Car Accident Lawyers

Landover Car Accident Lawyers

In the moments after a car accident, the steps forward seem out of reach. You’re left trying to deal with the shock and process what just happened while dealing with the damages and potential injuries. That’s where Landover car accident lawyers can come in.

At Jaklitsch Law Group, we understand the challenges you face. Working with our Maryland personal injury lawyers can help make you feel more at ease as you deal with the legalities of what just happened.

Maryland Car Accident Laws You Should Know

To protect your rights after a car accident, you should understand the aspects of Maryland law that could impact your case. Here are some essential points to keep in mind:

• At-fault insurance system: Maryland is an at-fault car insurance state, which means the party responsible for causing the accident is financially liable for resulting damages, including medical expenses, lost wages, property damage, and pain and suffering.
• Proving negligence: To recover compensation, you must demonstrate that the other driver’s negligence directly led to the crash and your injuries. This often involves showing they violated traffic laws (e.g., speeding, running a red light), drove recklessly or aggressively, or engaged in distracted driving behaviors like texting behind the wheel.
• Contributory negligence doctrine: Maryland follows a harsh rule known as contributory negligence, which bars injured parties from recovering any compensation if they are found even 1% at fault for the accident. Insurance companies often exploit this rule to shift blame and avoid paying claims.
• Statute of limitations: You must make sure you file within the time limits if you want a chance at your case, which is usually around three years.

Understanding the laws is essential for building a strong claim and avoiding potential pitfalls that could jeopardize your right to recovery. A car accident lawyer in Landover, MD, can thoroughly evaluate your case, explain how these rules apply to your unique situation, and develop a tailored strategy for pursuing maximum compensation.

The First Steps to Take After a Car Accident

After dealing with the chaos of a crash, taking the right actions can make a significant difference in both your physical recovery and the strength of your legal claim. To protect your health and rights, remember to do these immediately after a car accident:

• Check for injuries and call 911 if anyone needs medical attention. Move vehicles out of traffic if it’s safe to do so and turn on hazard lights to alert other drivers.
• Call the police to report the crash and request an official accident report. This document can provide valuable evidence for your claim, including the officer’s opinion on fault and citations issued to the other driver.
• Take photos and videos of vehicle damage, skid marks, traffic signs, road conditions, and visible injuries. Collect names and contact information for any eyewitnesses who saw the accident occur.
• Get the other driver’s name, phone number, insurance details, license plate number, and vehicle make and model. Avoid discussing fault or apologizing, as these statements could be used against you later.
• Contact your insurer to report the accident and begin the claims process. Stick to the basic facts and avoid speculating about fault or the extent of your injuries.
• See a doctor as soon as possible after the crash, even if your injuries seem minor. Some serious conditions may not present symptoms immediately, and delays in treatment can hurt your health and damage your claim.

Common Types of Car Accidents

While no two car accidents are exactly alike, certain types of crashes occur more frequently. Understanding the common causes and devastating effects of these collisions can help you protect your legal rights and seek the potential compensation you feel you need to move forward.

• Rear-end collisions: These crashes often occur when drivers are tailgating, distracted, or fail to brake in time to avoid hitting the vehicle in front of them. Rear-end accidents are a leading cause of whiplash and other neck and back injuries.
• T-bone or side-impact crashes: Also known as broadside collisions, these accidents commonly happen at intersections when one driver runs a red light or stop sign and slams into the side of another vehicle. The force of impact can cause severe injuries like broken bones, head trauma, and internal organ damage.
• Head-on collisions: When two vehicles collide front-to-front, the results are often catastrophic. Head-on crashes may be caused by wrong-way driving, improper passing, swerving to avoid obstacles, or loss of control because of speeding, distraction, or impairment.
• Sideswipe accidents: These collisions occur when the sides of two vehicles make contact, often during merging or lane-changing maneuvers. Sideswipe accidents can cause drivers to lose control and veer off the road or into other lanes of traffic.
• Rollover accidents: Taller, narrower vehicles like SUVs and pickup trucks are more susceptible to rolling over during high-speed maneuvers or after being struck by another vehicle. Occupants can be thrown from the vehicle or crushed by the roof caving in.
• Single-vehicle crashes: Not all car accidents involve multiple vehicles. Drivers can lose control and crash into trees, poles, guardrails, or buildings due to speeding, drunk driving, distraction, or mechanical issues like tire blowouts or brake failures.
• Multi-vehicle pileups: Chain-reaction crashes involving numerous vehicles often occur on highways or in adverse weather conditions like heavy rain, snow, or fog. The sheer number of vehicles involved can make determining fault and sorting out insurance claims challenging.

Injuries You May Suffer in a Car Accident

Even at relatively low speeds, the tremendous forces exerted in a car crash can leave you struggling with various painful, debilitating injuries, such as:

• Whiplash and other soft tissue damage to the neck, shoulders, and back muscles and ligaments
• Herniated or ruptured discs, spinal cord injuries, and paralysis
• Concussions, skull fractures, and traumatic brain injuries (TBI) that can cause cognitive, sensory, and behavioral impairments
• Broken bones, fractures, and crush injuries to the arms, legs, ribs, and pelvis
• Severe cuts, bruises, puncture wounds, and lacerations from broken glass, metal, or loose objects
• Burns from fires, explosions, or contact with hot surfaces like radiators or deployed airbags
• Road rash, disfiguring scars, and other injuries from being thrown from the vehicle
• Knee, ankle, and foot injuries from bracing for impact or slamming into the dashboard
• Internal organ damage and bleeding that may not present symptoms right away
• Emotional and psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to driving or riding in vehicles

Medical expenses, lost income, and intangible losses from injuries can accumulate significant sums, often reaching tens or hundreds of thousands of dollars. A Landover auto accident attorney can assist in evaluating the complete scope of your damages and advocate for the maximum compensation required to address your present and future needs. Keep in mind that injuries can start out as minor.

