Rear-end collisions are the most common type of car accident in Rockville, especially along the congested stretches of I-270 and Rockville Pike. While these accidents are often dismissed as “fender benders,” they frequently result in serious soft-tissue injuries, whiplash, and long-term spinal issues.
Recovering compensation for a Maryland rear-end collision is complicated by the state’s strict “contributory negligence” law. Understanding how this rule works and how to prove the other driver was 100% at fault is essential for your personal injury claim.
Maryland’s Harsh Contributory Negligence Law
Maryland is one of only four states that still follows the doctrine of pure contributory negligence. This rule states that if an injured person is even 1% at fault for the accident, they are completely barred from recovering any compensation from the other driver.
Insurance companies know this rule well and will look for any reason to blame you. In a rear-end case, they might argue that your brake lights were out, you made a sudden and unnecessary stop, or you were distracted and failed to move when the light turned green.
Presumption of Fault and Evidence
Generally, there is a presumption that the rear driver is at fault for failing to maintain a safe following distance. However, this presumption is rebuttable. To win your case, we gather:
- Traffic Camera Footage: Many intersections in Montgomery County have cameras that can prove the other driver was speeding or distracted.
- Phone Records: Proving the other driver was texting at the moment of impact is a powerful way to establish 100% liability.
- Damage Patterns: The angle and force of the impact can tell a story about how the accident happened.
Medical Documentation and Damages
Soft-tissue injuries like whiplash often have delayed-onset symptoms. You might feel fine at the scene but wake up the next morning in excruciating pain. It is vital to seek medical attention immediately to document the link between the crash and your injuries.
We help our clients recover damages for:
- Medical Bills: Including physical therapy and future care.
- Lost Wages: If your injuries prevent you from working.
- Pain and Suffering: Compensation for the physical and emotional toll of the accident.
If you’ve been injured in a rear-end crash, don’t let the insurance company blame you for an accident you didn’t cause. Call my office today for a free consultation to protect your right to compensation.
