The Maryland Department of Transportation reported that almost 600 people were killed in car accidents throughout the state in 2021 while several thousand more were injured. Understanding Maryland car accident laws goes hand-in-hand with being a safe and responsible driver. There are numerous car accident regulations and rules that drivers need to know in order to ensure that their rights are protected if they are ever injured in a car crash.
No two vehicle accidents are exactly alike. Every car accident case can benefit from the guidance of an experienced Maryland car accident attorney when it comes to getting the maximum settlement.
At Local Accident Reports, our nationwide car accident attorneys understand how upsetting and distressing a car accident can be. Our purpose is to provide advice and support to our clients and make sure that their right to financial recovery is protected. Call us to learn more about what we can do for you after a serious Maryland car accident.
Maryland Car Accident Statute of Limitations
The statute of limitations is a deadline established by the state for filing a claim for compensation. In Maryland, claimants have three years from the day their accident occurred to bring a claim for damages against the negligent party. This can be done by either filing a personal injury lawsuit before the statute of limitations expires or settling the case. Failure to bring a lawsuit before the deadline lapses will result in your case being thrown out and you being time-barred from collecting financial compensation.
There are, as always, some exceptions to this three-year rule. First off, a wrongful death claim is beholden to the same three-year deadline. The clock, however, begins ticking on the day of the victim’s passing, not the day of the accident.
Next, there is also an exception to the statute in cases that involve victims who are under the age of majority. If a victim is 17 years old or younger at the time of the incident, they have until their 21st birthday to file a claim for damages with the court.
Lastly, if a crash leaves a victim mentally incapacitated, the clock does not begin to run after they have been declared legally competent again.
Is Maryland a No-Fault State?
No, it is not. When it comes to motor vehicle accidents, Maryland is an at-fault state. This means that drivers are able to sue one another for financial compensation after an accident. There are, however, some insurance benefits not dependant on fault that give drivers additional recovery options after a serious Maryland car accident.
For instance, Maryland auto insurance companies are required to offer Personal Injury Protection coverage. Maryland drivers have the option of including this as part of their total auto insurance policy. Personal Injury Protection is a no-fault benefit to be reimbursed for their medical bills along with a portion of their lost earnings after a car accident.
The primary benefit of PIP coverage is that drivers are not required to prove fault in order to collect compensation, which means that PIP benefits tend to be paid out quite quickly.
Contrariwise, drivers who choose to file a personal injury claim are required to provide ample and compelling evidence of another party’s fault before any compensation will be awarded. If you have PIP coverage, you can be assured that financial coverage for some of your crash-related expenses will be promptly taken care of while other claims are still pending. It is important to keep in mind that these benefits are time-sensitive. In Maryland, a PIP application must be filed with your auto insurance company no later than one year from the day of your car accident.
Maryland Negligence Laws
Proving which driver was at fault for an accident is crucial when it comes to receiving financial compensation after a motor vehicle accident. Maryland is one of only four states that adheres to the strict doctrine of pure contributory negligence.
Pure contributory negligence places strenuous restrictions on fault. If a driver is determined to be just 1% at fault for the accident that caused their injuries, they will not be eligible to recover any financial compensation at all, no matter how severe their damages were. Since the doctrine is so limiting, it is essential to work with a skilled car accident attorney who can build a compelling claim that places fault squarely on the shoulders of the responsible party or parties.
Who Can File a Maryland Car Accident Claim?
Anyone who is able to prove that another driver behaved recklessly, maliciously, or negligently, whether by driving distracted, fatigued, under the influence, or for any similar reason could be entitled to recover financial compensation after being seriously injured in a Maryland car accident.
If you suspect that your car accident-related injuries were the result of another person’s negligence, we urge you to speak with a Maryland car accident lawyer as soon as possible. Even if you feel you could be partially at fault for the collision, it is always wise to talk to a reputable personal injury attorney and have them review your potential claim rather than blindly go up against the insurance company on their home field.
Your lawyer can examine the facts of your accident and advise you as to whether or not you are eligible to pursue financial compensation. If you are able to do so, a Maryland car accident lawyer from Local Accident Reports can explain your legal options to you in a free, no-obligation consultation. You have nothing to lose by contacting us and scheduling a case review today.
Maryland Car Insurance Minimums
Just like other states, Maryland has a minimum amount of auto insurance that all drivers are required to carry. In Maryland, those minimums are:
- $30,000 in wrongful death or bodily injury coverage per person per accident (if the driver was at fault)
- $60,000 in total wrongful death or bodily injury coverage per accident (if the driver was at fault)
- $15,000 in property damage coverage per accident
Remember, these are simply the minimum insurance requirements. Most motor vehicle accident injuries, particularly serious injuries, will amass medical bills that properly exceed these minimum thresholds. Due to this, it is a good idea to purchase as much insurance coverage as you can reasonably afford in order to protect yourself in the event of an accident.
Is a Police Report Required After a Car Accident?
Not every Maryland car accident requires a police report to be filed. If the crash results in only property damage, drivers are simply expected to move their vehicle out of traffic, provided that it is safe to do so, and exchange contact and insurance details with the other person or people involved. Maryland has a simple form that drivers are able to fill out that documents the accident without police involvement in cases where no one was injured.
There are some scenarios, however, in which law enforcement officers are required to be notified of and investigate an accident. These circumstances include:
- Accidents involving injuries or death
- Accidents where an unattended property or an unattended vehicle was struck and the driver is unable to locate the owner
- One or more of the involved vehicles cannot be moved safely
- One of the involved drivers is under the influence of drugs or alcohol
- Hit-and-run accidents
- A driver involved in the crash is unable to or is refusing to exchange information
- A domestic animal was struck
Even in situations when notifying the police is not required, Maryland driving laws still impose specific conditions. Drivers must pull over at the scene and give their:
- Name
- Address
- The name and address of the vehicle’s owner if the owner is not the person driving
- Their insurance company and insurance policy number
- If available, their local insurance agent’s name, address, and phone number
Maryland provides a Collision Information Exchange Form that those involved in the crash can fill out at the scene in order to make sure that all relevant details are included. The Maryland Motor Vehicle Administration suggests printing out a handful of copies and storing them safely in your vehicle in case an accident takes place.
How Local Accident Reports Can Help
Maryland car accident claims can be difficult to deal with, but if you have strong legal representation, you can see a positive resolution to your injury claim. A few of the things that an experienced Maryland car accident lawyer from Local Accident Reports can do for you are:
- Thoroughly investigate your accident and accurately determine liability: You might be convinced that you share liability for your accident, but people are often wrong about this aspect of their case. We can conduct our own independent investigation and gather relevant evidence that clearly identifies the person or persons responsible for your car accident.
- Handle all paperwork and communications: Following a car accident, there are numerous forms that have to be filled out and deadlines that must be met if you want your Maryland car accident claim to be successful. Our lawyers will handle all of the legal legwork as well as all communications with the insurance company on your behalf, leaving you free to focus on your recovery.
- Fight for maximum compensation: According to Maryland law, you could be entitled to a wide variety of damages for your injuries and losses. These typically include your medical bills, lost earnings, the repair or replacement of any personal property, diminished earning capacity, pain and suffering, emotional trauma, and others. You can count on us to aggressively pursue every cent to which you are entitled.
Speak With a Maryland Car Accident Attorney
If you were hurt in a Maryland car accident through no fault of your own, you are likely eligible to receive financial compensation for your medical expenses, lost wages, and more. The Maryland car accident attorneys at Local Accident Reports know what it takes to achieve a positive resolution to your car accident case. Call us today to schedule your free consultation.