Types of Defenses the Other Party May Use

Insurance companies and opposing parties often go to great lengths to avoid liability or minimize the compensation they have to pay out on car accident claims. Be prepared for tactics like:

• Claiming you were partially or entirely at fault for the crash under Maryland’s harsh contributory negligence rule, which bars recovery for injury victims who share any portion of the blame
• Argue you assumed the risk of injury by voluntarily engaging in an activity you knew to be dangerous, like getting into a car with an intoxicated driver
• Assert that your injuries and medical expenses are due to pre-existing conditions not caused or worsened by the accident.
• Allege you failed to mitigate your damages by delaying or neglecting to seek prompt medical treatment or follow your doctor’s orders during recovery

What if the Car Accident is Fatal? Who Can File a Wrongful Death Claim?

Losing a family member in a preventable crash is a devastating tragedy that no one should have to endure. In these heartbreaking situations, Maryland law allows certain surviving relatives to pursue a wrongful death claim against the party responsible for the accident.

Spouse, Child, or Parent

The deceased person’s spouse, child, or parent has the primary right to file a wrongful death claim in Maryland. These close family members are presumed to have suffered the greatest emotional and financial impact from the loss of their loved ones. If any of these relatives wish to pursue a claim, they must do so within three years of the date of the deceased’s death, in accordance with the state’s statute of limitations.

Other Relatives Who Were Financially Dependent

If the deceased person does not have a surviving spouse, child, or parent, a wrongful death claim can be brought by any blood relative or spouse’s relative who was substantially dependent on the deceased for financial support. This may include siblings, grandparents, or other extended family members who relied on the deceased’s income to meet their basic needs. These relatives must demonstrate their financial dependence and file the claim within the three-year statute of limitations.

Potential Wrongful Death Damages

When a car accident claims the life of a loved one, the emotional toll on surviving family members is immeasurable. Families often face significant financial hardships, especially if the deceased was the primary breadwinner or caregiver. While no amount of money can ever replace a cherished family member, pursuing a wrongful death claim can help ease the financial burden and provide a sense of justice and accountability.

In a successful wrongful death case, surviving family members may be entitled to recover various types of damages, including:

• Loss of financial support and benefits: This includes the income, benefits, and inheritance the deceased would have provided to the family had they lived. Factors such as the victim’s age, earning capacity, life expectancy, and the needs of the surviving family members are considered when calculating these damages.
• Loss of care, companionship, and guidance: The emotional support, love, and guidance provided by the deceased are invaluable to their family. Surviving spouses may be compensated for the loss of consortium, which encompasses the intangible benefits of the relationship, such as affection, comfort, and intimate relations. Children may recover damages for the loss of parental care, nurturing, and guidance.
• Funeral and burial expenses: The unexpected costs of a funeral, burial, or cremation can add a significant financial strain on grieving families. These expenses are recoverable in a wrongful death claim, allowing family members to focus on honoring their loved one’s memory without worrying about the associated costs.
• Mental anguish and grief: Losing a loved one in a sudden and tragic event can cause severe emotional distress, including depression, anxiety, and post-traumatic stress disorder (PTSD). While it’s challenging to put a monetary value on these intangible losses, courts recognize the profound impact of grief and may award damages to compensate family members for their emotional suffering.

• Punitive damages: In rare cases involving particularly egregious conduct, such as drunk driving or intentional wrongdoing, the court may award punitive damages to punish the at-fault party and deter others from engaging in similar behavior. These damages are awarded in addition to the compensatory damages described above and are intended to send a strong message that such reckless or malicious actions will not be tolerated.

How Jaklitsch Law Group Can Help

At Jaklitsch Law Group, we understand that the challenges you face after a serious car accident can feel overwhelming. You’re dealing with painful injuries, medical bills that you can’t seem to catch a break from, time away from work, and the stress of an uncertain future. When you trust us to fight for you, we will:

• Provide a free, no-obligation consultation to discuss your case and explain your rights
• Conduct a thorough, independent investigation to gather critical evidence like police reports, medical records, eyewitness statements, and surveillance footage
• Consult with accident reconstruction specialists, medical professionals, and other experts to build the strongest case possible
• Handle all communications and negotiations with the insurance company and their legal team
• Take your case to trial if the other side refuses to offer a fair settlement
• Keep you informed and involved at every stage of the process

Don’t Wait Too Long to File Your Car Accident Claim

In Maryland, you have a limited amount of time to pursue legal action against the at-fault party. The statute of limitations provides just three years from when the crash occurred to file your lawsuit to seek compensation for injuries and losses. While this may seem like a lot of time, you should act quickly to protect your rights and build the strongest possible case.

As time passes, critical evidence from the accident scene can disappear, including physical debris, skid marks, and video surveillance footage. Eyewitnesses may become harder to locate, and their memories of the event won’t be the strongest. Delaying medical treatment can also make it more challenging to connect your injuries to the accident and prove the full extent of your damages.

Call Jaklitsch Law Group Today for Help with Your Car Accident Claim

After a serious car accident, it’s normal to feel lost and alone. You’re facing many challenges, from healing your injuries to keeping up with expenses while you’re out of work. It’s a heavy load to carry alone, but help is available. Contact our team today for a free consultation.