Being involved in a car accident is a stressful event. You may have suffered injury, property damage, and missed time from work. This situation can quickly become more stressful if the other driver sues you after the car accident.
If this happens to you, you need an experienced Baltimore car accident lawyer by your side. Your attorney will help you navigate this stressful process and fight to protect your rights.
Understanding what to do if you’re being sued after a Baltimore car accident can help you prepare for what’s to come.
Table of Contents
Do Not Admit Fault
Immediately after you’re involved in a car accident, do not admit fault to others at the scene or to law enforcement. These statements may be used to show that you were responsible for the accident. This means you should avoid even seemingly harmless statements, such as “I’m sorry about that.”
This tip applies after you’ve been sued for a car accident, too. Don’t admit fault to the opposing party or their attorney. In fact, you should avoid speaking with them until you have an attorney of your own.
Hire an Experienced Baltimore Car Accident Lawyer
There’s no rule requiring you to hire an attorney if you’ve been sued after a car accident, but most people will benefit from having legal representation. An attorney will explore your options, protect your legal rights, and fight to reduce your liability as much as possible.
Contact our experienced Baltimore car accident attorney before being sued to have your case reviewed and understand potential liability. Your attorney can advise you on the steps to take to protect your interests.
Cooperate With Law Enforcement
In Maryland, you must call law enforcement after a car accident if someone is injured, a driver appears intoxicated, a vehicle can’t be safely moved, or a driver refuses to give their information. If law enforcement does come to the scene of a car accident, they will likely ask you some questions and make a report. Answer their questions, but if you don’t remember or don’t know the answer to a question, say so. Again, don’t admit fault.
The same advice applies if the police follow up with you after the initial report. This doesn’t always happen, but it may. Be polite, and answer their questions, but if you don’t know the answer to a question or aren’t sure how to respond, let the officer know.
Do Not Talk to the Insurance Company
Car insurance companies are big businesses, and they usually don’t have your best interests at heart. This is especially true if you’re being sued. If an insurance company contacts you, contact a Baltimore car accident lawyer. Your attorney can speak to the opposing party’s insurance company on your behalf. They can also contact your insurance company and find out relevant information about your policy.
Be Prepared to Discuss a Settlement
Most car accident cases are resolved through settlement negotiations and do not go to trial. If you’re being sued for a car accident, a trial can be risky because the outcome is uncertain. Your attorney will negotiate with the opposing party and their insurance company on your behalf. They will then advise you about the benefits of accepting a settlement or taking the case to trial.
Know that Maryland is an At-Fault State
Maryland is an at-fault state for car insurance claims. This means that a party involved in a car accident can pursue a claim against the party who caused the crash, even for minor injuries.
This is distinguishable from how no-fault states handle car accident claims. In those states, drivers must purchase Personal Injury Protection (PIP) to pay for their own losses in minor car accidents—such as minor injuries and lost wages.
Maryland does not follow no-fault rules, but it does require car insurance companies to offer PIP coverage. However, drivers have the option to waive PIP.
An experienced Baltimore car accident lawyer can help you understand how the at-fault rules apply in your case if you’re being sued after a car accident.
If I’m being sued for a car accident, what can they take?
If a car accident claim is resolved in a settlement, this will usually not involve your personal assets and will be paid by your insurance provider. However, if your case proceeds to a trial and the jury awards money to the other party, it will be entered against you as a judgment.
In some cases, the at-fault party’s personal assets can be taken to satisfy the judgment. Your attorney will explain which assets may be at risk if you receive an unfavorable judgment.
How Do I Prove that I Was Not At Fault?
To succeed in their case, the plaintiff must prove that you were negligent. In a legal context, to be negligent means failing to exercise reasonable care and caution under the circumstances.
The plaintiff must prove each of the following elements to prove that you were negligent:
- You had a duty of care. This is usually a duty to drive the way a reasonably prudent person would under the same circumstances.
- You breached or violated the duty of care. This may be proven by showing that you acted unreasonably under the circumstances.
- Your actions caused the accident or injuries.
- The plaintiff suffered damages as a result of your actions.
Your attorney will review the facts of your case to see if they can show that you were not at fault in the accident or weaken the plaintiff’s case against you. This may include reviewing evidence, collecting witness statements, or consulting crash reconstructionist experts.
Contact an Experienced Baltimore Car Accident Attorney to Schedule a Free Consultation
If you’ve been sued after a car accident in Baltimore, WGK Personal Injury Lawyers is here to explain your legal options and defend your rights. To schedule a free consultation with a member of our team, contact our office today at 410-837-2144.
