One of the many tasks of the Maryland Motor Vehicle Administration (MVA) is gathering data and compiling statistics on motor vehicle accidents in the state, including numbers related to the frequency, type, weather conditions, involvement of alcohol, and many other factors. The MVA uses these figures to assess trends that can lead to enhanced safety measures. Especially the data on five-year averages: For instance, there were 33,391 injury crashes that led to injuries for 49,180 victims from 2015-2019.
When the evidence is clear regarding the nature of the injuries and obvious damage to the vehicles, some of these victims will have no problem recovering compensation through the responsible driver’s insurer. However, you may run into frustrating challenges if there was little or no visible damage. With help from an experienced Maryland auto accidents attorney, you can overcome the hurdles, but you should be aware of what you are up against.
What You Must Prove in an Auto Crash Claim
Whenever you pursue your legal remedies as the victim of a vehicle collision, there are four elements you need to prove:
- The at-fault driver had a duty to exercise reasonable care;
- The motorist breached this duty by driving in a careless or unsafe manner;
- The breach was the proximate cause of the crash; and,
- You sustained losses as a result of being hurt.
Even if you have evidence to prove these elements, the lack of property damage does have implications for recovering compensation. There is no apparent destruction, so the assumption is that you could not have been seriously injured. The insurance company will be highly suspicious, and the claims adjuster may either deny your injury claim or make a lowball offer to settle it. In addition, if you have to file a lawsuit in court to obtain the monetary damages you deserve, you may have difficulties convincing a jury about your losses.
Overcoming Hurdles in Maryland Car Accidents
Though your situation may seem grim in an accident with no damage to vehicles, there are other ways to prove your injuries and losses. Your attorney can develop a strategy around other evidence that supports your claim, such as:
- Medical records and document the details about your injuries, treatment, surgery, other procedures, and information about your care;
- X-rays, MRIs, CT scans, and other tests;
- Statements from witnesses who observed the vehicle collision;
- Video footage from the security cameras of businesses near the crash;
- Insights from medical experts who can offer opinions the severity of your injuries and associated losses; and,
- Many other options.
Count on Our Baltimore County, MD Auto Crash Lawyers for Legal Help
If you were hurt in a Maryland car accident involving little or no damage to vehicles, you can see how important it is to retain skilled legal representation to assist with the legal process. For more information, please contact attorney Michael A. Freedman to schedule an initial consultation regarding your case. Once we review your unique circumstances, we can develop a strategy to overcome potential challenges and get the compensation you deserve.
