What Should I Do Immediately After a Car Accident Injury?
Miller Berman represents individuals across Maryland in both criminal defense and personal injury matters, handling cases that can have a serious impact on a person’s freedom, finances, and future. Because these situations often raise urgent and confusing legal questions, the firm has compiled this FAQ to address many of the issues people commonly search for after an arrest, accident, or injury. The information below is intended to provide a general understanding of how Maryland law applies in these types of cases.
Q: What should you do immediately after a car accident?
A: After a car accident, seek medical attention, contact law enforcement, and document the scene if possible. Exchange information with other drivers and avoid admitting fault. Medical records and accident reports are often critical when pursuing an insurance claim or injury lawsuit.
Q: How long do you have to file a car accident lawsuit in Maryland?
A: Maryland generally has a three-year statute of limitations for car accident injury claims. This deadline usually begins on the date of the accident. Failing to file within this period can permanently bar you from recovering compensation for injuries or damages.
Q: Is Maryland a no-fault or at-fault state for auto accidents?
A: Maryland is an at-fault state. This means the driver who caused the accident is financially responsible for resulting injuries and damages. Injured parties typically pursue compensation through the at-fault driver’s insurance or, in some cases, through a personal injury lawsuit.
Q: What is contributory negligence in Maryland personal injury cases?
A: Maryland follows a strict contributory negligence rule. If an injured person is found even slightly at fault for an accident, they may be barred from recovering compensation. This rule applies to car accidents, premises liability claims, and other personal injury cases.
Q: What qualifies as a premises liability claim in Maryland?
A: Premises liability claims arise when someone is injured due to unsafe conditions on another person’s property. Common examples include slip and falls, poor lighting, broken stairs, or icy walkways. Property owners may be liable if they knew or should have known about the hazard.
Q: Who is liable for a dog bite in Maryland?
A: Maryland law generally holds dog owners responsible when their dog bites someone, especially if the dog was not provoked and the victim was lawfully present. Liability may also depend on whether the owner knew or should have known the dog had aggressive tendencies.
Q: What is considered wrongful death under Maryland law?
A: Wrongful death occurs when a person dies due to another party’s negligence or wrongful act. Common causes include fatal car accidents, medical errors, unsafe property conditions, or violent acts. Maryland law allows certain surviving family members to pursue a claim.
Q: Who can file a wrongful death lawsuit in Maryland?
A: In Maryland, wrongful death claims are typically filed by immediate family members, such as spouses, children, or parents. If no immediate family exists, other relatives who were financially dependent on the deceased may be eligible to file a claim.
Q: Do personal injury cases in Maryland always go to trial?
A: No. Many personal injury cases resolve through settlement negotiations before trial. However, if liability or damages are disputed, a case may proceed to court. Each case depends on the facts, evidence, and willingness of parties to reach an agreement.
Q: What evidence is important in a Maryland personal injury claim?
A: Key evidence includes medical records, accident reports, photographs, witness statements, and expert opinions. Strong documentation helps establish liability, prove damages, and counter defenses such as contributory negligence raised by insurers or opposing parties.
Q: What is the difference between DUI and DWI in Maryland?
A: Maryland uses DUI and DWI to describe different alcohol-related driving offenses. DUI generally applies when a driver’s blood alcohol concentration is 0.08% or higher, while DWI often involves a lower BAC or evidence of impairment without a specific BAC threshold.
Q: What penalties can you face for a first DUI offense in Maryland?
A: A first DUI conviction in Maryland may result in jail time, fines, license suspension, and mandatory alcohol education. Penalties can include up to one year in jail, a fine of up to $1,000, and significant points on your driving record.
Q: What happens after a domestic violence arrest in Maryland?
A: After a domestic violence arrest, the accused may be held for a bail hearing and subject to protective orders. Courts often impose no-contact conditions, even before trial. Violating a protective order can lead to additional criminal charges and penalties.
Q: How does Maryland classify drug crimes?
A: Maryland drug crimes are classified based on the type of substance and the alleged conduct, such as possession, distribution, or manufacturing. Controlled substances are categorized into schedules, and penalties increase significantly when distribution or intent to distribute is alleged.
Q: Can you be charged with a drug crime without drugs being found on you?
A: Yes. In Maryland, drug charges can be based on constructive possession, meaning prosecutors may argue you had control over drugs found in a nearby location, such as a vehicle or residence, even if they were not found on your person.
Q: What is drugged driving under Maryland law?
A: Drugged driving occurs when a driver is impaired by drugs, including prescription medication, illegal drugs, or a combination of substances. Maryland law allows DUI charges even without alcohol if drugs affect a driver’s ability to operate a vehicle safely.
Q: Can a misdemeanor charge still result in jail time in Maryland?
A: Yes. Many misdemeanors in Maryland carry possible jail sentences, sometimes up to several years. While misdemeanors are less serious than felonies, a conviction can still lead to incarceration, fines, probation, and a permanent criminal record.
Q: How long does a criminal charge stay on your record?
A: Criminal charges can remain on your Maryland record indefinitely unless they are eligible for expungement or shielding. Eligibility depends on the offense, the case outcome, and the amount of time that has passed since disposition.
Q: What should you do if you are arrested for a criminal offense in Maryland?
A: After an arrest, you have the right to remain silent and request an attorney. Avoid making statements to law enforcement without legal counsel. Court deadlines and bail conditions may apply quickly, making early legal guidance important.
Q: Can multiple charges come from a single criminal incident in Maryland?
A: Yes. Maryland prosecutors often file multiple charges arising from one incident, such as assault combined with domestic violence or DUI combined with drug possession. Each charge carries separate penalties, which can significantly increase overall legal exposure.
If you have additional questions or have been charged with a crime or injured due to negligence, please don’t hesitate to contact Miller Berman for a free initial consultation today.
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