It is sometimes difficult to say that one particular act caused an accident. If you can show that the other driver made several minor driving errors or committed several minor traffic violations, then you can argue that the combination of those actions caused the accident. Almost half the states have some form of no-fault auto insurance, also called personal injury protection.In those states , the claim is paid no matter who is at fault, but the recoveries may be limited to medical expenses and lost wages.Maryland is not a no fault state. Maryland requires proof of fault in order to recover.
Often there is a dispute about how the accident happened. Both sides tell the story in such a way that if their story were true, then they would not be at fault. Most of the time when there are conflicting stories, it is not likely that both parties are correct in their assessment about what happened. While some people do lie in order to avoid being responsible for the other person’s damage, more often than not the parties just remember the facts differently. It is not unusual to have cases were each side differs in what happened and each side has independent witnesses who also differ as to what happened in a case. For these situations, that is why they have courts to try and resolve the situation. At trial a good Baltimore Injury lawyer, can through direct and cross examination, explore the:
(1) the witness’s behavior on the stand and way of testifying;
(2) the witness’s opportunity to see or hear the things about which testimony was given;
(3) the accuracy of the witness’s memory;
(4) did the witness have a motive not to tell the truth?;
(5) does the witness have an interest in the outcome of the case?;
(6) was the witness’s testimony consistent?;
(7) was the witness’s testimony supported or contradicted by other evidence?; and
(8) whether and the extent to which the witness’s testimony in the court differed from the statements made by the witness on any previous occasion.