Fault in Maryland Motor-Vehicle-Accident Claims

Why You Must Prove Fault | How to Prove Fault

Fault in Maryland Motor-Vehicle-Accident ClaimsIn Maryland, as in the majority of states, auto insurance is based on an at-fault approach, which means that if you’re injured in a motor vehicle accident, you must seek compensation from the at-fault party’s insurer. If you can’t prove that the defendant caused the accident, you won’t be able to recover benefits from their insurance provider.

In a motor vehicle accident, as with most personal injury claims, proving fault or liability is almost always a matter of proving negligence. To successfully prove negligence (fault), you must demonstrate to the court that:

  • The defendant (person being sued) did not act as a reasonable person would in the same circumstances—This is also referred to as a “breach of the standard of care.”
  • The breach caused an accident—Causation has two parts. First, you must prove that the accident would not have occurred had the defendant acted reasonably. Second, you must show that the accident and the injuries it caused were “reasonably foreseeable” as a consequence of the breach of the standard of care.
  • You suffered actual or measurable losses because of the accident.

Results-Oriented Baltimore County Personal Injury Attorney

Jonathan Scott Smith, a Maryland SuperLawyer, offers more than 30 years of experience to victims of personal injury across the state of Maryland. Named a Top-Rated Lawyer by The American Lawyer magazine, attorney Smith has consistently received an AV-rating under Martindale-Hubbell’s Peer Review Rating System, a testament to the regard with which he is held by his colleagues in the legal profession. He has also been lauded by his clients, earning AVVO’s Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), and a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Effective Frederick County Wrongful Injury Lawyer

When you suffer injury in any type of accident caused by the negligence of another person, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101