4 Laws to Know if You Were Injured in a Maryland Car Accident
A large percentage of car accidents in Maryland cause harm to victims, and the injuries can range from minor to severe, life-changing trauma. According to the Maryland Department of Transportation (MD DOT), there are almost 33,400 injury-causing crashes that take place across the state every year, out of a total of 115,555. Around 49,200 people are hurt in these incidents, so there are multiple victims involved with some of the most serious car accidents.
Fortunately, it is possible to recover compensation for your losses after an auto crash, including medical costs, lost wages, and pain and suffering. However, there are numerous laws to be aware of when you are pursuing a claim. Some legal concepts will affect your rights, while others may impact the damages you could receive. It is important to get legal assistance from an Owings Mills car accident lawyer, but here are some of the laws you should know if you were hurt in a collision.
- Negligence: The basis of liability is an important law for vehicle crash claims because it dictates what you need to prove to obtain compensation. Negligence is the concept that applies to most traffic accidents, so you must show:
- The other driver had a duty to exercise reasonable care behind the wheel, a duty that all motorists must uphold.
- The at-fault driver breached the duty of care through unsafe actions.
- The breach was the direct cause of the accident in which you were injured.
- You suffered losses because of being hurt.
- Statute of Limitations: There is a deadline for all legal claims, and the statute of limitations for car accident cases in Maryland is three years. You must sue in court before the term expires, or you will be forever barred from recovering monetary damages.
- Contributory Negligence in Maryland: In addition to proving the elements of a negligence case, you must also keep in mind how your own acts may have caused the crash. Maryland follows the rule of pure contributory negligence, in which you cannot obtain ANY compensation if you were also negligent. For instance, you might receive no damages if there is evidence that you were speeding, even if the other driver ran a red light.
- Maryland’s Statutory Cap: There is another law that affects your compensation, but it may result in a reduction of damages. Lawmakers have enacted a statutory cap on noneconomic damages, such as emotional distress and pain and suffering. The threshold is $920,000 until September 30, 2023, and it increases every year on October 1. The statutory cap does not apply to economic damages like medical costs and lost wages.
Trust Our Maryland Car Accident Attorney to Handle Legal Details
These are four critical laws to know if you were injured in an auto collision, but there are many additional concepts that impact your interests. For assistance with navigating the challenges, please contact Furman | Honick Law in Owings Mills or Baltimore, MD. You can schedule a no-cost consultation with a skilled traffic accident lawyer by calling 410-844-6000 or visiting us online.
Source:
mva.maryland.gov/safety/Documents/2021-benchmarks/StatewideBR-19Jan22-2021.pdf