Recovering Damages as An Injured Passenger in Maryland

Even though drivers are more likely to get injured in an accident than passengers, many passengers also suffer horrible injuries. These accidents don’t only happen when you ride with some friend or family, but when you order a cab or Uber too. Car manufacturers do their best to improve vehicle safety like implanting extra airbags and warning systems to keep the occupants safe. However, crashes still occur and passengers have the right to file a personal injury to compensate for their losses.

Drivers are responsible for safely operating a vehicle and ensuring the safety of all passengers. On the other hand, passengers have no control over the vehicle and therefore have a lower level of responsibility in case of an accident.

A passenger injured in a crash does not need to prove liability since they were not driving the vehicle. However, there are some cases where legal matters can become complicated, particularly when both parties refuse to settle. In such situations, it may be beneficial to hire a personal injury attorney to assist with handling legal matters and avoiding any further complications.

What Should a Passenger Do After an Accident in Maryland?

If you have been injured in a car accident in Maryland as a passenger, you should immediately seek medical attention and contact law enforcement. In some cases, the driver can’t do so because of the severity of the injuries or isn’t able to get out of the vehicle.

Maryland state doesn’t require filing the police report and calling them since sometimes they don’t even come if the crash doesn’t involve severe injuries. Nevertheless, the police report can later assist when filing a personal injury claim since it contains all information on what happened in an accident.

Before leaving the accident scene certain evidence should be gathered. It is advisable to take pictures or videos of the scene and damages to the property. Also, check for any witnesses or city cameras around the scene. If the driver can’t do so, try to get personal and insurance information from the other party involved in an accident. All this evidence and documentation will be considered when filing a personal injury claim and can guarantee the compensation deserved.

Proving the Liability

When an accident occurs, both passenger and the driver can be held liable.

Sometimes the passenger was the one who distracted the driver, caused the crash, and ended up injured. In this case, contributory negligence steps in, disabling the injured passenger to claim any compensation.

Contributory negligence is very harsh in Maryland and it is almost impossible to avoid it if being even 1% at fault for the accident. The person who contributed to the accident in any way, even a little, won’t be able to get any reimbursement for damages.

But, we already said that it is almost always the driver’s fault so they are held liable for the accident in most cases. The most advisable thing, if you are an injured passenger, is to avoid filing a claim against your insurance company right away. Hire a personal injury attorney who will assist you so you get fully compensated. Insurance companies may find even the smallest reason why they shouldn’t repay you the whole amount.

Suing the driver who was negligent is the best thing to do, but what if it is a family member or a good friend?

These scenarios can be a bit tricky, especially from the moral point of view. All injured passengers need to remember one thing which is that they won’t directly sue the person but his/her insurance company. Passengers’ health should be their number one priority and they should seek the best possible medical attention.

So, even though suing a family member can be uncomfortable, the passenger who is injured should do what is best for her/him. Injuries can sometimes be permanent in the sense that the passenger may never be able to recover completely and face a lifetime of medical assistance.

Negligence and Other Causes of an Accident

Negligence is among the most common reasons an accident occurs. Usually, the driver is at fault for being negligent and causing injuries to third-party. Many different types of negligence can cause a crash and those include:

• Distracted driving – using a cell phone while driving, grooming, reaching for snack or water, adjusting radio station, etc.
• Speeding – this may also involve aggressive driving and behavior behind the wheel.
• Driving under the influence – This concerns those who decide to operate the vehicle under the influence of drugs or alcohol.
• Unsafe lane change
• Unsafe or improper left turn
• Tailgating
• Drowsy driving

Other causes involve situations and scenarios where the driver is not liable for the accident. In case the passenger gets injured in an accident where the cause is something besides the driver, he/she can still get compensated. Other causes involve the following:

• Weather events – When snowstorms, sandstorms, rainstorms, etc., occur, driver may easily loose the control of the vehicle, or their vision can be impaired. It is still expected from the driver to operate the vehicle in accordance with weather conditions.
• Mechanical defects of the vehicle – If there was any issue with the vehicle’s motor or something else, the manufacturer, mechanic, or third party who sold the vehicle will be held liable.
• Faulty traffic lights and signs, lack of proper road maintenance, or road design – Those responsible for road maintenance will be liable in this case.

What is the Statute of Limitations in Maryland?

In Maryland, an injured party has a three-year limit to file a compensation claim. In case he/she doesn’t meet the deadline, it wouldn’t be possible to compensate for damages. In some circumstances, the victim has more time to file a case. Those exceptions are:

• If an injured party is minor during an accident, the clock starts ticking from the moment a person becomes an adult. In Maryland that is when a person turns 18.
• For wrongful death cases, the time begins from the date of death.
• If the case is against government entity (road malfunction and other traffic causes), an injured party would have to provide notice of his/her claim before the statute of limitations comes to power.
• In case a person is mentally incomprehensible at the moment of an accident, the time starts from the moment the party becomes mentally comprehensive again.

Recovering Damages from an Accident

The injured party will be eligible for compensation to recover the loses if proving the negligence.

A passenger injured in an accident may suffer both emotionally and physically, so they’ll be able to receive both economic and non-economic damages.

Economic damages concern financial cost which one endures after being injured in an accident. These damages can be easily calculated based on reports, receipts, and employer’s statement, etc. The include the following:

• Lost wages – fir current and future job income
• Damage to vehicle – mechanic repairs or vehicle replacement
• Medical expenses – medical attention received on the scene, hospital transport and stay, tests and analysis, recovery, and future treatments.

Non-economic damages don’t have monetary value and can’t be calculated by a set formula. It is very hard to put a price tag on how much someone suffered mentally and emotionally. In some cases, a passenger lost a loved one, or suffered severe injuries and remained permanently disabled. So many victims have the tendency to develop PTSD, anxiety, depression, etc. The quality of life can be completely ruined, and person isn’t able to function properly again in society.