A car accident can result in serious injuries. Typically, legal responsibility for the financial repercussions of the accident lies with the party or parties deemed responsible. However, the injured party must ascertain the liable parties to pursue compensation. How does one determine fault in a car accident?
Start the process by retaining legal counsel. A skilled Maryland car accident attorney can identify the responsible parties and initiate a personal injury claim to seek compensation for the complete extent of your injuries. The attorney compiles evidence related to the incident and works with expert witnesses for a comprehensive evaluation to determine fault.
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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.
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.
Negligent behaviors that lead to car accidents are varied and, unfortunately, common. They include, but are not limited to:
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:
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.
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.
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.
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.