to your vehicle, you may also be suffering from injuries, some of which are so severe, they can require tens of thousands of dollars to treat. Injuries can also put you out of work at a time when you need financial stability the most. The hardest part of it all is knowing that your accident and losses could’ve been prevented.
At Potter Law, LLC, our Maryland car accident attorney fights for victims of car crashes. By holding negligent drivers responsible for their actions, we can pursue the full amount of compensation available to you so you can reclaim your life and move on. Call us today to handle your case while you focus on healing.
What Are My Rights After a Car Accident?
After a car accident, navigating the legal landscape can be overwhelming. It's crucial to understand your rights and the steps you need to take to protect them.
Here are the key rights you should be aware of:
Right to compensation: If you’ve been injured due to someone else's negligence, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering.
Right to legal representation: You have the right to hire a lawyer who will advocate for your best interests and help you navigate the complexities of your case.
Right to access evidence: You can request access to police reports, medical records, and other evidence that may support your claim.
Right to a fair settlement: If offered a settlement, you have the right to negotiate and ensure it fairly compensates you for your injuries and losses.
Our experienced car accident attorney in Maryland can help you fully understand your rights and is equipped to fight for the justice you deserve. We offer personalized consultations to discuss your case and provide you with a clear roadmap moving forward. Don’t hesitate to reach out for the support you need during this challenging time.
Liability Laws After a Car Accident in Maryland
The At-Fault System in MD
Maryland adheres to an “at-fault” rule to determine who is liable for damages after a car accident. This means that the injured driver has the option to bring a personal injury claim against the negligent driver. While every state has some way to bring a personal injury claim against a negligent party, some states follow no-fault car accident laws, which only allow personal injury claims to be filed under specific circumstances.
An at-fault system also means that the motorist responsible for causing an accident is the one responsible for paying damages, although this is typically done through an insurance carrier. While this law is generally straightforward for accidents where only one motorist is responsible for causing an accident, most accidents involve the fault of multiple parties, even if that fault is very small. For example, the less negligent party could have been driving a little bit above the speed limit or forgotten to use their turn signal before turning or changing lanes.
Maryland's Contributory Negligence Rule
Maryland lawmakers have taken this fact into account by implementing a “contributory negligence” rule. This rule says that an injured party who is partially responsible for an accident can still file a claim against the more negligent party as long as the claimant is 50% or less responsible for causing the accident.
However, whatever percentage of responsibility the claimant is found to be responsible for will be deducted from the compensation awarded to them. For example, if you are found to be 15% at fault for the accident, the total compensation awarded to you will also be reduced by 15%. Understanding these nuances can be vital in pursuing a successful claim in Maryland.
Contact our team onlineor by phone to schedule your free case evaluation today at (301) 850-7000. At our firm, our clients are directly connected to a Maryland car accident attorney who can help.
What Are Common Causes of Car Accidents?
Car accidents are one of the leading causes of injury in the United States, as more than six million occur annually, and two million drivers experience permanent injuries according to the NHTSA. There are countless different types of car crashes, which is why the range of injuries that can occur is so wide. Injuries can include whiplash, abrasions, broken bones, spinal cord and neck injuries, amputations, traumatic brain injuries, and more.
Some of the top causes of car accidents in the United States include:
Distracted driving: Distracted drivers are anyone who doesn’t have their complete attention on the road while driving. Texting and talking on the phone, eating and drinking, having conversations, and even adjusting your radio are types of distracted driving.
Speeding: Drivers who go above the posted speed limit run the risk of getting into car accidents because the faster they drive, the slower their reaction time. Speeding drivers are less likely to swerve or brake successfully to avoid an accident in time.
Drunk driving: Individuals who drive under the influence of alcohol pose a danger to themselves and others, as alcohol severely impairs one’s judgment and motor functions. Drunk drivers are prone to falling asleep at the wheel, speeding, failing to stop at red lights and stop signs, and swerving.
