Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
A Maryland intersection car accident lawyer at Gelb & Gelb can help you recover the compensation you deserve after a collision. This type of car accident, while less common than rear-end collisions or even sideswipes, can have devastating effects. For an intersection accident to occur, there has to be a certain level of recklessness. In the worst cases, one driver is breezing through the intersection on a red light. If they are doing this, there is a high probability they are paying no attention to the road whatsoever and may well be intoxicated. In some states, this could be classified as reckless driving, entitling a victim to punitive damages. That is not the case in Maryland unless we can prove, by a preponderance of the evidence, that the defendant was acting intentionally and wanted to injure you.
This is generally only possible with a prior personal relationship between you and the tortfeasor. Intersections can be confusing on the less extreme side. Sometimes, a driver chooses to make a last-second turn or decides to go straight through the light. This may mean a lane merge without properly checking mirrors and blind spots. Drivers may misjudge the speed of oncoming traffic, ignore traffic signals, or fail to yield the right of way, leading to devastating collisions. We will explore the common causes of a Maryland intersection car accident and their legal implications below. After an accident, you need to speak to a Maryland intersection car accident lawyer to discuss your options.
You may be facing medical bills and immense pain. Moreover, you may be unable to work due to your injuries. Even if you can physically work despite your pain or feel you need to, you may be unable to get to work due to your car being destroyed in the wreck. These are situations we have helped clients navigate thousands of times before.
By far, the most common reason a Maryland intersection car accident lawyer from Gelb & Gelb may get involved is when one driver fails to yield the right of way. If you are driving straight through an intersection and another car turns left in front of you, you may not have time to stop. In this scenario, even though you technically hit the other car, you are not at fault if you could not avoid the accident. This is because you have the right of way, and the other car must yield to your green light. While that is the most common cause of intersection car accidents, there are countless reasons why that might occur. First, the other driver may be distracted. This can be by texting and driving, talking on the phone, playing with the radio, adjusting navigation, or just about any other conceivable distraction in the car.
A distracted driver may not notice that the green turning arrow already turned red. Or, they may fail to notice that they have a green light and not a green turn arrow, a difference that has drastic implications. Speeding is also a common cause of intersection car accidents. Sometimes, a car turning left may not account for the other driver’s speed. In this instance, the car that failed to yield will be found at fault. There is an argument to be made that the speeding car is contributorily negligent and thus unable to recover compensation, but this would require an affirmative defense by the turning car’s insurer. They would have to prove that it is more likely than not that the car was speeding. The issue in doing so is that eyewitness testimony is not very convincing and likely to be destroyed on cross-examination.
As Maryland intersection car accident lawyers, we see first-hand the typical injuries from intersection accidents. The type of injury you suffer will depend on how your car is struck. But in almost all car accident cases, it is common to suffer a whiplash injury. This is from the sudden jerking of the head. This injures your neck and, often, your lower back. For this type of injury, it is typical to be prescribed several weeks of physical therapy to ease the pain. In more severe intersection accidents, you may suffer broken bones. This is especially common in the arms, ribs, and face. You may fracture an arm if you try to brace yourself against the steering wheel as the driver. Or, you may fracture your nose or orbital bone by slamming against the steering wheel or airbag.
In an intersection, these injuries may result due to a head-on collision. In the same type of accident that injures your bones in your face, you may also suffer a traumatic brain injury (TBI). This can have long-term effects on many aspects of your life and is an injury our Maryland intersection car accident lawyers observe routinely. For severe brain injuries, you may lose the ability to work your same job. If your employer releases you from employment because of your injury, this ultimately falls on the defendant who caused the intersection accident. In this scenario, it is critical to contact an attorney to understand what your options are. Hopefully, there is sufficient auto insurance coverage to cover your damages. If not, you can then make an underinsured claim under your policy.
Because you did not cause the accident, your rates will not increase if you make a claim under your policy. However, you can only do so under limited circumstances.
A Maryland intersection car accident lawyer will determine liability in several ways. We require evidence to prove anything we seek to prove at trial or even during a settlement negotiation. This may include traffic camera footage, eyewitness testimonies, photographs of the accident scene, property damage to the respective vehicles, and much more. Additionally, while a police report is immensely valuable during the commencement of your case, investigation, and settlement process, it is inadmissible at trial as hearsay.
The role of traffic laws is critical to establishing liability. Our Maryland intersection car accident lawyers will investigate each scene and evaluate the applicable traffic laws. Sometimes, there is a sign that you may not have noticed that alters the standard traffic laws into something that makes you at fault or not at fault. A driver may be found per se negligent when violating traffic laws. A defendant who breaches a statute is considered to have breached their legal duty. However, there are a few other rules that must be met. For example, as the plaintiff, you must be within the designated protected class as designed under the statute. This is taken on a case-by-case basis.
While traffic laws are designed to regulate traffic flow and protect drivers on the road, they can be confusing. Additionally, right-of-way rules can be confusing. While you may have the right-of-way under normal circumstances, if you have a yield sign, that likely gives the right-of-way to the other driver.
Contact a Maryland intersection car accident lawyer at Gelb & Gelb today to receive a free consultation and case evaluation. We will conduct a thorough investigation and determine your next steps.
Call our office today at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.