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Proving negligence in a Maryland car accident comes with challenges. Here, we discuss the legal standard you are held to, the burden of proof you have as a plaintiff, and the several related legal nuances that accompany a negligence claim. Of course, we cannot cover all aspects of negligence law in this guide. But by following along, you will gain a thorough understanding of how to prove negligence and practicable and actionable steps to protect your legal rights should you be in a Maryland car accident. To prove negligence, we must convince a jury that it is more likely than not that we have established each element. The standard of evidence for the jury to consider is “preponderance of the evidence.” You may be familiar with proving guilt “beyond a reasonable doubt” in a criminal setting. In a civil setting, we have a lower burden.
This makes a lot of sense and is the correct view. The court values a person’s freedom more than money. Accordingly, it is harder to prove criminal guilt than civil liability. The four elements to prove negligence in a Maryland car accident are the same elements we apply to a slip-and-fall case, a truck accident, or any other personal injury matter. Like any other personal injury matter, we require evidence to prove an element by its preponderance. While testimony by an eyewitness can be both legitimate and convincing, witnesses can sometimes be deemed uncredible by a skilled defense attorney. This is why it is so vital to collect evidence at the scene. This includes taking photographs of anything you deem relevant at the accident scene, exchanging information with the other driver so we have someone to prove negligence against, and more.
As alluded to above, we require evidence to prove negligence in a Maryland car accident. With that evidence, we must prove each of the four elements, convincing a jury that it is more likely than not that each occurred.
Not every person owes a duty to every other conceivable person or entity. Instead, the plaintiff or victim must be foreseeable. We must establish that a duty exists and that the defendant must conform to a specific standard of conduct to protect the plaintiff from an unreasonable risk of harm. On the road, this is relatively simple. So long as the plaintiff is reasonably foreseeable, the driver owes you a duty. The only way you would not be foreseeable is if you are driving on the wrong side of the road and, perhaps, driving through a tunnel where there is no reasonable way another driver would expect you. Beyond such an extreme example, a duty is owed to other drivers and pedestrians on the road.
Note that a driver owes the same duty whether the driver is 60 years old with 44 years of driving experience or 16 years old and it is his first time behind the wheel without supervision. The official duty behind the wheel is one of ordinary care.
A breach of duty can be either due to an act or omission. Where the other driver’s conduct falls short of the level required, the duty of ordinary care, the driver has breached their duty.
Causation is a more complex component of proving negligence in a Maryland car accident. Technically, there are two aspects of causation. The first is whether the breach of duty is an actual cause. This is known as factual causation. An example of a factual cause is whether the adverse driver got into their car on the day of the accident. Of course, that is an actual or factual cause. However, it has no legal significance. Thus, we also must prove that the breach is the legal or proximate cause of your damages. The doctrine of proximate causation is a limitation of liability. It deals with whether an act is unforeseeable or an unusual consequence of the breach. In a car accident case, if a driver breaches their duty by rear-ending you, it is reasonably foreseeable that the rear-end collision will result in neck and back pain.
The general rule is that the adverse driver is liable for all harmful results, which are ordinary incidents and are within the increased risk caused by his acts.
In a civil case such as a car accident, the element of damages refers to money damages. Proving negligence in a Maryland car accident does not necessarily lead to a conclusion of damages. If you are in an accident but suffer no injury and decide to sue the other driver, you may win $1 as nominal damages. We must prove that loss if you want to recover all the financial damages you lost because of the defendant’s actions.
Damages can be broken down into three categories. The infographic below shows precisely how to categorize damages in a negligence case.
Maryland’s contributory negligence rule disallows recovery if you are even 1% negligent in causing the car accident. Proving negligence in a Maryland car accident also means avoiding this complete defense. Failure to do so will cost you your case. While there are exceptions, they seldom apply to car accident cases. Accordingly, behaving prudently while behind the wheel is critical to your legal success. It also necessitates effective legal negotiation to argue that you did nothing wrong. Everything in a trial or settlement negotiation is reactive. In almost all instances, the lawyers of both sides were not at the scene and did not witness the accident. Accordingly, this process is as much about advocacy and skill as it is about whether you were contributorily negligent.
In many cases, the evidence against you is insurmountable. However, it is worth exploring your options by speaking to a Maryland accident lawyer immediately.
Technically, your testimony is the only evidence required to prove negligence in a Maryland car accident. However, we may need to bolster our case if the defense has extensive evidence countering your testimony. While no one piece of evidence is conclusive, below is a list of compelling evidence to consider using in your case.
In proving negligence in a Maryland car accident, you may face several legal challenges. This is why consulting with a skilled Maryland personal injury lawyer is crucial to best understand your options. While your accident may appear rudimentary, who is even to say that the other driver was at the scene? Insurance companies in auto accidents are masters of escaping liability, even when their insured is clearly at fault. They may catch you slipping up on any number of aspects of your case. They may ask you for a recorded statement, which, in some instances, you are required to give. An experienced and trusted Maryland accident attorney can help navigate the legal process.
Our attorneys have proven negligence in Maryland car accidents for 70 years since our founding in 1954. Further, we have successfully resolved over 10,000 cases. If you believe you have a viable accident claim, contact our office today for a free consultation and case evaluation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.