What Out-of-State Drivers Need to Know About Maryland Accident Laws

Car accidents are frustrating. But getting into a crash in another state can create even more stress. If the other state’s car accident laws are different from those in your state, it’s normal to wonder what to do. 

If you’re an out-of-state driver who got into an accident in Maryland, you have rights. This article explains what out-of-state drivers need to know about Maryland accident law. After reading this article, if you have questions or concerns, be sure to consult a Laurel personal injury lawyer. 

What Should I Do if I Get into a Car Accident in Maryland?

If you get into a car accident in Maryland, you should follow the same steps that you would if you got into an accident in your home state: 

• Call 911 
• Collect the other driver’s (or drivers’) insurance and contact information 
• Get the names of any potential witnesses 
• Take pictures of the accident scene
• Seek medical help as soon as possible 

It may be difficult to seek medical treatment if you’re unfamiliar with the area, but the police or EMTs can help. Also, Maryland law requires drivers involved in accidents that result in death or injury to file an accident report within 15 days of the accident. This requirement applies to everyone, not just Maryland residents. 

If I Get into an Accident in Maryland, Which Law Applies: My State’s or Maryland’s?  

When a person from one state gets injured in another state, which law applies? To answer this question, personal injury law focuses on where the injury occurred. So, when an injury happens in Maryland, Maryland law will usually apply. 

How Will Maryland Law Affect My Car Accident Claim?  

Out-of-state drivers injured in Maryland should note two important things about Maryland law. 

Maryland is a “fault” state. 

When it comes to car accidents, some states are “fault” states while others are “no-fault.” 

In no-fault states, each driver is responsible for covering their own medical expenses and lost wages regardless of who caused the accident. In fault states, the driver who caused the accident must pay these costs. Maryland is a fault state, so the person who caused the accident will be responsible for paying the injured driver’s expenses. 

Maryland has strict rules about fault.

In the U.S., most states use a rule called “comparative negligence.” Consider this example: Dave and Victor are in an accident. The facts show that Dave is 60% responsible for the accident, while Victor is 40% at fault. The jury awards Victor $100,000 for his injuries. But because he was 40 percent responsible, he will only get $60,000. Under comparative negligence, his damages must be reduced by 40 percent to acknowledge his role in the accident. 

Contributory negligence is a much stricter rule. In contributory negligence states, the law prevents those who are partially at fault from recovering money after an accident. The rule is so strict that a person who is just one percent responsible for their injuries cannot recover. So, to return to Victor and Dave, in a contributory negligence state, Victor would get nothing. 

Maryland is a contributory negligence state. If you are in an accident in Maryland, it will be crucial to prove that you were not at fault. A Waldorf personal injury lawyer can help. 

Will My Out-of-State Auto Insurance Apply in Maryland?  

Generally, yes. Whether you’re traveling to Maryland for a pleasure trip or come into the state every day for work, your insurance will continue to cover you. However, insurance coverage and limits can raise complex questions, so be sure to discuss your concerns with a Laurel car accident lawyer. 

How Long Do I Have to Pursue My Rights After a Maryland Car Accident?  

Every state creates time limits, called statutes of limitations, for filing lawsuits. In Maryland, the statute of limitations for car accident claims is three years. While this may seem like a long time, it’s best to talk to a Laurel injury lawyer as soon as possible. Hiring an attorney quickly helps them conduct a better investigation and build a stronger case for you. 

If I Pursue My Rights After a Maryland Accident, Will I Need a Maryland Lawyer?  

Ideally, yes. If you are injured in a Maryland car accident, Maryland law will apply. So, even if you have a lawyer in your home state, a lawyer who understands Maryland’s unique personal injury laws is your best bet. Also, a Maryland lawyer can use their relationships with and knowledge of the local courts and judges to help your case. 

Do You Have More Questions About Your Rights as an Out-of-State Driver After a Maryland Accident?

Hopefully, this article helped you better understand your rights as an out-of-state driver involved in a Maryland car accident. If you have more questions about your rights or need legal representation after an accident in Maryland, call the Law Offices of Thomas E. Pyles. Our experience, preparation, and passion help us get results for our clients. To learn more about what our team can do for you, call 301-705-5006 or complete our online intake form.