Maryland Auto Accident Lawyers

Welcome to the Auto Accident Resources section on legalteam.net, provided by the law offices of Belsky, Weinberg & Horowitz. We have six offices located in Maryland and handle auto accident cases on daily basis. The purpose of this site is to raise awareness on the dangers and realities of auto accidents. We all know that auto accidents are dangerous however there is a lot of other information relating to auto accidents that you may not know. We hope you find the information contain here informative, as always if you have any questions please contact our law firm for a free case evaluation. Our firm's goal is to help you and your family get the maximum compensation you deserve. If you were injured in Maryland then contact our firm - we are experienced Maryland auto accident lawyers.

If you have been in an auto accident remember:

The insurance companies are not your friend. Their job is to minimize payout's to accident victims. They have entire teams of lawyers working against you. Who will be on your side? Our Maryland auto accident attorneys know how to fight against these greedy corporations.

Trust our experience to help you with your case

After you’ve had an auto accident, you may need help dealing with the insurance companies. Insurance companies are trained and are very good at minimizing and sometimes not paying out at all. Insurance companies will try to get you to say things that will minimize or even completely remove your payout's. Our firm only handles auto accident cases for the victims involved - we do not represent at fault drivers. Our consultation is free and you only pay a fee after we win for you.We explain your rights and what you are be entitled to. There are many different types of damages that you can recover, depending on your situation. Damages can be recovered for injuries or property damage, mental pain and suffering, and others. You may want someone on your side when trying to deal with the insurance companies, and someone who will be looking out for your best interest.

Every year there are more and more vehicles on the road. As a result there are also more and more auto accidents. Auto accidents often cause injury, and all too often are fatal. The financial consequences can be quite expensive, legal consequences can be extensive. Every 13 minutes a person dies as a result of an auto accident. There are approximately 6.5 million auto accidents every year. 3 million people are injured and more than 45,000 auto accidents are fatal. The leading cause of death for teenagers is due to auto accidents, read more about teenage driving safety. Statistically the victims are usually the drivers, then passengers, pedestrians, and lastly bicyclists. The chance of an auto accident increases 50% at night. All these accident statistics show one important thing - auto accidents are more common and extremely dangerous. If you have been injured in an accident from someone else's negligence please speak to our Maryland auto accident lawyers today for a free case evaluation.

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The trauma involved during and following an auto accident can be monumental. Once the shock of being involved in any type of auto accident wears off, the realization of what just happened and who is at fault are all thoughts that run through the victim’s mind. Determining who is at fault is sometimes a very difficult process and not very clear-cut. The victim bears the responsibility of proving that the other party was negligent in order for the victim to receive any type of settlement or benefit from the responsible party’s insurance company.

While it may seem clear whom the responsible party is, in the state of Maryland they must first prove full liability on the part of the other party. Maryland is one of five states that follow a contributory negligence system. This means that the victim or plaintiff, if the accident is going to trial, must first prove that the accident was caused purely by the defendant and not at all by the victim’s own negligence. The settlement of a case is greatly affected by the strength of liability.

While severity of injury (read about whiplash injury) and higher medical bills will generally result in higher verdicts, the venue where the case is tried may also have a bearing on the verdict. For example, venue is generally where the accident occurred, or where one or more of the defendants live or is employed. Generally, juries in more populated areas historically tend to award higher verdicts. The counsel of a skilled attorney with a proven record of accomplishment will also favorably affect the outcome of the verdict. There are certain things that you should do in the event of an auto accident that will help you to prove liability.

Things to do after a auto accident

Attend to injured parties and make sure they are stabilized to the extent of your ability then call 911.
Preserve the accident scene as much as possible.
Most people now carry cell phones with cameras, take pictures of the scene, road conditions, skid marks, impact sites, (both automobile and stationary items such as guardrails), etc.
Exchange insurance information and driver’s license information with all parties involved, including witnesses.
When the police arrive, be respectful. Do not admit fault and do not accuse the other driver, simply state the facts and be truthful.
If you receive a ticket, sign it. This is not an admission of guilt, simply a promise to appear in court to contest the ticket. The police have the authority to arrest you for failure to sign your ticket.
After the accident, it is very important to see your doctor and inform your insurance company as soon as possible. If you fail to inform your insurance company, it may void your policy.
Keep records of everything having to do with the accident, days missed from work, medical bills, phone conversations, repair bills, a written diary of how you feel and what you remember of the accident as soon as possible after the accident.
Do not sign any release forms from insurance companies. Not only can this be a possible admission of guilt but it will also prevent you from filing any future claims having to do with the accident.

Contact our firm for a free case evaluation

Who is at fault?

Determining who is at fault for an auto accident is a very important step in the claims process. Drivers who are found at fault for an auto accident will be held liable for injuries and damages, to a certain degree depending on the regulations in each state. At-fault drivers will either be required to pay all damages, a percentage due to their degree of fault for the auto accident, or none at all. Some states have enacted Contributory Negligence will rules out the possibility that the other driver may collect damages if they are found to have contributed even 1% to the auto accident.

