After a car accident, you have the option of filing a personal injury lawsuit against the other driver. To be successful and claim damages to cover your expenses, you must prove that the other driver was at fault or liable for the accident. Unlike a criminal trial, a defendant is not judged based on their guilt or innocence in wrongdoing. Instead, they are judged on whether they are “liable” for the plaintiff’s injuries and damages. Determining liability requires evidence and a decision from a judge or jury.
Liability is determined by either a judge or a jury if your case makes it to a courtroom. However, most personal injury cases for car accidents seek to collect damages from insurance companies.
Insurance companies may conduct their own investigations and determine who is or is not liable. it can sometimes be easier to prove liability in court rather than convincing the insurance company of liability. If the defendant is indeed liable, that means the insurance company must pay up. Our attorneys can help you decide the best path to prove liability in your case.
If you were injured in a car accident and want to seek damages from the other driver, call our Maryland car accident lawyers. Our team will help you gather the evidence and witnesses necessary to prove the defendant is liable for your damages and injuries. Call Rice, Murtha & Psoras at (410) 694-7291 to discuss your case in a free, private legal consultation.
Who Decides Who is Liable for a Car Accident in Maryland?
When it comes to insurance, states are either “fault” or “no-fault” states. In a no-fault state, drivers are required to seek coverage from their own insurance providers no matter who might be to blame for the accident. Only if your damages exceed this coverage can you file a third-party claim against the other driver. In fault states, insurance companies will investigate the crash and make payments based on whoever is at fault for the accident. In this way, your insurance companies determine fault. If the case proceeds to a lawsuit instead of an insurance claim, the court will determine fault instead.
Insurance companies, much like a court of law, will require proof of the accident and fault before making a decision. This could include accident reports from the police, information regarding physical injuries or damage to vehicles, and statements or affidavits from the parties and witnesses. However, insurance companies do not make these decisions in formal hearings where strict rules and regulations are followed. You might not even be present when the insurance companies make these decisions. Insurance companies are also not impartial, and their decisions may be colored by the fact that they do not want to pay any money to the injured driver.
Courts determine liability in a similar manner to insurance companies but in a formal setting under strict procedural rules. A court will also consider evidence, including police records of the accident, medical records, and damage to vehicles. However, in a courtroom, either a judge or jury decides liability. They must also be impartial and have no stake in the outcome to ensure the fairest verdict possible. For help with your lawsuit, call our Maryland car accident attorneys.
Evidence of Liability in a Maryland Car Accident
Liability is often difficult to prove. Car accidents usually happen so quickly that the drivers involved could not tell exactly how they happened. In many cases, the experience is so traumatic that drivers block out any memory of the incident. In such cases, we must rely on evidence to prove liability.
Evidence can include anything that tends to show the defendant is liable for your injuries and damages. For example, if the other driver was issued a traffic citation by the police after the accident, we may be able to use that citation as evidence of liability. If the other driver slammed into your car because they ignored a red light, a citation from the police for failing to stop at the light could help your case.
It may also be necessary to find witnesses who can testify about what they saw. Witnesses could include passengers in your vehicle or people passing by on the street. We could also use footage from security cameras if any were nearby. They tend to be more common in commercial areas, but many private homes and vehicles are equipped with cameras nowadays.
The evidence necessary to prove liability will vary from case to case. it is crucial that you speak with our Baltimore car accident lawyers so we can figure out what we need to prove the defendant is liable for your injuries.
Burden of Proof for Liability in a Maryland Car Accident
In a court, we must prove liability by meeting a specific burden of proof. For personal injury cases and most other civil torts, that burden of proof is a preponderance of the evidence. This is a much less rigorous standard than criminal trials, which must be proven beyond a reasonable doubt. In your car accident case, we must simply prove it is more likely than not that the defendant is liable.
The way insurance companies make decisions, on the other hand, may be less standardized and more unpredictable. There is no official burden of proof when an insurance company decides liability. However, getting an insurance company to decide a defendant is liable may be more difficult because the insurance company is not an impartial decision-maker.
In any case, you need an experienced attorney to help you prove that the defendant in your case is liable for your accident. Our Aberdeen car accident lawyers have experience dealing with court proceedings and insurance companies. We can help you get compensation to cover your damages.
Call Our Maryland Car Accident Lawyers
Our Annapolis car accident attorneys will stand by your side. Schedule a free legal consultation with our team at Rice, Murtha & Psoras. Call (410) 694-7291 to get help now.