Motor tort is a legal term for a breach of duty arising from the negligent operation of a motor vehicle. In other words, tort is when someone causes an accident involving a car, truck, or motorcycle that results in injury or property damage.
According to the latest data collected by the state, 107,886 Marylanders were involved in motor tort claims in a single year.
If you’re involved in a motor tort claim, you need to seek out the guidance of an experienced Lanham car accident attorney to help you file the claim and negotiate a fair settlement.
The bottom line is that if someone else crashes into your vehicle, you should not suffer any financial losses, and you should be compensated for your pain and suffering. As you move forward with your claim, it will help you to understand the boundaries of the law.
Defining Motor Torts Under Maryland Law
When you file a motor tort claim, you assume the burden of proof to establish who the at-fault party is and what your damages are. In order to prevail over a motor tort claim, you need to establish the following four fundamental elements:
- Duty: Every driver owes a duty of care to other motorists, pedestrians, and cyclists. That duty is to obey traffic laws and drive safely.
- Breach: A breach occurs when the at-fault driver breaches that duty by acting carelessly. That can mean speeding, texting, running a red light, or driving under the influence.
- Causation: This is the direct link between the at-fault driver’s negligent actions and your injuries and damages.
- Damages: These are your actual, measurable losses, including medical bills, lost wages, and damage to your car.
Your attorney will be able to gather all the relevant evidence, such as traffic surveillance footage, police reports, medical records, and car repair estimates.
Those will become the foundation of your tort claim.
The Role of Contributory Negligence in Maryland
Maryland follows a strict contributory negligence doctrine that can have a major impact on the outcome of your tort claim.
This is often referred to as the “all or nothing” rule. Most states follow comparative fault, which allows you to seek compensation in an accident even if you were partially at fault for the accident.
Not in Maryland.
Here, if you are found to be even 1% at fault in an accident, you will be denied the opportunity to seek any compensation.
Because of this rule, insurance adjusters who investigate accidents will aggressively look for ways to shift the blame for the accident onto you. If it can be established that you were driving over the speed limit at the time of the accident, or failed to use a turn signal, the adjustor might argue that this contributed to the crash.
This is why you need to fortify your claim with strong evidence.
Types of Damages Recoverable in a Motor Tort
You should never be out-of-pocket for any expenses related to a car accident that was caused by another driver. A motor tort claim entitles you to recover compensatory damages that would make you whole again.
You’re also entitled to seek punitive damages that would apply to extreme incidents of a driver’s recklessness.
You can claim the following types of damages.
Economic Damages
These represent your calculable, out-of-pocket financial losses, supported by receipts, invoices, and bills. They include:
- Emergency room visits
- Surgeries
- Hospital stays
- Physical therapy
- Future medical care
- Medical supplies
- Medication
- Lost wages
- Loss of earning capacity
- Costs to repair or replace your vehicle
- Replacement or repair of personal items damaged in the crash
Non-Economic Damages
These cover the subjective, non-financial costs that reflect how the injury has impacted your life.
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages
Punitive damages are typically awarded by juries in civil lawsuits. They often apply to extreme cases of negligence, such as drunk driving or extreme road rage. The intent is to punish the at-fault driver’s highly reckless behavior to deter similar conduct.
How a Maryland Personal Injury Attorney Can Help
In Maryland, you have three years from the date of the accident to file a motor tort claim.
That might seem like a long time, but when you factor in evidence collection, investigation, damage assessment, and the involvement of insurance companies, the time can go by quickly. It’s important to remember that filing a claim directly with the insurance company does not “stop the clock.” That only happens when you file a civil complaint. That is where GDH Law’s support will prove crucial.
We are an experienced team of attorneys who have helped many Maryland residents file claims that hold at-fault drivers accountable.
We understand what evidence is needed to support your version of the accident and fortify your claim against the contributory negligence doctrine.
When we take on a client, we are laser-focused on helping them secure the maximum benefits they are entitled to. If you’ve been involved in a car accident, you’ll want to know what should happen next. Reach out to our office for a free case review.
We can answer your questions and provide guidance. Don’t let the time run out.
