Maryland Car Accident Attorney Blog
Although some cases go to trial, many Maryland car accident cases are decided by the court based on the evidence and pleadings. After the evidence has been submitted, a party can file a motion for summary judgment to have the court rule on the issues in the case. Under Maryland law, summary judgment may be granted if there is no genuine issue regarding any material fact, and the party seeking summary judgment is entitled to judgment as a matter of law. In considering a motion for summary judgment, the court will view the case in the light most favorable to the non-moving party and drawing any reasonable inferences from the facts against the moving party. There has to be evidence from which a jury could find in the non-moving party’s favor to deny summary judgment. The party seeking summary judgment is responsible for clearly identifying deficiencies in the case that show the absence of a genuine issue of fact.
In a recent case before a state supreme court, the court considered whether the plaintiff was entitled to judgment as a matter of law based on the evidence in a two-vehicle car accident case. In that case, the plaintiff was approaching an intersection where he intended to turn left. The defendant had also stopped at the intersection, and after he entered the intersection, he struck the driver side of the plaintiff’s vehicle as both vehicles were making left turns. The plaintiff sued the defendant for damages. Both parties and their spouses testified at the trial and presented two different accounts of the crash. The jury found the defendant was not negligent, and the plaintiff appealed the decision.
On appeal, the plaintiff argued in part that the judge should have found he was entitled to judgment as a matter of law because he claimed the defendant violated the right-of-way. The court disagreed. The court explained that the jury heard two versions of the accident. The plaintiff claimed that the defendant was negligent for failing to yield the right-of-way and that the defendant accelerated quickly and failed to perceive the vehicle because the sun blocked his vision. On the other hand, the defendant claimed that he approached carefully and proceeding slowly before colliding with the plaintiff, who had entered his lane of travel. Therefore, even if the jury found that the defendant violated the right-of-way, it could still find that he acted reasonably under the circumstances. Thus, the court upheld the jury’s verdict in favor of the defendant.
Why Is Summary Judgment So Important in Personal Injury Cases?
Summary judgment is a crucial proceeding in a personal injury lawsuit, because, if a case survives summary judgment it is much more likely to make it to trial. in turn, this means that the defendant, usually an insurance company, is much more willing to settle the case.
Maryland Car Accident Lawyers
Maryland car accident victims have to deal with the challenges of the aftermath of an accident and should find an attorney who can guide them through the legal process. Understanding which type of case to file, the nature and scope of damages available, and the first steps to take and important decisions and only an attorney experienced in car accident cases should handle such matters. Lebowitz & Mzhen, Personal Injury Lawyers, can help you assess your situation today. Contact us at (800) 654-1949 or through our online form to set up a free consultation.