How Do You Determine Who’s at Fault For a Car Accident in Maryland?

How Do You Determine Who’s at Fault For a Car Accident in Maryland?

Image by Piotrg255 from Pixabay

Assigning blame after a car crash and filing for injury compensation can be a massive headache, especially if you’re unfamiliar with Maryland’s personal injury law. Not all states follow the same legal statutes, so figuring out how much compensation you’re due varies across the nation.

However, if you were involved in a car accident in Maryland, it’s always best to collect as much evidence as possible. Lawyers and insurance companies heavily rely on official documents, photos, and eyewitness testimonies to determine who was responsible for a crash.

What Evidence Proves Someone Caused a Car Crash?

Typically, the official police report is the most significant document drivers could use to determine fault in a crash. This file should contain all relevant data on where the crash occurred, who was involved, and what the area looked like when police arrived. Drivers must secure a copy of this police report to share with insurers or an attorney.

While a police report is essential when building a car injury claim, it’s not the only piece of evidence used to determine fault. For instance, photos of the crash site could help prove a plaintiff’s case when demanding compensation.

This is why lawyers always recommend drivers take as many pictures as possible with their phones after a car crash. Rhino Lawyers recommends taking several accident scene pictures. Pictures they recommend capturing include damage to each vehicle, the license plate of the other driver, and traffic signs.

Another way juries could determine blame in a car crash is to review eyewitness testimonials. People involved in a collision should write down any witnesses’ names and contact info near the crash site. It’s also a good idea to record testimonials on a mobile device to be used at a later date. Over time, it’s possible for witnesses to “remember” the crash a bit differently. Recording someone’s immediate reaction to a crash tends to go a lot further in a court of law.

Lastly, it’s also permissible for Maryland drivers to use dashcam footage to establish blame in a car crash. While attaching a dashcam to your car isn’t necessary, this evidence could go a long way to proving a plaintiff’s case. This video footage is also a boon for severely injured drivers who can’t take photos or meet with the police after a crash.

Determining Accident Compensation in Maryland

While every state will use the evidence listed above to establish blame, there are no guarantees you will receive compensation. How states dole out damages largely depends on their negligence laws.

For instance, Maryland is one of four states that practices pure contributory negligence. If a victim is found to be even 1% at fault for the accident, they are responsible for covering the costs of their damages.

On the opposite extreme, states with comparative negligence statutes award damages based on each person’s percentage of the blame. So, if a plaintiff was responsible for 90 percent of their accident, they could still legally recover 10 percent of the compensation.

You always have to take your state’s negligence laws into account when estimating how much compensation you could claim. For more info on your state’s negligence policy, it’s best to speak with a professional personal injury lawyer.

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