When you’re involved in a car accident, proving fault can determine whether you’re entitled to compensation for your injuries and damages. You need to know how to go about proving fault in a car accident case.
Gather evidence from the scene
The first step in proving fault in an accident is collecting evidence from the accident scene. Take photos of the damage to all vehicles involved, the road conditions, and any skid marks or traffic signs that might be relevant. If there are any witnesses, get their contact information. Eyewitness testimony can play a significant role in proving who was at fault.
Review the police report
The police report can be a crucial piece of evidence in determining fault. Officers who arrive at the scene will usually write a report that includes details about the accident, the involved vehicles, and statements from both parties. While the police report isn’t always final in determining fault, it provides a starting point. It may include observations on whether any traffic laws were violated.
Understand Maryland’s comparative negligence rule
Maryland follows a “contributory negligence” rule, which means if you are even slightly at fault in an accident, you may be barred from recovering damages. For example, if you are 1% responsible and the other driver is 99% responsible, you could lose your ability to claim compensation. This is different from other states that use comparative negligence, where you may still recover damages even if you share some fault.
Examine traffic laws
Another key factor in proving fault is reviewing local traffic laws. If another driver was speeding, ran a red light, or violated any other traffic laws, that can establish fault. In Maryland, violations of traffic laws can be critical in personal injury cases, as they often show clear negligence. For instance, running a red light or failing to yield can directly lead to an accident.
Assess witness testimony and expert opinions
Witnesses can provide valuable testimony in determining fault. If the other driver admits to their mistake or if there are neutral witnesses who saw the accident happen, their statements can strengthen your case. Additionally, you can use expert testimony from accident reconstruction specialists to show how the accident occurred and who was at fault.
Ultimately, proving fault in a car accident case requires careful attention to detail and a thorough investigation. It is helpful to know that you must file your case within three years or risk not being able to receive compensation.
