If you’ve been involved in a crash, you may need to speak with a Maryland car accident lawyer to learn about protecting your rights and seeking compensation.
Falling victim to someone else’s recklessness on the road is highly frustrating. Not only are you dealing with the physical and emotional strain of accident recovery, you may also be threatened with a significant financial burden. Medical bills can pile up quickly, particularly if your accident has left you unable to earn money as before.
The Injury Lawyer helps individuals like you secure the compensation they deserve. Here, we discuss the key principles of Maryland’s car accident laws and explain how we can help you get your life back on track after a crash.
What to Do Immediately Following an Accident
The measures you take in the direct aftermath of a road accident will have a huge bearing on the effectiveness of any insurance claim or lawsuit you pursue later on. These are the key things you need to remember:
Ensure Safety First
Your first priority should be the safety of yourself and those around you. If anyone is injured, call 911 right away and request an ambulance. You’ll need to contact the police anyway if there’s an obstruction on the road following your accident, but the situation is much more urgent if someone is hurt.
It’s crucial not to move anyone who is seriously injured unless they are in immediate danger, as this could potentially worsen their condition.
Clear the Road
If the accident is minor and there are no serious injuries, move the affected vehicles to the side of the road (away from traffic) to avoid any additional accidents. Turn on hazard lights to warn other road users of the potential obstruction.
If the vehicles cannot be moved safely, stay inside your car with your seatbelt fastened until help arrives, especially if you are on a busy road.
Call the Authorities
Maryland law requires that you report any accident involving injuries, death, or significant property damage to the police within 15 days. Aside from this, though, it’s important that you contact the police so that responding officers can fill out an accident report and document the scene. Their report will serve as crucial evidence later on.
If the police do not come to the scene, you can visit a local police station to file a report yourself.
When you speak to the police, be honest about what happened but avoid admitting fault or blaming others. Any statement you make can be used as evidence against you later, and many crash victims accidentally harm their case by discussing their accident in too much detail at this stage.
Document the Scene
Take pictures and videos of the accident scene, focusing on all vehicles involved, skid marks on the road, and any visible damage to traffic signs or other objects that resulted from the collision.
You should also exchange information with the other driver(s) involved, including names, addresses, phone numbers, insurance details, and license plate numbers. If there are eyewitnesses present who are willing to speak with you, ask if they would share their contact information as well and consent to be contacted about the accident later, as their reports could serve as important evidence.
Notify Your Insurance Company
Inform your insurance company about your accident as soon as possible. You may be able to do this via the company’s website or mobile app; if this isn’t a possibility, make a call at your earliest convenience.
Stick to basic facts when describing what happened. Don’t engage in speculation about who may have been to blame for the accident, and avoid discussing any injuries you sustained in detail or talking about how you feel. Any information you give an insurance company will be taken into account in decisions about your compensation, so you need to avoid saying anything that might jeopardize your claim.
Seek Legal Advice
After handling the immediate aftermath of the accident, consider consulting with a Maryland vehicle accident lawyer, especially if you have suffered injuries or significant damage. A lawyer can help protect your rights and ensure you receive fair compensation. This is particularly important in Maryland because of the contributory negligence rule; if you are found to be even minimally at fault for an accident, you may end up without any compensation entitlement.
The Role of Insurance in Car Accident Claims
Insurance is insufficient to cover all damages in a lot of car accident cases, but it’s always necessary to look into your coverage before you take legal action.
Maryland is an “at-fault” state, which means that the insurance company of the at-fault party will be responsible for paying all compensation arising from the accident. In other states (known as “no-fault” states), it’s possible to file a claim with your own insurer regardless of where the blame for an incident lies.
You may also file a claim with your insurer for Personal Injury Protection (PIP) benefits. PIP coverage is optional in Maryland. However, if you have not waived your PIP benefits, you are eligible to receive a sum of money (usually $2,500 to $10,000) to pay for your medical bills and/or lost wages. The good news is that the at fault party still has to compensate you for your medical bills, lost wages, and pain and suffering, even if you use your PIP benefits. If no driver is willing to admit liability, you may need to file a lawsuit to settle the matter.
Dealing With Uninsured and Underinsured Motorists
Maryland law stipulates that every driver must have a motor insurance policy with minimum amounts of coverage for bodily injuries, property damage, and uninsured motorist damages, as well as personal injury protection (PIP). Of course, not everyone follows the law.
If you get hit by a driver without insurance, a driver who is insufficiently insured, someone whose insurance is invalid at the time of your accident for one reason or another, or a hit-and-run driver, this will add a layer of complexity to your case.
As noted above, Maryland is an at-fault state, which means the at-fault party (or their insurance company) is responsible for compensating everyone else involved in a collision. However, if the at-fault party in your accident is uninsured or cannot be identified, you should be able to rely on your uninsured motorist coverage. Maryland law requires every driver to carry this type of insurance up to certain minimum amounts.
Dealing With Insurance Adjusters
When you start the process of dealing with a motor insurance company after a crash, it’s important to remember that the insurer is not on your side. The success of your claim results in the loss of money on their part, and no profit-making business wants that. This applies regardless of whether you’re dealing with your own insurer or that of another party to the accident.
