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What is Liability?

How Does it Affect the Way I can be Compensated After an Accident? An Inside Look at Liability for Car Collisions in Bowie, Greenbelt, Hyattsville, Clinton, Laurel, College Park, Landover and Other Cities in Prince George’s County, Maryland

Liability is generally defined as the state of being responsible for something. The term “liability” is usually used in the legal or insurance context in the determination of damages or the compensation that one is owed. Legally, liability is defined as any legally enforceable claim on the assets of a business or property of an individual as a result of that individual’s failure to meet a responsibility.

In vehicle collisions, a negligence standard is applied. This means that another person’s negligence has caused you harm. To better understand the negligence standard you must break it down into the various parts of proving negligence:

  1. Duty
    1. First you must prove that the other driver owed you duty. In other words, the other driver had a responsibility to act or refrain from acting in a certain way. In this particular case, the law puts a duty or responsibility on drivers to drive safely and responsibly. For example, the Maryland Code for Transportation, specifically Title 21, outlines the various rules of the road. The rules outline every driver’s responsibility in the State of Maryland.
  2. Breach
    1. To prove breach, you must show that the other driver acted in a way that violated their duty to act or refrain from acting in a certain way. Common violations include:
      1. Failure to keep vehicle under control
      2. Failure to give full time and attention;
      3. Failure to keep a proper lookout;
      4. Failure to reduce speed to avoid collision;
      5. Unreasonable operation of a vehicle under conditions existing;
      6. Failure to obey traffic control devices;
      7. Negligent driving;
      8. Reckless driving;
      9. Failure to yield right of way; and
      10. Improper turn.
  3. Causation
    1. As a plaintiff you must prove that the other driver’s actions were an actual cause of your injuries. An experienced Maryland car accident attorney’s consultation is important because many cases fail because of the lack of the ability to prove causation. This is because often there is an issue of proximate cause. Proximate cause essentially
  4. Damages
    1. a. Finally you must be able to prove that there was legally recognized harm, which usually occurs in the form of a physical injury to your person or to property. There must be actual harm that occurs.

This brief look at liability and negligence by no means is an exhaustive presentation on the topics. Even if you are confident without any doubt about the different parts of negligence being present in your case, you need an experienced Maryland Personal Injury Attorney to make a case and actually win and get you your money. A skilled accident attorney will be able understand all of the facts and evidence to make a case. They will also understand how to properly calculate damages through medical bills, lost time from work and even push forward in negotiating a settlement.

The lawyers at Foran & Foran P.A. have almost 70 years of experience in taking on various personal injury cases. We understand the various courts in the State of Maryland as well as the large and small insurance companies. Please contact us today to discuss your vehicle collision as part of a free consultation. Call us at (301) 441-2022. Or contact us online. Let Our Family Help Your Family! We look forward to hearing from you.

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