The Law Offices of Randolph Rice’s car accident lawyers represent injury victims and their families in lawsuits to recover compensation for their injuries, lost wages, and pain and suffering. If you or a loved one was injured in a car crash in the Waldorf, MD area, our attorneys might be able to help.
Contact our law offices today to schedule a free legal consultation on your car accident claim and learn more about what your case might be worth. Some injury cases can yield higher compensation when filed through court than when filed through an insurance claim. Call our law offices to schedule your free legal consultation today. Our number is (410) 694-7291.
Suing for Car Accident Injuries in Maryland
If you were injured in a car crash, you may be able to file a lawsuit to recover damages. While many people think that they may need to file a claim with their insurance company instead, the option of filing a lawsuit is typically available any time you face serious injuries.
When you file a lawsuit with the courts in Maryland, the first step will be to present the basic facts and arguments about why the other driver is at fault in a document known as a complaint. You will then need to serve the defendant with this document and notice of the case, and they are given a chance to file a response. They will typically argue that they did not cause your injuries or that you were actually responsible for the crash, and the judge will need to decide if the case can move forward.
After the case moves forward, you and your opponent will have the opportunity to see each other’s evidence and interview the drivers and witnesses to the accident, potentially including doctors who treated your injuries and police who responded to the crash. You can also collect evidence at this time, such as medical records, photos, and other evidence that will help demonstrate your injuries and show that the other driver was responsible.
If the case proceeds without settling, the judge can schedule a trial. In many trials, you will appear before a jury, and your attorney will present your case to the court. For the jury to be able to rule in your favor, you must prove to them that the other driver caused your injuries through negligence (proving intentional acts is not typically necessary). To do this, you will show that the driver owed you a duty, the driver breached that duty, the breach caused the accident, and you suffered damages the court can compensate you for.
The jury ultimately decides whether they believe your case and how much your claim is worth. You do not need to prove your case beyond a reasonable doubt like in a criminal case. Instead, you need to prove it “by a preponderance of the evidence,” which essentially means that you must prove it was more likely than not that your claim is true. The jury should use your valuation of the damages when analyzing the case, but they may modify the amount up or down to what they believe is fair.
Proving Fault in a Car Crash Case
Proving the other driver’s fault is at the core of most car accident claims. As mentioned, you must prove that the other driver breached a duty that they owed you to prove that they were negligent in causing the crash. This duty is typically defined either by law or by analyzing how a reasonable driver should have acted in that situation.
Most duties behind the wheel come down to following the law. Traffic laws are designed to keep other people safe, and violating a traffic law is often seen as a breach of duty that can lead to liability for a car crash. For instance, drivers who caused a crash while speeding, driving under the influence, running a red light, or otherwise breaking the law can often be held accountable for the injuries they case.
Your testimony may be one of the best pieces of evidence that you have in your case. If you did not have other witnesses in your car, there were no traffic cameras, and no outside witnesses saw the crash, you may still testify to what you saw and how the crash happened. However, the other driver will typically also testify, which may make your case a battle of who is more believable.
Fortunately, other evidence can help avoid this in most cases. Pictures of the damage to the vehicles can help show a jury where the cars were damaged, which can help them piece together how the crash happened. This kind of evidence may be vital to proving where the cars were located and who hit whom. Expert witnesses may also be available to reconstruct the accident based on skid marks, damage, and other factors. Your attorney will help build your case and work to make it presentable to a jury.
In the end, deciding who was at fault in the crash is up to the jury. Because of this, it is vital to work with an experienced car accident lawyer who can present your case, help you gather evidence, and argue that you were the victim and deserve compensation for your injuries.
Waldorf, MD Car Accident Injury Lawyer Offering Free Consultations
After a car accident, you may face medical bills, lost wages, and severe pain and suffering that makes it hard to move along with your life. You do not deserve to have to pay these bills on your own, and you may be entitled to substantial financial compensation from the driver who hit you. Call our Waldorf car accident lawyers at the Law Offices of Randolph Rice today to schedule a free legal consultation and learn more about fighting your case in court. For your free legal consultation, call (410) 694-7291 today.