Baltimore 410-539-1200 Salisbury 410-548-9919 Frederick 301-694-3738 Cumberland 301-722-0860 Hagerstown 301-791-6328
You are currently viewing auto accident resources. Return to view all resources.

Determining fault in auto accident cases

In Maryland, fault is of considerable importance when civil legal action is involved. Maryland's laws are more judgmental in determining the causes and legal liabilities than the laws of most states. If you want to file a lawsuit for auto accident injuries, a Maryland auto accident lawyer will need to examine the circumstances of the accident and fight for your rights and compensation. 
 
This is an important factor in auto accident cases, and the attorney with whom you contract will need to conduct a thorough investigation into the accident. You as the accident victim need to understand what to do BEFORE any accident occurs.
 
First, you need to remain calm and if not seriously injured, you need to get the Maryland Motor Vehicle Accident Report and any pictures filed with the report. If you have a camera, and many people do in their cell phones, take pictures of anything that could be pertinent. If you are capable of talking to witnesses, ask them for statement and assurances that they would be willing to appear in court.  
 
There is one peculiarity in the Maryland law which many claimants and lawyers find grossly unfair. This is the "contributory negligence" facets of the law, which make it difficult for the complainant to get a favorable decision if even a small percentage of the accident's cause can in any way be attributed to the damaged driver. Such things as even very low alcohol breath readings could be used to derail your lawsuit, even if one or two drinks truly had nothing to do with the accident. There are many other contributory circumstances that could be used against the damaged Maryland driver and his/her lawyer in the case.  
 
Maryland law is generally considered to be very unusual in that the lawyer for the complainant has to establish virtually 100% responsibility of the offending driver. 
 
The good news for a damaged driver is that if the other driver is identified as being at fault for the accident, there are several types of compensation available. Obviously, the medical costs of the accident are all claimable for as long as accident-specific medical or rehab services are required. Lost income from not being able to work is fully recoverable.  
 
In addition, any lingering effects such as continued pain or loss of mobility, and scarring that causes anguish are recoverable in damages. 

> For questions concerning your legal rights, contact us via our online contact form.

> Find a Auto Accident lawyer in Maryland

> More About Car Accidents