Rear-end collisions are generally cut and dry in terms of who is at fault. Usually, it’s the driver who is behind. However, there is often room to dispute fault, even in the most seemingly straightforward incidents.
If you have been injured in a crash, and insurers are pushing blame onto you, know that there are legal options available to you. Schedule a free initial consultation with Adam Smallow Injury Lawyers today to learn more.
Navigate This Page
- When Is the Rear Driver Liable?
- How Maryland’s Contributory Negligence Rule Affects Fault
- Types of Evidence Used to Show Fault
- Get the Help You Deserve With Your Rear-End Accident Claim
When Is the Rear Driver Liable?
Under Maryland law, the rear-end driver is usually presumed to be at fault in a rear-end collision car accident. Under Maryland Transportation Code § 21-310(a), drivers are required to maintain a safe following distance from the vehicle in front of them. When a rear-end collision occurs, it is assumed that the rear driver failed to maintain a reasonable distance from the other motorist.
When Do Exceptions Apply in Rear-End Accidents?
While the assumptions associated with rear-end collisions can make it harder to win a claim, you can still provide evidence to challenge fault. For instance, other factors may have caused the crash, such as:
- Front driver negligence, like a sudden, unexpected stop
- Multiple car pile-ups
- Sudden mechanical failure
- Road hazards
- Unsafe lane changes
- Brake checking
- Weather and visibility issues
How Maryland’s Contributory Negligence Rule Affects Fault
Maryland’s contributory negligence rule is extremely strict, barring compensation from any party who is found even 1% at fault for an accident. Given the gravity of the state’s rulings, it is imperative to provide clear and compelling evidence in your claim.
In addition to the high risks associated with contributory negligence, Maryland has a three-year statute of limitations for most personal injury claims. Failing to file your claim within this deadline can also prevent recovery.
Types of Evidence Used to Show Fault
There are several types of evidence that can strengthen your claim, including:
- Police reports: Accident reports provide important details, including the officer’s observations, witness statements, road conditions, and traffic citations issued at the scene.
- Photographs: Pictures of vehicle damage, skid marks, road conditions, traffic signs, and injuries can help document what happened.
- Video footage: Dashcam footage, traffic camera recordings, and surveillance videos may provide especially persuasive evidence.
- Witness statements: Testimony from independent witnesses helps corroborate your version of events and provides an unbiased account of how a collision occurred.
- Medical records: Medical documentation can connect your injuries to the accident, demonstrate the severity of your condition, and support your claim for compensation.
- Vehicle damage reports and repair estimates: The location and extent of vehicle damage help accident reconstruction experts and insurers determine what happened and assess fault.
- Accident reconstruction evidence: In disputed cases, expert analysis of vehicle damage, impact angles, skid marks, and other physical evidence establishes how the crash happened and who was responsible.
How Can An Attorney Help With Evidence Collection?
Evidence collection can be a stressful task on your own, especially if you were unable to take photos or videos at the accident scene. Fortunately, an attorney can conduct a thorough investigation into your case to gather substantial evidence and paint a picture of what happened. Get in touch with our law office today to learn more and better understand how much your rear-end collision case might be worth.
Get the Help You Deserve With Your Rear-End Accident Claim
Like any vehicle crash, rear-end collisions are stressful and messy. Your case can be further complicated if insurers are placing blame on you to avoid paying compensation. If you have been in a rear-end accident and are unsure of fault, help is available.
Get in touch with Adam Smallow Injury Lawyers today to secure the support you need and deserve. Our compassionate and hardworking attorneys can take on the challenging task of collecting evidence and negotiating with insurance companies while you focus on recovery. Contact Adam Smallow and his legal team today at (410) 449-7900 to schedule your free consultation.
