Contributory Negligence in Maryland Car Accident Cases:
In Maryland is different from other states because instead of using “comparative negligence” Maryland uses the “contributory negligence” law, which states that if an individual is found to be the tiniest but responsible for causing the accident, they would not get any restitution from the other motorist. For that reason not only does this rule bind the judges and juries of Maryland but it also guides the car insurance claims adjuster when he or she is evaluating the case.
Maryland Car Insurance Requirements:
Insurance coverage plays an important role in the bulk of the car accidents in Maryland, therefore, it is vital to understand Maryland`s liability car insurance conditions such as being required to have all three of these insurances:
- Liability insurance
- PIP or Personal Injury Protection insurance
- Uninsured or underinsured driver insurance
Along with making sure that insurance number #1 and #3 have a minimum liability limit of $60,000 for death or injury of 2 or more individuals, $30,000 for death or injury of 1 individual and $15,000 for property damage. Moreover, the PIP liability should be at least $2,500. If an individual is found to be without these minim liabilities then they will either be fined or have their license suspended or both.
The Maryland Car Accident Statute of Limitations:
A Statute of limitations is a state decree that sets a fixed deadline on your right to bring your lawsuit to court. Moreover, Maryland has three statutes of limitations that can begin once an individual has a car accident, these deadlines are:
- The state of Maryland covered under the Maryland Courts and Judicial proceedings Code section 5-101 issues statute of limitations, which informs individuals that once they have a car accident then they have to file a lawsuit within a 3-year time limit which begins from the day of the accident.
- In the case that the car accident caused a fatality, the deceased’s next of kin or a representative for the deceased have a 3 year deadline to file the lawsuit as well on the other hand the deadline for fatality cases begin from the minute the victim`s death occurs instead of the date of the accident because some cases death can happen after the accident happened.
- In the case of filing against the government then the individual will have a deadline of 1 year.
Overall, It is central to acknowledge that if an individual misses their filing deadline, then there is a huge likelihood that their case will be dismissed particularly if the driver they are prosecuting shows that breach of law in the case. For that reason even if an individual is self-assured that their case will be taken care of over with only the car insurance claims, they have to make sure to always keep time for filing their case even if it’s just to have sway over the wrongdoer during the reimbursement talks.
If you need a Maryland Car Accident Lawyer to help you with your Car Accident case in Maryland, call us at 888-437-7747. Our Maryland Car Accident Attorneys can help you. C