How To Prove The Other Driver Was At-Fault For Car Accident.
Proving Other Driver Was At-Fault For Car Accident After Baltimore Accident
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, then 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. attorney Eric T. Kirk will advise you, the jury can accept that explanation, and give a defense verdict, or applying Res Ipsa Loquitor, find the defendant liable, even without direct proof of negligence.
When a car accident happens in Baltimore, one of the most important issues for any injured person is establishing fault. Maryland follows a contributory negligence rule, meaning that if an injured party is found even 1% at fault, they may be barred from recovery. Because of this strict standard, building a strong case with clear proof of fault is essential. Below are some of the most effective methods attorneys and investigators use to establish liability in a Baltimore car accident case.
The first step after most collisions is a police investigation. Officers responding to the scene prepare an official accident report, which often includes:
The officers’ observations.
Statements from drivers and witnesses.
Any citations or violations issued.
While the police report itself may not be admissible at trial in every instance, it can serve as a critical roadmap for determining who was likely at fault.
Visual evidence is one of the most important tools in proving fault. Photographs of vehicle damage, skid marks, traffic signals, and weather conditions provide context about how the accident occurred. Increasingly, nearby video sources — such as traffic cameras in Baltimore City, business security footage, or even residential doorbell cameras — can provide direct evidence of the moments before and during impact.
Independent witnesses often provide powerful testimony in a Baltimore accident case. A neutral third party who observed the events unfold can help confirm or dispute the accounts of the drivers involved. Attorneys often seek to preserve this testimony early, before memories fade or witnesses become harder to locate.
In more complex cases, an accident reconstruction expert may be retained. These professionals use physics, engineering, and software modeling to recreate the collision. By examining vehicle speeds, angles of impact, and roadway design, experts can provide a step-by-step definition of how the crash occurred and who was responsible.
Modern vehicles are equipped with electronic data recorders, sometimes called “black boxes.” These devices can reveal critical information such as speed, braking, and steering in the seconds before impact. In addition, many rideshare and commercial vehicles in Baltimore are equipped with GPS trackers or telematics that record driver behavior. Retrieving this data can be crucial in contested fault cases.
If distracted driving is suspected, cell phone records may be subpoenaed to show whether a driver was texting or making a call at the time of the crash. This type of documentation can provide compelling proof that a driver failed to use reasonable care.
Proving that a driver violated Maryland traffic law — such as running a red light, speeding, or failing to yield — is often decisive. Citations issued at the scene or later testimony from the investigating officer can demonstrate negligence per se, meaning the violation itself establishes liability.
Maryland courts have applied this notion, “res ipsa” although not employing the specific Latin phrase in the context of rear-end collisions. “We conclude that a true evidentiary presumption of negligence arises where a motor vehicle is lawfully stopped on a highway awaiting for traffic to clear before entering an intersecting highway and that vehicle is suddenly struck from behind by another vehicle… From that presumption, a trier of fact may reasonably infer negligence on the part of the driver of the following vehicle.”1 The law considers this to be a rebuttable presumption, meaning the defendant must offer a plausible, non-negligent reason has to why he or she hit the car in front.
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- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
