Maryland Car Accident Lawyer

Maryland Car Accident Attorney

Car accidents can happen unexpectedly in many different ways, often leaving victims wondering who is responsible for their damages and how they can recover. If you or a family member is struggling with injuries and financial losses following a car accident, it is vital to know the value of having trustworthy legal counsel on your side. A Maryland car accident lawyer can assist you in recovering appropriate compensation for your losses.

Experienced Legal Counsel for Car Accident Claims

Morgan Whitlock and the team at Whitlock Law, LLC,  in Silver Spring, offer client-focused legal counsel to car accident victims throughout the state. If you have been injured in a car accident that someone else caused, your recovery may be more challenging than you initially expected, and you may also be entitled to more of a recovery than you might believe. The right attorney can help maximize the results of all the recovery efforts you attempt following a crash.

Your recovery will require establishing fault for your accident, proving the full extent of the damages the at-fault driver caused, and firmly establishing causation between the at-fault driver’s actions and your claimed losses. When you have a Maryland car accident attorney representing you, meeting the legal prerequisites for your recovery will be much easier, and you will be more likely to reach the results you hope to see.

All Accidents Are Unique, so We Individualize Our Strategies

Our firm develops individualized case strategies for every client, helping them to address their unique needs and concerns as their cases unfold. It’s important to remember that even if the fault for your recent accident seems entirely clear to you, there are countless issues that could unexpectedly arise and complicate your recovery efforts. With Whitlock Law, LLC, on your side, you will be ready to confront any such challenges with confidence.

If you tried to handle a car accident claim on your own without hiring legal counsel, you would be forced to contend with complex legal issues while struggling with recovery from your injuries. Insurance carriers often attempt to take advantage of claimants who have no legal representation, and even if you manage to succeed with your case, you could end up with far less of a recovery than an attorney could have obtained for you.

Our Experience Helps Us Overcome Your Challenges

Whitlock Law, LLC, has years of professional legal experience handling a wide range of vehicle accident claims for clients throughout the state. We know the various challenges you might encounter as you seek compensation for your damages and how to help overcome them efficiently. In every case we accept, our goal is to help our client recover as much compensation as possible in the shortest possible timeframe.

How to Prove Liability for a Car Accident

The fault rule applies for vehicle accidents in the state, so before you can recover compensation for your damages through an auto insurance claim and/or personal injury suit, you will need to prove exactly how your accident happened and identify the party or parties responsible for causing it. Additionally, you will need to prove that you bear no fault for causing the accident due to the state’s contributory negligence rule.

The evidence you may need to prove fault for your accident will depend on how the accident happened. A few of the most commonly reported causes of car accidents throughout the state each year include:

• Distracted driving. This is one of the most common examples of driver negligence seen throughout each year. Texting while driving is the most frequently cited form of distracted driving and is responsible for crashes throughout the state, but anything that distracts a driver’s attention away from safely operating their vehicle can potentially cause a serious crash.
• Exceeding the posted speed limit is inherently dangerous for any driver. Speeding can greatly increase the chance of an accident and the severity of the resulting damages. Excessive speeding can also lead to reckless driving charges, especially if the speeding driver causes an accident. Speeding is commonly cited as a leading cause of fatal accidents as well.
• Intoxicated driving. It is illegal for anyone to operate their vehicle under the influence of drugs or alcohol, but driving under the influence (DUI) consistently ranks as one of the most commonly prosecuted offenses in the state year after year. The driver who causes a drunk driving accident not only faces liability for the damages they cause to others but also criminal charges from the state.
• Mechanical failures. An accident might happen because of a mechanical defect with a vehicle or because of faulty vehicle maintenance. If a driver does not address a known issue with their vehicle in a timely manner, they can face liability for the resulting accident. However, fault could also fall on a mechanic who performed faulty maintenance or a manufacturer who sold a defective product.
• Moving violations. Every driver is required to abide by posted traffic signals and signs. Moving violations that disrupt the flow of traffic can easily cause serious accidents, such as running red lights or stop signs, performing illegal turns and U-turns, or failing to yield the right-of-way where appropriate. These actions can potentially cause accidents involving multiple victims when they occur in busy urban areas.

