If you’re partially at fault in a car accident in Maryland, your legal options may not be as numerous as you’d prefer.
In fact, you risk being barred from financial recovery under state law. However, this isn’t a sure thing, and an experienced car accident lawyer can help fight for your rights.
How Fault Is Determined in Maryland Car Accidents
Insurers and attorneys will conduct their own investigations after a car accident.
They’ll review the evidence and determine who they believe was at fault. However, these determinations aren’t legally binding outside of negotiations.
Where fault in a car accident is determined is in court. If a Maryland judge or jury decides you’re partially at fault, you won’t be able to recover compensation. However, if the other side is trying to blame you during negotiations, you still have the opportunity to fight back.
Consequences of Being Partially at Fault
Being partially at fault can carry some significant consequences. The following are four of the key things you’ll want to keep in mind.
No Compensation Under Contributory Negligence
Under Maryland’s contributory negligence law, being even 1 percent at fault for a car accident bars you from recovering compensation.
How Partial Fault Can Bar Your Lawsuit
If there’s a preponderance of evidence that you are partially at fault, your attorney will likely be reluctant to go through the expense and effort of filing a lawsuit. However, there may still be a chance to negotiate a settlement with the other driver’s insurer.
Personal Injury Protection (PIP)
If you carry personal injury protection (PIP) coverage, you may be able to file a claim with your own insurer to cover your accident-related losses up to your policy limits.
Challenges of Proving Fault
If you’re concerned you might be partially at fault, having strong legal representation can give you the strongest possible chance of pushing back against attempts to blame you. An experienced attorney can prepare a persuasive claim showing the other driver’s responsibility for the crash.
Key Exception: The Last Clear Chance Doctrine
Maryland follows the last clear chance doctrine.
It states that if the other driver had the last clear opportunity to avoid a collision and failed to do so, you may still be eligible for compensation even if you were partially at fault.
Your attorney may focus on the last clear chance doctrine in preparing your claim, especially if there’s evidence you were partially responsible for the crash.
Steps to Take If You Are Partially at Fault for the Car Crash
The first step to take after a car accident, if you think you were partially at fault, is one of the most important: don’t say so out loud.
If you admit fault or apologize in the presence of the other driver or the responding officer, you’ll do a disservice to your claim.
After you’ve sought medical treatment, contact a Maryland car accident attorney right away to discuss your legal rights and options.
When to Contact a Baltimore Car Accident Lawyer
Reaching out to an attorney as soon as possible after a car accident puts you in the strongest possible position to prepare a claim and fight back against the other driver’s attempts to blame you for the crash.
At Greenberg Law Offices, we’ve supported Maryland’s injured for over 60 years and recovered millions for our deserving clients.
Contact us right away to discuss your case with a dependable Baltimore car accident lawyer. Your initial consultation is free and fully confidential, and you pay nothing unless we successfully resolve your matter.
