How Maryland Law Protects Victims of Drunk Driving Accidents
Drunk driving accidents can have devastating consequences, leaving victims physically injured, emotionally traumatized, and often financially burdened. In Maryland, the law provides several avenues for victims of DUI (Driving Under the Influence) accidents to seek justice and compensation for their losses. The state’s legal protections, including specific compensation claims, can help victims rebuild their lives. Here’s what you need to know about Maryland’s drunk driving accident laws and how they support victims.
The Challenge of Contributory Negligence in Maryland
Maryland is one of a few states that still follows the pure contributory negligence rule. Under this rule, if the court finds that you contributed even 1% to the cause of the accident, you are barred from recovering any compensation. This strict standard makes it crucial to present a strong case demonstrating that the drunk driver alone was responsible.
For instance, imagine you’re hit by a drunk driver, but the defense argues you were speeding or failed to yield. If the court determines that your actions contributed in any way to the accident, you may lose your right to compensation. In Maryland, it’s essential to have a skilled legal advocate who can help you counter contributory negligence claims and build a solid case on your behalf.
Your Options for Recovering Damages
If you’ve been injured in a Maryland DUI accident, there are two primary ways to seek compensation for your losses:
- Insurance Claim: The first option is to file a claim with the at-fault driver’s insurance. If the driver lacks insurance, you can make a claim through your own uninsured motorist coverage.
- Personal Injury Lawsuit: If the at-fault driver’s insurance coverage is insufficient, or if other issues arise, you may file a personal injury lawsuit. A lawsuit allows you to seek compensation beyond what insurance may cover, especially if you’ve experienced pain and suffering or lost future earning capacity due to your injuries.
In either case, the compensation you may be eligible for, called “damages,” includes medical expenses, lost wages, property damage, pain and suffering, and in rare cases, punitive damages. However, punitive damages are awarded only in extreme cases of misconduct and are rare in Maryland DUI cases.
Types of Recoverable Damages in DUI Cases
In Maryland, drunk driving accident victims may recover damages to cover a range of expenses and losses, including:
- Medical Costs: This includes hospital visits, surgeries, rehabilitation, medications, and any ongoing treatment.
- Lost Wages and Future Earning Capacity: Compensation for time off work due to recovery, as well as reduced ability to work in the future.
- Property Damage: Covers repair or replacement of your vehicle and other damaged property.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Punitive Damages: While uncommon in Maryland, these may apply in cases involving extreme recklessness.
To secure compensation for non-economic damages (such as pain and suffering), you may need to file a personal injury lawsuit, as insurance claims typically cover only economic damages like medical expenses and property loss.
Navigating Maryland’s DUI laws can be challenging, especially with the strict contributory negligence rule. If you or a loved one has been injured by a drunk driver, consulting an experienced personal injury attorney is crucial. Contact the Law Offices of Nicholas Parr in Baltimore, MD today to schedule your free consultation. We don’t receive a fee unless we win.
