Q: The driver who caused my Maryland car accident violated a traffic law. How can I use this to my advantage?
First, keep in mind that a Maryland personal injury lawsuit is considered a civil case, not a criminal case. This is an important distinction because the two courts have very different goals.
In a criminal case, the prosecutor is typically a government entity out to prove that the accused broke the law and therefore is subject to the fines or jail time typically associated with the crime in question. The fact that the law was broken is at the crux of a criminal lawsuit.
In a civil case, the victim of an accident brings a personal complaint against the responsible person, alleging that injury or damage occurred to the victim due to the actions of the defendant. The goal of a civil case is to get compensation for the injury and any associated damages (such as medical bills).
While it is necessary to prove that the other person is at fault in a civil case, it is not necessary to prove that the defendant broke the law. In fact, it is possible to have a personal injury lawsuit where no law was broken.
With that said, if you do have proof that the other drive broke the law, you may very well get a higher settlement. This is because the fact that the law was broken points to willful carelessness by the defendant.
If you have been seriously injured in a car crash in Maryland, you should speak to a lawyer about filing a civil lawsuit. An experienced Maryland car crash lawyer can help you put together a convincing argument to get you the best compensation possible.
For a free consultation, call Nickelsporn & Lundin at 800-875-9700.