Auto Accident Liability

Individuals who fail to maintain automobile insurance in all states, may be sued and/or their assets attached to satisfy any judgement.  This being said, in the state of Maryland the “burden of proof” lies on the plaintiff for cause and negligence.  Fault for causing an accident is caused by either Statute or defined by common law; statute meaning a reappointment of liability for payment or damages.  Common law involves four specific levels of fault: intentional misconduct, recklessness or wanton conduct, negligence and strict liability (irrespective of fault).  No state has adopted a “no-fault” law.  This would mean that insurance companies would allow the insured to recover financial losses from their respective insurance companies thus eliminating the need to sue.  An increase in premiums would result in a large part due to fair compensation for victims, especially non-tangible losses. 

In many auto accident cases liability is usually established by the type of auto accident.  For instance, running a red light or hitting someone from behind.  There are clear laws stating that automobiles must stop at a red light and that automobiles must maintain a safe and clear distance from the automobile they are following.  Failure to do so which results in a traffic accident and possible citation usually determine the type of accident.  Liability will usually fall on the driver whose negligence caused the accident.  Negligence is defined as: Failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party.  Liability does not necessarily have to be a person; it can also be a product.  A product may not perform as warranted by the manufacturer or person selling the product.  In this case, the company may be held liable for the injuries and damages may be awarded. 

When you are involved in an accident an adjuster from the negligent driver’s insurance company will assess the damages resulting in an offer to you from the insured’s insurance company.  You are under no obligation to accept this offer and they do not always have your best interests in mind.  When involved in any type of auto accident it is always advisable to have an experienced legal professional familiar with auto accidents.  Failure to do so and accepting a settlement from the insurance company could forever prevent the victim from recovering damages.

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