Rear-End Crash LiabilityFebruary 27, 2019
When it comes to motor vehicle accidents, proving fault is an essential part of the claim process. Unfortunately, it is not always easy to determine liability for a crash. While it is often assumed that the following driver is always negligent in a rear-end car accident, that is not always the case. There are certain scenarios where a rear-end crash is caused by the driver in front.
Negligence under the law refers to when an individual’s actions fall short of the expected standard of care that a reasonable person would use in the same circumstances. Proving it under the law is a four-step process. It begins with establishing that a duty of care existed. When it relates to operating a motor vehicle, that duty refers to the responsibility to drive safely according to traffic signals and laws. The next step to proving negligence is proving a driver breached that duty of care. A driver breaches their duty of care with dangerous behaviors that include:
- Disregarding traffic patterns and signs
- Distracted driving
- Drunk or drugged driving
- Failing to signal
The third step to establishing negligence is proving that a negligent driver’s breach of duty directly caused your car accident. Finally, you and your Baltimore car accident lawyer must show that you sustained damages as a result of this accident. Damages can be physical injuries or damage to your motor vehicle.
Maryland is one of only five jurisdictions that apply the theory of contributory negligence to personal injury claims. This means any accident victim who breaches the standard duty of care and contributes to their accident is prohibited from recovering damages. Other states use the theory of comparative negligence where each driver is assigned a percentage of liability and damages are awarded accordingly.
There are many ways a driver that has been rear-ended by another car may have contributed to their accident. They may stop suddenly, turn quickly without signaling, have broken taillights, or fail to use hazard lights to indicate a mechanical problem. In all these scenarios, the driver following behind may not be prepared to stop in time to avoid hitting the car ahead of them.
Proving the leading driver’s negligence can be challenging. An experienced car accident lawyer will examine every detail of the accident, including police reports, photos of vehicle damage, medical records, and witness testimony to establish what really happened and who was responsible.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Protect Injured Car Accident Victims
If you have been injured in a rear-end car accident, our Baltimore car accident lawyers at LeViness, Tolzman & Hamilton are here to help. We will hold the negligent party accountable for your injuries and obtain the justice you deserve. For a free initial consultation, call 800-547-4LAW (4529) or contact us online today.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.