Proving fault in a Maryland car accident can feel challenging, but understanding the key factors can help you build a strong case. Understanding the factors that contribute to fault and knowing what steps to follow can help you build a stronger case.
Understand contributory negligence
Maryland is one of the few states that uses contributory negligence. This means that if you’re found to be even 1% at fault for the accident, you can’t recover compensation for damages. To prove fault, you must show that the other party was more at fault than you. Understanding this rule is essential when you’re gathering evidence.
Gather evidence at the scene
The more evidence you can collect right after the accident, the stronger your case will be. Start by taking photos of the scene, the vehicles, any damages, and visible injuries. Speak with witnesses and get their contact information. If possible, take note of road conditions, weather, and traffic signals. The more documentation you have, the easier it will be to prove fault.
Review the police report
When law enforcement arrives at the scene, they will file a report. The police officer might make an initial determination of fault based on their investigation. While the report can be helpful, it is not always final. The insurance companies and the courts will also look at other evidence to make a determination.
Work with accident reconstruction experts
In complex cases, you might need an accident reconstruction expert to analyze the scene and determine how the accident happened. These experts can use physical evidence, vehicle damage, and witness statements to help reconstruct the accident and assign fault more accurately.
Proving fault in a car accident can be a tough process due to the state’s strict laws. By understanding the process and what to do, you can strengthen your case.