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Is Maryland A No Fault State? What You Need to Know
Written by Bob Katz Law reviewed by Timothy J. Capurso
Car Accidents
To answer the question”Is Maryland A No Fault State”, short answer is no. Maryland is an at-fault state, meaning the negligent driver is responsible for accident-related losses. On the contrary, in a no-fault state, a car accident victim files an insurance claim to their provider, irrespective of the responsible party.
An injured victim in a car accident can file an insurance claim against the at-fault party to obtain compensation for their losses. Even so, the injured party must present evidence to demonstrate negligence to establish liability.
Consult a trusted car accident attorney in Baltimore, MD, to understand your rights and how to obtain compensation from the at-fault party.
Is Maryland A No Fault State? What You Need to Know
How Is Fault Determined in a Maryland Car Accident?
Since Maryland is at fault, establishing the liable party is crucial for obtaining compensation. It is sometimes evident if you were in a rear-end accident where a speeding driver strikes the vehicle in front. Sometimes, there is no clear evidence. In those cases, insurers often rely on coded designations, and understanding the left roadway meaning on an insurance claim in Maryland helps you see how an adjuster may be framing fault.
Sometimes, there is no clear evidence.
Here are a few methods that can help establish the liable party in a car accident:
Information From Drivers Involved
The information gathered by the involved drivers can help establish the liable party.
Anytime you’re involved in a car accident, consider gathering the following information:
- Names and contact details of passengers and bystanders at the scene of the accident
- Images of the damage to the vehicle and the scene of the accident
- A copy of the police accident report from the responding police officer
- Contact details of the law enforcement officer who responded to the scene
- Name, address, telephone number, license plate number, and driver’s license of individuals involved in the accident
The Police Report
Obtain a copy of the police accident report before you file an insurance claim against the at-fault party. The police have many details of the accident, including location, images, comments on violation of traffic laws, and a preliminary assessment of the cause of the crash.
If the other driver is at fault, the police report provides evidence to prove liability and protect your rights.
Decision By Arbitration or Mediation
Alternative dispute resolution methods may resolve the dispute if the at-fault party insurer can’t agree with the injured victim. Arbitration or mediation may decide the extent of damages and the responsible party for the losses. These processes are less costly and more convenient for insurers and injured victims.
A Jury Decides
If you take your matter to court, a jury decides the responsible party for the losses. The court also establishes an ideal settlement value that matches injury-related losses.
Who Is At Fault in a Rear-End Collision in Maryland?
When determining liability in a rear-end collision, the rear or approaching vehicle is primarily at fault. If the approaching driver followed too closely, leading to the accident, they may be liable for the accident.
Most rear-end collisions occur when a distraction prevents a driver from reacting on time to avoid hitting the front vehicle. However, the front vehicle may sometimes be at fault if it reverses, disregarding the approaching vehicle and causing a collision.
What Makes Maryland’s Contributory Fault Law Different?
Contributory negligence is a legal principle that affects the ability of an injured victim to recover damages when partially at fault for an injury. Maryland is one of the few states in the United States that uses contributory negligence when allocating damages.
Under Maryland law, a person found to be partially liable for the injury may not recover any damages for their injuries, regardless of the percentage of fault.
Suppose a pedestrian texting while crossing the street was hit by a driver operating beyond the prescribed speed limit. In that case, it wouldn’t matter whether the driver had violated existing traffic laws.
Maryland contributory negligence is criticized for being harsh and unfair. It is based on a strict ‘’all or nothing’’ basis, meaning an injured victim who is 1% at fault for an accident doesn’t receive compensation for accident-related losses.
Despite numerous criticisms and legal challenges, Maryland’s contributory negligence rules remain in place. The only way for road users and motorists to minimize the risk of road accidents is to be cautious on roads.
What Are Your Rights if You Are in a Car Accident in Maryland?
If you are injured in a car accident caused by someone else’s negligence, you have a right to obtain compensation. You can either file an insurance claim against the at-fault party or file a personal injury lawsuit.
Depending on the facts and circumstances of your case, you can obtain the following damages:
- Medical expenses
- Lost income
- Out-of-pocket expenses
- Pain and suffering
- Emotional damages
- Loss of consortium
- Loss of enjoyment of life
- Permanent disfigurement
You may also receive punitive damages if there is proof that the negligent party’s actions were grossly negligent, intentional, or malicious.
You also have a right to legal representation while pursuing compensation for your injury-related losses. A car accident attorney can provide legal guidance on obtaining evidence, negotiating with insurance companies, and litigating your claim in court.
Car Insurance Claims in Maryland
You should notify your insurance provider about a collision within a reasonable time frame after an accident. Depending on your service provider, a specific timeframe may exist for filing a personal injury claim with an insurer.
Although Maryland law doesn’t have a specific timeframe for filing car accident claims, the statute of limitations gives you a three-year window for injured victims to initiate a personal injury lawsuit against the at-fault party.
If you miss the three-year deadline, you may lose the opportunity to litigate your personal injury claim in court.
Get Legal Advice from an Experienced Car Accident Attorney in Baltimore, MD
Suppose you’ve sustained a broken arm in a crash involving a speeding driver. In that case, you may need medical care and miss work for several weeks, leading to a loss of income. You, therefore, deserve representation from a highly experienced attorney who’ll aggressively protect your right to compensation.
Bob Katz Law is a team of highly reputable personal injury attorneys with a proven track record of representing injured victims. Contact us online or at 410-576-4287 for a free consultation.
