Proving Fault in Waldorf, MD “Word-Against-Word” Auto Accidents

Sometimes in car accidents here in Waldorf, Maryland, or in other parts of Southern Maryland, it seems like the only evidence of fault is the word of the parties. One might say: “I had the green light,” and the other might say exactly the same thing. In such a case, you will definitely need the help of experienced and dedicated Maryland auto accident lawyers like the one here at the Law Office of Robert Castro. Call us at (301) 870-1200.

That being said, it is rare that the ONLY evidence of fault is the testimony of the drivers. There is almost always other evidence that will tend to show that one or the other party was “at fault.” For example, the location of the vehicles after the crash can provide some indication of who is at fault. If, as in our example, both cars crashed in the middle of an intersection both claiming to have been proceeding on a green light, how the vehicles crashed can say something about fault. If one automobile’s headlight crashed into the rear bumper of the other, that suggests that one driver had the right of way. At a minimum, that might be some evidence that the driver could have avoided the crash by swerving or applying his or her brakes. Drivers have a duty to avoid crashing if they can.

Other types of evidence might be available, including traffic cameras, dash or vehicle cameras, onboard data recording devices, third-party witnesses, police reports, etc.

Even if it seems that the case IS word-against-word, there are still methods of inquiry that can help determine whose memory is better. For this article, we will not assume that one party is lying; let’s assume mistaken memory. Memory can be tested via question and answer. For example, driver #1 might be asked these hypothetical questions and give these hypothetical answers:

1. How far from the intersection did you look up and see that the light was green?
2. About a block from the intersection.
3. Did you look up again at the light after that?
4. No.

By contrast, driver #2 might hypothetically respond to similar questions like this:

1. How far from the intersection did you look up and see that the light was green?
2. About a block from the intersection.
3. Did you look up again at the light after that?
4. I was watching the light the whole time as I approached and entered the intersection.

From this, it would be reasonable to conclude that driver #2 had the better memory. Other questions might also help determine who had the better memory. For example, consider these hypothetical Q&As for driver #1:

1. As you entered the intersection, did you see any other cars?
2. Yes, I passed a car that was on my right.
3. What was that car doing?
4. I think, waiting to turn right.

While this exchange is not conclusive, it provides some evidence that driver #1 did not have the green light. Otherwise, the driver of the other car would not have been sitting and waiting; it would have been turning.

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.