When Should You Consult a Maryland Car Accident Lawyer?

A car accident in Maryland can be a life-changing event. Whether injured in an accident or accused of causing one, anyone involved could face significant legal and financial consequences. An experienced Maryland car accident lawyer can help you fight for the best possible resolution.

Should you trust your insurance company to act in your best interest? Do you need to report an accident to the police? How long does an injured party have to file a claim? The answers to these questions, and more, will depend on the specific facts of your case.

Even a minor fender bender can become a substantial legal dispute if latent injuries emerge. Any statement made to police, insurance company representatives, bystanders, or even friends and family can become evidence in a subsequent lawsuit.

Only experienced legal counsel can help guide you through the entire process and prevent errors that could compromise your case.

Accident Reports in Maryland

Maryland does not require a report for every auto accident. However, Maryland does require an accident report in the following seven circumstances:

1.      Any person suffers an injury

2.      A drunk driver is involved

3.      An unoccupied vehicle hit, and cannot locate the owner

4.      Cannot safely move the vehicle after an accident

5.      One driver refuses to exchange information

6.      Hit and run accident

7.      Car strikes a pet or service animal

Although not required by Maryland law, reporting any significant accident to local police is a good idea. A report preserves evidence of the incident and prevents anyone involved from denying it happened.

Limits on Maryland Legal Actions

Injured parties have three years to file lawsuits in Maryland, MD Cts & Jud Pro Code §5-101 (2017). However, anyone bringing legal action against a federal, state, or local government entity must file within one year. Certain exceptional circumstances can cause these time limits to “toll” (delay starting the clock).

To make an insurance claim in Maryland, the injured party must establish that the other driver involved is at fault. However, no recovery can be made if the injured party bears any responsibility for the accident (known as contributory negligence). In simple terms, this rule means the jury must find that the other driver is COMPLETELY to blame for the accident.

Showing even a tiny bit of contributory negligence, even less than 1%, will nullify a claim. However, some Maryland car insurance policies will cover specific damages regardless of fault under “Personal Injury Protection” clauses.

An experienced Maryland car accident attorney can advise you about how the contributory negligence rule applies to your case and whether your claim is likely to survive.

 Damage Limits in Maryland

Maryland divides damages into two categories: 1) economic and 2) non-economic. Economic damages are not limited. However, Maryland capped non-economic damages at $830,000 on 10/01/2016. The cap increases by $15,000 on Oct. 1 every subsequent year.

 In general, economic damages are direct and easily identifiable injuries caused by the accident. Non-economic damages are indirect and difficult-to-define injuries caused by the accident.

 Economic damages include:

  • Medical treatment cost
  • Lost wages
  • Car repair costs
  • Rental car costs

 Non-economic damages include:

  • Pain and suffering
  • Disfigurement
  • Lost capabilities due to physical impairment
  • Emotional distress

 Contact a Maryland Car Accident Lawyer

Even this brief overview of Maryland transportation law shows that a car accident can create complicated legal issues. Maryland's harsh contributory negligence rule can derail claims that seem certain to win. Getting sound legal advice from a Maryland car accident lawyer is the best way to secure a good outcome in any potential litigation. Seek help from counsel as soon as possible.

 Do not let small mistakes deny you the outcome you deserve. Contact a Maryland car accident lawyer as soon as possible.

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