It seems as though the roads are more unsafe than ever in today’s day and age, and unfortunately, this may actually be true. However, fortunately, all those who’ve been injured due to driver negligence may be entitled to compensation to help them heal. Continue reading and speak with our Maryland personal injury attorneys to learn more about some of the most common types of auto negligence and how our team can help if you’ve been injured due to no fault of your own.
What Is Auto Negligence Under Maryland Law?
Under Maryland law, auto negligence occurs when a driver fails to use reasonable care when operating a vehicle, and that failure causes injury to another person. Drivers have a legal duty to operate a vehicle with care, and any time that care is breached and results in injury, a driver may be held financially responsible for the damages.
It’s critical to understand that accidents caused by negligence differ greatly from unavoidable accidents. An unavoidable accident is one that occurs without fault from either party and is often caused by unforeseen circumstances. For example, if a driver causes an accident because they suffered a medical emergency while behind the wheel, they may not face liability.
Unfortunately, Maryland adheres to the contributory negligence statute, which means that an injured victim may be barred from collecting compensation if they are found to have contributed to the accident in any capacity. As such, proving negligence is critical if you have suffered injuries.
The Most Common Types of Auto Negligence in Maryland
Unfortunately, there are various ways in which motorists can be negligent, and oftentimes, these acts of negligence lead to serious auto accidents. Some of the most common types of auto negligence that our firm sees are as follows:
Distracted Driving
Unfortunately, texting while driving and other forms of distracted driving are more prevalent now than ever. Texting while driving is one of the leading causes of auto accidents in the United States. Maryland law specifically prohibits the use of handheld devices for texting. However, other forms of distractions can include:
- Setting a GPS
- Applying makeup
- Eating
- Using the radio
- Looking at a map
- Daydreaming
- Talking with passengers
Driving Under the Influence
Driving under the influence of drugs, alcohol, or any substance that inhibits your ability to safely operate a vehicle can have serious consequences. As such, if you have been injured by a drunk driver in Prince George’s County, they may face both civil claims and criminal charges for their actions, which ensures you can recover the compensation you deserve.
Speeding and Aggressive Driving
Unfortunately, the following behaviors constitute negligence and often result in accidents and subsequent injury:
- Excessive speeding above the posted speed limit
- Tailgating
- Unsafe lane changes
- Using the shoulder to pass
Accidents in which a vehicle is traveling at high speeds can increase the severity of the accident as faster speeds result in reduced reaction time, and often result in harsher penalties for the negligent driver.
Failure to Obey Traffic Signals and Road Signs
Unfortunately, a blatant disregard of the laws of the road, including adherence to traffic signals, can result in a collision. The most common forms of this negligence include:
- Running stop signs or red lights
- Failure to yield to oncoming traffic
- Improper turns
- Ignoring a police officer directing traffic
What to Do After an Auto Accident Caused by Negligence
Navigating the aftermath of a car accident in Maryland can be incredibly overwhelming. However, it’s important to remain calm and take the necessary steps to protect yourself and your claim if you choose to file. As such, you should:
- Call law enforcement
- Request medical attention
- Take photos and videos of the accident scene
- Avoid making any recorded statements
- Connect with an experienced Maryland personal injury attorney
Can I Sue if I Was Injured by a Negligent Driver in Maryland?
If you have suffered injuries at the hands of a negligent party, you may find that the impact it has on your life is severe, from he inability to work to astronomical medical bills. As such, understanding whether or not you are eligible to seek compensation is critical.
Generally, you can pursue compensation if the following are true:
- The driver owed you a duty of care
- The driver breached that duty by acting in a negligent manner
- That breach caused direct injuries
- You suffered financial harm as a result of the injuries
As mentioned, proving fault in Maryland is critical, as if you are found to have contributed to the accident in any capacity, even as low as 1%, you will be unable to recover compensation for the damages you have suffered.
Maryland’s Statute of Limitations for Auto Accident Claims
Under Maryland law, those injured in an auto accident will have three years from the date on which the accident occurred to file a claim. Failure to file a claim within this statute of limitations will result in being barred from recovering compensation. As such, working with an experienced attorney to discuss your legal options and help you file a claim on time is imperative.
Contact our Experienced Maryland Personal Injury Firm
When you have suffered damages as a result of a negligent driver, the impact can be devastating. That’s why it’s in your best interest to discuss your legal options with an attorney at Timian & Fawcett, LLC. Our dedicated legal team understands how complicated these matters can be, which is why our firm is dedicated to helping you fight for the best possible outcome for your circumstances. When you need help, do not hesitate to contact us today to learn how we can represent you.
