How to Prove Fault in a Waldorf, Maryland Auto Accident Claim

In Maryland auto accident cases, the injured victim must prove that the other driver was responsible for the accident that caused an injury. This is required by Maryland law. So, what does this mean? Legally, this means providing evidence that proves the legal elements of negligence. In Maryland, these elements are:

• The other driver had a duty of care which includes the duty to take care not to injure others on the roads of Maryland, the duty to obey traffic laws, the duty to drive without being impaired or distracted, etc.
• The other driver violated some duty — such as the duty of care or the duty to obey traffic laws
• The breach of duty caused the accident
• Which caused injury or property damage (like damage to the victim’s vehicle)

Generally, these must be proven by a standard showing each element to “be more likely true than not true.” In Maryland, this standard of proof is called “preponderance of the evidence.”

How to prove the elements of negligence

Under Maryland Rules of Evidence, three basic types of evidence are allowed — eyewitness oral testimony, documents, and opinion evidence. The first type is the sort of evidence depicted in movies and television shows. A witness is placed under oath and gives testimony in a question-and-answer format in court. An example might be:

Q: What happened?

A: I was driving on a green light, and the other driver ran the red light and hit my car when I was in the middle of the intersection.

This hypothetical eyewitness testimony is “good” evidence for proving fault in a Maryland car accident case. As noted above, all Maryland drivers have a duty to obey traffic laws. In this hypothetical testimony, the answer shows a breach of that duty (“the other driver ran the red light”). The testimony also provides evidence that the breach of duty caused the accident. Presumably, more testimony from the witness will provide evidence of injury.

With respect to documents, that is a very broad category of evidence that include things like drawings of the scene of the accidents, photographs (of the scene, of the damage to vehicle, of injuries, etc.), hospital invoices, medical reports, and more.

In most Maryland auto accident cases, there is also a need for opinion evidence. Typically, this involves showing the “link” between the accident and the injury. This sort of opinion evidence is typically provided by the treating doctor or medical providers. In other cases, some of the factual and legal issues can be more complicated. In those cases, additional expert witnesses are needed. This might happen if it is necessary to do an accident reconstruction to find out how the accident happened.

As can be seen, proving fault in a Maryland auto accident case is complicated. If you have been injured in a Maryland auto accident or Maryland personal injury case, call us here at the Law Office of Robert Castro. Our number is (301) 870-1200.

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.