Waldorf, MD Auto Accidents: Can I Have a Personal Injury Claim if My Vehicle Hit Another?
Yes, depending on the facts and circumstances, you can have a personal injury claim following a Maryland auto accident, even if your vehicle is the one that made the initial contact with the other vehicle. In Maryland, which driver is at-fault and which is entitled to compensation is determined according to the legal doctrines related to negligence. To prove negligence, the victim must show that the at-fault party had a duty, that the duty was breached, and that there was causation and a resulting injury or damage to property. Even though YOUR car may have hit another, the other driver may have breached his or her duty and may, therefore, be liable to compensate you for your injuries and property damage.
A good example is a case where one driver is going the wrong way on a street (or in the wrong lane). You might try and avoid the wrong-way driver, but your vehicle crashes into the wrong-way driver’s vehicle. In such a case, the at-fault driver is the one driving in the wrong lane or going in the wrong direction on a one-way street. This is true even though the victim’s car made first contact.
Another example could be one involving a stationary vehicle. Imagine a vehicle stalls out or stops running in the lane ahead of you. Drivers have duties to not obstruct traffic and to move their vehicles off the road if they experience mechanical failures. If other drivers have no forewarning and crash into a stalled vehicle, the fault lies with the owner/driver of the stalled vehicle.
However, these types of cases can be difficult since drivers have a duty to be aware of potential dangers on the road and cannot contribute to the accident in any way. These difficulties can be seen in a recent case called Watson v. Timberlake, 253 A. 3d 1094 (Md. Court of Special Appeals 2021), involving a left turn accident in Prince George’s County, Maryland. The plaintiff in that case — Watson — was driving her grandson to elementary school and going northbound on Route 202. At about the same time, the defendant — Timberlake — was driving a trash truck in the opposite direction and made a left turn attempting to cross the northbound lanes in front of Watson’s vehicle. Watson tried to swerve to avoid hitting the trash truck but could not avoid the collision and hit the back right end of the truck. The case could not be settled and went to a jury trial. At the trial, the jury heard evidence from expert witnesses who reconstructed the accident scene. The expert testified that Watson had “ample time” to avoid the accident. The testimony was that, based on where she claimed to have first noticed the trash truck and based on how fast she claimed to be driving, she had several seconds to stop or swerve. Apparently, the jury found the evidence believable and found that Watson contributed to the accident. The jury returned a verdict for the driver of the trash truck.
The case shows why you need top-tier Maryland auto accident attorneys to handle your case if you have been injured in a car crash.
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.
