Picture this: You have sustained significant injuries in a car accident. As a result, you now face mounting medical bills on top of physical pain and emotional distress. The whole situation feels unfair, but how would you hold the responsible party accountable for your losses?
When it comes to accident claims, Maryland follows an at-fault system, which means the person who caused the accident bears the responsibility for the damages it caused. To seek compensation, you will need to prove that they committed the tort of negligence. But what does that mean, exactly? To begin, you need to understand the four essential elements of negligence.
Element #1: Duty
Under the law, all drivers have a legal obligation to operate their vehicles safely and follow traffic laws. This duty extends to pedestrians, passengers and other motorists on the road. In other words, simply by sharing the road with you, the other driver owes you a duty to drive responsibly.
Element #2: Breach
A breach of duty is the most crucial element in car accident cases. This occurs when a driver fails to meet the standard of care expected of a reasonable person behind the wheel. A breach can take many forms, such as speeding, running a red light or texting while driving. Proving that the other driver committed a breach is vital in establishing your claim.
Element #3: Causation
To prove your claim, you must demonstrate that the other party’s breach of duty directly caused your injuries. For instance, if a distracted driver rear-ended your car, causing you to suffer whiplash, you would need to establish that their distraction led to the collision and your subsequent injury.
Element #4: Damages
This refers to the actual harm or losses you have suffered due to the accident. Damages can take many forms, including medical expenses, lost wages and pain and suffering. You must provide evidence of your losses, such as medical records, receipts and witness testimony.
Justice begins with understanding
Understanding these four elements is crucial when pursuing an accident claim in Maryland. By carefully documenting each aspect, you can build a strong case to support your compensation claim.