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 if I can't prove who was at fault? - Attorney Blog Baltimore MD - Criminal Defense, Personal Injury Lawyer - Eric T. Kirk - Baltimore_auto_accident_iii(1)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. 

Slip and Fall Accidents: Proving Fault

Slip and fall injury is where an individual slips, falls, and is injured in another person's compound or property. The case is covered under another broad category known as premises liability. When this happens, the owner of the building might...

What is an Alford Plea under Maryland Law?

Almost 50 years ago the US Supreme Court recognized that if certain criteria were met, a sentencing judge could accept a plea – in effect a de facto plea of guilty- from an individual who maintained they were, in fact, innocent. Alford plead...

WHAT IS CONSIDERED PERJURY UNDER MARYLAND LAW?

Maryland criminal law makes it a crime to knowingly and falsely make an affirmation of material fact under oath, or in affidavit authorized by law. The falsity must be given knowingly, and not be the product of surprise or confusion. Moreover, the...

IS IT A CRIME TO MAKE A BOMB THREAT IN MARYLAND?

Most of us are familiar with a prankster who pulls a file alarm. In post-911 Maryland, this conduct is not viewed as harmless fun. Section 9-504 of the Criminal Law Article makes it a crime to circulate or transmit to...

IS IT ILLEGAL TO HACK INTO A COMPUTER IN MARYLAND

Maryland law punishes the conduct that is informally known as “hacking”. Current law makes it a crime, standing alone, to gain access to someone else’s computer data, whether or not information is stolen. The law was...

TOP 10 REASONS FOR CONSULTING WITH A PERSONAL INJURY ATTORNEY.

I’ve always maintained that you should consult with an experienced personal injury attorney immediately after a car accident involving injury. My feelings are that it just makes sense to get a handle on what legal rights and options you have....

IF I HIRE A PERSONAL INJURY LAWYER DO I PAY ANYTHING UP FRONT?

Most personal injury lawyers, and this one is no exception, handle cases on what is called a contingency fee contract. Distilled to its most basic, this is often called a NO COSTS UNLESS WE WIN arrangement. It is probably fair to refer to it...

HOW MUCH ARE CAR ACCIDENT LAWYER’S FEES?

Attorney’s fees come in three variations. You may agree to hire a lawyer for a fixed or ‘flat’ fee. Under this arrangement, the lawyer agrees to accept a specific amount to handle a case for you. Criminal defense cases are...