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Understanding Fault in Car Accidents

When you get into a car accident, there is often a legal process you must go through in order to determine who is at fault and to assess and recover damages. Fault is often dependent upon negligence, which is the failure of a person to take proper care in doing something.

fault car accident

It’s important to determine fault in a car accident when vehicle/property damage or personal injury has taken place, so that the responsible party can be held liable for providing compensation.

Initial Police Report

The first step in the legal process that results from an accident is the assessment of the accident itself. The police will gather helpful information from the scene of the accident, including:

  • Date, time, and location of the accident
  • Identifying information of all parties involved
  • Weather and road conditions
  • Vehicle damage
  • Injuries
  • Step-by-step recounts of the accident
  • Witness assessments
  • Law violations/citations (if necessary)
  • Assessment of cause of the accident, or fault determination

Insurance Company Involvement

The claim will be reported to the insurance companies of any involved parties, and they will perform their own investigation to further determine whether or not their client was at fault. The companies will be provided a copy of the police report, and if the report seems inconclusive or unclear, the insurance companies may have reason to deny your claim for compensation.

Your Maryland Car Accident Lawyer

If your car accident or personal injury case is not settled in the way you desire with regard to liability and compensation, a lawsuit can be filed with the help of your Maryland personal injury lawyer.

Contact Albers & Associates to set up a free consultation for legal services regarding your car accident or personal injury today.

Personal Injury FAQ

What Qualifies as 'Serious' Personal Injury?

A case is categorized as a serious personal injury if any of the following resulted from the accident:

  • Severe brain trauma
  • Spinal cord injuries
  • 3rd degree burns
  • Any injury that causes serious and long-term disfigurement

What is a Wrongful Death Accident?

Our attorneys can successfully get you the compensation you deserve in a wrongful death case, which is when a loved one has died due to the carelessness or negligence of another person involved. Spouses, life partners, children, and other family members of the deceased can be entitled to recover damages for both emotional and financial loss.

Who is Liable for a Car Accident in Maryland?

Finding the person at fault in a car accident comes down to proving negligence on one or both sides of the equation. Whether you’re another driver or a pedestrian, you will need a lawyer to come to your defense. Because the state of Maryland employs a contributory negligence rule, your entire case will be at risk if the opposing counsel can prove that you were negligent in anyway.