Car Accident Liability

Determining liability in a car accident can be complicated, especially in Maryland, where strict contributory negligence rules can create a very real barrier to recover for many deserving accident victims. The bottom line is that, if you've been involved in a crash, it is essential to understand how liability is determined and the factors that might affect your case. At Foran & Foran, P.A., our experienced team of Prince George’s car accident liability attorneys can help guide you through Maryland’s laws and fight to secure the compensation you deserve.

In Maryland, car accident claims are based on the legal theory of negligence. To prove that another party was negligent, you must establish four key elements:

1. Duty of care: Every driver has a legal obligation to operate their vehicle safely and follow traffic laws.
2. Breach of duty: If a driver violates this duty, such as by speeding, running a red light, or driving distracted, they have breached their duty of care.
3. Causation: You must show that the driver’s breach of duty directly caused the accident and resulted in your injuries.
4. Damages: Finally, you need to demonstrate that the accident led to specific damages, such as medical expenses, lost wages, or pain and suffering.

Proving all four elements is critical in a car accident liability case. At Foran & Foran, P.A., our Prince George’s County car accident lawyers have more than 60 years of hands-on experience successfully handing all types of car accident cases, including those involving drunk driving, distracted driving, routine traffic mistakes and more.

Liability in a car accident isn’t always limited to the drivers involved. Depending on the circumstances of the crash, there are several other parties who may be held accountable. For example, below is a list of possibly liable parties following a Prince George’s car accident:

• Other drivers: In most cases, the driver whose negligence caused the accident will be held responsible. This can include behaviors like distracted driving, speeding, or failing to yield.
• Vehicle manufacturers: If a mechanical failure or defect contributed to the accident, the manufacturer of the vehicle or its parts could be liable for the crash.
• Government entities: In some cases, poor road conditions, lack of signage, or improperly maintained roads may contribute to an accident. If this is the case, the government entity responsible for maintaining the roads could be held liable.
• Employers: If the at-fault driver was working at the time of the accident, their employer may be responsible under the legal theory of vicarious liability.

It is important to remember that each case is unique, and determining liability requires a careful investigation. At Foran & Foran, P.A. our Maryland injury lawyers have the experience and resources necessary to identify all potentially liable and strategically pursue claims against each.

Maryland is one of the few states that still follows the rule of contributory negligence. Under this law, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. This can make it incredibly difficult to secure compensation if the other side can prove that you were even minimally responsible for the crash.

There are, however, some exceptions to this strict rule. For example, if the other driver’s actions were grossly negligent or reckless, or if they were intentionally harmful, contributory negligence may not apply. Additionally, if a defective product or poor road condition played a role in the crash, liability may shift to the manufacturer or government entity rather than being placed on the drivers involved.

To be sure, navigating Maryland’s contributory negligence law requires an experienced legal team. At Foran & Foran, P.A., our lawyers will fight to ensure that fault is accurately assigned and that you receive the compensation you deserve, even in cases where the other driver’s insurance company claims contributory negligence was a factor.

Understanding and proving liability in a Maryland car accident can be challenging, especially with contributory negligence laws in place. If you or a loved one has been injured, the team of Prince George’s car accident liability lawyers at Foran & Foran, P.A. is here to help. We have decades of experience handling car accident cases and are committed to securing the best possible outcome for you. To learn more, and to schedule a free consultation, contact us today by calling 301-441-2022 or through our secure online contact form. We also represent clients in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville and the surrounding areas.