Yes. In Maryland auto accident cases, injured victims must prove fault. That is, the injured party (or parties must prove that another person committed some form of wrongdoing leading to the accident. If it is proven that that person was at fault, then that person is legally responsible to pay compensation to the victims. The question of “fault” is a legal and political issue now since some States have gotten rid of the requirement that an injured party prove fault. Those are so-called “no-fault States” where insurance is expected to provide compensation regardless of who is at fault for the accident. As noted, however, that is not the rule in Maryland, and Maryland is unlikely to adopt the no-fault doctrine anytime in the near future.

So, if you have been injured in a car accident here in Charles County, Maryland, you must provide evidence that another person was at fault for the accident in order to obtain an insurance settlement or a favorable jury verdict and judgment. In Maryland, proving fault means proving the four elements of negligence: duty, breach, causation, and damages/injury. Proving negligence can be legally complicated, which is why it is beneficial to hire trusted and experienced Maryland car accident attorneys like those at the Law Office of Robert Castro. Contact us using our contact page or by calling us at (301) 870-1200. We have offices in Waldorf, Maryland.

How to prove fault in Maryland auto accident cases

As noted, proving fault means proving the four elements of negligence. The first element is called “duty.” This means proving that a person had a duty to the injured victims. Duty is usually not difficult to prove since Maryland law imposes several duties on drivers. The two most important are the duty to be careful and watchful while driving and the duty to obey traffic laws. Once the duty is established, it is generally not too difficult to prove the breach of that duty. Let’s look at a couple of examples involving different types of collisions:

• Rear-enders — these tend to happen when a following car fails brake in time to stop, fails to maintain a safe distance, is going too fast, etc.; in such cases, the driver in the following car has definitely breached his or her duty to obey traffic laws since Maryland law requires that all drivers maintain a safe distance behind the car in front of them; likewise, the driver has probably breached his or her duty to driver carefully
• Intersection crashes — these usually occur because one driver fails to obey traffic signals or signage; since obeying traffic signals/signage is required by law, the driver has breached his or her duty

Once duty and breach are established, it is necessary to show causation. This has two aspects: proving that the breach of duty caused the accident and that the accident caused the injuries and other damage claimed. Finally, it is necessary to prove that there were, in fact, injuries to a person and/or damage to property, like damage to a vehicle.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.