Car Accidents in Maryland: Your Legal Rights if You’ve Been Injured

Car accidents are unfortunate and often life-changing events. Understanding your legal rights and the steps to take if you’ve been injured in a car accident in Maryland is crucial for securing fair compensation and getting the justice you deserve. This guide provides a brief overview of Maryland car accidents, including the legal framework, your rights as an accident victim and the steps to take to protect those rights.

Understanding Maryland Car Accident Laws

Fault-Based System

Maryland operates under a fault-based system, meaning the person responsible for causing the accident is liable for the resulting damages. This system involves determining who was at fault and to what extent, and the at-fault party’s insurance provider is typically responsible for compensating the injured party.

Contributory Negligence

Maryland is one of a small group of states that follows the common law doctrine of contributory negligence. Contributory negligence means that if the plaintiff (i.e., the injured party) is deemed to be even one percent responsible for the underlying accident, he or she is prohibited from obtaining any damages from the defendant (i.e., the person who caused the injury). 

Statute of Limitations

In Maryland, the statute of limitations for a personal injury action is three years from the date of the accident. What does this mean to you? It means that you should not delay filing a claim if you’ve been hurt in any type of motor vehicle accident because if you wait too long, you may lose your rights. 

Immediate Steps to Take After a Car Accident

Your health and safety are the first priority. If possible, move to a safe place away from the road, and if you believe you and/or a passenger are injured, seek immediate medical attention. It is important to note that even if you don’t think you’re hurt, some injuries may not be immediately apparent.

Call the Police

It is also important to report the accident to the police. Police officers can create an official report that will include the facts about the collision. This document will be an important piece of evidence for your claim.

Exchange Information

Be sure to get the names, addresses and phone numbers of all drivers (and passengers, if any) involved in the accident, as well as their insurance policy numbers and other insurance-related information.

Take Photos and/or Video Footage of the Scene

If you can do so safely, take photos and videos of the scene of the accident, including vehicle damage, road conditions and visible injuries. You should also collect the contact information of any witnesses who may be able to provide statements later.

Filing an Insurance Claim

Report the accident to your insurance company as soon as possible. Provide them with the details of the accident and any documentation you have gathered.

Understanding Your Coverage

Under Maryland law, drivers are required to carry the following minimum amounts of insurance coverage:

• Bodily Injury Liability: $30,000 per person and $60,000 per accident.
• Property Damage Liability: $15,000 per accident.
• Personal Injury Protection (PIP): $2,500 per person (this coverage can be waived in certain circumstances).
• Uninsured/Underinsured Motorist Coverage: Equal to the bodily injury and property damage liability limits.

Be sure to review your policy to understand what coverage is available to you and how it applies to your accident.

Your Legal Rights and Seeking Compensation

In Maryland, accident victims may recover the following types of damages, among others:

• Medical Expenses: Costs for medical treatment, rehabilitation, and future medical care.
• Lost Wages: Compensation for time missed from work due to your injuries.
• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
• Property Damage: Repair or replacement of your vehicle and any personal property damaged in the accident.

Filing a Personal Injury Claim

To obtain fair and proper compensation for your injuries and damages, you may have to file a personal injury claim against the at-fault driver. While it is possible to handle making a claim on your own, our Laurel car accident lawyer recommends seeking legal guidance from a skilled attorney who understands the intricacies of Maryland law.

In brief, Maryland’s claims process involves the following steps:

• Evidence Gathering: Collect all relevant documentation, including medical records, accident reports, witness statements and expert testimony.
• Demonstrate Fault: Show that the other driver was negligent and that his/her negligence was the cause of your injuries.
• Insurance Company Negotiations: Communicate with the at-fault driver’s insurance company to reach a mutually-agreed monetary settlement.
• File a Lawsuit: If a reasonable settlement cannot be reached, you’ll have to file a lawsuit and present your claim in court. 

