Zaveri Law Firm Injury & Accident Lawyers understands the stress and confusion that follow a car accident. It's a lot to handle, whether you're dealing with medical bills, car repairs, or insurance claims. One key aspect of auto accidents is knowing how the term negligence affects a car accident claim.
It's also important for car accident victims to understand how negligence works. While you can pursue compensation from the insurance company, you might also be owed compensation through a personal injury lawsuit.
Learn more about negligence car accident case laws below. Then, contact us to schedule a free case consultation.
In legal terms, negligence means failing to act as a reasonable person would in a given circumstance. It's a fundamental concept in personal injury law. If someone acts carelessly and causes harm to another, they can be held legally responsible. The same concept applies to negligent drivers.
Maryland is a fault state, meaning you can hold an imprudent driver responsible for negligence in a car crash. It also gives the accident victim the right to pursue compensation in a personal injury lawsuit. Maryland state law requires any registered vehicle to have liability coverage.
According to the Maryland Department of Transportation, Motor Vehicle Administration, your vehicle insurance should cover at least:
The amount of responsibility a person bears for the accident depends on compensation in the state of Maryland, which uses a modified comparative negligence system.
Negligence matters because it is the basis for determining fault in a car crash. If the other driver was negligent or engaged in reckless behavior, you could be entitled to compensation for your injuries and other lost income. Proving negligence is key for securing the financial recovery you need to move forward.
Holding the negligent driver accountable without evidence of their fault or negligence can be difficult. This is why working with experienced car accident lawyers who know how to build a strong case properly is essential to helping you prove negligence.
The plaintiff in a court of law has the burden of proof. To recover damages, they must demonstrate that the other driver was negligent.
The statute of limitations, or time frame to take legal action in Maryland, is three years, according to the Maryland Courts & Judicial Proceedings Code Section 5-101.
If you want to recover compensation and file a claim for driver negligence, you must do so within three years. The sooner you contact us, the easier it will be for us to control the narrative and craft a strong case.
To prove negligence, you must establish the following four key elements:
The first element in proving negligence is establishing that the defendant owed a duty of care to the plaintiff. All drivers have a legal responsibility or duty to drive safely and follow traffic laws. The duty of care is fundamental to ensuring everyone's safety on the road and preventing a motor vehicle accident.
When a driver fails to act responsibly, they can be considered negligent. Texting while driving or running a red light breaches this duty of care. Proving that a duty of care existed is the foundation of any negligence claim.
Once a duty of care is proven, the next step is demonstrating that the defendant did not uphold this duty. A breach happens when a driver fails to act as a reasonable person would in a given situation. This can include speeding, distracted driving, or failing to yield.
To prove a breach of duty, evidence such as traffic camera footage, witness statements, or police reports may be used. Demonstrating a breach is crucial for building a negligence case.
Causation ties the negligent behavior to the damages suffered by the plaintiff. It must be shown that the defendant's actions caused the accident and the resulting harm, meaning that the injuries would not have occurred without the defendant's fault.
Establishing causation often requires medical records, expert testimony, and detailed accident reconstruction.
The last element of negligence is proving that the plaintiff suffered damages from the accident. Evidence proving this can be medical bills, pay stubs, and repair estimates to establish the extent of the damages.
Calculating damages accurately is essential for ensuring fair compensation. An experienced attorney can help quantify economic and non-economic losses to maximize recovery.
Being aware of and understanding these common examples can help you recognize negligent behavior and support your claim. Here are some common examples of negligent driving:
According to a Maryland Distracted Driving Program Area Brief, driving while distracted is one of the main reasons for car accidents. Distracted driving includes texting, talking on the phone, eating, or using technological devices. Distracted drivers are less attentive to their surroundings, making them more likely to cause accidents.
Going over the speed limit makes it harder for a driver to adjust to sudden changes in traffic flow.
Reckless driving includes aggressive maneuvers like tailgating, weaving through traffic, and ignoring traffic signals. These behaviors breach the duty of care owed to other road users.
Another means of negligent actions are DUIs. Drivers who are under the influence of alcohol or any other drug have no regard for a legal duty on the road. DUI is a criminal offense that also carries significant civil liabilities.
Proving DUI negligence involves obtaining police reports, breathalyzer results, and witness statements. Convictions or charges related to DUI can strongly support a negligence claim.
Failing to follow traffic laws, such as running red lights, not yielding, or illegal turns, is a common cause of accidents in Maryland. These violations directly endanger other road users and constitute a breach of duty.
If someone is arrested for a DWI or DUI in Maryland, they will face criminal charges and need to appear in court. In Maryland, offenses related to drunk driving are considered misdemeanor crimes.
The Motor Vehicle Administration assigns "points" to the driving record of anyone found guilty of a DUI or DWI. These points remain on the driver's record for two years.
Another act of negligence that can be just as harmful as driving while intoxicated is driving when tired. Fatigued drivers also have slow reaction times and impaired decision-making abilities. Long hours on the road without adequate rest significantly increase the risk of accidents.
Proving fatigue-related negligence involves examining the driver's logbooks and work schedules and possibly obtaining expert testimony on the effects of fatigue on driving performance.
At Zaveri Law Firm, we use a comprehensive approach to prove negligence. Our team conducts thorough investigations to gather all necessary evidence. We are committed to building the strongest possible case for our clients.
Victims of negligence in car accidents may be entitled to various types of compensation. Recompense of this kind includes medical expenses, lost wages, pain and suffering, and property damage. The goal is to recover more than fair compensation for the victim's losses and help them move forward.
Calculating compensation requires a detailed analysis of all damages. Both economic and non-economic losses are considered to ensure a fair settlement. Our attorneys work hard to maximize our client's compensation.
If you've been injured in a car accident, you don't have to face the legal challenges alone. At Zaveri Law Firm, our experienced car accident lawyers are here to help. We fight for your rights and work hard to secure the compensation you deserve.
Our team wants to eliminate the stress that comes with a car accident. We provide compassionate, dedicated representation to help you through this difficult time. Let us handle the legal strains while you focus on your recovery.
At Zaveri Law Firm, we offer free case consultations to discuss your accident and legal options. Our team is ready to answer your questions, address your concerns, and provide guidance. Be sure to seek the compensation you deserve.
Contact us to learn more about negligence car accident case laws today. Let Zaveri Law Firm Injury & Accident Lawyers fight for your rights and help you recover the compensation you rightly deserve.
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