After a serious car crash, knowing that another driver caused the collision and proving it are two different things. A driver may have been speeding, failed to yield or made an unsafe turn, but an injured person still needs evidence of what happened.
In Maryland, this can matter even more because the state follows a contributory negligence rule. If an injured person’s own negligence helped cause the crash, the person may be unable to recover damages. Showing what the other driver did, and how that conduct caused the crash and injuries, can be a key part of a personal injury claim.
What evidence can prove fault?
A Maryland negligence claim generally requires proof that the other driver had a duty to use reasonable care, breached that duty, caused the crash and caused an injury or loss. A traffic citation may support a claim, but it does not by itself establish that the driver caused the injury.
Several types of evidence may help establish fault:
- Police reports: An officer may record driver statements, witness accounts, road conditions and traffic violations.
- Photos and video: Photos of vehicle damage, skid marks and traffic signs can help show what took place. Dashcam or nearby camera footage may also capture the crash.
- Witness accounts: People who saw the collision may explain what the other driver did before impact.
- Medical records: Treatment records can document injuries and connect them to the crash.
- Physical evidence: Vehicle damage, debris and vehicle positions may help show how the collision occurred.
The facts of the crash will shape which evidence matters most. Maryland law requires drivers to maintain a safe speed based on road and traffic conditions. It also bars drivers from following another vehicle more closely than is reasonable and prudent. A violation may help establish what led to the collision.
Why does proving fault matter in Maryland?
Maryland’s contributory negligence rule makes evidence about both drivers important. If an injured person also failed to use reasonable care and that conduct helped cause the crash, recovery may be barred. The other driver may therefore dispute not only what happened but also the injured person’s role in the collision.
Get legal guidance after a serious crash
Proving fault after a serious crash can take more than identifying a traffic violation. The evidence should show what the other driver did, how that conduct caused the collision and how the collision caused the injuries. In Maryland, that proof can become especially important when the other side raises contributory negligence.
After a serious motor vehicle accident, determining who was at fault can be difficult, especially when the available evidence does not tell the whole story. An attorney can review the evidence, assess the circumstances of the crash and explain how Maryland law may apply to the specific facts. Legal guidance can also help an injured person understand potential options while dealing with the physical, financial and emotional effects of the accident.