What Must I Prove To Win My Car Accident Case

Maryland, Virginia and the District of Columbia have some of the most difficult laws in the United States for winning an automobile case.   For you to recover damages from the defendant driver we must prove:

•  The driver owed you a duty;

•  That the driver failed to fulfill his duty to you;

•  That you did not contribute to the injury in any way; and

•  That the failure was the cause of your injury

Each of these concepts are discussed in more detail below.

Every operator of a vehicle has a duty to operate their vehicle in a manner that a reasonably prudent person would under similar circumstances.   When a driver fails to do so by going too fast, goes through a red light, follows too close, etc. then they have failed to fulfill their duty to you and are considered negligent.   Frequently, the mere violation of a law will be considered negligence.

The next step is to prove that you were free from negligence.   Unfortunately, Maryland Virginia and the District of Columbia are the few remaining jurisdictions that have a contributory negligence rule.   This means that even if the other driver was the primary cause of the accident, if you were at all at fault, then you may not recover any damages!   This is why it is crucial that you do not speak to any insurance company before you speak with us.   Innocent statements such as, "I didn't see him coming" can be taken out of context and used to prove that you were negligent as well.  

The final step is to prove that the injury you are suffering from was caused by the negligent act.   This is why it is important to see a physician as soon as possible after the accident if we you are suffering any physical discomfort.   Insurance companies will frequently defend claims by arguing that there was too much time between the accident and the first medical treatment to believe that the injury was caused by the accident.   If you have ever had any prior medical treatment to the area of the body that is now hurting you or the accident was a low speed collision their argument is enhanced.    Therefore, it is vital that you see a physician immediately.