Waldorf Car Accident Lawyer – Serving Charles County & Maryland
In very general ways, car accident injury cases are similar to lawsuits involving any other type of injury. However, there are some specifics about car accident cases that make them different, says a Waldorf car accident lawyer.
Legal Theory for Bringing a Lawsuit Based on a Car Accident
In all personal injury lawsuits based on negligence, the basic requirement to be able to recover in court is to be able to prove the following things:
- Duty: The defendant must have had a duty to be careful.
- Breach: The defendant must have breached the duty to be careful.
- Causation: The defendant’s breach of duty must have caused the accident.
- Damages: The accident must have resulted in injury to the plaintiff.
In a lawsuit based on a car accident the key element is usually causation. The important part is to be able to prove that the defendant caused the accident by driving carelessly.
Three Typical Defenses in Car Accident Lawsuits
1. It was your fault (or partially your fault)
The most common defense to a car accident lawsuit is to argue about who caused it.
The law in Maryland says that you cannot recover damages if you contributed to causing the accident. This is called “contributory negligence” and it is both a rare and harsh law.
It is rare because Maryland is one of only four states with this type of law. Most states have “comparative negligence” laws. It is harsh because it means that even if you were only slightly responsible for the accident, you cannot recover for your damages.
Therefore, to be able to win an auto accident case you must be able to prove that the other driver caused the accident and that you did nothing to contribute to it.
2. It was someone else’s fault
Another possible defense is to blame someone else, such as the car manufacturer for a defect in the car, the governmental entity in charge of the road for a dangerous road condition, or a third driver.
3. You weren’t really injured
A third type of defense to a car accident lawsuit is to say that you are exaggerating your injuries, or that you were already injured by something else so that the car accident didn’t cause the injury.
Get a Charles County Car Accident Lawyer to Help With Your Lawsuit
If you have been injured in a car accident, get an experienced Waldorf car accident lawyer to evaluate whether you are likely to be able to establish a lawsuit against the person who caused the accident. Complete the Free Case Evaluation form on this page, or simply call or email us directly and we will meet with you to discuss your legal options.