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Car accidents can be among the most traumatizing experiences a person can undergo. Not only are car accidents physically dangerous, they can also be financially disastrous. Depending on the situation, a person involved in a car accident can quickly see their financial world turned topsy-turvy. You can be liable if you’re at fault in a car accident. This may mean tens of thousands of dollars in repairs and medical bills. If you’re properly insured, this can mitigate the financial consequences, but you may still face some stiff financial penalties. In this post, we will discuss the basics of how liability works when it comes to car accidents. As it turns out, Maryland has a somewhat unusual system for determining liability in these cases.
At Fault & Contributory Negligence in Damage Recovery
Consider a common scenario: a motorist is driving down a local highway and, for a brief moment, takes his or her eyes off the road. As bad luck would have it, another motorist attempted to merge onto the highway in the same lane, just as the first motorist took his or her eyes off the road. The first motorist doesn’t adjust his or her speed and accidentally bumps into the merging vehicle. The question arises: how is liability assigned in this case, and who pays for the damages?Maryland is an “at fault” state, which means that liability for damages depends on the showing of fault. When a Maryland motorist seeks compensation for damages from a car accident, that motorist must demonstrate fault on the other driver’s part.What happens if both parties have some level of fault in an accident? This is where Maryland parts ways with most other jurisdictions. Most states use a “comparative negligence” doctrine when determining damage recovery. Comparative negligence means that a party is liable for damages to the extent of its negligence; for instance, if a party is 5% at fault for a given accident, then that party is liable for 5% of the damages. On the other hand, Maryland uses something called “contributory negligence,” which means that any level of fault will render damage recovery from the other party impossible.Suppose that two drivers collide, and both drivers agree that one party was 20% responsible, and the other party was 80% responsible. Under Maryland law, neither party can recover damages from the other because both had fault. In Maryland, a party needs to show that the accident was 100% the fault of the other driver to recover from that other driver. Of course, some insurance policies will provide coverage, regardless of relative fault; but this doctrine of contributory negligence is critical when determining liability concerning the other party.
Statute of Limitations & Limits on Damages
If you’re ever involved in a car accident in Maryland, you should know the statute of limitations, the time-lapse of how long you take to file suit, and the limits of damage claims. The statute of limitations for claims of personal injury and property damage is 3 years. As of August 2021, the limit on non-economic damages is $890,000. This limit increases by $15,000 on October 1, so the new limit will rise to $905,000 on October 1, 2021.
Contact the Murphy Law Firm for More Information
To learn more, contact the Murphy Law Firm today by calling 240-493-9116.
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