Olney, MD Car Accident Lawyer

Severe physical injuries and emotional distress are common experiences for individuals involved in car accidents. Nevertheless, those who have suffered damages from car crashes in Olney have the right to pursue compensation.

Recovering from injuries sustained in a car accident can be an arduous process that requires a lot of medical attention. Nevertheless, getting compensated for such damages can be a daunting task. Our firm can be a valuable resource in this regard, as we can provide the necessary guidance to navigate the legal process and develop effective strategies to obtain the compensation you rightfully deserve. With our considerable experience in handling various car accident cases, no accident is too insignificant, and you should be compensated for the mistakes of others.

For a free case review with our car accident attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

Parties that Can Be Sued for a Car Accident in Olney, MD

Determining liability in a car accident in Olney is not always straightforward. Potential defendants can include many different parties. Having a comprehensive understanding of who can be sued and working with our experienced car accident attorneys can significantly enhance your chances of securing the compensation you deserve. The following are parties we typically sue after an Olney car accident:

The Other Driver

When it comes to car accidents, the first and most obvious party that could be held responsible is the other driver. If they acted negligently or recklessly, such as by driving while distracted, speeding, or under the influence of alcohol or drugs, they could be held accountable for any damages or injuries caused by the accident.

In order to prove the other driver’s fault, it is important to gather as much evidence as possible, including police reports, witness statements, and accident reconstruction. These pieces of evidence can be instrumental in building a strong case for seeking compensation for any losses or injuries sustained as a result of the accident.

Employers

In the event of an accident involving a commercial vehicle, it is possible that the driver’s employer might face legal action. This is because of the legal principle known as “respondeat superior,” which holds employers responsible for the actions of their employees that are carried out within the scope of their employment.

For example, if a delivery truck driver causes an accident while performing their delivery duties, the company that employs them might be held accountable for any resulting damages or injuries. It is important for employers to ensure that their employees are trained and equipped to operate commercial vehicles safely, as well as to maintain proper insurance coverage in the event of an accident.

Vehicle Manufacturers

Sometimes, accidents can occur because of a problem with the vehicle rather than the driver’s actions. In such scenarios, the manufacturer of the vehicle might be held responsible if the accident was caused by a manufacturing defect.

For example, if the brakes malfunction and result in a collision, the manufacturer of the faulty brakes could be sued under product liability laws. It is crucial to understand that in such cases, the manufacturer could be held liable for any damages caused because of the defect and might be required to provide compensation to the affected party.

Government Entities

There are times when car accidents happen because of poor road conditions or faulty traffic control devices. In such cases, the government entity that is responsible for maintaining the roads and ensuring traffic signals function properly might be held liable for the accident.

However, suing a government entity is a more complex process than suing a private individual or company. This is because there are different rules and deadlines that apply to government lawsuits. For instance, there might be a shorter period within which you must file the lawsuit, and there might be restrictions on the amount of damages you can recover.

Additionally, government entities often have legal teams that are well-versed in defending against such lawsuits, which means you will usually need to have an experienced attorney on your side to help you navigate the process successfully.

Bar or Restaurant Owners

Under Maryland law, establishments that serve alcohol, such as bars and restaurants, can be held accountable for the actions of intoxicated customers if they cause harm to others. This is known as “Dram Shop” liability, which means that the establishment can be held responsible for any injuries or damages that result from serving alcohol to visibly intoxicated customers.

To prove Dram Shop liability, it is necessary to show that the establishment served alcohol to a person who was already visibly intoxicated and that the person’s intoxication was a significant factor in causing the harm. This can be a challenging process, as it requires evidence such as eyewitness accounts, video footage, and expert testimony to establish that the establishment was negligent in serving alcohol to the customer.

Despite the challenges, pursuing a dram shop liability claim can provide an additional avenue for seeking compensation for injuries or damages caused by drunk driving accidents. However, the establishment’s liability is not automatic and must be proven with evidence of their negligence.

How Contributory Negligence Works in an Olney, MD Car Accident Case

Contributory negligence is a legal principle prohibiting a plaintiff from obtaining compensation for their injuries if they are found to be even partially responsible for the incident. This concept is distinct from comparative negligence, which reduces the plaintiff’s recovery in proportion to their degree of fault. In contrast, contributory negligence can completely bar recovery if the plaintiff is found to be even slightly at fault.

In Maryland, one of the few jurisdictions that still follows the contributory negligence standard, this doctrine significantly impacts car accident victims. If a driver is involved in an accident and is deemed to have contributed to the event or their injuries in any way, they might be unable to recover damages. This rule applies even if the other party bears the majority of the blame for the accident.

Determining contributory negligence in a car accident lawsuit depends heavily on the case’s specific circumstances. Factors such as speed, compliance with traffic laws, use of seat belts, and the conduct of both parties leading up to the accident are thoroughly evaluated. For example, if a driver was driving at an excessive speed or not wearing a seatbelt at the time of the collision, these factors could be used as evidence of contributory negligence.

Although the doctrine of contributory negligence can be a significant obstacle, it is not insurmountable. One of the exceptions to this rule is the “last clear chance” doctrine, which allows a plaintiff who was partially responsible to recover damages if the defendant had the last clear chance to avoid the accident but failed to do so.

Our Olney, MD Car Accident Attorneys Are Here to Help

Call Rice, Murtha & Psoras at (410) 694-7291 for a free assessment of your case with our car accident lawyers.