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Determining fault for car accidents in Maryland

On Behalf of | Jun 28, 2021 | Motor Vehicle Accidents |

Car accidents can be costly in every sense of the word. Regardless of the severity of the car accident, one pressing concern is establishing fault and determining who’s going to pay for the damage that’s been done.

Some states have a no-fault rule where motor vehicle crashes are deemed accidents, so no one can be held solely responsible. Maryland is not a no-fault state, meaning that whichever driver is determined to have caused the accident will use their liability insurance to pay for the other car’s medical and vehicle expenses.

How is fault determined in Maryland?

There are many things that can contribute to one driver being at fault versus another. When police officers are called to the scene, they’ll ask both drivers questions about what lead to the accident. Some of the questions they might ask include:

  • Were you or the other driver on your phones?
  • Were you or the other driver going the designated speed limit?
  • Were all traffic laws obeyed leading up to the time of the accident?
  • Was your car working correctly?

There will also be vehicle inspections to determine if a malfunction contributed to the car accident. Running a traffic light or stop sign, going above the speed limit, or texting and driving are things that will put a driver at fault.

What if both drivers are at fault?

With some car accidents, a court of law might say both drivers were equally at fault. For example, if Driver A was speeding but Driver B was texting and driving, the court might rule that both drivers were at fault regardless of which driver hit the other. In this case, a driver may need legal help to assist in pursuing compensation for damage. If you have questions about establishing fault in Maryland, reach out to an attorney.