Germantown, MD Car Accident Lawyers

A car accident can change your life in a matter of seconds. A routine drive through Germantown can turn into a serious crash caused by distracted driving, speeding, reckless driving, an impaired driver, or simply another driver’s failure to follow the rules of the road. Even a relatively minor accident can still result in significant medical bills, missed work, vehicle damage, and injuries with symptoms that last for months or years.

If another driver caused your accident, you may be able to seek compensation for your medical expenses, property damage, pain and suffering, lost wages, and other losses. However, dealing with an insurance company after an injury can be challenging. Our experienced Germantown car accident attorneys will take on the insurance company for you, fighting to get you maximum compensation.

At Metzger Wickersham, our personal injury lawyers represent people injured in motor vehicle accidents in Montgomery County, Maryland. If you were injured in a car accident, we can help you evaluate what happened, identify all responsible parties, document your losses, and pursue the compensation available to you under Maryland law. Contact our law firm today for a free initial consultation with a member of our team.

What Should You Do After a Car Accident in Germantown?

The minutes and days following an accident can have an important impact on both your health and your potential injury claim. If you are physically able to do so, consider taking several steps after a crash.

1. Get Medical Attention: Your health should be your first priority. Seek emergency medical care if you have serious injuries or symptoms requiring immediate medical attention. Even if you feel OK, consider getting evaluated by a medical professional. Some accident-related injuries may not cause obvious symptoms right away. Follow your healthcare provider’s recommendations and keep records of appointments, diagnoses, prescriptions, treatment, and other accident-related medical care.

2. Report the Crash: In some circumstances, police should be contacted after a collision. Maryland law requires drivers in accidents that result in bodily injury or death to stop and remain at the scene and provide required information. A police report can also provide useful information about the collision, including the location, vehicles involved, statements from drivers or witnesses, and the responding officer’s observations.

3. Exchange Information: Obtain the other driver’s name, contact information, driver’s license information, vehicle registration information, and insurance details. If possible, also obtain the names and contact information of witnesses. Avoid arguing with another driver or making statements about who was responsible for the crash. The circumstances may be more complicated than they initially appear, and anything that you say (including an apology) could be used against you. You should also get contact information for any witnesses.

4. Document the Scene: If your injuries allow you to do so safely, take photographs or videos of:

   • Vehicle damage
   • Road conditions
   • Traffic signals and signs
   • Skid marks or debris
   • The surrounding intersection
   • Visible injuries
   • Property damage

Pictures taken shortly after a collision may help to preserve evidence that could disappear later.

5. Notify Your Insurance Company: You should generally notify your insurer about the accident and follow the requirements of your policy. However, this does not mean that you should make a statement to the at-fault driver’s insurance company or accept an immediate settlement. Keep in mind that the insurance company is protecting its own interests, not yours, and be cautious in all interactions with adjusters and other insurance company representatives.

Finally, you should reach out to a Germantown car accident attorney to schedule a free initial consultation. While you may or may not decide to pursue a claim, it’s always a good idea to get a better understanding of your rights before making any decisions.

Common Causes of Car Accidents in Germantown, Maryland

Car crashes can happen for many reasons. Determining why the collision occurred can be an important part of establishing liability for your car accident case. Common causes of car accidents in Germantown include:

• Distracted Driving: Drivers who text, use mobile devices, adjust navigation systems, eat, or otherwise divert their attention from driving can create dangerous conditions. A driver may only look away from the road for a few seconds, but that can be enough to cause a rear-end collision, intersection crash, or a pedestrian accident.

• Speeding: Driving too fast reduces the amount of time available to react to changing traffic conditions. Speed also increases the force involved in a collision, potentially making injuries more severe.

• Failure to Yield: Intersections can be particularly dangerous when drivers fail to yield the right of way. Turning vehicles, vehicles entering traffic, and drivers making left turns can all cause serious accidents when they fail to recognize or obey traffic controls or follow the rules of the road.

• Driving Under the Influence: Alcohol and drugs can impair reaction time, judgment, coordination, and concentration. A collision involving an impaired driver may result in serious injuries and may involve additional evidence from police testing, citations, or criminal proceedings.

• Aggressive or Reckless Driving: Tailgating, unsafe lane changes, racing, running red lights, and other reckless behaviors can put everyone on the road at risk.

• Fatigued Driving: Exhaustion can affect a driver’s attention and reaction time in ways similar to impairment. Commercial drivers and people who spend long hours behind the wheel may be particularly vulnerable to fatigue-related driving problems, causing truck accidents and other types of crashes.