Have you been in accident in which the other driver was at fault? Let us help you.

Common law for establishing fault in an auto accident applies four basic concepts:

Negligence
This means a driver has acted carelessly while operating their vehicle and has caused harm or damage. This can mean the driver was extremely negligent such as under the influence of alcohol. In other cases if the driver did not react in a timely manner they may be considered negligent. Whatever the exact reason is a negligent driver is an extremely dangerous driver. A driver can act as such through omitting certain rules of the road such as yielding right of way or through a general disregard of regulations such as speeding. These activities happen often, and are the cause of many accidents. Our law firm handles auto accident cases in Maryland. We fight against the negligent driver and their insurance company. We defend the victim that was wrongfully injured. Other forms of negligence can include: not looking at the road, instead using their cell phone or radio, driving too fast, under the influence or not following the rules of the road. A negligent driver is typically compared to a reasonable driver. Would a reasonable driver drive 65 MPH on a snowy night? Would a reasonable driver cross over the middle line just for a few seconds, thereby causing another car to crash? Would a reasonable driver follow too closely to another car? The answer is no. A reasonable driver would use a reasonable level of care when driving on the road to protect themselves and drivers around them.
Reckless or wanton conduct
This implies a willful disregard for the safety of others that are sharing the road. Reckless or wanton conduct is much more dangerous then simple driver negligence. Severe road rage may be a possible cause for this reckless act. Reckless acts are defined as actions that are performed without regard to possible consequences. These types of dangerous acts puts other drivers in way of possible injury or wrongful death. The consequences for such acts are also much more serious, including hefty fines and imprisonment. Some believe Maryland should consider installing cameras on roads to help identify reckless drivers. These cameras could be used to detect speeding cars and unsafe lane changes. Other organizations want to increase penalties for drunk drivers. Mothers against drunk driving (madd.org) is purposing to make it a felony to drive while extremely fatigued that results in a fatal accident. Currently in order to be charged with a felony the driver must be charged with vehicular manslaughter. Vehicalar manslaughter can be very difficult to prove due to the high requirements for such a charge. This means if a driver falls asleep at the wheel and kills another person they may only have to pay a traffic fine.
Intentional misconduct
Behaviors such as following too closely or cutting other vehicles off fall under intentional misconduct. Learn more about intentional misconduct.
Strict liability
This occurs in accidents that have been caused by a defective product, even if fault has not been assigned.

It can very easy to assign faults in some cases where activities such as drunk driving or excessive speeding are present. Cases can become more difficult when trying to prove general negligence. Often it is not just one driver who has acted negligently in causing the auto accident. All states have rules and regulations that must be obeyed by drivers on public roads. Violating any of these laws is considered an act of negligence. The driver who is in violation of the law must try to prove their negligent act was not the proximate cause of the auto accident. The party suing must therefore prove the auto accident would not have taken place, but for the negligent act of the opposing driver.

There are a couple situations in which the other driver is almost always at fault: a rear end collision and left-turn accident.

Left Turn Accidents

Typically a car making a left turn is always liable for hitting an on coming car into traffic. This because the incoming car has the right of way. When making a left hand turn you must yield incoming traffic. In Maryland however it must be proven that the incoming car was not even 1% negligent. So the incoming car must not have been speeding or under the influence of drugs or alcohol. Its always extremely valuable to get the names and numbers of everyone at the scene of the accident that witnessed the accident taking place. Also remember - anything you say can and will be used against you.

Contact us today if you have been rear-ended or are the victim of a left-turn collision!

In your car you should consider keeping an accident kit of sorts, including a disposable camera, notepad and pencil, road flares, and a flashlight. If you have been in an accident, these items will come in handy when collecting information before leaving the scene of the accident. Leaving with as much detail as possible will help your case down the road. Be sure to call the police first thing, their report can be a very useful tool. When they have arrived, get the officer’s name and badge number, and the number of the police report so you can obtain a copy later. Using your camera take pictures of the damage to each vehicle and the accident scene. Give a written description also. Scan the area for witnesses. If there are any, get their names and contact information. Write an account of the few seconds leading up to the accident as soon as you can, and add details as you remember them. Be sure to include the time of day and weather conditions, directions the vehicles were traveling and any other pertinent details. Be sure you do not admit fault when talking to the other driver or to the police.

Police reports & auto accidents

The police report will be a very important tool in your suit. Most police reports are public record and you will be able to access it for a small fee. Reports that involve criminal prosecution, or if the report is confidential it might not be available except through discovery which is the process of gathering evidence and information once a law suit has been filed.

The police report will contain such details as the date, time, and place of the accident; details of the accident and accident scene, including a diagram; names of all the parties involved and witness; a description of the drivers, along with their license numbers; names and contact information for parties who were injured, with a description of the injuries; a description of the weather, lighting conditions, and road conditions; description of damages to the vehicles and/or other damaged property; and a description of the vehicles involved.

After the accident, check the laws in your state to see if any were violated by you or the other driver. Your states laws can be found at the Department of Motor Vehicles.

Was the other driver in violation of your state’s driving laws? Contact us for a consultation.

