How Liability Works in Car Accidents in Prince George’s County
The aftermath of a car accident can be chaotic. Medical appointments, auto insurance
calls, and a ton of other things to deal with. Ultimately, when the chaos subsides, one
question will remain: Who was liable for the accident? Understanding the liability
process in Prince George’s County after a car accident is critical to protecting your
rights and receiving fair compensation for your claim.
Maryland is a “fault-based” state, which means the person responsible for the accident is liable for the damages resulting from that accident. However, identifying the party liable for an accident is rarely simple; it typically requires a review of police reports, an investigation by an automobile insurer, and may ultimately require a determination by a judge or jury.
Traffic patterns and risk factors in Prince George’s County are also unique and may contribute to accidents on busy routes such as the Capital Beltway and Route 50. That’s where car accident laws come in.
Factors that Contribute to Determining Fault
In Maryland, the typical basis for determining fault is negligence. A party is negligent when it fails to meet the standard of reasonable conduct in a given situation. Examples of negligence include:
- Running a red light or stop sign
- Excessive speed or tailgating
- Distracted driving (e.g., texting or eating while operating a vehicle)
- Driving while intoxicated or otherwise impaired
- Failure to yield the right-of-way
Maryland’s Contributory Negligence Rule
This is another factor that complicates the liability process in Maryland. Maryland is one of a limited number of jurisdictions that continue to apply the contributory negligence rule. According to the contributory negligence rule, if you have any degree of fault — even one percent — for a collision, you are precluded from obtaining any damages from the other party.
Therefore, if you were going slightly over the speed limit or did not signal before turning into the path of an oncoming vehicle, you may be completely barred from recovering any damages. This aspect of the contributory negligence rule can further complicate cases, and this is why many individuals seek counsel early in the claims process.
Role of Insurance in Auto Collision Claims
All Maryland motorists must maintain a certain level of liability insurance after an accident. The required levels of coverage include:
- $30,000 for the bodily injury of a single individual
- $60,000 for bodily injury for multiple individuals involved in an accident
- $15,000 for property damage
The liability insurance policy of the at-fault party will provide coverage for damages caused to third parties.
Establishing Liability
You must establish that the other driver’s negligence resulted in your injuries to obtain compensation. Typically, this involves establishing the following elements:
- Duty of Care: The other driver owed you a duty to operate his vehicle with due care.
- Breach of Duty: He breached that duty because of his negligent operation of his vehicle.
- Causation: His breach of duty directly caused the accident and your injuries.
- Damages: You incurred actual damage as a result of the accident, including, but not limited to: medical expenses, lost wages, or pain and suffering.
Key Takeaways
- Maryland is a fault-based jurisdiction — the party liable for the accident will be liable for damages.
- The contributory negligence rule bars recovery if you are found to have contributed to the accident.
- Establishing liability after a car accident is a difficult task; therefore, having good evidence is essential.
- Review any proposed insurance settlements thoroughly before executing a release of liability.
- An experienced attorney knowledgeable about the liability rules in Maryland can help protect your rights and ensure you receive the maximum possible recovery for your claim.
