An average of 295 accidents occur every day in Maryland. When looking at the total number of vehicles crashes from 2017 to 2021, we see that an average in 5 years is:
Total of all fatalities
Total number of injured
Intoxicated drivers caused 6,632 accidents in 5 years period. Aggressive driving caused 3,840 accidents, where around 44 resulted in death. Another cause of car accidents is distracted driving, with a total number of 24,345 injured and 209 dead.
Let’s dive deeper into Maryland car accident laws. Read this ultimate guide prepared by one of the best Maryland car accident attorneys at Dubo Law LLC. If there is still something that is specific to your case and maybe not covered by this article, please contact us for a free case consultation at (443) 275-6345.
The statute of limitations is a time set by law for filing a lawsuit for compensating damages from an accident. According to the state of Maryland a person has 3 years from the date of the accident to file a claim against the at-fault party.
This is the most important deadline and failing to meet it can bar you from asking for compensation ever again. Many attorneys reject taking cases if there is only a little time left to file a claim. Another problem can be the evidence you have to collect right after the accident since witnesses forget about the event and reports are lost or simply thrown away.
Statute of Limitations
Economic and Non-economic Damages
Cap on Damages
Is Maryland At-Fault or No-Fault State?
Uninsured and Underinsured Drivers
Penalties for Driving Without Insurance
Government Accident Cases
Does Maryland Require Car Accident Police Reports?
Elements For Filing a Lawsuit
Do You Need a Lawyer in Case of Car Collision in Maryland?
There are three exceptions to this law. For wrongful death claims, the limit is still three years but from the date of death and not the date of the crash. Minors have time until their 21st birthday to file a lawsuit. Lastly, if a person was mentally incomprehensible at the time of the crash, the time starts from the day person is mentally capable again.
The main issue of car accidents is determining whose fault is it. Maryland applies a harsh law called contributory negligence which states that even if being 1% responsible for the crash, you won’t be entitled to recover any compensation.
For example, if you are watching videos or taking photos while driving and you get into an accident with a driver who was speeding, it is difficult to determine who is to blame since you share the fault.
Maryland is one of the four states that follow this rule and remember that they can change depending on the state where the accident occurred. If you are involved in an accident in another state, their rule will apply. It is important to understand that the contributory negligence rule not only ties up judges and juries when deciding but also binds car insurance companies to evaluate the case accordingly.
Traffic code is named Title 21 of the article on Transportation, and it sets the rules of the roads of Maryland state. If you want to prove the negligence of the other driver, these rules can be used as evidence to present that the other driver violated one of them. If you decide to use traffic code as proof, it can lead the judge to decide that the other party was negligent per se, which can result in pleasing outcome.
Economic damages concern those involving financial costs. They can include:
Non-economic damages refer to those losses that don’t have any monetary value. It can be hard to determine their true cost. They involve:
Caps on damages refer to statutory laws passed by state which sets limit on the amount of monetary compensation someone can receive due to medical malpractice or other tort cases.
In Maryland, caps on damage only concern pain and suffering damages. Doctors, hospitals, and insurance companies for the reformation of damages caps to limit the cost in tort litigations. This is how they prevented victims from getting the proper and full compensation they deserve. There is an issue of fairness because the plaintiff with brain damage received the same compensation as someone who just had a minor injury.
|Cause of Action Arising||Maximum Noneconomic Damages|
|January 1, 2021, to December 31, 2021||$845,000|
|January 1, 2022, to December 31, 2022||$860,000|
|January 1, 2023, to December 31, 2023||$875,000|
|January 1, 2024, to December 31, 2024||$890,000|
|January 1, 2025, to December 31, 2025||$905,000|
When it comes to vehicle accidents, Maryland is at-fault state which means drivers can sue one another for compensation after the collision. Aside from contributory negligence, there are some additional options to recover for losses.
Insurance company statistics claim that drivers make a claim for a car accident every 18 years. The worst thing that can happen to any driver is being involved in an accident with an uninsured or underinsured driver.
Maryland law states that every driver must own a minimum of $30,000 per person, $60,000 per accident and $15,000 per property damage.
One out of seven drivers decide however to drive uninsured. Uninsured and underinsured coverage is set to protect car crash victims from those who have small or no insurance. The difference between these two is:
The deadline for claims concerning UIM and UM coverages can be filed three years after the policyholder found out about the claim against an insurance company.
Drivers who decide not to purchase insurance can lose driving privileges and face fines. Motor Vehicle Administration imposed following penalties:
Not all car accidents involve two private car owners, but some concern trash trucks, police cars, snowplows, state highway vehicles, and city work vans. This means your claim case will be against the local, state, or federal government. Government cases may be a bit complicated since some laws don’t apply in the same way.
Maryland Local Government Tort Claim says that a lawsuit against local government or its employees cannot be filed if victims fail to meet one-year deadline. The person who files the claim must provide evidence such as time, date, place, and cause of the injury.
One year can be very little time for gathering evidence, filing a claim, and litigating for compensation. Lawmakers claim that this law was passed to provide time to get insight into the case, but it for sure limits the claim. The notice requirement must be completed before a lawsuit is filed against the public figure.
You must be careful about who is concerned to be part of government entity according to Maryland Local Government Tort Claims Act. For example, employees of community college or library are considered local government and are covered by the act.
Maryland law doesn’t require drivers or police officers to write a report after an accident. For property damage drivers are only required to move their vehicle off the road because of traffic safety and exchange insurance information.
Basically, the police don’t even have to be involved since drivers only fill some easy form. Of course, the outcome, seriousness, and cause of some accidents can be life-threatening and strictly against the law. These situations include:
There are five elements required to be fulfilled if we want to file a claim for car accident in Maryland:
Legally, you are not obliged to hire an attorney after being involved in an accident. But it is recommended that you speak to one. By hiring a legal representative, you will secure getting maximum compensation since Maryland state has very strict law requirements to prove liability.
The goal of many insurance companies is to either dismiss or deny compensation by using various strategies to prove your negligence. A professional and good car accident lawyer can:
Neil Dubovsky graduated with Honors and magna cum laude from the University of Baltimore School of Law in 2002. He received the prestigious Faculty Award, which was awarded to the student who best “exhibited unusual qualities of scholarship, leadership, and service.” Neil also received an AV Preeminent rating from Martindale Hubbell – the highest rating possible. He is rated as one of the Top 100 Civil Trial Lawyers in Maryland by the National Trial Lawyers Association and selected to the 2022 Maryland Super Lawyers list. Neil is a husband and father of two beautiful girls.
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