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Car accidents are a daily reality across Maryland, from heavy traffic on I-95 and the Capital Beltway to smaller roads in local communities. After a collision, victims often face painful injuries, unexpected expenses, and uncertainty about what comes next. This guide breaks down Maryland’s car accident laws, explaining how fault works, what deadlines apply, and when you may still recover compensation even if you share some responsibility.
Who Is at Fault in a Maryland Car Accident?
Maryland is a fault-based state, which means the driver who causes the accident is responsible for covering damages. Victims can pursue compensation through:
- The at-fault driver’s insurance company
- A personal injury lawsuit
- Their own insurance, if they have applicable coverage.
Determining fault involves reviewing police reports, witness statements, physical evidence, and, in some cases, accident reconstruction. Because insurers have a financial incentive to deny or minimize claims, disputes over fault are common.
Maryland’s Contributory Negligence Rule
One of the most important laws to understand is Maryland’s contributory negligence rule. Under this standard, if you are found even 1% at fault for the crash, you may be barred from recovering compensation.
This strict rule sets Maryland apart from most other states that use comparative negligence systems. For example, if you were speeding slightly when another driver ran a red light and hit you, an insurer might argue that your speeding contributed to the accident. Even a small finding of fault could prevent you from recovering damages.
As a result, evidence and legal advocacy play a crucial role in protecting a victim’s right to compensation.
Insurance Requirements in Maryland
Maryland law requires all drivers to carry minimum levels of auto insurance:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $15,000 for property damage.
Drivers must also carry uninsured/underinsured motorist (UM/UIM) coverage, which protects you if you’re hit by a driver who has little or no insurance.
Even though insurance is mandatory, many drivers in Maryland are underinsured. This makes UM/UIM coverage an essential safeguard for accident victims.
What Damages Can You Recover After a Car Accident?
If you are injured in a car crash caused by another driver’s negligence, you may be able to recover compensation for:
- Medical expenses (present and future)
- Lost income
- Loss of earning capacity
- Pain and suffering
- Permanent disability/disfigurement.
The value of your claim depends on the severity of your injuries, the strength of your evidence, and the at-fault driver’s insurance coverage.
Deadlines for Filing a Car Accident Claim
Maryland law sets strict time limits for filing lawsuits. Generally, you have:
- 3 years from the date of the accident to file a personal injury claim
- 3 years to file a property damage claim.
If the claim involves a government vehicle or roadway, special notice requirements may apply, often within one year of the accident. Missing these deadlines can permanently bar you from pursuing compensation.
Steps to Take After a Car Accident
Taking the proper steps immediately after a crash can strengthen your claim and protect your rights:
- Call 911 and report the accident to law enforcement.
- Seek medical care even if injuries seem minor. Delayed symptoms are common.
- Exchange information with all drivers involved.
- Gather evidence by taking photos and collecting witness contact details.
- Notify your insurance company promptly, but be careful with your statements.
- Consult a lawyer before agreeing to a settlement or providing a recorded statement.
How Maryland Car Accident Lawyers Help
Car accident cases often hinge on complex issues of fault, insurance coverage, and damages. Insurers are aware that the strict contributory negligence law can work in their favor, and they may use it to deny valid claims.
At McGowan & Cecil, we represent car accident victims throughout Maryland and know how to challenge contributory negligence arguments to protect our clients’ rights. Our team thoroughly investigates accidents, preserves critical evidence, and negotiates directly with insurers to pursue fair compensation. When necessary, we’re prepared to take cases to trial.
Frequently Asked Questions About Maryland Car Accident Laws
How long do I have to file a car accident claim in Maryland?
Generally, you have three years from the date of the accident to file a personal injury or property damage claim. If a government vehicle or agency is involved, you may have as little as one year to provide notice, so acting quickly is essential.
Can I recover damages if I was partly at fault for a Maryland car accident?
Maryland follows a contributory negligence rule, which is one of the strictest in the country. If you are found even 1% at fault for the crash, you may be barred from recovering compensation.
What damages can I recover after a Maryland car accident?
Depending on your case, you may be able to recover medical expenses, lost wages, pain and suffering, property damage, and future care costs. The amount depends on the severity of your injuries and the circumstances of the accident.
Laurel, MD Car Accident Attorneys
Maryland’s car accident laws are stricter than those in most other states, especially with the contributory negligence rule. Taking the proper steps and getting legal guidance early can make all the difference in protecting your rights.
At McGowan & Cecil, we have extensive experience handling car accident claims in Maryland and are well-prepared to fight for the compensation you deserve. Contact us today for a complimentary consultation to discover how we can assist you following a serious crash.