​​How Is Fault Determined in a Car Accident in Maryland?

Maryland Car Accident Lawyers

The Maryland car accident lawyers at Regan Zambri Long are experts in Maryland law. We deeply understand what you and your family are going through. The last thing on anyone’s mind after a car accident is a lawsuit. However, with medical bills piling up, we also understand the need for financial compensation after a devastating accident. Call for a free consultation with a compassionate car accident lawyer who will guide you through the claims process and get started on your case.

What Is Maryland’s Fault System?

In Maryland, “fault” in the context of car accidents refers to the party responsible for causing the car crash. This determination is very important, as Maryland operates under an “at-fault” insurance system. 

Unlike no-fault states, where individuals turn to their insurance coverage for compensation regardless of who caused the accident, Maryland requires the at-fault driver’s insurance to pay for the damages. 

The center of determining fault is negligence. Establishing fault hinges on proving that a driver acted negligently—breaching a duty of care on the road, leading to an accident and resulting damages. 

Did negligence cause my car accident?

Negligent behaviors that lead to car accidents are varied and, unfortunately, common. They include, but are not limited to:

• Distracted Driving
• Speeding
• Driving Under the Influence
• Reckless Driving
• Fatigued Driving
• Poor Vehicle Maintenance

How Can I Determine Fault After My Maryland Car Accident?

Determining fault after a car accident is a fundamental step in the claims process, as it directly affects the outcome of insurance settlements and legal proceedings. A Regan Zambri Long car accident lawyer will do the following to determine who is liable for your car accident:

Investigative Procedures Post-Accident

• On-scene investigation by law enforcement: Police officers typically arrive at the scene to assess the situation, create an accident report, and sometimes issue citations if clear violations have occurred.
• Collection of evidence and documentation: This includes gathering physical evidence, taking photographs, interviewing witnesses, and documenting road, weather, and traffic conditions.
• Role of accident reconstruction specialists: These experts can be pivotal in complex cases, using scientific methods to piece together the accident’s circumstances and contributing factors.

Witnesses and Testimonies

• Witness statements: Neutral third-party witnesses can provide unbiased accounts that may corroborate or dispute the involved parties’ versions of events.
• Expert testimonies: Specialists in fields such as automotive engineering or medical experts can offer insights that establish the severity of the impact and the resulting injuries.
• Passenger testimonies: Passengers can provide perspectives on the accident, although their accounts may be scrutinized for bias due to their relationship with the driver.

Use of Traffic Cameras and Photographic Evidence

• How traffic camera footage is used: It can provide real-time evidence of the accident, capturing the moment of collision and the drivers’ actions just before impact.
• The importance of photographic evidence from the scene: Photos can show vehicle positions post-impact, road conditions, and damage incurred, helping to reconstruct the event.
• Limitations of visual evidence: Camera angles, quality, and obstructions can limit the usefulness of photographic evidence, and it may not capture the complete sequence of events.

While the investigative procedures, testimonies, and visual evidence form the core of determining fault, additional methods bolster a victim’s claim. These can include consulting with medical professionals to link injuries directly to the crash, analyzing cell phone records to prove distracted driving, or presenting maintenance records to dispute claims of vehicle malfunction. 

Thoroughly documenting personal recollections, physical symptoms, and financial losses immediately after the accident can also provide compelling evidence to prove fault in a Maryland car accident case.

What is the role of insurance companies in determining fault?

In the wake of a car accident, insurance companies start with the initial claims process, where victims report the incident and initiate their request for compensation. 

 Insurance adjusters then step in to conduct an investigation, examining the accident’s circumstances, the extent of damages, and any supporting evidence to assess the claim’s validity. 

This investigation will shape the settlement offers that follow, often a calculated figure reflecting the company’s liability assessment. Afterward, the negotiation process begins, during which the victim (with the help of a car accident attorney) can accept, reject, or counter the settlement, seeking fair compensation that is in line with the injuries sustained.

Your Car Accident and Maryland’s Contributory Negligence Law

Maryland’s contributory negligence law plays a pivotal role in car accident claims. Under this stringent rule, if a party is found to be even minimally at fault for the incident, they are barred from recovering any damages. 

This means that if a driver is deemed to be 1% responsible for the accident, they cannot collect compensation from the other party who may be 99% at fault. This is one of the reasons it is so important to have a competent car accident lawyer by your side. We will be able to conduct a thorough investigation that proves you had no responsibility in the car crash and are rightfully owed financial compensation for your injuries and damages. 

Let the Regan Zambri Long Car Accident Lawyers Help

While no law states that you need a car accident lawyer to file a claim, your chances of maximum compensation increase if you have an experienced attorney by your side. 

At Regan Zambri Long, our car accident lawyers have won millions for our clients and are confident we can do the same for you. We work on a contingency basis, which means you don’t pay a dime unless we win a settlement or verdict in your favor. Call today for a free consultation to get the process started.