Reckless driving: Careless driving involves dangerous behaviors that put other drivers and passengers at risk, from weaving in and out of traffic and tailgating to making lane changes without signaling or checking one’s blind spots.
Design defects: While negligent drivers account for many car accidents, sometimes a defective or malfunctioning vehicle part can contribute to a crash. One common example of a design defect is faulty car brakes. In these cases, the manufacturer may be held liable for damages.
What Does a Car Accident Lawyer Do?
A car accident lawyer in Maryland plays a crucial role in assisting injury victims after a car crash by providing a wide range of services.
These services include:
Investigating the cause and extent of the accident: A car accident attorney diligently gathers evidence from various sources, such as police reports, eyewitness accounts, and photographs or videos taken at the scene. This comprehensive investigation helps establish the facts and determine liability.
Negotiating with insurance companies: A car accident lawyer skillfully negotiates with insurance companies on your behalf, advocating for full compensation. An experienced attorney can help you navigate complex insurance policies and ensure that clients receive the financial support they deserve.
Evaluating medical bills and other damages: A car accident can lead to injuries that result in significant medical expenses and other damages. A car accident lawyer can assess medical bills and other related costs, ensuring that all expenses resulting from the incident are considered for compensation.
Recovering lost wages: Following an accident, injuries can often lead to missed work, resulting in financial strain. An attorney helps clients obtain compensation for lost wages, so they can recover financially.
Representing clients in court: In situations where litigation becomes necessary, a car accident lawyer provides legal representation for their clients. An attorney has the skills and experience to present a compelling case in court, fighting for clients' rights and seeking the best possible outcome.
A car accident lawyer goes beyond these specific services and offers invaluable legal advice and support throughout the entire process. They are well-versed in advocating for their clients' rights both inside and outside the courtroom. With their assistance, clients can achieve fair settlements or favorable outcomes by presenting strong arguments supported by compelling evidence.
How Our Car Accident Lawyer in Maryland Can Help
After your accident, it may seem obvious to you that you deserve compensation from the at-fault driver. No matter how straightforward your accident may seem, however, it’s possible for complications to arise. Insurance adjusters often attempt to undermine victims’ claims to avoid giving them the compensation they deserve. Having an experienced Maryland car accident lawyer guarding your rights can help you have a successful case.
Our firm has successfully recovered millions for our valued clients and aren’t afraid to go to trial if that’s what it takes to win. Damages we can recover for you include:
Past and future medical bills
Lost income
Property damage
Pain and suffering
Loss of companionship (in some cases, like wrongful death suit)
Funeral and burial expenses (in a wrongful death suit)
When you work with our firm, you're connected with a lawyer who will keep you updated at all times. Our clients’ well-being comes first.
Commonly Asked Questions
What Are the Steps Following a Car Accident in Maryland?
If you're involved in a car accident in Maryland, stay at the scene and call emergency services right away. Prioritize safety by moving to a secure location if possible. Get checked by medical professionals and give a factual report to the police. Gather contact and insurance info from other drivers and collect witness details. Use your phone to photograph the scene, including vehicle damage, injuries, road conditions, and signage. Report the accident to your insurance company, then consult a car accident attorney in Maryland to guard your legal rights.
How Can I Obtain a Police Report for a Car Accident in Maryland?
Get in touch with the local law enforcement agency that handled the accident to obtain a copy of the police report. Usually, you have to fill out a form, and getting the report could cost a little money.
How Long Do I Have to File a Car Accident Claim in Maryland?
The three-year statute of limitations in Maryland applies to filing a claim for an automobile accident. This holds true for claims involving both property damage and bodily injury. You must take action within this window of time in order to protect your legal rights. If you don't submit a claim within the allotted three years, you can forfeit your chance to pursue damages or compensation for your injuries. Speaking with a lawyer as soon as possible after the accident increases the likelihood that your case will be handled successfully and that all the paperwork and evidence will be acquired on time.
