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Understanding Comparative Fault In Maryland Car Accident Cases

  • Apr 23 2024

In Maryland, car accident cases often hinge on determining who is at fault. The concept of comparative fault plays a significant role in these situations, influencing the outcome of many claims. At Antezana & Antezana, LLC, our Gaithersburg, MD car accident lawyer frequently helps our clients through the process of understanding and applying these rules to their own accident cases. Here’s what you need to know if you find yourself in such a situation.

What Is Comparative Fault?

Comparative fault, also known as contributory negligence in some jurisdictions, is a legal doctrine used to apportion fault among the parties involved in an accident. Maryland adheres to a rather stringent version of this rule. Under Maryland law, if you are found to be even slightly responsible for the accident (as little as 1% at fault), you may be barred from recovering any damages from the other parties involved. This makes it absolutely crucial for drivers in Maryland to understand how their actions can impact their legal claims following a car accident.

How Does Comparative Fault Affect Your Car Accident Claim?

When an accident occurs, insurance companies involved will investigate the details to determine fault. They look at evidence such as police reports, witness statements, traffic camera footage, and any other relevant data. If it is found that both parties contributed to the accident, the principle of comparative fault comes into play.

For example, suppose you were speeding slightly over the limit when another driver unexpectedly ran a red light and collided with your vehicle. If the court finds that your speeding was partly responsible for the accident, your ability to collect damages for your injuries and losses could be completely negated under Maryland law.

The Importance Of Legal Assistance

Given the harshness of Maryland’s comparative fault rules, having knowledgeable legal representation is crucial. A skilled lawyer can help you gather the necessary evidence, represent your interests during discussions with insurance companies, and ensure that your side of the story is heard and considered. The goal is to minimize your fault in the accident to protect your right to compensation.

Gathering Evidence And Building A Strong Case

We at Antezana & Antezana, LLC emphasize the importance of collecting comprehensive evidence immediately after an accident. This can include photos of the accident scene, contact information for eyewitnesses, and detailed notes of your recollection of the event. Additionally, seeking medical attention right away not only aids your recovery but also provides a professional record of your injuries, which is vital for your case.

If you or a loved one has been involved in a car accident in Maryland, it’s essential to understand how comparative fault could affect your claim. Do not let the complexity of legal doctrines deter you from seeking the compensation you deserve. Contact us at Antezana & Antezana, LLC today. Remember that we offer free consultations and provide you with peace of mind, by assuring you if you do not receive compensation for your case, you will not owe any costs or attorney’s fees.

Our team is ready to help review your case, provide guidance on the best steps to take, and work tirelessly to ensure that your rights are protected. Remember, your initial consultation with us is free, and we’re here to assist you every step of the way.

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BRIAN P. RILEY
STEPHANE ROMANO
ROXANA AQUINO-SEGARRA
JOSELYN URQUILLA
ALFREDO J. ANTEZANA
REBECCA D. ANTEZANA
NEYDYN S. GOMEZ