In the aftermath of a motor vehicle accident, when you’re seeking to recover damages for your losses, it’s common to look first to the other motorists to determine who caused the accident. But what if the driver of the car you were traveling in was responsible for the crash? Can you seek compensation from that person for your losses? Are there any situations where you can’t?
Personal Injury Lawsuits in Maryland
As a practical matter, virtually all such claims are based on a legal theory of negligence. To recover under a negligence claim, you must show that:
- The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the circumstances,
- The failure to do so caused an accident or injury, and
- You suffered actual losses as a result.
What If the Person Who Caused the Accident Is a Family Member?
Since Maryland law was changed recently, nothing prohibits you from seeking benefits from your auto insurance company for injuries suffered in an accident caused by a family member. However, you can recover only up to the limits of your insurance policy and cannot obtain a judgment against the family member.
Experienced Maryland Motor Vehicle Accident Attorney
Jonathan Scott Smith, a Maryland SuperLawyer, has been a staunch advocate for victims of personal injury across Maryland for over 30 years. Attorney Smith has long been AV-rated under Martindale-Hubbell’s Peer Review Rating System, a testament to the high regard with which he is held by his colleagues in the legal profession. He has also earned the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), and he has been rated a perfect 10.0 (Superb) by AVVO as a trial attorney. The American Lawyer magazine has named him a Top-Rated Lawyer.
Knowledgeable Baltimore Auto Wreck Claims Lawyer
If you’re injured in a car accident, we can help. Contact attorney Jonathan Scott Smith by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.