Rear-end collisions are some of the most common car accidents in Maryland every year. If you have never been rear-ended, you likely know at least two people who have been. But what you may not know is what to do afterwards. Can you sue someone for rear-ending you? How does that work? and what can you expect to gain from your lawsuit?
In almost all situations, the driver of the rear car in a rear-end collision is at fault for the accident. Therefore, you likely can sue to recover for damages you sustained as a result of the collision. Damages may include compensation for your injuries as well as the damage to your vehicle. There are situations in which you may lose your lawsuit if you are found to share some fault for the accident under Maryland’s contributory negligence rule. You have three years from the date of the accident to file your lawsuit.
Lawsuits for rear-end car accidents can get complicated quickly. You should have the assistance of an experienced Baltimore rear-end car accident lawyer if you are serious about your recovery. Rice, Murtha & Psoras can help guide you toward the compensation that you deserve. Call (410) 694-7291 for a free consultation on your case.
Suing After Being Rear-Ended in Maryland
If you were rear-ended in Maryland, we have good news for you. the law is almost certainly on your side. In the vast majority of accidents where one car collided with the back of another car, the driver of the car in the rear is the one at fault. When a driver’s negligence causes an accident that injures another person, the driver is liable for the consequences to the victim. If you were rear-ended in Maryland, contact our seasoned Harford County rear-end car accident lawyers to learn what you may stand to gain by pursuing your case in court.
Contributory Negligence Rule in Maryland
The State of Maryland is one of only four states that currently employ a contributory negligence rule. Contributory negligence is a legal theory that denies compensation for any plaintiff who is shown to be at least partially responsible for the accident that caused their injuries. This is in contrast to the more popular comparative negligence theory, which still allows partially negligent plaintiffs to recover but at a proportionally reduced rate.
Rear-end accidents are typically very cut and dry as far as assigning fault. In almost every case, the driver in the rear is found to be at fault. But with contributory negligence, a driver who is rear-ended may face scrutiny over any part they may have played in the accident.
For instance, if Driver B rear-ends Driver A, Driver A could sue Driver B. However, Driver B could argue that Driver A contributed to the accident by failing to use their turn signal to indicate that they were slowing down to make a turn.
If the court finds that Driver A’s lack of a turn signal did indeed contribute to the accident, Driver A would be blocked from suing under Maryland’s contributory negligence rule.
If you are concerned about how the circumstances and your actions leading up to the rear-end accident may impact your ability to recover damages in a lawsuit, speak to one of our experienced Maryland car accident attorneys today.
Damages for Rear-End Collisions in Maryland
If you are successful in your lawsuit after being rear-ended in Maryland, the court will award you compensation in line with the harms that you have suffered. This compensation is referred to as “damages,” and is calculated creatively to account for all of the ways in which the accident and resulting injuries may affect you.
Damages will include a calculation of the expenses that you have incurred as a result of your injuries. Medical expenses like surgical procedures, X-rays and testing, specialist appointments, physical therapy, prescriptions, and more should be covered under damages. If your injuries prevent you from performing the functions of your job, damages may include a calculation of lost wages during the time spent on recovering from your injuries. Be sure to seek medical attention immediately after your accident to determine and document the full extent of your injuries.
Damages will also cover the cost of repairs for your vehicle. For an estimate on this amount, take your car to an auto body shop for assessment. Don’t be afraid to get a second opinion if you don’t like the first one. But be sure to record all of the invoices and estimates that you receive, as they will be important while pursuing your case.
There are some consequences of a rear-end collision and subsequent injuries that cannot so easily be added up. Pain and suffering that accompanies chronic discomfort or limited mobility after a car accident will be factored into the damage calculation.
Head and neck injuries are extremely common occurrences in rear-end car accidents. Not only are these very sensitive areas, but they are also critical to many aspects of daily life and bodily function. If you sustain trauma to the head or neck, you deserve substantial compensation to help you find comfort while you recuperate. Call our dedicated Ocean City car accident lawyers to find out what you might be owed for your injuries today.
We Can Help You Sue If Someone Rear-Ended You in Maryland
No matter how severe your injuries are, you deserve the assistance of the respected Maryland rear-end car accident attorneys at Rice, Murtha & Psoras. You can reach us by calling (410) 694-7291 for a free case consultation.