There are many ways that an accident may happen on the road, though negligent driving behaviors, like distracted driving, reckless driving, and driving under the influence, are among the most common causes. Major accidents in Maryland, including those that happen in Baltimore County, often stem from one moment of a driver’s negligence. Victims injured as a result of another party’s negligence may be eligible to seek compensation for medical expenses, lost wages, and other damages. As such, understanding the different types of negligence that can lead to a collision and what to do if you are hurt is critical to fighting for the compensation you deserve. If you are injured, you may wish to speak with an experienced attorney to discuss your options.
Understanding Negligence in Maryland Car Accident Cases
Negligence is at the core of most car accident claims that arise in Maryland. Essentially, negligence arises when a driver fails to act with reasonable care and, as a result, someone else is injured because of their actions.
Maryland, unlike the majority of states, adheres to a contributory negligence doctrine. This means that an injured victim may be barred from recovering compensation for their injuries if they are found to have contributed in any capacity to the accident.
Unfortunately, due to the number of heavily trafficked major highways and congested local roads that run through Baltimore County, including Belair Road, York Road, I-695, I-95, and I-83, accidents are not uncommon in the state, which is why drivers must be aware of their rights and how to proceed in the event of a collision.
Common Elements Required to Prove Negligence
- Duty of care: The driver owed a duty of care to others on the road to abide by the laws and act in a safe manner
- Breach of duty: The driver breached that duty by acting in a careless or reckless manner
- Causation: The breach of duty resulted in injuries to another person
- Damages: The injuries resulted in measurable damages to the victim
Maryland’s Contributory Negligence Rule
- Maryland is one of the few states that adheres to the contributory negligence doctrine
- Insurance companies often use this as grounds to deny claims
- Even minor allegations of fault contribution can significantly impact recoverable damages
- Early legal guidance is critical to preserve your claims
- Maryland accident victims should not admit fault at the scene of the accident
Types of Negligence in Maryland Car Accidents
Car accidents can, unfortunately, happen at any time. There are many ways that an accident may happen on the road. While there are many rules for drivers to follow, they are still subject to human error. It is possible for a driver to become distracted and take their eyes off the road for one second, which can lead to an accident. Accidents can often lead to very serious accidents and even sometimes death.
Dangerous Driving
If a driver does not follow the rules of the road, they are negligent. When they drive in an unsafe manner, others on the road are put in danger. Some examples of this may include:
- Speeding
- Reckless driving
- Improper passing
- Unsafe lane changes
- Tailgating
- Street racing
- Aggressive driving
- Driving in a manner that is unsafe due to road or weather conditions
- Driving under the influence
- Failure to yield to other drivers or pedestrians
Distracted Driving
Drivers are required to give the road their undivided attention. Distracted driving is one of the leading causes of motor vehicle accidents in the United States. One of the most common distractions today is the use of a mobile phone behind the wheel of a vehicle. Other common forms of distracted driving include:
- Texting and driving
- Setting a GPS
- Making phone calls
- Reading or sending emails
- Eating or drinking
- Reaching for objects inside the vehicle
- Using social media
- Talking with passengers
Drowsy Driving
Fatigued driving can be just as dangerous as drunk driving, which may come as a surprise to many. Studies show that a driver who has been awake for 17 hours has similar levels of impairment as a driver with a BAC of 0.05%, which is enough to pose a risk to others on the road. Drowsy driving can reduce reaction time, impact judgment, and even lead to sleeping behind the wheel. Common warning signs of drowsy driving include:
- Inability to maintain lanes
- Delayed brakes
- Failure to adhere to traffic signs and signals
- Difficulty maintaining speed
What to Do After a Maryland Car Accident
If you are involved in an accident in Towson, Pikesville, Carney, or any other community in Baltimore County, taking the correct steps is critical to protecting not only your health and well-being but also your right to fight for compensation.
Immediate Steps to Take Following an Accident
- Call 911
- Seek immediate medical attention, even if you feel fine or injuries seem minor
- Exchange insurance information with the other driver(s) involved
- Document the accident scene by:
- Taking photos of the damage
- Taking videos of the road or weather conditions
- Taking photos of visible injuries
- Looking for nearby homes or businesses with surveillance cameras that may have captured the collision
- Collect the names and contact information of witnesses
- Contact an experienced Baltimore County personal injury attorney
Proving Negligence After a Maryland Car Accident
When a driver acts negligently while behind the wheel of a vehicle, they can put others on the road at great risk. If negligent behavior causes an injury to another person on the road, the driver may be held liable for the injuries they cause as a result.
If an individual wants to hold another party responsible for their injury, they must satisfy the “burden of proof.” This requires them to gather evidence that proves the accident and injury were a result of the driver’s negligence.
Evidence Commonly Used in Maryland Car Accident Claims
- Police reports
- Medical records
- Photos and videos
- Witness statements
- Expert testimony
- Accident reconstruction
- Cellphone data
- Black box vehicle data
Contact Our Towson Personal Injury Firm
If you or someone you know was injured in a car accident as a result of negligence, contact the Law Offices of Markey & Orsi today. The legal team at Markey & Orsi has proudly represented clients who have been injured throughout the state of Maryland due to the negligence of another party for nearly 30 years. If you require strong legal representation, contact Markey & Orsi today to schedule a consultation.