How Maryland’s Contributory Negligence Rule Affects Your Car Accident Case

Maryland is one of only a few states that follows the doctrine of pure contributory negligence. This means that if the at-fault driver’s insurance company can prove you bore any share of responsibility for the collision, you could be completely barred from recovering damages.

Insurance companies handling Hyattsville car accident claims aggressively look for ways to blame the victim. They may argue you were speeding, failed to signal, or were distracted at the time of the crash. Our attorneys anticipate these tactics and build your case to eliminate or neutralize any allegation of shared fault. We gather dash cam footage, traffic camera recordings, cell phone records, and independent witness testimony to establish that the other party was solely responsible.

Compensation for Hyattsville Car Accident Victims

Maryland law allows car accident victims to recover both economic and non-economic damages:

• Medical bills – Past, present, and future treatment costs, including emergency care, surgeries, physical therapy, and prescription medications
• Lost income – Wages lost during recovery and diminished future earning capacity if your injuries prevent you from returning to your previous occupation
• Vehicle repair or replacement – The cost to repair your vehicle or its fair market value if it was totaled
• Pain and suffering – Physical pain and emotional distress caused by the accident and your injuries
• Permanent impairment – Compensation for lasting disabilities, scarring, or disfigurement
• Loss of consortium – Damages available to a spouse when injuries affect the marital relationship

Maryland caps non-economic damages in personal injury cases. The cap increases by $15,000 each year under Maryland Code 3-2A-09. Our attorneys calculate all current and projected damages to pursue the maximum recovery for every client.

Where Your Hyattsville Car Accident Claim Is Filed

Car accident lawsuits arising from crashes in Hyattsville are filed in the Circuit Court for Prince George’s County, located at 14735 Main Street in Upper Marlboro. If your claim is valued at $30,000 or less, it may be filed in the Prince George’s County District Court instead. Our attorneys handle cases in both courts and understand the procedural requirements and local practices that can affect the outcome of your case.

The statute of limitations for car accident claims in Maryland is three years from the date of the crash. Waiting too long to take legal action can result in lost evidence and a weaker case, so we encourage anyone injured in a Hyattsville car accident to consult with an attorney as soon as possible.

Why Hyattsville Drivers Trust Hyatt & Goldbloom

• Proximity to Hyattsville: Our College Park office is a short drive from every neighborhood in Hyattsville. We know the roads, the intersections, and the conditions that cause accidents here.
• Aggressive negotiation and trial readiness: We do not accept lowball offers. Insurance companies know our attorneys will take a case to trial, which consistently produces better settlement outcomes for our clients.
• No upfront costs: We work on a contingency fee basis. You owe us nothing unless we recover compensation for you.
• Full-service representation: From the initial investigation through settlement or verdict, we handle every detail of your case so you can focus on your recovery.
• Experience in Prince George’s County courts: Our team has extensive experience in both the Circuit Court and District Court in Upper Marlboro, giving us an edge when presenting your case.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Maryland?

You have three years from the date of the accident to file a lawsuit. If you miss this deadline, you will almost certainly lose your right to seek compensation. We recommend contacting an attorney well before the deadline to preserve evidence and build the strongest possible case.

Should I accept the insurance company’s first offer after my Hyattsville car accident?

Almost never. First offers are designed to close the claim quickly and cheaply. They rarely account for the full extent of your medical treatment, lost wages, or long-term pain and suffering. Let an attorney review the offer before you sign anything.

What if the other driver was uninsured or underinsured?

Maryland requires drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. If the at-fault driver has no insurance or insufficient coverage, you may be able to recover compensation through your own policy. Our attorneys can evaluate all available sources of recovery.

Can I recover damages if I was a passenger in the car?

Yes. Passengers are rarely found at fault for a car accident. You may have claims against the driver of the vehicle you were in, the other driver, or both. Our attorneys will identify every liable party and pursue the maximum available compensation.

How much does it cost to hire a car accident lawyer?

Hyatt & Goldbloom handles car accident cases on a contingency fee basis. There are no upfront fees or hourly charges. We only get paid if we recover compensation for you, and our fee comes as a percentage of your settlement or verdict.

Injured in a Hyattsville Car Accident? Contact Us Today

Do not let the insurance company dictate the value of your injuries. Contact the car accident lawyers at Hyatt & Goldbloom for a free consultation. Call (410) 385-3180 or visit our College Park office to speak with an attorney who understands Hyattsville roads, Prince George’s County courts, and the strategies needed to win your case.

Determining Liability In A Car Accident Involving Multiple Drivers

Determining who is responsible for a car accident can be difficult, but it’s important to figure out who was at fault. If a driver behaved negligently or recklessly, they are often held liable for the accident. When evidence shows that another driver was responsible, the victim of the accident may be able to receive compensation for their injuries and financial losses.

After a car accident in Maryland, fault is assigned a significant role in determining compensation. Unlike many other states that use comparative negligence laws, Maryland follows the concept of “contributory negligence.” This means that any degree of fault, even a small amount, may affect your ability to receive compensation.

In Maryland, even if a driver is only 1% responsible for an accident, they cannot seek compensation in court. This may seem unjust, but it is important to hire an experienced lawyer to protect your financial well-being after a car accident. When it comes to safeguarding yourself, consulting a reliable attorney is the best decision to make.

