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Is Maryland an at-fault state for car accidents?

On Behalf of | Jan 29, 2025 | Car Accidents

After a car accident, understanding the basics of the law can help you protect your rights. Maryland follows an at-fault system, which can greatly affect the processing and resolution of claims. Let us examine what this means for you as a driver and what steps you should consider after an accident.

Understanding the at-fault system

In an at-fault state like Maryland, the driver who caused the accident is liable for the damages. This means their insurance company must cover the costs associated with the accident, including medical expenses, property damage, and other fees. Proving fault is a critical component of this process, and it can involve gathering evidence such as police reports, witness statements, and accident scene photos.

Maryland is among the few states that follow the contributory negligence rule. According to this strict guideline, if you are even minimally at fault for the accident, you cannot claim damages from the other party. This can be quite harsh, as it requires you to prove that you played no part in causing the accident.

Filing a claim and seeking compensation

After an accident, you might have the right to claim several types of damages. Economic damages encompass concrete losses such as medical bills, lost income and property damage. Non-economic damages include compensation for emotional distress, pain and suffering and loss of companionship. Still, Maryland has a cap on non-economic damages, adjusted annually.

After the accident, filing a claim with the at-fault driver’s insurance company is the first step in seeking compensation. This process can be complex, especially with the contributory negligence rule. You can also file a claim with your insurance company if you have PIP coverage, which provides some financial relief without waiting for fault to be determined.

Remember that you do not have to do this alone; a knowledgeable personal injury lawyer can guide you and evaluate your legal options. Maryland law gives you three years from the accident date to file a personal injury lawsuit. You must adhere to this timeline, as failing to do so can forfeit your right to pursue compensation. Still, exceptions exist for minors, who have until their 21st birthday to file a claim.

Facing the aftermath of a car accident in Maryland requires a clear understanding of the state’s at-fault system and contributory negligence rule. Remember that knowing your rights and obligations can help you make informed decisions. If you are involved in a car accident, consider seeking legal advice to ensure your rights are protected and you receive fair compensation.