Our Experienced Team Knows Where to Look for Necessary Evidence to Prove Your Claim

These are just a few of the most commonly cited causes of motor vehicle accidents each year. Several types of evidence could prove crucial to your case, and an experienced Maryland car accident lawyer can help secure the evidence you need to prove fault. This could include traffic camera footage if any cameras were positioned near the accident scene, cell phone records, and testimony from witnesses who saw the accident happen.

Physical evidence from the scene of the crash could also prove valuable to your case. For example, photos of tire marks on the road surface could show how the other vehicle swerved into you, the damage to your vehicle can prove the point of impact, and photos of your injuries can help an insurance company and/or jury realize the severity of your injuries as soon as they occurred.

If you are able to do so immediately after the accident, call 911 to report the crash and then take photos of your injuries, the damage to your vehicle, and the surrounding scene of the crash while you wait for first responders to arrive. These photos could prove invaluable for an auto insurance claim or a personal injury suit if fault for the accident is called into question. After receiving medical care for your injuries, it’s vital to consult an attorney right away.

A Maryland car accident attorney can be an invaluable asset to your case in several ways. If your accident happened because of negligence, they would assist you in proving that the other driver’s negligence directly caused your claimed losses. You will need to prove that they breached their duty of care to drive responsibly in a manner that directly caused your damages and that your damages did not occur from any other cause.

Alternatively, if your accident happened because of intentional and illegal misconduct like drunk driving or reckless driving, your attorney could advise you as to how the criminal case against the at-fault driver from the state could influence your civil claim for damages. Ultimately, every car accident case is entirely unique, so it is crucial that you find an attorney who can provide focused, individualized legal counsel for your recovery efforts.

Filing Your Auto Insurance Claim

Personal auto insurance is mandatory for every driver in the state, and every driver must have insurance that meets minimum coverage requirements set by state law. A minimum-coverage auto insurance policy for an individual driver must include bodily injury liability coverage and property damage liability coverage. If they cause an accident, this insurance will pay for the resulting damages.

At a minimum, a policy must include $30,000 in bodily injury liability coverage per person injured in an accident, and this must expand to at least $60,000 in bodily injury liability coverage for all persons injured in a single accident. The policy must also provide at least $15,000 in property damage liability coverage. While not strictly required, drivers are also encouraged to purchase uninsured motorist coverage.

If you have uninsured motorist coverage on your policy and an uninsured driver causes an accident with you, this coverage option allows you to claim compensation from your own insurer without incurring penalties like increased premiums. Otherwise, you would have to proceed directly to filing a personal injury suit against whoever caused the accident.

When filing an auto insurance claim is a viable option for recovering from your recent accident in Maryland, it is always preferable to have an attorney’s assistance with the claim filing process. Auto insurance carriers are required by law to process claims for coverage in good faith, but they generally look for all the reasons they can possibly find to deny a claim or offer the lowest possible settlement.

Some insurance companies will go so far as to engage in bad faith, hoping a claimant will be desperate enough to accept whatever lowball settlement they offer in the face of their mounting financial stress after an accident. A car accident lawyer can streamline your claim filing process and help ensure you encounter no such mistreatment. Once you receive your settlement offer, your attorney can verify that it is fair and reasonable.

Building a Personal Injury Suit for a Car Accident

If the driver who caused your recent accident does not have insurance, or if their insurance will not pay for the full extent of your damages, you can pursue a personal injury claim to ensure the fullest possible recovery. In every personal injury case filed in the state, the plaintiff must prove liability for their damages, and they must prove a defendant is entirely liable for those damages. The plaintiff can accomplish this by effectively leveraging evidence and testimony.

When a personal injury occurs because of negligence, the plaintiff must prove that the defendant in their case held a duty of care that they breached in some way, and they must prove that this breach of duty directly caused the plaintiff’s stated losses. If a personal injury results from illegal misconduct, proving fault is generally more straightforward, but the plaintiff will still need to prove the full extent of the damages resulting from the defendant’s actions.

