Determining Fault in a Personal Injury Case
Category: Maryland Car Accidents
November 14, 2018
When accidents happen, it’s not always clear who is at fault. In some instances, more than one party is at fault. If you’ve been injured in an accident, then you should know a few things about determining fault in Maryland.
Contributory Negligence in Maryland
Though you may find this shocking, if the courts determine that you are partially at fault for your car accident, you will not be able to collect damages from the other driver involved in your accident according to the contributory negligence rule in Maryland.
Let’s say you were injured in a car accident. Before the accident occurred, you were speeding slightly. Though the other driver took an illegal left turn, you will still be seen as partially responsible for the accident if the defendant’s attorney can prove you were speeding. Even if what the other driver did was “worse”, in the eyes of Maryland law, negligence is negligence.
It’s a harsh rule and it means that you’re going to need an excellent lawyer on your side to protect you from opposing counsel proving that you were partially at fault.
How is Fault Determined in Court?
Facts and evidence are the most important pieces in proving fault. Without ample evidence, no claim can be proven. Thus, it’s essential that you have thorough documentation of your accident whether it was in a car, at a restaurant, or anywhere else. Your lawyer will work with you to determine the best way to approach the evidence you have and how you should proceed.
Fault is going to be proven by what we know and the proof that the court has. It seems simple, and in some respects, it is. However, the devil is often in the details with legal proceedings, so make sure to follow the advice of your attorney to the letter to better ensure that you will put your best foot forward.
Ross W. Albers Can Help You Get the Compensation You Need
If you’ve been involved in a car accident that resulted in injuries and damages, you need a lawyer you can trust to make sure that you are compensated for what you’ve suffered. Ross W.Albers is one of the leading attorneys for personal injury in Carroll County, Maryland.
Contact us today for a free consultation to discuss the circumstances of your case. You don’t have to face your insurance company alone.