Obtaining compensation for a Maryland car crash relies on proving that another party is responsible for the wreck. However, fault determination in car accident cases is complex and requires strong supporting evidence. In fact, Maryland law will prevent you from recovering money for your medical expenses and other losses without solid proof of someone else’s liability.
If that sounds harsh to you, it is. Itās also why you must hire a proven car accident lawyer from Trollinger Law LLC.
For years, accident victims in Southern Maryland have turned to Trollinger Law LLC for high-quality legal representation, knowledgeable guidance, and a legal approach that puts people first. We wonāt let you navigate the insurance claims process alone. In a world where insurers put profits over people, you need a fierce advocate to stand up for your rights and demand maximum compensation for your injuries.
With 300+ five-star Google reviews and a history of recovering top-dollar verdicts and settlements for personal injury victims, you can count on Trollinger Law LLC for personalized support and professional advocacy. Call or contact us today for a free consultation with one of our experienced car accident attorneys.
Why Is Proving Fault Crucial in Car Accident Claims?
Maryland law allows accident victims to collect damages in car accident cases by proving that someone elseās negligence caused their injuries. A person or entity is negligent when they fail to take reasonable care to keep themselves and others safe.
For example, a reasonable motorist would not drive 100 miles per hour through a red light at an intersection. They would follow the law by obeying speed limits and traffic signals.
A motorist who fails to drive in a reasonably safe way and injures another person can be held liable for the victimās losses through a personal injury claim. However, the laws surrounding car accident liability in Maryland are strict. You must provide substantial evidence to the insurance company to give your claim the best chance of success. A skilled car accident attorney can identify the proof that best supports your version of events and present it strategically to strengthen your case.
How Does Fault Affect My Right to Compensation in Maryland?
Your ability to collect compensation after a car crash depends on proving you played no part in causing the collision. Under Marylandās contributory negligence law, an insurance company or court can reject your car accident claim if it finds you even one percent at fault for a wreck. With so much hanging in the balance, working with a skilled Maryland personal injury lawyer is essential to develop a strategy proving the other driver was entirely at fault. If the other party successfully presents evidence suggesting you bear fault for the crash, you could be left paying for your expenses out of pocket.
Exceptions to the contributory negligence rule apply in some circumstances, such as:
- Last clear chance doctrine ā If you and the other driver were both negligent, but the other driver had a last clear chance to avoid the crash and failed to act, you may still be able to collect damages for your car accident injuries.
- Gross negligence ā Even if you share the blame for the collision, you might still recover compensation if the other party acted with intentional or reckless disregard for your safety. Drunk driving is an example of gross negligence.
At Trollinger Law LLC, our experienced car accident attorneys can anticipate what arguments the insurer might make to push responsibility for the crash onto you. Our legal approach always includes investigating whether any exceptions to contributory negligence apply to your case.
How Do Insurance Companies Determine Fault?
The insurance company assesses who is at fault in a car crash by investigating the evidence. An adjuster will take several steps to make a fault determination, including:
- Examining the police report
- Checking the damaged vehicles
- Requesting and reviewing your medical records
- Reviewing photos and video footage from the accident scene
- Interviewing witnesses
- Getting the driverās statement
- Collecting physical evidence
- Looking at onboard technical data
The insurerās goal in this investigation is to reconstruct what happened, determine if either driver violated Maryland traffic laws, and assign fault for the accident. Remember, the adjuster is looking for reasons to deny your claim or minimize your settlement. Donāt make the mistake of accepting their opinion as the truth. Seek advice from a seasoned lawyer who has your best interests at heart.
How Can a Car Accident Lawyer in Maryland Help Me?
After a car accident, the last thing you need to worry about is how to convince the insurance company that the crash was someone elseās fault. By putting your case in a capable attorneyās hands, you can focus on getting your life back on track.
One of the biggest advantages of hiring a car accident lawyer is the immediate relief of getting the insurance company off your back. Phone calls and settlement offers come surprisingly fast after a crash. Itās tempting to take the money and move on, but beware ā that is exactly what the insurer wants you to do.
A personal injury attorney can put a fair value on your case so you know how much money you deserve. Without their input, you could accept a settlement that doesnāt account for all your losses. This is especially true in catastrophic car accident cases, where the victim may not know their final prognosis for a long time. You can obtain compensation for expected future costs, but knowing whether you got a fair offer may not be clear without legal counsel.