State law allows a personal injury plaintiff to seek repayment of all financial losses they suffered because of the defendant’s actions. These are called economic damages and are typically proven with appropriate documentation. Some of the most commonly cited economic damages in personal injury cases filed in response to motor vehicle accidents include:

• Property damage. The at-fault driver is liable for vehicle repair costs and any other property damage resulting from the accident. Some of these losses may be recovered through auto insurance, otherwise all claimable property damage can be cited as economic losses in the victim’s personal injury suit.
• Medical treatment costs. Car accidents are a leading cause of serious injuries in the state, and the defendant who caused your recent accident is liable for the cost of all the medical care you will need to fully recover. This includes medical expenses incurred immediately following your accident as well as those you are likely to incur in the future for any necessary ongoing care you need to reach maximum medical recovery.
• Lost wages. When your injuries prevent you from working, the party who caused your injuries is liable for the income you are unable to earn during your recovery. Your Maryland car accident lawyer can help accurately calculate these losses, including lost future earning capacity if your injuries are severe enough that you cannot return to work at all in the future.

The average car accident victim is likely able to assess their vehicle repair costs, hospital bills, and other immediately noticeable economic damages after an accident, but accurately calculating the long-term financial impact of the incident will be more challenging. The right attorney can ensure that you receive appropriate compensation for all your economic damages resulting from the accident, both immediate and future.

Calculating Pain and Suffering Compensation in Your Car Accident Case

Along with your economic damages, you can also seek compensation for your pain and suffering. However, the state caps the amount a plaintiff can receive in a civil claim. The jury reviewing the case is not told this cap, so it is possible for them to award an amount higher than the cap, but the cap is enforced by the court. As of 2024, the cap on pain and suffering compensation for most personal injury cases is $935,000.

It may sound difficult for you to assign monetary value to the physical pain, emotional distress, and psychological harm you experienced from your accident, but a good attorney knows how to maximize this aspect of your recovery. You will need to prove that the incident caused intangible damages. If you suffered severe physical injuries, this is relatively straightforward, but proving emotional distress is typically more difficult.

Punitive Damages in Car Accident Claims

If your car accident happened because of another driver’s illegal misconduct, it is possible for you to receive punitive damages alongside the other compensation secured from the defendant. Punitive damages are rarely awarded, and as the name suggests, they intend to punish the defendant’s behavior rather than compensate the victim’s loss.

There is no statutory cap on punitive damages in Maryland civil claims, and the amount of the plaintiff’s total claimed economic damages is typically used as a reference point for determining appropriate punitive damages. For example, a plaintiff could receive several times the total of their claimed economic losses in punitive damages at the discretion of the court. Your Maryland car accident lawyer can explain how punitive damages may factor into your case.

Resolving Your Car Accident Claim

An experienced Maryland car accident lawyer can not only help win your case but also streamline your recovery and reduce the amount of time it takes for you to recover your losses. Dealing with an insurance company will be much easier with legal representation on your side, and your attorney can help resolve a personal injury claim more quickly than you might expect.

The majority of personal injury claims filed end in settlement, a private alternative to litigation. There are potential benefits and possible drawbacks to both settlement and litigation, and your attorney can help determine which option would be more suitable in your situation. During settlement negotiations, the parties involved in the claim meet privately to determine mutually acceptable terms for resolving the case.

Settlement is only possible if the defendant accepts liability for the accident and both parties agree to negotiate. The plaintiff may be willing to settle for slightly less than they expected in exchange for the expediency offered by settlement. Conversely, a defendant may be willing to compensate the plaintiff more in lieu of paying far more in legal fees during litigation.

Ultimately, settlement may not be a viable option for resolving your case for several possible reasons. If this proves true for you, you will need to prepare for litigation. During your court case, a jury will review the evidence and arguments presented by each party involved and then issue their determination. Never assume that the court will see things your way; it is almost always preferable to seek a resolution to a car accident case through private settlement.

