How Determining Fault Can Impact Your Maryland Car Accident Claim

When it comes to determining who is at fault in a car accident, some cases are simple, while others are much more complex and unclear. In a fender bender accident, for example, one may assume that the at-fault party was clearly the vehicle that collided with the car ahead of it. But upon further inspection, if the driver that was ahead suddenly stopped because they were texting and thus caused the vehicle behind them to rear-end them, allocating fault between the parties could get tricky.

In many car accident claims, establishing fault is a crucial part of your case. Understanding how Maryland determines fault and how it impacts your compensatory damages is therefore crucial toward the success of your claim.

According to a recent local news report, Maryland State Police are looking into a fatal two-vehicle accident that occurred in Baltimore County. Based on a preliminary investigation, the driver of a Toyota Prius was parked on the left shoulder of the road after being involved in a separate accident. A Hyundai driver then lost control of his vehicle, collided with a concrete barrier, and crashed into the Toyota Prius that was parked on the left shoulder. The Hyundai driver and its two passengers were transported to a local hospital for treatment and the driver of the Toyota Prius was uninjured. One of the Hyundai’s passengers was pronounced dead at the hospital. Although the accident remains under investigation, Maryland State Police noted that speeding and impaired driving were not factors that caused the crash.

Maryland is considered an at-fault state for car accidents, which means that drivers are allowed to sue the at-fault party for compensation after an accident takes place. Under an at-fault system or framework, the party that caused the accident is responsible for resulting harm such as injuries, death, or property damage. Damage from the accident is typically covered by the insurance policy of the at-fault party.

In an at-fault state like Maryland, you can also choose to pursue a personal injury claim against the at-fault party. If you decide to pursue a personal injury claim, however, it is best to consult with an experienced attorney about the details and facts surrounding your case first.

Because Maryland operates under a pure contributory negligence framework, you may be barred from receiving compensation depending on how the accident took place. Under a pure contributory negligence system, injured victims found at all responsible for the accident taking place or for causing their injuries are not entitled to any compensation. Even if the injured party was one percent at fault, that is enough to bar them from recovering. Thus, before proceeding with your personal injury lawsuit, contact an experienced lawyer and discuss the details of your case first to ensure that you are not blindsided by Maryland’s rules.

Do You Need a Maryland Personal Injury Lawyer?

If you or someone you know was recently injured in a Maryland car accident, contact the attorneys at Lebowitz & Mzhen today. Our lawyers have years of experience representing all kinds of clients in various personal injury claims and will work to get you the compensation you deserve. To schedule a free initial consultation today, contact us at 800-654-1949.

Contact Information