How Do I Dispute Car Accident Fault?

After a car accident, you may find that the driver responsible for the accident or their insurance company is accusing you of being at fault. If these accusations are untrue and the at-fault driver caused your accident, you will need to dispute these accusations to defend your rights and potentially recover fair compensation for your damages.

To dispute the accusation, you need evidence showing that the other party was responsible for the accident. Then, you can submit this evidence to the responsible party’s insurance company. You can also file a lawsuit and let a judge or jury decide who was at fault in your car accident.

If you choose to work with a Maryland car accident lawyer on your case, they may be able to help you dispute the misplaced car accident fault. A lawyer can handle all evidence gathering, settlement negotiations, and legal work on your behalf.

Your Options for Disputing Car Accident Fault

There are a few steps you can take to dispute fault for a car accident:

Producing Evidence of the Other Party’s Liability

The responsible party’s insurance adjusters may try to blame you for the accident until they see solid proof of their client’s liability. In a car accident case, such proof may include:

Dashcam, security camera, or traffic camera footage of the accident scene
Witness statements
Testimony from accident reconstruction experts
Photos of the scene of the accident
The police report

Your personal injury attorney will have the resources to collect this evidence. Their investigators can compile the information they collect and consult with experts to build a case establishing the four elements of negligence. Those four elements are:

Duty of care: All drivers have a responsibility to follow traffic laws, practice safe driving habits, and ensure the safety of themselves, their passengers, other motorists, and anyone on the road.
Breach of duty: A driver fails in their duty when they violate a traffic law and/or commit an act that places themselves or others in danger.
Causation: The at-fault driver’s actions or inactions have a consequence; they caused an accident and your injuries.
Damages: Your injuries result in physical pain, financial losses, and emotional trauma, which you have a right to compensation.

With this evidence and information, you can counter the insurance company’s claims to your degree of fault and demand compensation for your losses. Your accident attorney can negotiate for a fair settlement offer, but if you cannot reach an agreement, you can file a lawsuit.

Filing a Personal Injury Lawsuit

When you file a personal injury lawsuit against an insurance company, they no longer have the power to decide who was at fault for your accident—that authority goes to the judge or jury overseeing your case. If the judge or jury determines that the other party was at fault for the accident, they may award you compensation.

Note that there is a general three-year statute of limitations on personal injury lawsuits in Maryland, according to Maryland Courts and Judicial Proceedings §3–904. You must file your lawsuit before the three-year deadline. Otherwise, you may lose the right to pursue compensation through the court system.

The Police Report Is Not Evidence in Court

The police report on your accident can provide information on the individuals involved and the accident itself. Police reports can include contact and insurance information, including eyewitness information. They can also include a diagram of the accident, state who the officer believes is at fault, and whether any citations were issued.

However, this information is often inadmissible as evidence in court. The logic behind this stance is the officer has no first-hand knowledge. They were not witnesses to the accident. Under certain conditions, though, the police report could be admitted, but your attorney will conduct their investigation into your car accident.

The Damages You May Be Able to Recover

If you can prove that another driver was at fault for your accident, you may be able to recover compensation for your damages. Depending on the nature and severity of your injuries, the potentially recoverable damages may include:

Medical bills for your current and future accident-related expenses
Loss of income
Reduced earning capability
Property damage
Mental anguish

A lawyer can also assist you by calculating the value of your damages.

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Car Accident Lawyer Additional Locations

If you have suffered injuries in a car accident, one of our attorneys serving the following areas may be able to help:

Adam Smallow Injury Lawyers understands how hard it can be to dispute car accident fault in Maryland. If you were injured in a car accident caused by another party’s negligence, Adam Smallow Injury Lawyers might be able to help you dispute fault and fight for compensation. While you focus on your recovery, we can:

Collect evidence of the full extent of the responsible party’s liability
Demand a settlement from the responsible party’s insurance company
Take your care to trial, if necessary

Adam Smallow Injury Lawyers prioritizes our clients’ needs by always being available for updates or information. In addition to standard phone and email access, you will have 24/7 text message access to our team when we represent you.

Complete a Free Case Evaluation form now

Call on Adam Smallow Injury Lawyers for Help With Disputing Fault

For help disputing fault in your car accident, contact Adam Smallow Injury Lawyers. A legal representative of our law firm can discuss your accident and your legal options during your free case consultation. We can also suggest trusted, highly qualified medical providers who may be able to assist with your recovery.

Adam Smallow Injury Lawyers can offer you representation on a contingency-fee-basis with no up-front payments required. Adam fights for your rights.

Call or text (410)777-8960 or complete a Free Case Evaluation form