What to Expect From Your Maryland Car Accident Lawyer

Morgan Whitlock and the team at Whitlock Law, LLC, are ready to provide comprehensive legal support for every phase of your impending case. When you hire our team to represent you in the aftermath of a motor vehicle crash, you can expect responsive communication from our team, and we can immediately begin helping you gather the evidence you will need to prove liability for your damages as efficiently as possible.

Once you secure our firm’s representation, we can start gathering the evidence you will need to firmly assert liability for the accident. This could include traffic camera video footage, drivers’ cell phone data, vehicle computer records, physical evidence from the scene of the crash, and eyewitness testimony. A plaintiff should not attempt to secure witness statements on their own, as this could create a conflict of interest.

Your Maryland car accident lawyer can secure witness statements for you. Additionally, if your case involves any strange, complex, or highly technical details, they can arrange for expert witness testimony for you. Expert witnesses can provide invaluable professional insights in a car accident claim, helping a plaintiff more firmly establish liability and prove fault for their damages.

Whitlock Law, LLC, has the experience necessary to resolve the most challenging car accident cases. We know that you are likely to have lots of pressing legal questions in the aftermath of your accident, many of which you could be unable to answer on your own. When you have our firm representing you, you can rely on our team to provide the guidance you need during these proceedings.

Find Your Legal Team Today

Whitlock Law, LLC, accepts personal injury clients on a contingency fee basis, so there is no need for you to worry about the cost of hiring legal counsel overtaking the compensation you secure for your damages. Time is a critical concern for anyone in the aftermath of a serious car accident, and it is crucial for an injured victim to provide their attorney with as much time as possible to fluently resolve their claim.

When you secure our firm’s representation, we will do everything we can to help you understand the legal mechanisms in play in your case, the range of damages you can claim from the defendant who caused your accident, and any potential complications you might encounter throughout your proceedings. The more time we have to handle your case, the more effectively we can represent your interests as you seek accountability for your accident.

FAQs

Q: How Much Is a Car Accident Claim Worth?

A: The value of a car accident claim depends on your damages. If you prove another driver is directly responsible for causing your accident, they are liable for the entire extent of your resulting damages. You can claim compensation for vehicle repair costs, medical expenses, and income you cannot earn during your recovery, as well as pain and suffering compensation. Your Maryland car accident lawyer can provide an estimate of your case’s potential value.

Q: Is Maryland a Fault State for Car Accidents?

A: Yes, it is a fault state for car accidents. This means that you will need to prove fault for your recent accident before you can recover compensation through auto insurance or a personal injury claim. Proving fault for a car accident may require several types of evidence, along with testimony from witnesses who saw the accident happen. Your attorney will know what evidence you need to establish liability and recover compensation for your losses.

Q: What Is the Statute of Limitations on a Car Accident Claim?

A: The state’s statute of limitations on a car accident claim is three years, meaning you need to file your claim within three years of the date of the accident; otherwise, you lose your chance to claim compensation from the defendant who caused the accident. You have a much better chance of recovering your losses in a shorter timeframe if you connect with a Maryland car accident lawyer and start building your case immediately.

Q: What Is the Contributory Negligence Rule?

A: The contributory negligence rule in the state bars a plaintiff from claiming compensation from a defendant if the plaintiff shares any amount of fault for causing their claimed damages. If a plaintiff bears even slight fault for their accident, it entirely prevents them from claiming compensation from the defendant. If you are concerned that you share liability for your recent car accident, it is vital to discuss this with your attorney.

Q: How Much Are Attorneys’ Fees for a Maryland Car Accident Lawyer?

A: Attorneys’ fees for a Maryland car accident lawyer can vary based on the attorney’s individual billing policy. Whitlock Law, LLC, takes personal injury cases on a contingency fee basis, meaning you will not need to worry about upfront legal fees when you choose our firm to represent you. Our fee will be a percentage of the total amount recovered for you, but we only collect a fee if we win your case.

Morgan Whitlock can provide personalized, responsive, and results-driven legal representation for your impending car accident claim. These situations can be life-changing, and the average person is unlikely to achieve maximum compensation for their damages on their own after an accident. If you are ready to learn how an experienced Maryland car accident lawyer can assist with your recovery, contact us today to schedule a free initial consultation.