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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 anyone 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. Baltimore personal injury lawyers sometimes argue that 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. Knowledgeable Baltimore personal injury lawyers know, though, 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.

Steps to Take After a Workplace Accident

A serious workplace injury can easily render a worker incapacitated, leaving him or her unable to perform the functions of the job.  That worker needs lost wages and medical attention. Maryland, like all states, has a...

Do I Need a Car Accident Lawyer?

If you’ve been involved in a car accident, there’s a lot to think about. Medical evaluations and treatment, lost wages. PIP claims, and car repairs are just a few of the issues you’ll be facing in the aftermath. In this difficult...

I Was Charged With a Felony. Now What?

A felony charge can alter your life forever. The stress and uncertainty surrounding a pending criminal case can put a strain on your relationships and mental health.  But, with knowledge of the procedure, the prosecutors, the judges and the...

What to Do after a Baltimore Car Accident

Being involved in a car accident can be a terrifying experience.  It’s easy to be so overwhelmed that you fail to take all of the necessary steps towards ensuring that you receive compensation.  I’ve personally been in this...

Do I Have a Slip and Fall Case?

People are injured all the time in what are called “slip and fall” or “trip and fall” accidents. That’s unfortunate, of course, but just because there is a fall doesn’t mean there is a lawsuit.  How does one...

Am I Owed Compensation for a Personal Injury?

Have you suffered an injury due to someone else’s negligence? If so, you are eligible to receive compensation. Damages, both economic and non-economic, are intended to compensate the injured party for losses incurred as a result of their...

Do I Need a Baltimore Criminal Defense Attorney?

Facing a criminal charge, regardless of the severity, can be a life altering experience. When your freedom, job, and financial security are at risk, there is no room for guesswork. It goes without saying there are no second chances in a criminal...

What to Look for in a DUI Attorney

A good attorney can make all the difference when it comes to dealing with a DUI arrest. Just as important as knowing what positive qualities to look for in an attorney, it is essential to know the warning signs of attorneys that you should avoid....

Permanent Total Disability

This is the pinnacle of worker’s compensation benefits. Unfortunately, in order to qualify for it, you need to be so significantly injured that you cannot work. An experienced worker’s compensation attorney is well versed in the...

Temporary Total Disability

If the doctor has told an injured worker they cannot work at all, that injured worker is considered temporarily totally disabled. That person is then entitled to 2/3 of their average pre accident earnings. With both temporary and total disability,...

Worker's Compensation - Accidental Injury

The injured worker must have sustained an accidental personal injury for it to be considered compensable under the workers compensation law. One case defines accidental as an unexpected happening from an unknown cause, or an unanticipated result...

Accidental Personal Injury

Is one sustains an accidental personal injury while on the clock at work, they are entitled to worker’s compensation benefits. The law says an accidental personal injury is one that arises out of an in the course of employment. Seems pretty...
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