No matter what the underlying reason for the crash may have been, if another driver caused your car accident, you may be able to pursue a claim against them for your losses.  Our Germantown, Maryland car accident attorneys can investigate your case and fight for your right to full compensation.

Who Is Responsible for a Maryland Car Accident?

Under Maryland law, a driver who causes a motor vehicle accident can be held financially responsible for any injuries or losses that result.  Generally, if the other driver was negligent (careless) in some way, they could be liable for your injuries. Alternatively, if the other driver recklessly or intentionally caused your crash, they could also be held responsible for your losses.

Most Maryland car accident cases are based on negligence, which is the failure to use the level of care that a reasonable person would use in a similar situation. The accident victim (plaintiff) has the burden of proving that the at-fault driver (defendant) was negligent. This involves introducing proof of the following four elements:

1. Duty: The defendant owed the plaintiff a duty to use reasonable care.
2. Breach: The defendant violated that duty in some way, such as by speeding
3. Causation: This violation was the direct cause of the accident.
4. Damages: The plaintiff suffered losses as a result.

Because the plaintiff has the burden of proving fault, their Germantown car accident attorney will gather evidence such as:

• Police reports
• Photographs and video
• Eyewitness accounts
• Medical records
• Vehicle damage
• Traffic camera footage
• Cellphone records
• Vehicle data
• Accident reconstruction analysis
• Insurance records
• Driver statements

The goal is to develop a factual picture of what occurred before, during, and after the collision. 

Keep in mind that the insurance company will also be conducting its own investigation into the cause of the accident. The insurance company will be looking for any evidence to undermine your claim so that they can pay you less or deny your claim entirely. That is why it is so important to have skilled legal representation to advocate for your interests.

Understanding Maryland’s Contributory Negligence Rule

Maryland is one of just a handful of states where you can be barred from recovering compensation after an accident if you were even slightly at fault for the crash. This rule is known as contributory negligence. 

With contributory negligence, if you are as little as 1% at fault for an accident, then you may not be able to recover any money for your injuries. This incredibly harsh rule can make it very difficult for accident victims to get the money they deserve after a motor vehicle accident.

It also makes it all the more important to have a skilled Germantown car accident attorney to represent you. Insurance companies will work hard to prove that you bear some responsibility for an accident. Your lawyer can perform their own investigation to prove that you were not at fault for the crash and that you should get full compensation for your injuries.

What Compensation Can You Recover After a Car Accident?

If you are hurt in a motor vehicle accident in Maryland, you may be able to recover money for your losses. Typically, this includes two types of compensatory damages: economic and noneconomic damages. In more unusual cases, you may also be able to recover punitive damages.

As the name implies, compensatory damages compensate a victim for their losses. Punitive damages are a bit different. The goal of punitive damages is not to compensate an accident victim, but to punish someone who engaged in intentional or reckless conduct.

Economic damages include money for your direct financial losses. They may include:

• Property damage
• Medical bills
• Future medical treatment
• Lost wages
• Reduced earning capacity

It can also include money for other types of expenses, such as the need to renovate your home to make it accessible.

Noneconomic damages pay for your intangible losses. These kinds of losses are harder to quantify, because you won’t get a bill or invoice for them. However, your Maryland car accident attorney will use their experience and consult with experts to develop a claim for losses such as:

• Pain and suffering
• Reduced quality of life
• Scarring
• Disfigurement
• Emotional distress
• Permanent disability 

Finally, while punitive damages aren’t available in ordinary negligence cases, they may be awarded in rare cases where the defendant acted egregiously. For example, if you were injured in a drunk driving accident, you could potentially seek punitive damages as part of a car accident lawsuit.

Studies show that people who are represented by counsel recover significantly more money in personal injury claims compared to people who represent themselves. If you have been hurt in an accident, our law firm will fight to get you full compensation for your losses.

Contact Our Law Firm Today to Talk to a Germantown Car Accident Lawyer 

Being in a car accident can be incredibly traumatic. In the aftermath, you might not know what to do or where to turn for help. Fortunately, you don’t have to go through the legal process alone.

At Metzger Wickersham, we are fierce advocates for injury victims in Germantown and beyond. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we get money for you. To learn more or to schedule a free consultation with a Germantown car accident attorney, give us a call at 240-946-9461 or fill out our online contact form.