“Whose fault is it?” That’s the big question following any serious car accident in Maryland. The answer determines whether anyone will be charged and who will be allowed to seek compensation for injuries. Here are some of the factors police will consider when determining fault in your car accident:

People Involved

Was anyone ejected from or trapped inside the vehicle? Does anyone have injuries? Are either of the drivers visibly drunk, drugged, or noticeably aggressive?

Vehicles Involved

Where is the damage on each vehicle and what does that say about how the accident occurred? Were any commercial vehicles involved? Did any of the vehicles have a maintenance issue that led to the crash?


  • Time of Day: Was it nighttime or rush hour?
  • Weather: Was it sunny, raining, snowy, or foggy?
  • Road Condition: Was the road surface wet, dry, or icy? Were there any other obstacles, such as debris?
  • Road Engineering: Did the accident occur near a sharp turn or on a steep hill? 

Traffic Rules

What traffic laws were in effect at the time of the accident, and were they followed? For example, was either driver speeding, or did one run a red light or fail to yield?

Outside Factors

Police may also consider external factors that may have led up the crash. For example:

  • Road construction causing a sudden change in traffic
  • Nearby train tracks, bus stop, or school crossing, distracting any drivers
  • Pedestrian or animal crossing the road
  • Mechanical problems with a traffic signal


How did the accident occur according to witness accounts? Do those stories conflict or do the various accounts point to one main cause for the crash?

Using all this information, police investigators skilled in accident reconstruction will determine what caused your Maryland car accident, thereby determining who is eligible for compensation. 

If you need help protecting your rights, call the Maryland car crash lawyers at Nickelsporn and Lundin at 800-875-9700.

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