A car accident can turn your world upside down in an instant. Whether it is a minor fender bender or a serious collision, the steps you take immediately after the accident can significantly impact your health, financial recovery, and ability to pursue legal action.
At Holzman & Dickriede Attorneys at Law, we have seen how the right actions in the aftermath of an accident can protect victims from unnecessary complications. If you or a loved one has been involved in a crash, our Baltimore car accident lawyers are here to guide you every step of the way.
Ensure Your Safety and Seek Medical Attention
Your well-being is the most important priority after a car accident. If you can do so safely, check yourself and others involved in the crash for injuries. Call 911 immediately if anyone requires emergency medical assistance. Even if you feel fine, seeking a medical evaluation as soon as possible is essential. Some injuries, such as concussions and whiplash, may not present symptoms until hours or days later.
Under Maryland law, individuals involved in car accidents must report the crash to law enforcement if it results in bodily injury, death, or property damage exceeding $500 (Md. Code, Transp. § 20-104). Failing to report an accident that meets these criteria can result in fines or other penalties.
Contact Law Enforcement and Obtain an Official Report
Calling the police to the scene is crucial. The responding officers will create an accident report, documenting key details about the crash. This report can serve as vital evidence when filing an insurance claim or pursuing legal action against a negligent driver.
In Maryland, law enforcement officers file official accident reports, which can be obtained from the Maryland State Police or the local police department. If the police do not respond to the scene, you should file your report with the Maryland Motor Vehicle Administration (MVA) within 15 days if the accident resulted in injury or death (Md. Code, Transp. § 20-107).
Gather Evidence at the Scene
Collecting evidence at the scene can strengthen your case if you are physically able. Take the following steps:
- Photograph the accident scene: Capture images of vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries.
- Obtain contact information: Get all involved parties’ names, phone numbers, and insurance details.
- Speak with witnesses: Ask for their names and contact details if there were any bystanders. Witness testimony can be valuable in proving fault.
- Record relevant details: Note the date, time, location, weather conditions, and other pertinent factors.
Notify Your Insurance Company
Maryland follows an at-fault system for car accidents, meaning the driver responsible for the crash is liable for the damages. Immediately notifying your insurance provider is essential, even if you are not at fault.
Maryland law requires drivers to carry minimum auto insurance coverage of:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $15,000 per accident for property damage (Md. Code, Ins. § 19-509)
However, insurance companies are often quick to minimize payouts. Before providing a recorded statement, consult with a car accident attorney in Baltimore to ensure your rights are protected.
Understanding Maryland’s Contributory Negligence Law
Maryland follows a strict contributory negligence rule, which means that if you are found even 1% at fault for an accident, you cannot recover compensation from the other driver (Md. Code, Cts. & Jud. Proc. § 11-303). This harsh law makes it critical to work with an experienced auto accident lawyer in Baltimore, MD, who can help establish the other party’s liability and protect your claim from being unfairly denied.
Seek Legal Representation Before Accepting a Settlement
Insurance companies often attempt to settle claims quickly, offering compensation that may not fully cover your medical expenses, lost wages, and pain and suffering. If you accept a settlement without consulting an accident attorney in Baltimore, you may forfeit your right to seek additional damages later.
At Holzman & Dickriede Attorneys at Law, we have extensive experience negotiating with insurance companies and litigating cases in court. We will assess the actual value of your claim, factoring in both economic and non-economic damages, to ensure you receive the compensation you deserve.
What Not to Do After a Car Accident
1. Do Not Delay Reporting the Accident
Failing to report the accident to law enforcement or your insurance company could create challenges when filing a claim. A police report provides an official record of the accident, which can be critical in proving fault.
2. Do Not Provide a Recorded Statement to Insurance Companies
Insurance adjusters may contact you soon after the accident, requesting a recorded statement. These statements can be used to minimize or deny your claim. It is best to consult with a Baltimore car accident lawyer before speaking to the insurance company.
