What if I can't prove who was at fault?

It is usually clear in the case of car accidents which vehicles were involved -although who was at fault may be hotly disputed. In fact, experienced Baltimore personal injury lawyers will tell you that the mere fact that an accident happened does not mean someone was at fault. But what about a situation where it is not entirely clear how an accident happened, the vehicles involved, or where the specific mechanism of the accident is not clear [e.g. a car running off a roadway with dry pavement under good weather conditions [Haines v. State, 202 A.2d 364] or a pedestrian hit by a car while standing on the side of a road [UCJFB v. Bowles, 334 A.2d 532]. In such circumstances, the law may provide a shortcut to proving who was at fault, or exactly how they were at fault.

If the event is one that would not normally occur without negligence, the cause of the event was an instrumentality causing the harm was within the exclusive control of a defendant, and no one else, including the injury victim, could have caused the accident, than Res Ipsa Loquitor ["the thing speaks for itself"] permits an inference that the defendant was the cause of the harm.

Of course that this is only half the battle. The defendant then has the opportunity to present a reasonable alternative explanation as to the cause of the harm- that does not involve negligence. The jury can accept that explanation, and give defense verdict, or applying Res Ipsa Loquitor, find the defendant liable, even without direct proof of negligence.

Issues of proof at trial can be complex. Many injury victims choose to employ a seasoned litigator to handle their case. I extend a complimentary case evaluation to potential clients. Contact me today to arrange yours. 

The Top 5 Reasons Why Workers Compensation Claims Are Denied.

It's been noted elsewhere in these Guides, that the workers' compensation law is supposed to be self-executing. What we see in practice is that is simply not the case. Injured workers are denied benefits by insurance companies each and...

The Top 5 Reasons Not To Post Legal Questions Online

Perhaps the single most important benefit of representation by a skilled attorney is that of confidentiality. Although there may be limited exceptions to the rule of confidentiality, a lawyer may not disclose communications had with the client. A...

Can I Switch Lawyers?

The answer is yes. Lawyers are no different in this respect than any other profession. If you were not happy with the work that an auto mechanic was doing on your car -you would find a different mechanic. If you were not happy with the work your...

Is My Car Accident Captured on Film By A Surveillance Camera?

The factual details surrounding a car accident are obviously important. The sequence of events, the timing, the “how” and “why” of the occurrence determines who is responsible for the accident. In Maryland, causation looms...

Personal Injury Claims

Personal injury claims can be thought of as falling into three broad categories. Perhaps the most common are those resulting from negligence. An example would be the careless operation of a car leading to an accident causing injury. Claims may also arise from intentional misconduct like an assault causing injury. A narrow class of claims -called strict liability actions- arise even where the is no wrongful conduct.

What is Mediation in a Personal Injury Case?

Mediation is a process that allows parties in a personal injury lawsuit to resolve the case short of going to trial. Many states have gone to a mandatory mediation process in every case. Maryland courts refer the parties to mediation as a matter of...
Schedule a Complimentary Case Evaluation and Strategy Meeting:
* Indicates required questions
Name *
First
Last
Email *
Phone # *
Case Type *
Describe Your Case *