Jill Kolodner | March 14, 2025 | Car Accidents

Maryland is an at-fault state for car accident claims. That means an accident victim must prove the other driver caused the crash before they can recover damages. Proving fault and liability can be challenging. The accident victim must have compelling evidence.
Evidence in a car accident case may include:
- Photographs of the accident scene
- Eyewitness statements
- Video of the collision
- Statements by the drivers
- Physical evidence from the vehicles and the scene
- Medical records
- Expert opinions and testimony
Video footage of the crash can be very compelling evidence. The Maryland Department of Transportation (MDOT) has traffic cameras throughout the state. It could be possible that your car accident was captured on one of those cameras. It could also be possible that your crash was caught on other cameras.
How Do I Request Traffic Camera Footage of a Car Accident From MDOT?
Obtaining the footage from MDOT can be challenging. You may need to file a Public Information Act request to MDOT. Your car accident lawyer can handle this for you.
Your car accident may have been captured on other traffic cameras or surveillance cameras. An experienced lawyer searches for sources of video footage. They handle completing the paperwork necessary to obtain the footage for your case.
How Does Car Video Footage of a Collision Help You With a Car Accident Claim?
You must prove that the other driver’s conduct caused the crash. The other driver may tell a different story about how the crash occurred. For instance, the other driver might say that you were the one who failed to yield the right of way.
Video evidence is difficult to challenge. If you have a video showing the other driver turned left in front of you when you had the right of way, that might be all the proof you need that the other driver is liable for your damages.
However, you should not rely solely on MDOT video footage to prove your case. Your car accident might not have been captured on video. If so, you must use other evidence to prove how the car accident happened and who is responsible. Therefore, your attorney gathers all available evidence to build a comprehensive case proving fault.
How to Prove Liability for a Maryland Car Accident?
Car accidents occur for many reasons. Driver negligence is the most common cause of car accidents. Examples of negligence include:
- Distracted driving
- Speeding
- Driving under the influence
- Failing to follow traffic laws
- Reckless driving
- Drowsy and fatigued driving
- Aggressive driving and road rage
The accident victim must prove the elements of negligence. In a car accident case, those elements are:
- Legal Duty: Drivers have a legal duty to follow traffic laws and take reasonable care to avoid causing accidents.
- Breach of Duty: The driver did something to breach their duty of care. For example, the driver ran a stop sign.
- Causation: The driver’s breach of duty was the proximate and direct cause of the crash. In our example, the driver ran a stop light. Running the stop light was the cause of the car accident.
- Damages: You sustained injuries and losses because of the driver’s breach of duty.
The victim must prove each element by a preponderance of the evidence. Jurors must find that the evidence proves it is more likely than not the allegations you make are true.
The insurance adjuster assigned to your claim will gather evidence to dispute your claim. The goal is to pay you as little as possible for damages if the company cannot deny your claim.
What Damages Can I Recover for a Car Accident Claim?
The courts cannot undo your injuries. It cannot take away the pain and suffering you experience. However, it can legally hold the driver who caused your crash responsible for your losses and harm.
Maryland personal injury laws allow car accident victims to seek compensatory damages for their financial losses, pain, and suffering. Economic and non-economic damages include:
- Impairments and disabilities
- Emotional distress
- Medical bills and expenses
- Loss of enjoyment of life
- Mental anguish
- Rehabilitative care and therapy
- Scarring and disfigurement
- Lost wages and benefits
- Diminished quality of life
- Reduced earning capacity
- Out-of-pocket expenses
The value of your damages depends on your monetary losses, the severity of your injuries, and other factors. Contributory fault can be a significant factor in a Maryland car accident case.
Maryland is one of the four states and the District of Columbia that uses pure contributory negligence. If the accident victim has any blame for causing the crash, they are barred from receiving damages. Therefore, if the insurance company proves that you are 1% at fault, you cannot recover any money for your claim.
Building a strong case with as much evidence as possible can refute claims of contributory fault. Do not admit fault at the accident scene or when speaking with an insurance adjuster. It is best to allow your attorney to handle the insurance company.
Steps to Take After a Car Accident in Baltimore, MD
You can help improve your chances of winning a car accident case by taking steps at the accident scene to preserve evidence. For example, take photographs of the accident scene, including the vehicles. Make a video of the entire scene to ensure you capture all evidence. Ask eyewitnesses for their names and contact information. Eyewitness testimony can be compelling evidence if fault is disputed.
When you speak with the police officer, stick to the facts. Tell the officer what happened without making assumptions about who caused the accident. Seek immediate medical treatment for your injuries. Refusing medical care and delays in treatment could hurt your chances of receiving compensation for the total value of your damages.
As soon as you can, seek legal advice from an experienced personal injury lawyer. An attorney can handle all the legal matters related to your claim while you focus on your recovery.
Contact the Baltimore Car Accident Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080