In Maryland, following a car accident, you may sustain serious injuries. This may lead you to pursue legal action against a negligent party to recover monetary compensation for your damages. However, for the most part, before you are awarded any financial compensation for your damages, you must fulfill the burden of proof and establish the negligent party’s liability. As you will have an opportunity to prove the negligent party’s fault, the negligent party will have an opportunity to defend themselves. Continue reading to learn about the potential defenses defendants may use in a car accident case and how a seasoned St. Mary’s County Car Accident Lawyer can help you.
What are the most common defenses used in car accident cases in Maryland?
In most cases, the negligent party will dispute that they were responsible for the collision. In Maryland, if you are found even just 1% at fault for the accident, you will be barred from recovering any financial compensation for your damages. Maryland is a contributory negligence state. Essentially, this means that if you are in any way at fault for the accident that caused your injuries, you cannot recover compensation because you contributed to the collision. Victims must prove that the negligent party was 100% at fault to be awarded monetary compensation for their damages. Regardless of the degree of fault, if the negligent party uses the defense that your actions contributed to the accident, it could result in you being barred from recovering monetary compensation for your damages.
Furthermore, following a car accident, it is imperative to seek immediate medical attention even if your injuries seem minor. In some cases, the negligent party may use the defense that you contributed to your damages by not receiving proper medical care and following a recovery plan. In some cases, the court will dismiss your claim if they believe you attributed to your injuries’ severity. If you do not follow a healthcare professional’s treatment instructions, you could suffer further damage. If the court believes that you have contributed to your injuries by neglecting medical care immediately after an accident or following a treatment plan, the court may dismiss your case. Ultimately, following a car accident, you should have your injuries examined and treated by a medical professional to avoid this issue. Although there are potential defenses a negligent party can use to argue their side during a trial, a trusted St. Mary’s County car accident lawyer can help you prove that you did not contribute in any way to the collision that caused your injuries.
In the unfortunate event that you have been injured in a car accident due to someone else’s negligence, please don’t hesitate to reach out to one of our determined team members. Our firm is committed to helping our clients seek reasonable compensation for their damages.