Bethesda Car Accident Lawyer
Although car accident cases may seem very straightforward, they are not. While the liability may be clear in terms of who is at fault for the motor vehicle accident, this does not mean the defendant will not challenge the case. Anyone who initiates a car accident claim should expect that not only will the person at fault defend themselves, but so will their insurance company. Therefore, it is vitally important for anyone injured in a motor vehicle accident to retain an attorney to ensure that the proper steps are taken to prosecute the claim fully. If you have gotten into a car accident, a Bethesda car accident lawyer can help you in your case and help you determine the best way to pursue compensation for your injuries.
Car Accident Claims in Bethesda
Maryland is a contributory negligence jurisdiction, which is different from the majority of the country that abides by comparative negligence. In a contributory negligence jurisdiction, if the judge or jury finds the injured person even 1% liable or at-fault for their injuries, then that person’s claim is barred from recovery. Conversely, in a comparative negligence jurisdiction, the jury is allowed to evaluate both parties’ culpability and apportion the damages according to that person’s level of fault.
Since Maryland is a contributory negligence jurisdiction, the actions of the injured party are always evaluated by the defense in order to determine whether the facts are sufficient to prove a contributory negligence defense. An injured person, who initiates the claim in Circuit Court for Montgomery County, has the burden of proving their case. Specifically, their Bethesda car accident lawyer must prove that the other party was at fault, that they were injured, and that their injuries were in fact caused by the motor vehicle accident.
When a contributory negligence defense is asserted, the defense must prove the facts necessary in order to prove this defense. The defense, therefore, has the burden of proof in establishing a contributory negligence defense. The facts the defense will use depend upon the individual facts of that case.
Causes of Car Accidents
Car accidents occur in Maryland for many different reasons, some of which include:
Texting and Driving
Anyone who has used their cellular phone to send or receive a text message while operating a motor vehicle understands how these two things do not go together. If a person sends or receives a text message while driving, they are diverting their attention away from the operation of the motor vehicle to instead focus on that text message, which by definition violates the rules of the road, and therefore affects a case.
Driving Under the Influence
Drunk driving is another situation that affects a case in a number of ways. In Bethesda, it is illegal to operate a vehicle while impaired or under the influence of alcohol or drugs. Accordingly, this impairment can be used as evidence of negligence by the impaired driver. When a person is impaired or under the influence of drugs or alcohol, they are not able to operate a motor vehicle in a safe and prudent manner.
Speeding
Speeding can also impact the case because speed can affect a person’s ability to maintain control of their vehicle and avoid a collision. Anyone who is operating his or her vehicle at an unsafe or elevated speed is significantly more prone to being involved in a motor vehicle collision.
Bad Weather
Bad weather can impact a case by hindering a person’s ability to safely operate their vehicle. A person who does not operate his or her vehicle safely according to the weather conditions that exist at that time can be found negligent in the operation of a motor vehicle. Anyone who has driven on either icy or snow-covered roads can understand how these conditions can lead to a motor vehicle collision.
Damages in Bethesda
In Bethesda, damages that are recoverable in a motor vehicle accident are typically divided into two major categories: economic damages and non-economic damages. Economic damages are typically the reimbursement of medical bills incurred for treatment that was directly caused by the motor vehicle accident, along with reimbursement for missed time from work. There can be other forms of economic damages depending upon the specific set of circumstances in that case, but reimbursement of medical bills and lost time from work are the two main forms of economic damages. An experienced attorney in Bethesda will be able to provide a person with answers regarding the damages they are eligible to receive and can also provide information on what to do after a car accident.
Non-economic damages are typically the more subjective form of damages. These damages include pain, suffering, and inconvenience. As the more subjective form of damages, they depend upon the facts and circumstances of that individual case. Unfortunately, there is a cap on non-economic damages in Maryland personal injury cases, which makes speaking with an experienced car accident attorney in Bethesda all the more important.
Important Reasons to Contact a Bethesda Car Accident Lawyer
It is important to contact a Bethesda car accident lawyer when you have been injured in a motor vehicle accident because the attorney has the knowledge and experience to handle that claim on behalf of the injured person. Reasons to contact an attorney early on in the case include:
- answering any questions the injured person may have
- investigating the claim and advising the injured person as to whether there will likely be any affirmative defenses such as contributory negligence
- working with the injured person in dealing with the other party’s insurance company and obtaining insurance benefits they are entitled to
- collecting all of the vital investigative records and medical records, organizing them properly, and presenting them in an intelligent way in order to facilitate a positive resolution of the claim
