If you’ve been searching for a top motor vehicle accident lawyer Hyattsville MD has to offer, it might be because you’ve been injured in an accident and there is a liability dispute. It’s possible for an accident injury claim to be put on hold indefinitely when the other driver’s insurance company disputes liability in the accident.
At Cohen and Cohen, P.C., we know that liability disputes can be very problematic for injured accident victims. When liability is disputed, the victim might not be able to collect financial damages that will cover the costs of medical care. This victim may also incur extra financial losses if his/her injury requires time off from work, thereby resulting in lost wages. As an experienced motor vehicle accident lawyer Hyattsville MD can provide might attest, this situation can quickly become stressful for the victim.
So how exactly is liability determined in a motor vehicle accident? There are several factors that could come into play. It is also important to keep in mind that each case will be largely determined by state regulations, and these regulations could vary widely from state to state. Liability may also be a complicated matter if several parties are involved in the accident, as often happens when a commercial truck driver causes an accident.
Common Laws in Motor Vehicle Accident Cases
As with other personal injury cases, it is important for the injured claimant to prove that the other party was responsible for causing the accident or was negligent. Some states allow motor vehicle statutes to determine liability in car accident cases, while other states may recognize four basic levels of “fault” for injuries.
Common law for personal injuries recognizes four categories of fault:
- Negligence: When a person unintentionally causes injury to another person by failing to exercise reasonable care
- Recklessness: When a person acts so carelessly that he/she clearly endangered the welfare of others
- Intentional harm: When a person purposely injures another individual
- Strict liability: When an organization or individual is held liable in a court of law, even though direct responsibility is absent (this type of liability may be applicable in commercial truck accidents)
Distinguishing the different types of fault might not be an easy task in a complex accident case, but as an experienced motor vehicle accident lawyer Hyattsville MD trusts might attest, it can be essential. State laws and regulations, in addition to regulations under private insurance policies, can sometimes make it difficult for claimants to obtain financial damages if the claimant is partially responsible or negligent.
Motor Vehicle Negligence
It is important to understand that traffic laws can complicate the matter of liability in an accident. Drivers are required, by law, to operate their vehicles safely. If a driver fails to exercise “reasonable care” and puts other drivers at risk, he/she may be deemed negligent — even if another driver was primarily responsible for causing the accident.
Negligence can play a large role in how much financial compensation the victim may receive — if any compensation is awarded at all. Some states — but not all — render the victim ineligible to obtain financial damages after a car accident if the victim was partially responsible or negligent during the accident. Most states will adjust the victim’s settlement based on whether the victim was negligent and how much this negligence played a factor in the accident.
For example, many states require motorcyclists to wear helmets while driving. If another driver causes an accident and injures a motorcyclist who isn’t wearing a helmet, that motorcyclist may not be able to collect a high settlement because he/she exercised negligent behavior. In a car accident, a driver might be deemed negligent for failing to replace a broken tail light or a broken mirror. If a claimant might be held partially liable or negligent, it is often beneficial to work with a local motor vehicle accident lawyer Hyattsville MD can offer.
Proving Fault or Negligence
As a top motor vehicle accident lawyer Hyattsville MD trusts would attest, each accident is different and each state has its own traffic laws. In some cases, liability is clear and there is evidence to prove what happened. A rear-end accident, for example, is almost always the fault of the driver who collides into the back of another vehicle. In a hit and run accident, any driver who flees the scene of an accident is held accountable to some extent.
Complex accidents may involve several pieces of evidence to prove liability. These can include:
- Police reports
- Eyewitness testimonies
- Video footage of the accident
- Environmental factors (e.g., weather conditions, road conditions)
- Assessment of the vehicles involved
- Assessment of how the crash happened
As any motor vehicle accident lawyer Hyattsville MD can depend on might explain, it can be essential to have concrete evidence to avoid a “he said, she said” argument. This is why it is so important to collect as much evidence as possible after an accident occurs, and why it can be so beneficial to work with a motor vehicle accident lawyer in Hyattsville MD.
Even when an injured accident victim is partially liable or negligent in an accident, it could still be possible to collect compensation if the state’s traffic legislation operates based on a comparative negligence mandate. Under comparative negligence laws, injured accident victims may be allowed to collect financial damages based on how much responsibility the other party holds.
Contact Your Local Hyattsville MD Motor Vehicle Accident Lawyer
At Cohen and Cohen, P.C., we believe it’s important for accident victims to have a reliable source for legal counsel. It’s our job to provide each of our clients with a reliable motor vehicle accident lawyer Hyattsville MD has to offer. Our team of experienced and capable lawyers have developed a strong reputation among local accident victims seeking legal counsel before an injury claim.
No one ever wants to be involved in a serious motor vehicle accident — and we don’t wish it upon anyone either — but if you find yourself dealing with the aftermath of an collision, it may be essential to have somewhere to turn.
For more information about our firm, feel free to contact the local Maryland offices of Cohen and Cohen, P.C. at (301) 637-8381 or fill out a short form on our website to email us directly. When you need a local motor vehicle accident lawyer Hyattsville MD residents trust, Cohen and Cohen, P.C. is here to help.
