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. 

Dictionary of Legal Terms

DAMAGES Damages are the method by which the law quantifies the harm that results from an act of negligence. Money is a poor substitute for the pain  and loss associated with a personal injury, but it is the system of compensation that the...

Should I Go To Therapy After A Car Accident?

The answer to the question posed in the title is a simple one. A person injured in an automobile accident should do whatever the doctor that evaluates them tells them to do. If that advice includes surgery, then the individual should have surgery....

IF I DON'T GO TO THE DOCTOR DO I HAVE A CASE?

“I was in a car accident. Do I have a case if I did not go to a doctor” ? As a personal injury and accident attorney, this is a question that I see with surprising frequency. I’ve represented the victims of negligence and injured...

HOW MUCH WILL I GET FOR MY PERSONAL INJURY OR AUTO ACCIDENT CASE?

In other chapters in these guides, I've explored in a lot of detail the various factors that go into determining a fair range of value for the typical personal injury or motor vehicle accident case in Maryland. One of the most difficult, yet one...

HOW IS FAULT DETERMINED IN A MARYLAND CAR ACCIDENT CASE?

Police officers, claims adjuster, attorneys, judges and jurors all give their conclusions on who caused an accident. Obviously, the conclusions offered by judge or a jury are going to be conclusive, absent an appeal. But what set of rules guides...

The Top Five Things To Expect In A Personal Injury Case.

Whether you are dealing with a motor vehicle accident, a slip or trip and fall claim, or some other negligence based case, in any personal injury claim, obviously, there's going to be an accident, or an injury, or both. The injured person will...

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...