You may want to consider hiring a lawyer to help you with your suit. They are familiar with the rules and regulations and keep help you navigate this confusing time. They can help with the accident investigation and/or hire an accident investigator. An accident investigator can help determine the cause of the accident, and give tips to help prevent future accidents, especially if the accident occurred on your premises. They reduce your liability, lest you be held accountable for damages or injuries you are not responsible for. They can also provide evidentiary support for your claim that will hold up in court.

To accomplish all of those things, an accident investigator will perform a variety of tasks. They will visit the accident site, checking for situations that could be conducive to an auto accident. They will interview witnesses and all of the parties involved in the accident to get a consensus of what happened. Computer programs can help reconstruct the accident, a very important task in the investigation. An accident reconstruction can help determine how and why the accident happened. They will find any and all evidence available that supports your claim.

Liability in auto accidents is usually due to negligence of the driver who caused the accident. Usually in accidents where a traffic violation is issued there tends to be a stronger case that the driver who caused the accident was at fault. Statements of the driver, victims and witnesses will also be taken into account as well as property damage, police reports and road conditions. In some accidents, simply by the nature of the accident, will liability be assumed. For example, auto accidents where the driver is struck from behind, the law will assume the driver of the auto from behind failed to maintain a safe and adequate distance from the auto in front in order to stop safely. Liability may also be found to be the manufacturer of an automobile or part simply due to the manufacturing of the item.

The State of Maryland requires that the following four elements must be proven in a case of negligence:

The person who caused the accident and injuries had a “Duty of Care” to the injured person. A Duty of Care is a duty to use that degree of care that an ordinarily prudent person would have used under the same circumstances. The issue then becomes whether the behavior of the Defendant in any given case constituted negligence so that the Defendant is liable. However, proving negligence alone does not guarantee monetary damages. The plaintiff must also prove the following elements:
The Defendant breached that duty by not exercising reasonable care.
The Defendant’s negligence caused injuries, damages and losses and was the “Proximate Cause” of the harm, not a remote consequence of it.
The Plaintiff must also prove actual damages. This means injuries and losses sustained to support the compensation for the harm.

Victims have three years in the state of Maryland to file suit for recovery of injuries and damages. This is called the Statute of Limitations. There are things however, which must be handled immediately and records that must be kept. Keep excellent records, and see a medical professional as soon as possible if you feel you have been injured. Do not risk the chance of compromising your claim by failing to contact an attorney.

Auto Accident Online Resources

Why you may need a lawyer
Do you need a lawyer? Find out important information that could save you big.
Statistics on Maryland Auto Accidents
Driving on our roads today has become a very hazardous activity due to the high number of auto accidents every day. There are many factors that account for auto accidents and there are also many ways they can be prevented. If you are in an auto accident there is a certain protocol that you should follow. Every year there are 6 million auto accidents in our nation alone, working out to be an accident every 14 seconds and a death every 12 minutes. As a result of these auto accidents there are 3 million injuries, 2 million permanent injuries and over 40,000 deaths. Learn how to save money on auto insurance
Personal Injury Protection (PIP)
Personal Injury Protection (PIP) is a type of insurance coverage that can be purchased with a car insurance policy. PIP is used to cover medical expenses and provide income compensation to those who are injured in a car accident.
Prevention of auto accidents
There are a few mistakes drivers make that frequently cause auto accidents. Fortunately, there are a few measures you can take the decrease the likelihood that you will be involved in an auto accident. Being more prepared will help cut down the amount of auto accidents. You cannot predict the actions of other drivers, but you can learn to be prepared for different incidents, and also prevent some severe injuries.
Common causes of auto accidents
Understand common ways auto accidents happen.
Aggressive Driving
Aggressive driving is an extremely dangerous problems on our roadways. Understand the warning signs by an aggressive driver and what you should do to try and avoid them. Aggressive drivers are negligent and pose a major safety risk to those around them.
Preventing Motorcycle Accidents
Motorcycles are a much higher risk for an accident than a typical car or truck. Unfortunately motorcycle accidents are at a higher risk factor for fatalities. Find out some important information you can use you help cut down on accidents and how to be more cautious around motorcycles.
Teen Drivers
Teenage drivers are much less experienced than an older driver and at a higher risk for an auto accident. Our guide for teenage drivers will help them identify some important safety tips on how to be a safer driver.
What do to if you are in an auto accident
If you actually have become a victim of an auto accident you may ask yourself - What do I do now? This guide will help answer some of your questions on what to do if you are a victim of an auto accident.
Are you properly insured?
Find out if you have proper Auto Insurance. Why? Not all car insurance coverage is the same. In fact there are many different options and each of those options can cause major trouble (or save you) down the road. Find out some important facts that all Maryland drivers need to know. Also you can view more information about auto accidents and Maryland law in our Maryland Accident Law Blog.

Also view our Truck Accidents page.
See also Personal Injury Damages

Maryland Injury Lawyers / Maryland Auto Accident Lawyers

If you would like any other information please feel free to contact our firm. We also have additional information on our blog, specializing on information about auto accidents in Maryland.

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