Car and Motor Vehicle Collision Claims in Prince George's County, MD
Most Maryland collision claims are lost in the first two weeks, before a lawyer is ever involved. They are lost in a recorded statement, in an unguarded remark at the scene, or in a gap in medical treatment that an adjuster will later describe as evidence that you were not really hurt.
Contributory Negligence Changes Everything
Maryland applies pure contributory negligence. A plaintiff whose own negligence contributed in any degree to the injury is barred from recovering, without regard to how much more responsible the other driver was. The Supreme Court of Maryland declined to abandon the doctrine in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), leaving the question to the General Assembly, which has not acted. The narrow judicial exception is the last clear chance doctrine, which can preserve a claim where the defendant had a final opportunity to avoid the collision and failed to take it.
The practical consequence is that a Maryland defense lawyer does not need to prove you caused the crash. It is enough to persuade a jury that you were partly inattentive, that you were traveling slightly above the limit, or that you could have braked sooner. If you are determined to be even 1% negligent, then you are completely barred from recovering anything. This is why the investigation in a Maryland collision case must begin immediately and must be directed as much at defeating the contributory negligence defense as at proving the other driver's fault. Read more on: INSERT
Insurance Coverage in Maryland
Maryland requires liability coverage, and it requires insurers to offer both personal injury protection and uninsured and underinsured motorist coverage, each of which can be waived in writing. Whether you waived them, and in what amounts, frequently determines what your claim is actually worth—particularly in Prince George's County, where a meaningful share of at-fault drivers carry minimum limits or no coverage at all. Uninsured and underinsured motorist claims carry their own procedural traps, including the requirement to obtain your own carrier's consent before settling with the at-fault driver's insurer, and settling without that consent can extinguish coverage that would otherwise have been available. See INSERT LINK www/maryland-uninsured-underinsured-motorist/.
Deadlines
Under Md. Code, Cts. & Jud. Proc. § 5-101, the general limitations period for a Maryland negligence action is three years from the date of injury, and the period is tolled for a claimant who is a minor. A shorter and far less forgiving deadline applies if a local government or one of its employees is involved: the Local Government Tort Claims Act requires written notice within one year of the injury, and in Prince George's County that notice must be delivered to the county attorney. A collision with a county vehicle, a school bus, or a county employee driving in the scope of employment triggers that requirement, and it is missed routinely because the government's involvement is not always obvious at the scene. See [[ link: /lgtca-notice-requirement/ ]].
What to Do Now
Get medical evaluation and follow through with the treatment that is recommended, because gaps in treatment are the single most common argument insurers use to discount a claim. Photograph the vehicles, the scene, and your injuries. Obtain the names of witnesses. Decline to give a recorded statement to the other driver's insurer until you have spoken with a lawyer, which you are not obligated to do. Preserve the damaged vehicle if it has not yet been repaired or salvaged.