Can I Get a Settlement if I Was at Fault For a Car Accident?

 Posted on November 29, 2024 in Uncategorized

Seeking compensation for car accidents in Maryland can be an uphill battle. Due to the state’s strict contributory negligence law, any drivers involved in an accident could potentially be denied coverage even if it was mostly another person’s fault.

Given how devastating a car accident can be to your health and livelihood, it is imperative that you contest contributory negligence in a personal injury claim. An experienced Maryland personal injury lawyer can walk you through the steps of pursuing a settlement and help you try to avoid taking on any fault for an accident. Attorney Andrew Serafini has over 12 years of legal experience, and when you work with him, he will give your personal injury case his fullest attention.

What is Contributory Negligence?

Maryland is among the very few states that adhere to contributory negligence, a law that stops plaintiffs from recovering damages from a defendant if there was any element of shared fault. Notably, a plaintiff only has to be one percent responsible for contributory negligence to apply, even if the defendant shoulders the other 99 percent. As such, a personal injury claim needs to be absolutely airtight if you intend to collect compensation.

To give an example, if you were struck by a drunk driver going the wrong way in a head-on collision at night, you could be denied compensation if you did not have your headlights on. The law is very black-and-white in that respect; if one party cannot be absolutely blamed for an accident, then the fault lies with both parties.

Denying Fault in an Accident

Contesting a claim that you were partly at fault for an accident is difficult, but very possible. During an ongoing claim for damages, the other driver’s insurance company may reach out to you with questions. The insurance representative may be amicable and polite so as to make the inquiry seem casual, but depending on how you answer, you could jeopardize your claim. Be wary of any questions about what led up to the accident, as this could be used as evidence to deny you a settlement. As a rule, you should always have a personal injury lawyer present while discussing an accident with an insurance company.

Even if it is impossible to prove that the defendant is 100 percent at fault, plaintiffs in Maryland may still have legal recourse to pursue a settlement in a car accident. According to the state’s "last clear chance" doctrine, if the defendant had an opportunity to avoid the accident before the final moment, then the defendant could be held liable for damages.

Contact a Personal Injury Attorney in Hagerstown, MD Today

If you have been injured in a car crash in Maryland, it is important that you know how the state’s contributory negligence laws could be used against you. A Washington County, MD personal injury lawyer can help you navigate a claim for damages, advising you on how to respond and fiercely advocating for your entitlement to a fair settlement. When you work with Serafini Law, you only pay if we win. To schedule a free consultation, call the office today at 240-744-1600.