How Do I Dispute Car Accident Fault?

After an Edgewood car accident, you may find that the responsible driver or their insurance company accuses you of being at fault. If these accusations are untrue, and if the other driver caused your accident, disputing these accusations can be essential to defending your rights and potentially recovering compensation for your damages. In general, you may be able to dispute car accident fault by collecting evidence that the other party was responsible for the accident. Then, you can submit this evidence to the responsible party’s insurance company. You can also file a lawsuit against the insurance company and let a judge or jury decide who was at fault in your accident. If you choose to work with a car accident lawyer on your case, they may be able to help you dispute car accident fault. A lawyer can handle all evidence gathering, settlement negotiations, and legal work on your behalf.

Contributory Negligence in Maryland

The State of Maryland is one of the few remaining states that upholds a contributory negligence law for personal injury torts. Contributory negligence states that claimants cannot receive compensation if they were at fault in any way for the accident, per the Legal Information Institute (LII). This rule is true even if claimants are found to be only 1% at fault, with the defendant holding the remaining fault. For this reason, it may be extremely important to dispute car accident fault if you believe the fault has been misplaced for your accident.

Your Options for Disputing Car Accident Fault

There are a few steps you can take to dispute fault for a car accident:

Producing Evidence of the Other Party’s Liability

The responsible party’s insurance company may try to blame you for the accident until they see solid proof of their client’s liability. In a car accident case, such proof may include:
  • Dash cam, security camera, or traffic camera footage of the accident
  • Statements from witnesses
  • Testimony from accident reconstructions experts
  • Photos of the scene of the accident
  • The police report

Filing a Personal Injury Lawsuit

When you file a personal injury lawsuit against an insurance company, they no longer have the power to decide who was at fault for your accident—that authority goes to the judge or jury overseeing your case. If the judge or jury decides that the other party was at fault for the accident, they may award you compensation. Note that there is a general three-year statute of limitations on personal injury lawsuits in Maryland, according to Maryland Courts and Judicial Proceedings §3–904.

The Damages You May Be Able to Recover

If you can prove that another driver was at fault for your accident, you may be able to recover compensation for your damages. Depending on the nature and severity of your injuries, the potentially recoverable damages may include:
  • Medical bills for your current and future accident-related expenses
  • Loss of income
  • Reduced earning capability
  • Property damage
  • Mental anguish
A lawyer can also assist you by calculating the value of your damages.

Call on the Law Offices of Adam M. Smallow for Help with Disputing Fault

The Law Offices of Adam M. Smallow understands how hard it can be to dispute car accident fault in Maryland. If you were injured in a car accident caused by another party’s negligence, the Law Offices of Adam M. Smallow might be able to help you dispute fault and fight for compensation. While you focus on your recovery, we can:
  • Collect evidence of the full extent of the responsible party’s liability
  • Demand a settlement from the responsible party’s insurance company
  • Take your care to trial, if necessary
The Law Offices of Adam M. Smallow prioritizes our clients’ needs by always being available for updates or information. In addition to standard phone and email access, you will have 24/7 text message access to our team when we represent you. For help disputing fault in your car accident, call the Law Offices of Adam M. Smallow today at (410) 777-8960. A representative of our firm can discuss your accident and your legal options during your free case review. We can also suggest trusted, highly qualified medical providers who may be able to assist with your recovery. If you qualify, the Law Offices of Adam M. Smallow may be able to offer you representation on a contingency-fee-basis with no up-front payments required.