To win a personal injury lawsuit related to a car accident in Maryland, it’s important to prove who was responsible for the accident. This means showing that another driver’s careless behavior directly caused the accident. To prove negligence and win your case, our skilled car accident attorneys will need to demonstrate four specific elements required under Maryland law.

1. Duty of Care

To prove that someone has a duty of care, it must be proven that they had a responsibility to act in a certain way towards someone else. This depends on the relationship between the two parties involved. For example, in a car accident case, it is usually easy to demonstrate a duty of care as all drivers have a responsibility to operate their vehicle safely toward others on the road. This duty requires motorists to drive responsibly, obey traffic laws, and avoid reckless behavior. In other words, drivers should behave in a manner that ensures the safety of everyone on the road.

2. Breach of the Duty of Care

After we confirm that there is a duty of care, we will need to show that the defendant did not meet this duty. This means they did not act in a responsible way that another careful person in their position would have done. Note that since a driver owes a duty of care to all other drivers on the road, any careless behavior could be seen as a breach of this duty.

To show that a driver was negligent, it is common to look for behaviors that breach their duty of care. These behaviors include speeding, texting while driving, reckless or aggressive driving, and driving under the influence of drugs or alcohol. In case the defendant was given a ticket, it could be used as additional evidence that they breached their duty of care.

3. Causation

Even if a driver fails to fulfill their duty of care, they may not be responsible for damages in a personal injury case if their actions didn’t cause the accident. Proving this can be straightforward in some situations. For example, if a drunk driver runs a red light and hits a car that had a green light, it’s clear the driver’s negligence caused the accident.

Car accidents are often complex and involve differing accounts from drivers, evidence, and eyewitnesses. When multiple cars are involved, determining the exact cause of the accident can be even more difficult. Our office will utilize the evidence, witnesses, and additional experts to demonstrate what happened.

4. Actual Damages or Injuries

If you did not suffer any injury, then you do not have a basis for a personal injury lawsuit, regardless of what the other driver did. Nevertheless, it’s common for individuals to experience some form of injury following an accident. Even low-speed collisions can lead to back or neck injuries.

Insurance companies often try to dispute the cause of an injury by questioning its origin. They may argue that the injured person had a previous injury or that it occurred in another incident. If medical treatment is postponed, it can make it more convincing for a judge or jury. It is important to see a doctor right away to establish a clear link between the accident and the injuries sustained.

Frequently Asked Questions

How Do Maryland Courts Determine Fault in Car Crash Cases?

After a collision, the main priority should be to get everyone the necessary medical treatment. However, people’s actions in the immediate aftermath could affect them later on. Apologizing could be seen as admitting fault, even if it was not intended that way. It’s crucial to understand that people may not be in a clear state of mind right after a traumatic accident. Determining fault can be more complex than what appears initially.

Maryland applies the principle of “contributory negligence” which means that if a person shares any responsibility for their injuries, they cannot seek compensation from another person, even if the other person bears greater fault. This is different from the system used in most states, called “comparative negligence,” where courts allocate fault percentages. In almost every other state, a person who is only twenty percent at fault could still receive compensation, albeit at a reduced amount to reflect their share of the responsibility.

Some people think that Maryland’s system is unjust towards those who get injured in accidents. However, it is worth noting that in many cases, the courts will determine that the victim was not partially responsible. So, do not assume that you are at fault or trust the insurance provider without consulting an experienced car accident lawyer in Maryland. If you have been involved in a collision, contact our Maryland car accident attorneys to assess your situation and explore your legal alternatives.

How Long Do I Have to File A Car Accident Claim in Maryland?

In the event of a car accident, it’s important to promptly reach out to a skilled car crash attorney in Maryland. Insurance adjusters may get in touch shortly after the incident and attempt to coerce you into agreeing to a meager compensation. It’s not recommended to converse with them. An attorney can support and advocate for you. In Maryland, you have up to three years to file a claim after an accident, but it’s not wise to delay. The earlier you act, the more time you will have to negotiate a settlement. If you suspect a deadline is approaching, it’s best to contact an attorney promptly.

What Factors Affect Maryland Car Accident Settlements?

While every car collision case has unique aspects, there are certain factors that can greatly affect the probability and amount of potential settlements involving the responsible party and/or their insurance company. This is especially true in the heavily litigated field of auto accident cases.

The amount of money you might get from your case depends on various factors that will be determined by either the insurance company or the jury. If your case doesn’t go to trial, the settlement amount will depend on the negotiations between your Maryland car accident lawyer and the defendant’s insurance company. To ensure that you get a fair settlement, it’s important to work with a trustworthy attorney. The factors that will impact the value of your settlement include but are not limited to:

• Property damage to each vehicle
• Severity, extent, and duration of injuries
• Whether the injuries can be related to the car crash
• Credibility of each driver
• Mechanism of injury
• Whether injuries are permanent or temporary
• Pre-existing injuries
• Subsequent injuries following the crash
• Time lost from work

Contact The Top Maryland Car Accident Lawyers Today

If you’ve been in an auto accident in Maryland and were seriously injured, it can have a big impact on your life. But you don’t have to let it limit your future. No matter if the accident was caused by the other driver, dangerous roads, or bad weather, you can seek compensation for your injuries. To learn more, contact our Maryland car accident lawyers at Hyatt & Goldbloom now for a free initial legal consultation and to learn more about how we can help you through this difficult time.