Suffering a personal injury in Maryland can be a distressing and life-altering experience. Whether you’ve been injured in a car accident, slip and fall incident, or any other type of accident, one of the crucial aspects of pursuing a personal injury claim is determining liability. At Alpert Schreyer, LLC, our experienced team of personal injury lawyers understands the complexities involved in establishing fault in Maryland personal injury cases. In this article, we will guide you through the process of determining liability in a personal injury accident, outlining the essential steps to protect your rights and seek fair compensation for your injuries and losses.
Understanding Maryland’s Contributory Negligence Law:
Before delving into the specifics of determining liability, it’s essential to comprehend Maryland’s contributory negligence law. Unlike many other states that follow comparative negligence, Maryland operates under a strict contributory negligence rule. Under this rule, if an injured party is found even slightly responsible for the accident, they may be barred from recovering any compensation. This makes determining liability in Maryland personal injury cases particularly crucial and challenging.
Gathering Evidence at the Accident Scene:
The first step in determining liability is gathering evidence at the accident scene, which can be critical in establishing fault. If you are physically able to do so, collect as much evidence as possible, including photographs and videos of the accident scene, the involved vehicles, and any visible injuries. Take note of any contributing factors, such as road conditions, weather, or traffic signals. Additionally, gather contact information from witnesses who can provide essential accounts of the accident.
Securing Surveillance Footage:
In Maryland, many public and private establishments utilize surveillance cameras. These cameras can often capture the events leading up to an accident, providing valuable evidence to help establish liability. Your personal injury lawyer can work with authorities and businesses to secure any available footage that may support your claim.
Documenting Injuries and Medical Treatment:
Seek medical attention promptly after the accident, even if your injuries appear minor. Timely medical treatment not only ensures your well-being but also creates a clear link between the accident and your injuries. Keep detailed records of all medical treatments received, doctor visits, prescriptions, and other related expenses. These records are vital in calculating your damages and seeking appropriate compensation.
Identifying Potentially At-Fault Parties:
Determining liability may involve identifying all potentially at-fault parties. In some cases, multiple parties may share responsibility for an accident. For example, in a car accident, the driver may not be the sole liable party; vehicle manufacturers, government entities responsible for road maintenance, or other third parties could also be partially at fault.
Conducting a Thorough Investigation:
A comprehensive investigation is crucial in determining liability in a Maryland personal injury case. Your personal injury lawyer will conduct an in-depth review of the accident scene, witness statements, police reports, and any other available evidence. This investigation will help establish a clear picture of how the accident occurred and who may be responsible.
Examining Traffic Laws and Regulations:
Determining liability may also involve a careful examination of Maryland’s traffic laws and regulations. Whether the accident occurred on the road, at an intersection, or in a parking lot, adherence to traffic laws plays a significant role in assigning fault. Your lawyer will assess whether any party involved in the accident violated traffic laws, leading to the injuries sustained.
Consulting with Expert Witnesses:
In complex personal injury cases, expert witnesses may play a crucial role in determining liability. These experts, such as accident reconstructionists or medical professionals, can provide valuable insights and opinions based on their expertise. Your personal injury lawyer will work with relevant experts to strengthen your case and provide a clear understanding of the accident’s circumstances.
Negotiating with Insurance Companies:
Insurance companies often play a significant role in personal injury claims. They may try to shift blame or downplay your injuries to minimize their liability. Having an experienced personal injury lawyer by your side is essential during negotiations with insurance companies. Your lawyer will protect your rights, handle all communication, and fight vigorously to ensure you receive the fair compensation you deserve.
Seeking Legal Representation:
Navigating the legal complexities of determining liability in a Maryland personal injury case can be overwhelming, especially if you are recovering from injuries. Seeking the guidance and representation of a reputable personal injury lawyer at Alpert Schreyer, LLC is crucial to protect your rights and maximize your chances of obtaining fair compensation.
Determining liability in a Maryland personal injury accident is a complex and challenging process, but it is crucial to seek fair compensation for your injuries and losses. By gathering evidence, securing surveillance footage, documenting injuries and medical treatment, identifying potentially at-fault parties, conducting a thorough investigation, examining traffic laws, and consulting with expert witnesses, you can build a strong case that establishes fault.
At Alpert Schreyer, LLC, our experienced team of personal injury lawyers is dedicated to fighting for your rights and seeking justice on your behalf. Our in-depth knowledge of Maryland’s contributory negligence law and our commitment to thorough investigations enable us to navigate the complexities of personal injury cases effectively.
If you or a loved one has suffered a personal injury in Maryland, don’t hesitate to reach out to us for professional guidance and dedicated representation. We offer a free and confidential consultation to assess your case, answer your questions, and outline the best course of action to pursue fair compensation. Rest assured that with our team by your side, you can focus on your recovery while we fight tirelessly to protect your rights and secure the compensation you need to move forward with confidence.