With that in mind, you need to be careful when dealing with insurance adjusters. Insurance company agents may contact you unexpectedly and attempt to convince you to share details about your accident or injuries that will damage your claim.
If you’re not sure how to manage interactions with insurance companies, you should hire a Maryland car accident lawyer and allow them to deal with the insurers on your behalf.
Filing a Car Accident Lawsuit in Maryland
There are a number of reasons why it may be necessary to pursue litigation after a Maryland car accident.
First, as discussed above, you may need to consider it if the at-fault party in your case (or their insurance company) disputes liability. If so, you won’t be entitled to any insurance benefits if you cannot establish responsibility on the part of one of the other drivers involved in your accident. Thus, you may elect to file a lawsuit against the responsible party.
Legal action may also be necessary if your damages exceed the limitations of the at-fault party’s insurance coverage or if the insurance company will not make a fair offer. This is common in cases involving serious injuries.
Multiple-Vehicle Accidents
Accidents involving multiple vehicles can pose problems from a legal standpoint, as it may be more difficult to prove fault on the part of any single motorist when numerous parties are involved.
Say, for example, you’re traveling through an intersection and you get T-boned by a car coming the other way after the driver ran a red light. Then, a car traveling in the same direction as you plows into you from behind, traveling well over the speed limit. The second car causes much more serious damage than the first.
Whom do you sue?
In a situation like this, you would likely file suit against both parties. However, it’s important to remember that this scenario only begins to reflect the level of complexity involved in many car accident disputes. The right legal strategy will become apparent only after in-depth analysis of your situation and careful consideration of all the available options.
Again, the more complex the facts of your case are, the more important it is for you to hire a top-class attorney with a proven track record of positive results.
Weather-Related Accidents
Studies have shown that Maryland’s weather is getting worse; average annual rainfall increased by more than five inches in the state between 2000 and 2020. Difficult driving conditions make accidents more likely, but when rain and wind play a role in causing a crash, it can be more difficult to hold another driver liable for your damages.
In cases involving these kinds of complicating issues, the assistance of a capable, experienced Maryland car accident attorney is often the decisive factor. If you’re not sure where the chips are likely to fall in your case, reach out to us today to schedule a free initial consultation.
How Passengers Can Protect Their Rights Following an Accident
What happens if you’re a passenger in a car that causes an accident because of the negligent conduct of its driver?
Fortunately for you, the law offers protection to anyone who suffers damages because of another party’s negligence; this applies to passengers in the negligent person’s car, as it would to anyone else.
Insurance covers injuries to passengers, so you should be able to recover compensation from the at-fault driver’s insurance provider if they have adequate coverage to meet your needs. If you have a personal relationship with the at-fault driver, you should be aware that the insurance company may try to exploit this by dissuading you from filing a claim. Remember, it’s the insurance company that will end up paying you, not your friend or family member. While they will need to pay higher premiums after causing an accident, your settlement isn’t likely to impact this increase significantly by itself.
Additionally, you should take the same steps as we’ve outlined above after being involved in an accident as a passenger. Document the scene, ask eyewitnesses for their contact information, and avoid engaging in conversations about how you feel or who may have been at fault for the crash.
Frequently Asked Questions (FAQs)
Can I still receive compensation if I was partially at fault for my accident?
Maryland follows a strict contributory negligence rule. If you’re even slightly at fault for an accident, you may not be able to recover damages from the other parties involved. This makes it crucial to hire an experienced lawyer with a track record of success who can help to build a watertight case on your behalf.
How long do I have to file a car accident claim in Maryland?
In Maryland, the statute of limitations for filing a car accident claim is generally three years from the date of the crash. However, it’s important that you start the process well in advance of this deadline. The sooner you start working with a lawyer, the stronger your case will be, and the better your chances of recovering the compensation you need.
What if my accident was caused by a mechanical failure?
Accidents caused by mechanical failures can give rise to claims against manufacturers, repair shops, or other parties that may have contributed to the failure.
What role do expert witnesses play in car accident lawsuits in Maryland?
Expert witnesses, such as medical professionals, accident reconstruction analysts, and economic loss experts, can provide critical testimony in Maryland car accident cases to establish the extent of injuries, reconstruct the accident scene, and quantify appropriate damages.
Can social media impact Maryland car accident claims?
Insurers and defense attorneys will keep an eye on your social media profiles to try to find any evidence that contradicts your claims of injury or loss. Ideally, you should avoid posting on social media altogether for the duration of your case. At the very least, you should not post photos or videos of yourself engaged in any form of activity, and you should not make comments that expose details of your daily life.
Work With a Maryland Car Accident Lawyer You Can Trust
Contact The Injury Lawyer today to start the process of seeking compensation following your accident. You can reach us via our online form or by calling (410) 625-4878.
Attorney Steve Heisler
Steve Heisler decided in 1996 that he was going to focus his law practice exclusively on injury cases. Since then, he has been representing injured people against insurance companies, disreputable medical practitioners and Big Pharma, and doing it with compassion, honesty and level-headed rationality. [ Attorney Bio ]
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