3. Do Not Accept the First Settlement Offer
Insurance companies often offer quick settlements that may not cover the full extent of your medical bills, lost wages, and pain and suffering. Before accepting any offer, consult with a Baltimore car accident attorney to ensure you receive fair compensation.
Compensation Available for Baltimore Car Accident Victims
Victims of car accidents in Maryland may be entitled to various forms of compensation, including:
- Medical expenses: Hospital bills, rehabilitation costs, prescription medications, and ongoing treatments
- Lost wages: Compensation for time missed from work due to injuries
- Pain and suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life
- Property damage: Costs for vehicle repairs or replacement
- Wrongful death damages: Compensation for families who have lost a loved one due to a fatal accident
Statute of Limitations for Car Accident Claims in Maryland
Maryland law imposes a strict deadline for filing car accident claims. The statute of limitations for personal injury claims is three years from the date of the accident (Md. Code, Cts. & Jud. Proc. § 5-101). If you fail to file within this period, you may lose your right to pursue compensation. Exceptions may apply in cases involving minors or delayed injury diagnoses, but it is best to act promptly to protect your claim.
How Holzman & Dickriede Attorneys at Law Can Help
Our Baltimore car accident law firm is dedicated to fighting for the rights of accident victims. When you work with us, we will:
- Conduct a thorough investigation into your accident
- Gather crucial evidence to support your claim
- Handle all communication with insurance companies
- Negotiate a fair settlement
- Represent you in court if litigation is necessary
We understand the challenges of recovering from a car accident and are committed to making the legal process as smooth as possible for you. Our goal is to ensure that you receive the full compensation you are entitled to under Maryland law.
Frequently Asked Questions About Baltimore Car Accidents
1. Can I File a Car Accident Claim if I Was a Passenger in the Vehicle?
Yes. If you were a passenger in a car accident, you have the right to file a claim against the at-fault driver’s insurance policy. If multiple parties were involved, such as another driver or a negligent rideshare driver, you may be able to seek compensation from more than one source. Our Baltimore car accident lawyer can help you determine the best action.
2. What Happens If the At-Fault Driver Leaves the Scene?
If the driver who caused your accident flees the scene, it is considered a hit-and-run, which is illegal in Maryland. If you were involved in a hit-and-run, report the incident to the police immediately. You can file a claim under your uninsured motorist coverage, which can provide compensation for your medical bills and damages.
3. How Do I Prove That the Other Driver Was at Fault?
Proving fault in a car accident case requires strong evidence. This can include:
- Traffic camera footage or dashcam video
- Witness statements
- Police reports
- Accident reconstruction analysis
- Cell phone records (to prove distracted driving)
An experienced car accident attorney in Baltimore can investigate your case and collect the necessary evidence to prove liability.
4. What if the Insurance Company Blames Me for the Accident?
Maryland follows a strict contributory negligence rule, meaning that if you are found even 1% at fault, you could be barred from recovering compensation. Insurance companies often try to shift blame to avoid paying claims. If an insurer is trying to blame you unfairly, you should immediately speak with an auto accident lawyer in Baltimore, MD, to protect your rights.
5. Can I Still File a Claim if I Was Injured in a Rental Car?
Yes. If you were injured while driving a rental car, you may be able to file a claim against the at-fault driver’s insurance, your personal auto insurance, or the rental company’s insurance policy if you purchased additional coverage. Our team can review your case to determine the best way to pursue compensation.
6. How Long Will It Take to Resolve My Car Accident Claim?
The timeline for a car accident claim depends on several factors, including the severity of injuries, the complexity of the case, and whether a fair settlement is reached or litigation is necessary. While some claims may be settled in a few months, others may take a year or more if a lawsuit is required. Our accident attorney in Baltimore will work efficiently to secure the best possible outcome for your case.
Contact Us for a Free Consultation
If you have been injured in a car accident, don’t wait to seek legal guidance. Contact Holzman & Dickriede Attorneys at Law today for a free consultation. Our Baltimore car accident lawyers are ready to fight for your rights and help you navigate the complexities of your claim. Call us now to learn how we can assist you on the road to recovery.