Gelb & Gelb, P.C.
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Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.
U.S. Route 40 is also known nationally as the Main Street of America. Stretching as far west as Utah, U.S. 40 cuts from west to east through Maryland, making it the highway in our state. The interstate then goes as far east as Atlantic City, New Jersey. If you are in a car accident on U.S. Route 40 anywhere in Maryland, our team of U.S. 40 accident lawyers is here to help. Even if you are not from Maryland, you are still able to make a claim in Maryland courts. In fact, there is a chance you will not even have to come back to the state a single time following your accident. If preferable to you, we can handle your case exclusively over the phone and online.
The only reason you would have to come back to Maryland is if we are unable to settle the case due to a dispute in liability, value of your case, or some other like reason. When you hire a skilled U.S. 40 accident lawyer, you can rest assured you are in good hands. Perhaps the most frustrating part about getting into an accident while living out-of-state is the prospect of having to return to deal with the legal aspect. We understand this. We will work to resolve the case without you having to ever returning if that is what you prefer. If you direct us to settle the case and we can reasonably recommend that you accept a settlement offer upon proper direction by your legal team, you will be left to focus on your recovery.
If you are a resident of another state than Maryland, you can still file suit in Maryland if you meet certain requirements. First, you should have a US 40 accident lawyer who is licensed to practice law in Maryland. Without that, you may still handle your case pro se, but we generally advise against that. Of course, there are times where you can handle your case without an attorney. If you fit these circumstances, we will still advise you on your best course of action, free of charge.
Whether you can sue in Maryland as a non-resident is a matter of civil procedure. In general, a plaintiff can file a civil action in a jurisdiction where the accident occurs or where the defendant resides. Whether you are a resident of the state is wholly irrelevant. However, you do want a US 40 accident lawyer with experience in the county. Our attorneys have vast experience in each county in Maryland.
This question comes down to whether you can meet the four elements necessary for a negligence cause of action. Alternatively, if we can prove that the defendant acted with intentional conduct, you may make a claim for civil assault or battery. If this is the case, the damages may be higher due to the likelihood of punitive damages in an intentional tort case. However, to make a claim for negligence, which is the most common cause of action, we must prove duty, breach, causation, and damages. A US 40 accident lawyer will handle these elements on your behalf.
Additionally, in Maryland, a complete defense to a negligence claim is known as contributory negligence. This means that if the plaintiff is even 1% negligent himself in the accident, there can be no recovery. Maryland is only one of five jurisdictions in the country with this rule. However, there are exceptions to this defense that an experienced US 40 accident lawyer should be aware of.
We handle any accident on US 40 or elsewhere where you are injured due to someone else’s negligence. Of course, some accident types we see more than others. Moreover, some accident types have more clear-cut liability than others. Due to the contributory negligence defense from above, liability must be 100% clear, or at least appear so to a jury. Below is a list of the most common accident types.
If you are in an accident on US Route 40 and believe you have a case or have any questions regarding your claim, do not hesitate to reach out. Our consultations are always free and we do not charge a fee unless there is a recovery. You can reach us 24/7 at (202) 331-7227.
Gelb & Gelb, P.C.
N/a
Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.