You can file a lawsuit against the other driver. Your lawyers will have to show not only that the other driver was drunk, but also that they caused the crash.
Baltimore, MD – Each year, 200 people on average are killed in drunk driving accidents on Maryland roads and more than 1,000 people sustain injuries that are serious enough to warrant a visit to the ER. In Baltimore, drunk driving crashes account for more than one-third of all traffic fatalities.
To make matters worse, DUI accident victims in Maryland may have a hard time recovering damages as the state laws are quite restrictive as compared to other parts of the US. To protect your rights, it is highly recommended that you talk to experienced Baltimore DUI accident lawyers before taking any legal action.
You may not be able to recover any damages
When involved in a drunk driving accident, any driver would assume that recovering damages will be a breeze as the other driver was intoxicated.
In Maryland, a driver may be charged with DUI (driving under the influence) if their blood alcohol content (BAC) is .08 or higher, or they may face a DWI (driving while intoxicated) charge if their BAC is .07 and they are presumed impaired. Both charges carry various penalties, including possible jail time. However, this has nothing to do with you and the damages you deserve.
The main reason you need to talk to good Baltimore accident lawyers is that Maryland follows the contributory negligence doctrine. This means that you risk losing the right to recover any damages if it is determined that you were somewhat to blame for the crash. Most states use the comparative negligence rule, according to which damages can be reduced by a percentage corresponding to your percentage of fault. In Maryland, you will be barred from recovering damages if you committed even a minor traffic law violation.
Maryland is an at-fault state so to recover damages you must file a claim against the drunk driver’s insurance. Don’t talk to the insurer before seeking legal counsel. Keep in mind that anything you tell the insurance adjuster can and will be used against you.
If, for instance, you happen to mention the accident occurred at 3.47 pm, they’ll ask how do you know exactly. ‘I was just looking at my phone when the drunk slammed into my car,’ you’ll say. Wrong answer! If you were looking at the phone, just for a second, you were perhaps a bit distracted, which makes you partially to blame so no damages for you.
You cannot sue the establishment where the driver got drunk
Assuming they cannot pin any sort of blame on you, you may recover compensatory damages from the drunk driver’s insurance. What if their coverage is not enough to compensate you for all your financial losses?
You can file a lawsuit against the other driver. Your lawyers will have to show not only that the other driver was drunk, but also that they caused the crash.
Unfortunately, Maryland does not have a Dram Shop law. Many other states do and such law allows DUI accident victims to sue a bar or restaurant if they sold alcohol to an individual who was visibly intoxicated or to someone under the age of 21.
Maryland does have a social host law. Under this law, an adult host providing alcohol to a minor may face criminal charges if that person then causes an accident. The victim, on the other hand, cannot sue the host for damages.
Attorneys Near Me
If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on usattorneys.com. Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area.
Join the conversation!