Is Seeking Compensation from the At-Fault Driver in Maryland Legal? Here’s the Law

According to state data, Each day, approximately 80+ people are injured or killed on Maryland roads. As a traditional fault state, In cases of vehicular accidents in Maryland, individuals have the legal right to pursue financial recompense from the responsible driver following a collision.

Most cases begin by filing a claim against the driver’s insurance company. Here’s an overview of Maryland traffic laws and vehicle injury claims.

Car accidentPhoto byMagic Media

What to Do After a Maryland Car Accident

1: Remain at the Scene and Exchange Information:

Drivers in Maryland must stop and stay at the scene of any accident involving injury or property damage. You need to provide your name, address, and registration number to others involved and the police. Show your driver’s license upon request.

2: Call 911 and Assist the Injured:

Maryland law requires you to provide reasonable assistance to the injured, including arranging transportation to a medical facility. Report the accident to authorities, as failing to do so can result in fines or jail time.

3: Collect Evidence From the Scene

Maryland’s fault system requires you to prove the other driver caused the accident. The police report is strong evidence, especially if the other driver was cited. Other evidence includes:

• Photos and videos of the crash scene
• Witness names and contact information
• Personal notes about the accident

4: Notify Both Insurance Companies

• Inform both the at-fault driver’s insurance company and your own as soon as possible.
• Don’t wait until you’re released from medical care.
• Expect a quick settlement offer from the insurance adjuster.
• It's often not in your best interest to settle while still undergoing treatment.

Maryland's Fault and Liability Regulations

Traditional Fault System

Maryland’s fault system places the burden on you to prove the other driver’s negligence and that you were not at fault.

Contributory Negligence Rule

Maryland follows a strict contributory negligence rule, barring any compensation if you are even slightly at fault.

Compensation for Accidents in Maryland

Average settlements for moderate car accident claims in Maryland are around $16,452, with minor injuries averaging $4,518 and severe injuries $210,545. Settlement amounts vary based on injury severity, shared negligence, insurance coverage, and the number of injured parties. Commercial vehicles typically carry higher insurance limits, leading to higher payouts.