Anyone who is injured in a Maryland car accident can pursue a claim for damages against the party or parties they believe to be responsible for causing the accident that led to their injuries. To succeed in a Maryland personal injury case, the plaintiff must be able to establish that the defendants were negligent.
In this context “negligence” is a legal term referring to a four-part analysis. Thus, in a negligence case, the plaintiff must show that the defendant owed them a duty of care, which was violated by the defendant’s conduct, and that the defendant’s negligence was the cause the plaintiff’s injuries. Most often, Maryland personal injury cases that are filed after a car accident are filed against the other drivers involved in the crash. However, in some situations, a driver’s employer can also be named as a defendant.
In Maryland, a car accident victim can pursue a claim against an employer of a negligent driver if the following criteria are established:
- The employer had control over the employee;
- The driver’s allegedly negligent action was within the scope of the driver’s employment; and
- The action was in furtherance of the employer’s business.