April 17, 2023
Fault: How Is It Determined in Maryland?
Car accidents can be frightening experiences. While safety should be your top priority, you may have some concerns after your collision. For example, you might worry about medical bills or the cost of vehicle repairs.
To recover your damages, you must show that another party is at fault for the accident. Understanding how fault is determined in Maryland is crucial for the success of your claim. At Montero Law Group, we can evaluate your claim, decide who holds fault and help you choose the best path forward.
How To Determine Fault
Maryland uses an at-fault system to assign responsibility for accidents. The party that is decided to be at fault is liable for any damages or losses incurred by the other party or parties involved in the accident. Compensation is typically obtained through insurance claims, but in some cases, the responsible party may pay out of pocket.
The process for determining fault in car accidents can be complex and may involve various factors, including the circumstances that led to the accident and the degree of negligence shown by the at-fault driver. Sometimes, it may be shared between multiple drivers or parties involved in the accident, leading to a more complicated legal process.
Many people are not sure how to determine fault in a car accident, especially if they have never been involved in a collision before. Maryland contributory negligence laws are strict, making it challenging to pursue an accident claim. Under these laws, drivers cannot seek damages if they are determined to be partially at fault for an accident.
Who Determines Fault in a Car Accident?
Although Maryland does not require all car accidents to be reported to the police, it is still best to contact the authorities after an accident. The responding officer will file a report at the scene, which is usually crucial in identifying the responsible party or parties. However, insurance companies have the final say when determining fault.
To protect your rights, avoid saying anything that could suggest you are to blame. Take pictures and collect contact information from witnesses at the accident scene so that you have evidence supporting your claim. Limit your interactions with the other driver’s insurer. If possible, you should enlist the services of a car accident lawyer in Silver Spring so that they can handle all negotiations with insurance companies.
Proving Fault
To show that a party is at fault for an accident, you must show that they engaged in negligent behavior. Different types of negligence exist, such as comparative, modified comparative, and contributory. Since Maryland is a contributory negligence state, you must demonstrate that the other party is entirely at fault for the accident.
Several elements must be established to prove fault. These factors include:
- Duty of care: Everyone has a legal obligation to avoid causing harm to others. You must show that the other party did not meet this obligation.
- Damages: To file a claim, you must show that you have suffered losses from an accident. This could include injuries, loss of wages, or damage to your vehicle.
- Cause: It is necessary to show that the damages you suffered occurred because the at-fault party failed to meet their duty of care and that your damages were not caused by other factors.
Proving that another party is entirely at fault for an accident is not an easy process, which is why you need the help of a car accident lawyer in Silver Spring, MD. With the help of an experienced attorney, you will be able to establish fault and seek the compensation you are legally entitled to.
Our Car Accident Lawyer Can Help You
It is not always easy to show that another party is at fault for a collision, especially when you have to prove that you did not contribute to the accident.
Our car accident lawyers can thoroughly investigate your accident, collect evidence, and interview witnesses so that we can build a strong case on your behalf. Our team can also handle communications with other parties, including insurance companies and attorneys. We will calculate the full extent of your damages to determine what you are owed. From there, we can negotiate to secure a suitable settlement for you. We can represent you in court if we cannot reach a settlement.
Proving negligence is critical to holding the at-fault party responsible for the accident. Contact Montero Law Group today to discuss your car accident claim.