Working With an Attorney

The laws surrounding car accidents in Maryland can be confusing and difficult to understand on your own, and, on their own, filing insurance claims can be stressful. However, working with a skilled car accident attorney will provide you with a sense of relief in knowing that your case will be handled professionally and properly in accordance with state law. Some of the benefits of working with a knowledgeable lawyer are:

• Proving Who Caused the Accident: Attorneys work to prepare all investigative findings for presentation to a judge/jury to convince them that the accident was caused by someone else’s negligence.
• Handling Communications: An attorney will manage all communications with the insurance companies and opposing legal teams.
• Negotiating Settlements: A lawyer will work to secure a fair settlement that covers all your damages.
• Representation as Needed: A car accident lawyer will represent you in court, if necessary, and fight for the compensation you deserve. 

Choosing the Right Attorney

How do you know which attorney to choose? Many people will seek guidance from friends and family who may have experience using a local attorney during a previous case, while others may simply look online or on social media to find a “good lawyer.”  Making the right choice is crucial, so we encourage you to consider the following factors:

• Practical Experience: Choosing an experienced attorney who has dealt with Maryland car accident cases before (and preferably on a routine basis) would be the best person to assist you.
• Reputation: Learn more about the attorney’s reputation through client reviews and professional ratings. A great deal of this information can be found online.
• Communication Style: Choose an attorney who communicates clearly and keeps you informed throughout the process.
• Fee arrangement: Find out how the attorney will be paid. In personal injury cases, payment is typically through a contingency fee arrangement, which means the attorney only gets paid if you win your case.

Special Considerations in Maryland Car Accident Cases

Uninsured/Underinsured Motorists

If the at-fault driver is uninsured or underinsured, you can file a claim with your own insurance company under your uninsured/underinsured motorist coverage. This coverage is mandatory in Maryland and provides additional protection in such situations.

Hit-and-Run Accidents

In the case of a hit-and-run accident, immediately report the incident to the police. Your uninsured motorist coverage can help cover your damages if the at-fault driver cannot be identified.

Comparative Fault and Contributory Negligence

As discussed earlier, because of Maryland’s contributory negligence rule, it’s important to show that you were not at fault in any way. Any amount of fault attributed to you by a court will prevent you from receiving compensation. That being the case, a good car accident lawyer can build a case to show the other driver’s liability.

Long-Term Implications and Future Considerations

Ongoing Medical Treatment

If you have injuries that will require medical care for an extended period of time, including long-term custodial care, keep track of all relevant expenses and treatments. You will need to document everything in this regard to receive compensation for future medical needs.

Permanent Disabilities

If you are going to be permanently disabled due to the accident, such that you are unable to work, you may also be entitled to compensation for future lost earnings and future long-term care needs.   

Emotional and Psychological Impact

Injuries such as lacerations, hematomas, fractures and scarring can have a significant, lasting impact on your life. Compensation for pain and suffering can assist with these non-economic damages stemming from the accident. Documenting your emotional distress, as well as seeking the guidance of a psychologist or psychiatrist, could strengthen your claim.

Preventing Future Accidents

Although you cannot control the actions of other drivers, there are ways to reduce the risk of becoming a car accident victim:

• Practice Defensive Driving: Stay alert, follow traffic laws, and anticipate potential hazards.
• Avoid Distractions: Refrain from using your phone or engaging in other distractions while driving.
• Keep Your Vehicle Serviced: Don’t forget to get your vehicle serviced to prevent it from malfunctioning.
• Plan Ahead: Allow extra time for trips and try not to drive in adverse weather whenever possible.

Hurt in a Car Accident? Let a Skilled Laurel Car Accident Lawyer Help

Automobile accidents can cause serious permanent injuries. If you’ve been injured in a car crash in Maryland, it is important for you to protect your rights and preserve your chances of obtaining full and fair compensation for your injuries and losses. Do not hesitate to get the legal help you need — let a skilled and experienced car accident attorney in Laurel assist you today. Contact our office today.